Vol. 84 Thursday, No. 225 November 21, 2019

Pages 64193–64410

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 225

Thursday, November 21, 2019

Agriculture Department Privacy Act; Matching Program, 64308–64309 NOTICES Agency Information Collection Activities; Proposals, Employment and Training Administration Submissions, and Approvals, 64261 NOTICES Agency Information Collection Activities; Proposals, Army Department Submissions, and Approvals: NOTICES Equal Employment Opportunity in Apprenticeship Meetings: Training, 64340–64341 Advisory Committee on Arlington National Cemetery, 64280–64281 Energy Department See Federal Energy Regulatory Commission Centers for Medicare & Medicaid Services NOTICES Engineers Corps Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 64319 Restricted Area: Curtis Creek and Arundel Cove, United States Coast Coast Guard Guard Yard, Baltimore, MD, 64203–64204 RULES Restricted Areas and Danger Zones: Waiver of Citizenship Requirements for Crewmembers on James River, Skiffes Creek, and Warwick River Commercial Fishing Vessels, 64209 Surrounding Joint Base Langley-Eustis, VA, 64200– 64202 Commerce Department NOTICES See International Trade Administration Meetings: See National Institute of Standards and Technology Table Rock Lake Oversight Committee, 64307–64308 See National Oceanic and Atmospheric Administration See Patent and Trademark Office Environmental Protection Agency RULES Comptroller of the Currency Air Quality Designation: RULES Redesignation of the Duval County Ozone Unclassifiable Other Real Estate Owned and Technical Amendments; Area, FL, 64206–64209 Amendment of Effective Date and Correction, 64193 PROPOSED RULES PROPOSED RULES Air Quality State Implementation Plans; Approvals and Permissible Interest on Loans that are Sold, Assigned, or Promulgations: Otherwise Transferred, 64229–64232 District of Columbia; Negative Declaration for the Oil and Gas Control Techniques Guideline, 64244–64245 Copyright Royalty Board Utah; Salt Lake County, Utah County, and Ogden City RULES PM10 Redesignation to Attainment, Designation of Cost of Living Adjustment: Areas for Air Quality Planning Purposes and State Public Broadcasters Compulsory License Royalty Rate, Implementation Plan Revisions, 64245–64260 64205–64206 West Virginia; 2019 Amendments to West Virginia’s Royalty Rates for Webcaster Statutory License, 64204– Ambient Air Quality Standards, 64243–64244 64205 NOTICES Satellite Carrier Compulsory License Royalty Rates, Agency Information Collection Activities; Proposals, 64206 Submissions, and Approvals: Federal Implementation Plan for Oil and Natural Gas Defense Department Well Production Facilities, Fort Berthold Indian See Army Department Reservation (Mandan, Hidatsa, and Arikara Nation), See Engineers Corps North Dakota, 64317–64318 See Navy Department NOTICES Federal Aviation Administration Privacy Act; Systems of Records, 64281–64283 RULES Science and Technology Reinvention Laboratory Personnel Airworthiness Directives: Management Demonstration Project in the Joint Warfare General Electric Company Turbofan Engines, 64195– Analysis Center of the United States Strategic 64197 Command, 64283–64307 Special Conditions: Robinson Helicopter Company, Model Robinson R66, Defense Nuclear Facilities Safety Board Visual Flight Rules Autopilot and Stability NOTICES Augmentation System, 64194–64195 Meetings; Sunshine Act, 64308 PROPOSED RULES Special Conditions: Education Department Bell Helicopter Textron Canada Limited, Model Bell 505, NOTICES Visual Flight Rules Autopilot and Stability Investigation and Record Requests, 64309–64313 Augmentation System, 64233–64234

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Federal Communications Commission Food and Drug Administration RULES NOTICES Transforming the 2.5 GHz Band; Correction, 64209–64210 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Deposit Insurance Corporation Web-Based Pilot Survey to Assess Allergy to Cosmetics in NOTICES the United States, 64322–64324 Meetings; Sunshine Act, 64318 Guidance: Transdermal and Topical Delivery Systems––Product Development and Quality Considerations, 64319– Federal Emergency Management Agency 64321 NOTICES Meetings: Flood Hazard Determinations; Changes, 64328–64331 Anesthetic and Analgesic Drug Products Advisory Flood Hazard Determinations; Proposals, 64326–64328, Committee, 64325–64326 64331–64332 Dermatologic and Ophthalmic Drugs Advisory Committee, 64321–64322 Federal Energy Regulatory Commission NOTICES Health and Human Services Department Application: See Centers for Medicare & Medicaid Services Jason and Carol Victoria Presley, 64313 See Food and Drug Administration Combined Filings, 64313–64315 Environmental Impact Statements; Availability, etc.: Homeland Security Department Jordan Cove Energy Project LP, Pacific Connector Gas See Coast Guard Pipeline L.P.; Proposed Jordan Cove Energy Project, See Federal Emergency Management Agency 64315–64317 See U.S. Citizenship and Immigration Services

Federal Maritime Commission Interior Department NOTICES See Fish and Wildlife Service Agreements Filed, 64318 See Land Management Bureau See National Park Service Federal Motor Carrier Safety Administration NOTICES Internal Revenue Service Commercial Driver’s License Standards; Exemption PROPOSED RULES Applications: Taxable Year of Income Inclusion Under an Accrual Navistar, Inc. (Navistar), 64400–64401 Method of Accounting; and Advanced Payments for Hours of Service of Drivers; Exemption Applications: Goods, Services, and Other Items, 64234–64235 American Bakers Assn. and International Dairy Foods NOTICES Assn., 64398–64400 Agency Information Collection Activities; Proposals, Kimble Recycling and Disposal, Inc., 64401–64403 Submissions, and Approvals, 64406–64410 National Waste and Recycling Assn., 64391–64393 Agency Information Collection Activities; Proposals, North Shore Environmental Construction, Inc., 64394– Submissions, and Approvals: 64396 Information Collection tools, 64410 PJ Helicopters, Inc., 64397–64398 Revenue Procedure 2011–34, Rules for Certain Rental Wolfe House Movers, LLC and Wolfe House Movers of Real Estate Activities, 64407 Indiana, LLC, 64396–64397 Qualification of Drivers; Exemption Applications: International Trade Administration Hearing, 64393–64394 NOTICES Antidumping or Countervailing Duty Investigations, Orders, Federal Reserve System or Reviews: NOTICES Cast Iron Soil Pipe Fittings from the People’s Republic of Change in Bank Control: China, 64263–64265 Acquisitions of Shares of a Bank or Bank Holding Emulsion Styrene-Butadiene Rubber from Mexico, 64274– Company, 64319 64275 Formations of, Acquisitions by, and Mergers of Bank Emulsion Styrene-Butadiene Rubber From Poland, Holding Companies, 64318 64261–64263 Forged Steel Fittings from India, 64270–64273 Fish and Wildlife Service Initiation of Less-Than-Fair-Value Investigations: RULES Forged Steel Fittings from India and the Republic of Endangered and Threatened Species: Korea, 64265–64270 Status for Meltwater Lednian Stonefly and Western Glacier Stonefly, 64210–64227 International Trade Commission NOTICES NOTICES Endangered and Threatened Species: Investigations; Determinations, Modifications, and Rulings, Initiation of 5-Year Status Reviews of the Short-tailed etc.: Albatross (Phoebastria albatrus) and the Southwest Certain Shaker Screens for Drilling Fluids, Components Alaska Distinct Population Segment of the Northern Thereof, and Related Marketing Materials, 64339– Sea Otter (Enhydra lutris kenyoni), 64333–64334 64340

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Justice Department NOTICES RULES Agency Information Collection Activities; Proposals, Privacy Act; Implementation, 64198–64200 Submissions, and Approvals, 64277 Atlantic Highly Migratory Species: Labor Department Exempted Fishing, Scientific Research, Display, and See Employment and Training Administration Shark Research Fishery Permits; Letters of See Occupational Safety and Health Administration Acknowledgment, 64277–64280 See Workers Compensation Programs Office NOTICES National Park Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Certificate of Electrical Training and Applications for Submissions, and Approvals: MSHA Approved Tests and State Tests Administered Community Harvest Assessments for Alaskan National as Part of an MSHA-approved State Program, 64345– Parks, Preserves, and Monuments, 64336–64337 64346 Glacier Bay National Park and Preserve Bear Sighting and Class Exemption for Certain Transactions Involving Encounter Reports, 64337–64339 Purchase of Securities where Issuer May Use Proceeds to Reduce or Retire Indebtedness to Parties National Science Foundation in Interest, 64341–64342 NOTICES National Agricultural Workers Survey, 64344–64345 Meetings: Petition for Finding under Employee Retirement Income Advisory Committee for Social, Behavioral and Economic Security Act, 64346–64347 Sciences, 64351 Plan Asset Transactions Determined by In-House Asset Managers under Prohibited Transaction Class Navy Department Exemption 96–23, 64347 NOTICES Statutory Exemption for Cross-Trading of Securities, Meetings: 64342–64343 U.S. Naval Academy Board of Visitors, 64308 Worker Profiling and Reemployment Services Activity and Worker Profiling and Reemployment Services Nuclear Regulatory Commission Outcomes, 64343–64344 NOTICES Bellefonte Nuclear Plant; Consideration of Approval of Land Management Bureau Transfer of Construction Permits and Conforming NOTICES Amendment, 64355–64358 Meetings: License Amendment Application: California Desert District Advisory Council, 64335 Curtiss-Wright Electro-Mechanical Corp., 64353–64355 Plats of Surveys: Meetings: Eastern States, 64334–64335 Advisory Committee on Reactor Safeguards, 64351–64353 Temporary Closure of Public Lands: Maricopa County, AZ, 64335–64336 Occupational Safety and Health Administration NOTICES Legal Services Corporation Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings; Sunshine Act, 64350–64351 Occupational Exposure to Noise Standard, 64349–64350 Library of Congress Standard for Welding, Cutting, and Brazing, 64348–64349 See Copyright Royalty Board Patent and Trademark Office National Highway Traffic Safety Administration NOTICES NOTICES Office Patent Trial Practice Guide, November 2019 Edition, Advanced Driver Assistance Systems Draft Research Test 64280 Procedures, 64405–64406 Grant of Petition for Decision of Inconsequential Personnel Management Office Noncompliance: NOTICES Yokohama Tire Corp., 64403–64405 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institute of Standards and Technology Questionnaire for National Security Positions, Standard NOTICES Form 86, 64358 Meetings: Board of Overseers of the Malcolm Baldrige National Postal Service Quality Award, 64275–64276 NOTICES National Construction Safety Team Advisory Committee, Product Change: 64276–64277 Priority Mail Negotiated Service Agreement, 64358–64359 National Oceanic and Atmospheric Administration Securities and Exchange Commission RULES NOTICES Coastal Migratory Pelagic Resources of the Gulf of Mexico Self-Regulatory Organizations; Proposed Rule Changes: and Atlantic Region: Cboe BZX Exchange, Inc., 64375–64377 2019–2020 Commercial Closure for King Mackerel in the Cboe EDGA Exchange, Inc., 64370–64375 Gulf of Mexico Western Zone, 64227–64228 Cboe Exchange, Inc., 64368–64370

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ICE Clear Credit LLC, 64379–64381 See Internal Revenue Service New York Stock Exchange LLC, 64363–64368, 64381– 64384, 64386–64389 U.S. Citizenship and Immigration Services NYSE American LLC, 64359–64363, 64377–64379, NOTICES 64384–64386 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Small Business Administration Petition for CNMI-Only Nonimmigrant Transition NOTICES Worker, 64332–64333 Disaster Declaration: Florida, 64390 Veterans Affairs Department Illinois, 64390 Texas, 64389–64390 PROPOSED RULES Provider-Based Requirements, 64235–64243 State Department NOTICES Workers Compensation Programs Office Meetings: RULES Foreign Affairs Policy Board, 64390–64391 Black Lung Benefits Act: Medical Benefit Payments, 64197–64198 State Justice Institute NOTICES Meetings: Reader Aids Board of Directors, 64391 Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, and notice See Federal Aviation Administration of recently enacted public laws. See Federal Motor Carrier Safety Administration To subscribe to the Federal Register Table of Contents See National Highway Traffic Safety Administration electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail Treasury Department address, then follow the instructions to join, leave, or See Comptroller of the Currency 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.

12 CFR 3...... 64193 6...... 64193 34...... 64193 46...... 64193 160...... 64193 161...... 64193 163...... 64193 167...... 64193 Proposed Rules: 7...... 64229 160...... 64229 14 CFR 27...... 64194 39...... 64195 Proposed Rules: 27...... 64223 20 CFR 725...... 64197 26 CFR Proposed Rules: 1...... 64234 28 CFR 16...... 64198 33 CFR 334 (2 documents) ...... 64200, 64203 37 CFR 380...... 64204 381...... 64205 386...... 64206 38 CFR Proposed Rules: 17...... 64235 40 CFR 81...... 64206 Proposed Rules: 52 (3 documents) ...... 64243, 64244, 64245 81...... 64245 46 CFR 28...... 64209 47 CFR 27...... 64209 50 CFR 17...... 64210 622...... 64227

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Rules and Regulations Federal Register Vol. 84, No. 225

Thursday, November 21, 2019

This section of the FEDERAL REGISTER rule to revise its rule on other real estate regulation pursuant to section 302(a) of contains regulatory documents having general owned (OREO) at 12 CFR part 34, the Riegle Community Development and applicability and legal effect, most of which subpart E, and make related technical Regulatory Improvement Act of 1994 are keyed to and codified in the Code of amendments (OREO final rule).1 (RCDRIA). Under section 302(b) of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The OREO final rule was published RCDRIA, new regulations and with an effective date of December 1, amendments to regulations that impose The Code of Federal Regulations is sold by 2019. However, the OCC has determined new requirements on insured depository the Superintendent of Documents. that an amendment of the effective date institutions generally shall take effect on of the OREO final rule to January 1, the first day of a calendar quarter on or 2020, is necessary to satisfy the DEPARTMENT OF TREASURY after the date the final regulations are requirements of the Riegle Community published. Since the final rule Office of the Comptroller of the Development and Regulatory establishes new requirements for OREO 2 Currency Improvement Act (RCDRIA). Under held by Federal savings associations, section 302(b) of RCDRIA, new RCDRIA requires that the final rule be 12 CFR Parts 3, 6, 34, 46, 160, 161, 163, regulations and amendments to effective for these institutions no earlier and 167 regulations that impose new than on January 1, 2020. While the requirements on insured depository revisions generally do not create new [Docket ID OCC–2019–0004] institutions generally must take effect requirements for national banks, the on the first day of a calendar quarter on RIN 1557–AE50 OCC is delaying the effective date for or after the date the final regulations are the entire rule to avoid confusion Other Real Estate Owned and published. Since the OREO final rule between different types of OCC- Technical Amendments; Amendment establishes new requirements for OREO regulated institutions.’’ of Effective Date and Correction held by Federal savings associations, RCDRIA requires that the OREO final III. Rule Text Revision AGENCY: Office of the Comptroller of the rule be effective for these institutions no Currency, Treasury. earlier than on January 1, 2020. In Through this final rule, the OCC is ACTION: Final rule; amendment of connection with this revision, the OCC revising the effective date incorporated effective date and correction. is amending the RCDRIA statement in into the rule text at 12 CFR 34.82(b)(5) the final rule. to January 1, 2020, to permit Federal SUMMARY: On October 22, 2019, the While the final rule primarily savings associations to have a full 5-year Office of the Comptroller of the establishes new requirements for initial holding period for OREO held Currency (OCC) published in the Federal savings associations, the OCC is prior to the revised effective date. As Federal Register a final rule to revise delaying the effective date of the entire this revision is being made to provisions on other real estate owned rule to avoid confusion about adopting implement the effective date required and make related technical different effective dates for national under RCDRIA, the OCC does not amendments. The final rule had an banks and Federal savings associations. believe this change is subject to the effective date of December 1, 2019. The Any national bank or Federal savings notice and comment or delayed effective OCC has determined that an amendment association subject to the final rule may date requirements under the of the effective date to January 1, 2020, choose to comply with it prior to Administrative Procedure Act (5 U.S.C. is appropriate. January 1, 2020. 553). DATES: The correction in this document is effective January 1, 2020. The II. Corrected RCDRIA Statement In FR Doc. 2019–22823 appearing on page 56369 in the Federal Register of effective date of the final rule published In connection with the revised Tuesday, October 22, 2019, the on October 22, 2019 (84 FR 56369), is effective date, the OCC is amending the following correction is made: changed from December 1, 2019 to RCDRIA statement in the January 1, 2020. SUPPLEMENTARY INFORMATION section of § 34.82 [Corrected] FOR FURTHER INFORMATION CONTACT: the OREO final rule. Kevin Korzeniewski, Counsel, or J. 1. On page 56374, the second full ■ 2. On page 56375, in the first column, William Binkley, Attorney, Chief paragraph in the first column, under the § 34.82 is corrected in paragraph (b)(5) Counsel’s Office, (202) 649–5490; or for heading ‘‘D. Riegle Community by removing ‘‘December 1, 2019’’ and persons who are hearing impaired, TTY, Development and Regulatory adding ‘‘January 1, 2020’’ in its place. (202) 649–5597. Improvement Act of 1994’’ is revised to Dated: November 18, 2019. SUPPLEMENTARY INFORMATION: read as follows: Morris R. Morgan, ‘‘The OCC received no comments I. Background and Revised Effective addressing administrative burden of the First Deputy Comptroller, Comptroller of the Date Currency. On October 22, 2019, the OCC 1 84 FR 56369 (Oct. 22, 2019). [FR Doc. 2019–25279 Filed 11–20–19; 8:45 am] published in the Federal Register a final 2 12 U.S.C. 4802(b). BILLING CODE 4810–33–P

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DEPARTMENT OF TRANSPORTATION and roll with optional yaw) as well as § 11.38 and they become part of the type higher-level autopilot functions such as certification basis under § 21.101(d). Federal Aviation Administration altitude hold, heading command and Novel or Unusual Design Features navigation tracking. However, the 14 CFR Part 27 possible failure conditions for this The Robinson Model R66 helicopter will incorporate the following novel or [Docket No. FAA–2019–0106; Notice No. 27– system, and their effect on the 046–SC] continued safe flight and landing of the unusual design features: AP/SAS. An helicopter, are more severe than those autopilot (AP) is a system used to Special Conditions: Robinson envisioned by the present rules. control the trajectory of an aircraft Helicopter Company, Model Robinson The effect on safety is not adequately without constant input from the pilot. R66, Visual Flight Rules Autopilot and covered under 14 CFR 27.1309 for the This allows the pilot to focus on other Stability Augmentation System (AP/ application of new technology and new aspects of operations such as weather SAS System) application of standard technology. and systems. A stability augmentation Specifically, the present provisions of system (SAS) is another type of AGENCY: Federal Aviation § 27.1309(c) do not adequately address automatic flight control system; Administration (FAA), DOT. the safety requirements for systems however, instead of maintaining the ACTION: Final special conditions. whose failures could result in aircraft on a predetermined attitude or catastrophic or hazardous/severe-major flight path, the SAS will reduce pilot SUMMARY: These special conditions are workload by dampening aircraft issued for the Robinson Helicopter failure conditions, or for complex buffeting regardless of the attitude or Company (Robinson) Model R66 systems whose failures could result in flight path. helicopter. This helicopter will have a major failure conditions. The current novel or unusual design feature regulations are inadequate because Discussion when § 27.1309(c) was promulgated, it associated with installation of the To comply with the provisions of the autopilot and stability augmentation was not envisioned that this type of rotorcraft would use systems that are special conditions, the FAA requires system (AP/SAS system). The that Robinson provide the FAA with a applicable airworthiness regulations do complex or whose failure could result in ‘‘catastrophic’’ or ‘‘hazardous/severe- systems safety assessment (SSA) for the not contain adequate or appropriate final AP/SAS installation configuration safety standards for this design feature. major’’ effects on the rotorcraft. This is particularly true with the application of that will adequately address the safety These special conditions contain the objectives established by a functional additional safety standards that the new technology, new application of standard technology, or other hazard assessment (FHA). This process Administrator considers necessary to will ensure that all failure conditions establish a level of safety equivalent to applications not envisioned by the rule that affect safety. and their resulting effects are adequately that established by the existing addressed for the installed AP/SAS. The airworthiness standards. Type Certification Basis SSA process is part of the overall safety DATES: These special conditions are Under 14 CFR 21.101, Robinson must assessment process discussed in FAA effective December 23, 2019. show that the Model R66 helicopter, as Advisory Circular 27–1B, Certification FOR FURTHER INFORMATION CONTACT: modified by the installed AP/SAS, of Normal Category Rotorcraft, and Andy Shaw, Aerospace Engineer, FAA, continues to meet the applicable Society of Automotive Engineers Rotorcraft Standards Branch, Policy and regulations in effect on the date of document Aerospace Recommended Innovation Division, 10101 Hillwood application for the change to the type Practice 4761, Guidelines and Methods Pkwy., Fort Worth, TX 76177; telephone certificate. The baseline certification for Conducting the Safety Assessment (817) 222–5384; email Andy.Shaw@ basis for the unmodified Robinson Process on Civil Airborne Systems and faa.gov. Model R66 helicopter is listed in TC Equipment. SUPPLEMENTARY INFORMATION: Number R00015LA. Additionally, These special conditions require that compliance must be shown to any the AP/SAS installed on a Robinson Background applicable equivalent level of safety Model R66 helicopter meet the On June 8, 2018, Robinson applied to findings, exemptions, and special requirements to adequately address the amend type certificate (TC) Number conditions prescribed by the failure effects identified by the FHA, R00015LA to install an AP/SAS system Administrator as part of the certification and subsequently verified by the SSA, on the Robinson Model R66 helicopter. basis. within the defined design integrity The Robinson Model R66 helicopter is The Administrator has determined the requirements. a 14 CFR part 27 normal category, single applicable airworthiness regulations Failure conditions are classified turbine engine, conventional helicopter (that is, 14 CFR part 27), as they pertain according to the severity of their effects designed for civil operation. This to this amended TC, do not contain on the rotorcraft. helicopter model is capable of carrying adequate or appropriate safety standards Radio Technical Commission for up to four passengers with one pilot and for the Robinson Model R66 helicopter Aeronautics, Inc. (RTCA) Document has a maximum gross weight of up to because of a novel or unusual design DO–178C, Software Considerations in 2,700 pounds, depending on the model feature. Therefore, special conditions Airborne Systems and Equipment configuration. The major design features are prescribed under § 21.16. Certification, provides software design include a 2-blade main rotor, an anti- In addition to the applicable assurance levels most commonly used torque tail rotor system, a skid landing airworthiness regulations and special for the major, hazardous/severe-major, gear, and a visual flight rule basic conditions, Robinson must show and catastrophic failure condition avionics configuration. Robinson compliance of the AP/SAS amended TC categories. The AP/SAS system proposes to modify this model altered model R66 helicopter with the equipment must be qualified for the helicopter by installing an AP/SAS noise certification requirements of 14 expected installation environment. The system. CFR part 36. test procedures prescribed in RTCA The AP/SAS system provides attitude The FAA issues special conditions, as Document DO–160G, Environmental stabilization in two or three axes (pitch defined in § 11.19, in accordance with Conditions and Test Procedures for

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Airborne Equipment, are recognized by Conclusion DEPARTMENT OF TRANSPORTATION the FAA as acceptable methodologies This action affects only certain novel Federal Aviation Administration for finding compliance with the or unusual design features for an AP/ environmental requirements. Equivalent SAS amended TC installed on one 14 CFR Part 39 environment test standards may also be model helicopter. It is not a rule of acceptable. Environmental qualification general applicability and affects only [Docket No. FAA–2019–0894; Product provides data to show that the AP/SAS the applicant who applied to the FAA Identifier 2019–NE–32–AD; Amendment 39– system can perform its intended for approval of these features. 19798; AD 2019–21–51] function under the expected operating condition. Some of the main List of Subjects in 14 CFR Part 27 RIN 2120–AA64 considerations for environmental Aircraft, Aviation safety, Reporting Airworthiness Directives; General concerns are installation locations and and recordkeeping requirements. Electric Company Turbofan Engines the resulting exposure to environmental The authority citation for these conditions for the AP/SAS system special conditions is as follows: AGENCY: Federal Aviation equipment, including considerations for Administration (FAA), DOT. other equipment that may also be Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. ACTION: Final rule; request for affected environmentally by the AP/SAS comments. equipment installation. The level of The Special Conditions SUMMARY: environmental qualification must be Accordingly, the Federal Aviation The FAA is adopting a new related to the severity of the considered Administration (FAA) issues the airworthiness directive (AD) for certain failure conditions and effects on the following special conditions as part of General Electric Company (GE) GE90– rotorcraft. the amended type certification basis for 115B model turbofan engines. Emergency AD 2019–21–51 was sent Discussion of Comments installation of the autopilot and stability augmentation system (AP/SAS) on previously to all known operators of the Notice of proposed special conditions Robinson Model R66 helicopters. GE GE90–115B model turbofan engines No. 27–046–SC for the Robinson Model Instead of the requirements of 14 CFR with certain engine serial numbers. This R66 helicopter was published in the 27.1309(b) and (c), the following must AD requires the removal from service of Federal Register on June 26, 2019 (84 be met for certification of the AP/SAS the Interstage Seal, part number FR 30050). Comments were received system installed on Robinson Model 2505M72P01, from the affected engines. from two commenters. The commenters R66 helicopters: This AD was prompted by a recent stated that special conditions previously a. The equipment and systems must event involving an uncontained high- issued for an AP/SAS system on a be designed and installed so that any pressure turbine (HPT) failure, resulting different model helicopter were more equipment and systems do not in an aborted takeoff and debris aligned with rulemaking whereas this adversely affect the safety of the penetrating the airplane’s fuselage and special condition text seemed more rotorcraft or its occupants. the other engine. The FAA is issuing appropriate for guidance material. The b. The rotorcraft systems and this AD to address the unsafe condition commenters requested the FAA change associated components considered on these products. the proposed special conditions to be separately and in relation to others DATES: This AD is effective December 6, consistent with those previously issued systems, must be designed and installed 2019 to all persons except those persons for the same type of equipment. The so that: to whom it was made immediately FAA agrees that an effort should be (1) The occurrence of any catastrophic effective by Emergency AD 2019–21–51, made to maintain consistency and has failure condition is extremely issued on October 23, 2019, which revised the proposed special conditions improbable; contained the requirements of this to align with previously issued special (2) The occurrence of any hazardous amendment. conditions. failure condition is extremely remote; The FAA must receive comments on and this AD by January 6, 2020. The commenters also noted the (3) The occurrence of any major Discussion section of the proposed ADDRESSES: You may send comments, failure condition is remote. using the procedures found in 14 CFR special conditions contains references to c. Information concerning an unsafe 11.43 and 11.45, by any of the following specific revisions of RTCA Document system operating condition must be methods: DO–178 and RTCA Document DO–160G provided in a timely manner to the crew • and requested these references to Federal eRulemaking Portal: Go to to enable them to take appropriate https://www.regulations.gov. Follow the specific revisions be removed. The FAA corrective action. An appropriate alert disagrees, however an applicant may instructions for submitting comments. must be provided if immediate pilot • Fax: 202–493–2251. request to use a later approved revision awareness and immediate or subsequent • to these documents if the applicant Mail: U.S. Department of corrective action is required. Systems Transportation, Docket Operations, shows the later revision meets the safety and controls, including indications and level intended by the special condition. M–30, West Building Ground Floor, annunciations, must be designed to Room W12–140, 1200 New Jersey Except for the changes previously minimize crew errors which could Avenue SE, Washington, DC 20590. discussed, these special conditions are create additional hazards. • Hand Delivery: Deliver to Mail adopted as proposed. Issued in Fort Worth, Texas, on November address above between 9 a.m. and 5 Applicability 13, 2019. p.m., Monday through Friday, except Jorge Castillo, Federal holidays. These special conditions are Manager, Rotorcraft Standards Branch, Policy For service information identified in applicable to the AP/SAS installed as an and Innovation Division, Aircraft this final rule, contact General Electric amended TC approval in Robinson Certification Service. Company, GE Aviation, 1 Neumann Model R66 helicopter, TC Number [FR Doc. 2019–25292 Filed 11–20–19; 8:45 am] Way, Cincinnati, OH 45125; phone: R00015LA. BILLING CODE 4910–13–P 877–432–3272; fax: 877–432–3329;

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email: [email protected]. condition, if not addressed, could result public comment are impracticable and You may view this service information in uncontained HPT failure, release of unnecessary. In addition, for the reason at the FAA, Engine and Propeller high-energy debris, damage to the stated above, the FAA finds that good Standards Branch, 1200 District engine, damage to the airplane, and loss cause exists for making this amendment Avenue, Burlington, MA, 01803. For of the airplane. effective in less than 30 days. information on the availability of this material at the FAA, call 781–238–7759. Related Service Information Comments Invited It is also available on the internet at The FAA reviewed GE Alert Service This AD is a final rule that involves https://www.regulations.gov by Bulletin GE90–100 S/B 72–A0826, dated requirements affecting flight safety and searching for and locating Docket No. October 23, 2019. The service was not preceded by notice and an FAA–2019–0894. information describes procedures for the opportunity for public comment. removal of the Interstage Seal from Examining the AD Docket However, the FAA invites you to send affected GE GE90–115B model turbofan any written data, views, or arguments You may examine the AD docket on engines. about this final rule. Send your the internet at https:// FAA’s Determination comments to an address listed under the www.regulations.gov by searching for ADDRESSES section. Include the docket and locating Docket No. FAA–2019– The FAA is issuing this AD because number FAA–2019–0894 and Product 0894; or in person at Docket Operations it evaluated all the relevant information Identifier 2019–NE–32–AD at the between 9 a.m. and 5 p.m., Monday and determined the unsafe condition beginning of your comments. The FAA through Friday, except Federal holidays. described previously is likely to exist or specifically invites comments on the The AD docket contains this final rule, develop in other products of the same overall regulatory, economic, the regulatory evaluation, any type design. environmental, and energy aspects of comments received, and other AD Requirements this final rule. The FAA will consider information. The street address for all comments received by the closing Docket Operations is listed above. This AD requires the removal from date and may amend this final rule Comments will be available in the AD service of the Interstage Seal, part because of those comments. docket shortly after receipt. number 2505M72P01, from the affected The FAA will post all comments FOR FURTHER INFORMATION CONTACT: engines. received, without change, to https:// Herman Mak, Aerospace Engineer, ECO FAA’s Justification and Determination www.regulations.gov, including any Branch, FAA, 1200 District Avenue, of the Effective Date personal information you provide. The Burlington, MA 01803; phone: 781– FAA will also post a report 238–7147; fax: 781–238–7199; Email: An unsafe condition exists that [email protected]. requires the immediate adoption of summarizing each substantive verbal contact received about this final rule. SUPPLEMENTARY INFORMATION: Emergency AD 2019–21–51, issued on October 23, 2019, to all known U.S. Regulatory Flexibility Act Discussion owners and operators of certain GE On October 23, 2019, the FAA issued GE90–115B model turbofan engines. The requirements of the Regulatory Emergency AD 2019–21–51, which The FAA found that the risk to the Flexibility Act (RFA) do not apply when requires the removal from service of the flying public justifies waiving notice an agency finds good cause pursuant to GE GE90–115B model turbofan engine and comment prior to adoption of this 5 U.S.C. 553 to adopt a rule without Interstage Seal, part number rule because the Interstage Seal must be prior notice and comment. Because FAA 2505M72P01, from the affected engines. removed within 25 flight cycles from has determined that it has good cause to That emergency AD was sent previously the effective date of this AD. adopt this rule without notice and to all known operators of GE GE90– Additionally, no domestic operators use comment, RFA analysis is not required. 115B model turbofan engines with the affected engines. The AD is hereby Costs of Compliance certain engine serial numbers. This published in the Federal Register as an action was prompted by a recent event amendment to section 39.13 of the The FAA estimates that this AD involving an uncontained HPT failure, Federal Aviation Regulations (14 CFR affects zero engines installed on that resulted in an aborted takeoff, 39.13) to make it effective to all persons. airplanes of U.S. registry. debris penetrating the airplane’s Therefore, the FAA finds good cause The FAA estimates the following fuselage and the other engine. This that notice and opportunity for prior costs to comply with this AD:

ESTIMATED COSTS

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

Remove the Interstage Seal ...... 100 work-hours × $85 per hour = $8,500 ...... $509,600 $518,100 $0

Authority for This Rulemaking The FAA is issuing this rulemaking necessary for safety in air commerce. Title 49 of the United States Code under the authority described in This regulation is within the scope of specifies the FAA’s authority to issue Subtitle VII, Part A, Subpart III, Section that authority because it addresses an rules on aviation safety. Subtitle I, 44701: ‘‘General requirements.’’ Under unsafe condition that is likely to exist or section 106, describes the authority of that section, Congress charges the FAA develop on products identified in this the FAA Administrator. Subtitle VII: with promoting safe flight of civil rulemaking action. Aviation Programs describes in more aircraft in air commerce by prescribing This AD is issued in accordance with detail the scope of the Agency’s regulations for practices, methods, and authority delegated by the Executive authority. procedures the Administrator finds Director, Aircraft Certification Service,

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as authorized by FAA Order 8000.51C. engines with engine serial numbers 907451, DEPARTMENT OF LABOR In accordance with that order, issuance 907464, 907504, 907564, 907574, 907599, of ADs is normally a function of the 907601, and 907618. Office of Workers’ Compensation Compliance and Airworthiness (d) Subject Programs Division, but during this transition Joint Aircraft System Component (JASC) period, the Executive Director has Code 7250, Turbine Section. 20 CFR Part 725 delegated the authority to issue ADs RIN 1240–AA11 applicable to engines, propellers, and (e) Unsafe Condition associated appliances to the Manager, This AD was prompted by a recent event Black Lung Benefits Act: Medical Engine and Propeller Standards Branch, involving an uncontained high-pressure turbine (HPT) failure, resulting in an aborted Benefit Payments Policy and Innovation Division. takeoff, debris penetrating the aircraft’s AGENCY: Office of Workers’ Regulatory Findings fuselage and the other engine. The FAA is Compensation Programs, Labor. issuing this AD to prevent failure of the HPT. This AD will not have federalism The unsafe condition, if not addressed, could ACTION: Final rule; delay of applicability implications under Executive Order result in uncontained HPT failure, release of date. 13132. This AD will not have a high-energy debris, damage to the engine, substantial direct effect on the States, on damage to the airplane, and loss of the SUMMARY: The Office of Workers’ the relationship between the national airplane. Compensation Programs (OWCP) has government and the States, or on the (f) Compliance encountered unforeseen delays in distribution of power and implementing a new computer system Comply with this AD within the to process payments for professional responsibilities among the various compliance times specified, unless already levels of government. done. medical and hospital outpatient services For the reasons discussed above, the made by the Black Lung Disability Trust FAA certifies that this AD: (g) Required Action Fund (Trust Fund) under the Black (1) Is not a ‘‘significant regulatory Within 25 flight cycles after the effective Lung Benefits Act (BLBA). This action action’’ under Executive Order 12866, date of this AD, remove from service the delays the applicability date of two and Interstage Seal, part number 2505M72P01 rules relevant to these payments, which (2) Will not affect intrastate aviation with serial numbers GWN0TCL3, NCE062LD, were published in the Federal Register in Alaska. NCE254LC, NCE314KU, NCE374LB, on June 14, 2018. NCE527KT, NCE777LD, or NCE994KW. List of Subjects in 14 CFR Part 39 Note 1 to paragraph (g): GE Alert Service DATES: Bulletin GE90–100 S/B 72–A0826, dated Effective date: This rule is effective Air transportation, Aircraft, Aviation November 21, 2019. safety, Incorporation by reference, October 23, 2019, contains guidance for replacing the Interstage Seal. Applicability date: The applicability Safety. date for 20 CFR 725.708(a) and (b) and Adoption of the Amendment (h) Alternative Methods of Compliance 725.710 is delayed from November 30, (AMOCs) 2019 to April 26, 2020. Accordingly, under the authority (1) The Manager, ECO Branch, FAA, has FOR FURTHER INFORMATION CONTACT: delegated to me by the Administrator, the authority to approve AMOCs for this AD, the FAA amends 14 CFR part 39 as if requested using the procedures found in 14 Michael A. Chance, Director, Division of follows: CFR 39.19. In accordance with 14 CFR 39.19, Coal Mine Workers’ Compensation, send your request to your principal inspector Office of Workers’ Compensation PART 39—AIRWORTHINESS or local Flight Standards District Office, as Programs, U.S. Department of Labor, DIRECTIVES appropriate. If sending information directly 200 Constitution Avenue NW, Suite N– to the manager of the certification office, 3520, Washington, DC 20210. ■ 1. The authority citation for part 39 send it to the attention of the person Telephone: 1–800–347–2502. This is a continues to read as follows: identified in paragraph (i) of this AD. You toll-free number. TTY/TDD callers may may email your request to ANE-AD-AMOC@ Authority: 49 U.S.C. 106(g), 40113, 44701. dial toll-free 1–800–877–8339 for faa.gov. further information. § 39.13 [Amended] (2) Before using any approved AMOC, notify your appropriate principal inspector, SUPPLEMENTARY INFORMATION: The Trust ■ 2. The FAA amends § 39.13 by adding or lacking a principal inspector, the manager Fund pays for covered medical services the following new airworthiness of the local flight standards district office/ and treatments provided to certain directive (AD): certificate holding district office. miners who are entitled to BLBA 2019–21–51 General Electric Company: (i) Related Information disability benefits. See generally 33 Amendment 39–19798; Docket No. For more information about this AD, U.S.C. 907, as incorporated by 30 U.S.C. FAA–2019–0894; Product Identifier contact Herman Mak, Aerospace Engineer, 932(a); 83 FR 27690 (June 14, 2018). On 2019–NE–32–AD. ECO Branch, FAA, 1200 District Avenue, June 14, 2018, OWCP published a final (a) Effective Date Burlington, MA 01803; phone: 781–238– rule revising its regulations governing 7147; fax: 781–238–7199; Email: This AD is effective December 6, 2019 to the payment of medical benefits by the [email protected]. all persons except those persons to whom it Trust Fund. 83 FR 27690–27699. The was made immediately effective by (j) Material Incorporated by Reference revised rules adopt payment formulas that accurately reflect prevailing Emergency AD 2019–21–51, issued on None. October 23, 2019, which contained the community rates for authorized requirements of this amendment. Issued in Burlington, Massachusetts, on treatments and services. November 14, 2019. (b) Affected ADs While the revised regulations became Robert J. Ganley, effective on August 31, 2018, 83 FR None. Manager, Engine and Propeller Standards 27690, the Department set a separate (c) Applicability Branch, Aircraft Certification Service. applicability date for the rules This AD applies to all General Electric [FR Doc. 2019–25129 Filed 11–20–19; 8:45 am] governing payments for professional Company (GE) GE90–115B model turbofan BILLING CODE 4910–13–P medical and outpatient services. Id.; see

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also 20 CFR 725.708(c) and 725.710(d). upon Federal Register publication. As 15 FR 3174; 30 U.S.C. 901 et seq., 902(f), 921, In adopting this approach, the already noted, OWCP does not have the 932, 936; 33 U.S.C. 901 et seq.; 42 U.S.C. 405; Department explained that payment of capacity to manually process the Secretary’s Order 10–2009, 74 FR 58834. these bills ‘‘would require extensive volume of bills it receives for § 725.708 [Amended] modifications to the existing computer professional and outpatient medical processes for full implementation. The services. Thus, delaying the rule’s ■ 2. In § 725.708, amend paragraph (c) Department is currently transitioning to application is a necessity: Without the by removing the date ‘‘November 30, a new computer system and will realize delay, OWCP would no longer be able 2019’’ and adding in its place ‘‘April 26, cost-savings by building the new to promptly pay medical professionals 2020’’. payment methodologies into that system and hospitals who provide treatment § 725.710 [Amended] rather than modifying the existing one.’’ services to totally disabled coal miners. 83 FR 27691. That result is contrary to the interests of ■ 3. In § 725.710, amend paragraph (d) The Department has been diligently miners and medical providers alike. by removing the date ‘‘November 30, working toward developing and Delaying the rules’ application also does 2019’’ and adding in its place ‘‘April 26, deploying a new computer system to not impose any additional procedural 2020’’. implement the new payment formulas burdens on the treatment providers. Julia K. Hearthway, but has encountered unforeseen delays. They will continue to seek payment in Director, Office of Workers’ Compensation While many of the issues causing these the same manner they do now no matter Programs. delays have been resolved, OWCP when the rules become applicable. See [FR Doc. 2019–25282 Filed 11–18–19; 4:15 pm] cannot complete development of the generally 20 CFR 725.714 and 725.715. BILLING CODE 4510–CR–P new computer system without shifting Finally, neither medical professionals significant resources from other critical nor outpatient services providers will be workloads in time to process harmed economically by the delay in DEPARTMENT OF JUSTICE professional and outpatient bills by the any significant way. The Department current November 30, 2019 applicability summarized its economic impact 28 CFR Part 16 date. As an alternative, OWCP analysis of the new payment formulas in considered, but rejected, manually its notice of proposed rulemaking. 82 FR [CPCLO Order No. 11–2019] processing these bills in the interim. 739, 745–765 (Jan. 4, 2017). The Based on black lung program data from Department compared payments it Privacy Act of 1974; Implementation FY 2015 through FY 2017, OWCP actually made from the Trust Fund in AGENCY: Executive Office for estimates it receives an average of FY 2014 with payments it would have Immigration Review, United States approximately 69,000 requests annually made if the new payment formulas in Department of Justice. for payment of professional medical the proposed (and eventually final) ACTION: Final rule. services alone. OWCP does not have the rules applied. For both medical staff necessary to manually process this professionals and outpatient services, SUMMARY: The Executive Office for volume of bills. Thus, without an total annual Trust Fund payments Immigration Review (EOIR), a adequate computer system, it would be decreased, in the aggregate, under the component within the United States impractical for OWCP to timely process new payment formulas: $8,493 for Department of Justice (DOJ or and pay professional and outpatient professionals and $1,719,543 for Department), is finalizing without bills due to the volume. As a result, the outpatient services. 82 FR 746–748. changes its Privacy Act exemption Department is delaying the applicability Thus, delaying application of the new regulations for the system of records date of the rules governing payment of payment formulas will not, in the titled, Office of the Chief Administrative these bills until April 26, 2020, the day aggregate, harm the providers of either Hearing Officer (OCAHO) Case before the new computer system is now professional or outpatient services. Management System (CMS), JUSTICE/ scheduled to become operational. EOIR–002, which were published as a List of Subjects in 20 CFR Part 725 The Department’s implementation of Notice of Proposed Rulemaking (NPRM) this action without opportunity for Administrative practice and on August 16, 2019. Specifically, the public comment, effective immediately procedure, Black lung benefits, Claims, Department’s regulations will exempt upon publication, is based on the good Coal miners’ entitlement to benefits, the records maintained in JUSTICE/ cause exceptions in the Administrative Health care, Reporting and EOIR–002 from one or more provisions Procedure Act, 5 U.S.C. 553(b)(B) and recordkeeping requirements, Survivors’ of the Privacy Act. The exemptions are 553(d)(3). Section 553(b)(B) provides entitlement to benefits, Total disability necessary to ensure the integrity of that an agency may issue a rule without due to pneumoconiosis, Vocational investigatory and adjudicatory records notice and comment when the agency rehabilitation, Workers’ compensation. in cases before OCAHO. The for ‘‘good cause’’ finds ‘‘that notice and For the reasons set forth in the Department received two comments and public procedure thereon are preamble, the Department of Labor impracticable, unnecessary, or contrary neither comments were substantive. amends 20 CFR part 725 as follows: to the public interest.’’ Section 553(d) DATES: This final rule is effective December 23, 2019. provides that final rules may not PART 725—CLAIMS FOR BENEFITS become effective less than thirty days UNDER PART C OF TITLE IV OF THE FOR FURTHER INFORMATION CONTACT: after publication in the Federal Register FEDERAL MINE SAFETY AND HEALTH Michelle Curry, Associate General ‘‘except . . . as otherwise provided by ACT, AS AMENDED Counsel and Senior Component Official the agency for good cause,’’ among other for Privacy, Office of the General exceptions. ■ 1. The authority citation for part 725 Counsel, Executive Office for Under these standards, the continues to read as follows: Immigration Review, 5107 Leesburg Department has determined that there is Authority: 5 U.S.C. 301; 28 U.S.C. 2461 Pike, Suite 2600, Falls Church, VA good cause for making this rule final note (Federal Civil Penalties Inflation 22041, by email at michelle.curry@ without notice and comment Adjustment Act of 1990); Pub. L. 114–74 at usdoj.gov, or by facsimile at 703–305– procedures, and effective immediately sec. 701; Reorganization Plan No. 6 of 1950, 0443.

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SUPPLEMENTARY INFORMATION: internal agency databases, and similar U.S.C. 553. The exemptions claimed by records. These exhibits or attachments the system, as detailed below, do not Background then become part of OCAHO’s official raise novel legal or policy issues, nor do EOIR created a new system of records case record. they adversely affect the economy, the subject to the Privacy Act of 1974, 5 To improve tracking and storage of budgetary impact of entitlements, U.S.C. 552a. The system of records will case-related information and grants, user fees, loan programs, or the be used by OCAHO to facilitate documents, OCAHO is implementing a rights and obligations of recipients adjudication of its cases and may new electronic case management system thereof in a material way. The include paper and electronic files (CMS). The OCAHO CMS will manage Department of Justice has determined maintained by OCAHO. The records to the entire life cycle of OCAHO’s case that this rule is not a ‘‘significant be maintained in this new system processes, including tracking and regulatory action’’ under Executive historically have been included as part managing case information and Order 12866, section 3(f), and of EOIR–001, Records and Management documents, facilitating case research, accordingly this rule has not been Information System. They are being and reporting on key business functions reviewed by the Office of Information transferred into this new system to and metrics. The OCAHO CMS will also and Regulatory Affairs within the Office improve efficiency, improve records include an electronic filing capability, of Management and Budget. management practices, and provide which will enable parties to submit case better access for parties to proceedings. information and documents Regulatory Flexibility Act OCAHO Administrative Law Judges electronically through a secure web- This regulation will only impact (ALJs) hear cases and adjudicate issues based portal. The portal will also Privacy Act-protected records, which arising under the provisions of the provide notifications and updates on are personal and generally do not apply Immigration and Nationality Act (INA) case status, and will allow authorized to an individual’s entrepreneurial relating to: (1) Knowingly hiring, parties to access copies of all case- capacity, subject to limited exceptions. recruiting or referring for a fee, or related documents electronically. The Accordingly, the Chief Privacy and Civil continuing to employ unauthorized system is segregated by ‘‘need to know’’ Liberties Officer, in accordance with the aliens, failure to comply with user controls and allows authorized Regulatory Flexibility Act (5 U.S.C. employment eligibility verification users to track various stages of the 605(b)), has reviewed this regulation requirements, and requiring indemnity proceedings. The system also contains bonds from employees in violation of and by approving it certifies that this templates to generate letters, notices, regulation will not have a significant section 274A of the INA (8 U.S.C. and decisions used in the OCAHO 1324a), (2) immigration-related unfair economic impact on a substantial process. The system can generate number of small entities. employment practices in violation of reports by case status and disposition. section 274B of the INA (8 U.S.C. Congressional Review Act 1324b), and (3) immigration-related Response to Public Comments document fraud in violation of section In its OCAHO CMS NPRM and Notice This rule is not a major rule as 274C of the INA (8 U.S.C. 1324c). of a New System of Records, published defined by 5 U.S.C. 804 of the Complaints under sections 274A and on August 16, 2019, the Department Congressional Review Act. 274C of the INA are filed by the U.S. invited public comment (84 FR 41940 Paperwork Reduction Act Department of Homeland Security and 84 FR 42016). The comment periods (DHS), Immigration and Customs for both notices closed on September 16, The Paperwork Reduction Act of Enforcement (ICE). Complaints under 2019. The Department received two 1995, 44 U.S.C. 3507(d), requires the section 274B of the INA may be filed by comments from individuals. The Department to consider the impact of private individuals or entities, or by the Department has closely reviewed and paperwork and other information U.S. Department of Justice, Civil Rights considered these comments. Both collection burdens imposed on the Division, Immigrant and Employee comments received were concerned public. The Paperwork Reduction Act Rights Section (DOJ/CRT). The with the general appropriateness of applies to some of the records collected respondents in OCAHO cases are exempting records from certain as part of this system of records. The typically businesses or employers. The provisions of the Privacy Act, including following approved information parties to 274A and 274C cases may the provision for individual access to collection is associated with this system seek administrative review of ALJ records under the Act. Congress of records: Form EOIR–58, Unfair decisions and orders by the Chief recognized the need for exemptions to Immigration-Related Employment Administrative Hearing Officer (CAHO). these provisions of the Privacy Act to Practices Complaint Form, and OMB Parties in all case types may appeal final ensure the integrity of investigatory and #1125–0016. This system of records will agency orders to the appropriate United adjudicatory records. As noted in the also collect information via a web-based States Circuit Court of Appeals. NPRM, the exemptions taken here apply electronic filing portal. The Department In order to process and adjudicate in ‘‘limited circumstances,’’ only to the is in the process of seeking approval of cases and appeals, OCAHO must collect extent information in this system comes this information collection under the certain information and documents from within the scope of 5 U.S.C. 552a(k)(1) Paperwork Reduction Act. and about complainants and and (2). Unfunded Mandates Reform Act of 1995 respondents. The DOJ/CRT and DHS ICE can file complaints with OCAHO. Executive Orders 12866, 13563, 13771— This regulation will not result in the Often, these agencies will submit Regulatory Review expenditure by State, local and tribal investigatory records as exhibits or In accordance with 5 U.S.C. 552a(j) governments, in the aggregate, or by the attachments to other filings. The and 552a(k), this action is subject to private sector, of $100,000,000, as investigatory records include, but are rulemaking procedures, which give adjusted for inflation, or more in any not limited to, notices of inspection, interested persons an opportunity to one year; and it will not significantly or summaries of inspection results, participate in the rulemaking process uniquely affect small governments. affidavits or memoranda from ‘‘through submission of written data, Therefore, no actions were deemed investigators, results from searches of views, or arguments,’’ pursuant to 5 necessary under the provisions of the

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Unfunded Mandates Reform Act of sensitive or confidential business and Regulatory Division, Washington, 1995. information or information that would DC at 202–761–4922. constitute an unwarranted invasion of List of Subjects in 28 CFR Part 16 SUPPLEMENTARY INFORMATION: The the personal privacy of third parties. proposed rule was published in the May Administrative practices and (2) From subsections (d)(2), (3), and 23, 2018, edition of the Federal Register procedures, Courts, Freedom of (4) because the administrative case files (83 FR 23864) and the regulations.gov information, Privacy Act. constitute an official record which docket number was COE–2017–0011. In Pursuant to the authority vested in the includes transcripts of administrative response to the proposed rule, three Attorney General by 5 U.S.C. 552a and proceedings, investigatory materials, comments were received. One delegated to me by Attorney General evidentiary materials such as exhibits, commenter stated that additional Order 2940–2008, the Department of decisional memoranda, and other case- clarification was needed regarding the Justice amends 28 CFR part 16 as related papers. Administrative due proposed areas coordinates because as follows: process could not be achieved by the ex written it is unclear what the intended parte ‘‘correction’’ of such materials by extent of the areas should be, therefore, PART 16—PRODUCTION OR the individual who is the subject the applicant provided corrected DISCLOSURE OF MATERIAL OR thereof. coordinates and modified the rule text INFORMATION Dated: November 14, 2019. to address the charting concerns. ■ 1. The authority citation for part 16 Peter A. Winn, Another commenter stated that they are not in opposition to the proposal, continues to read as follows: Acting Chief Privacy and Civil Liberties Officer, United States Department of Justice. however, they believe that an Authority: 5 U.S.C. 301, 552, 552a, 553; 28 Environmental Impact Statement (EIS) U.S.C. 509, 510, 534; 31 U.S.C. 3717. [FR Doc. 2019–25080 Filed 11–20–19; 8:45 am] should be provided to the public prior ■ 2. Amend § 16.83 by adding BILLING CODE 4410–30–P to the comment period closing. The paragraphs (e) and (f) to read as follows: preliminary review prior to publishing the proposed rule for comment § 16.83 Exemption of the Executive Office DEPARTMENT OF DEFENSE for Immigration Review System—limited determined that an EIS was not warranted for the proposed rule and no access. Department of the Army, Corps of additional information was identified * * * * * Engineers (e) The following system of records is during review warranting a change to this finding. exempt from 5 U.S.C. 552a(d): Office of 33 CFR Part 334 the Chief Administrative Hearing One commenter stated that they fully Officer (OCAHO) Case Management [COE–2017–0011] support the proposed restricted areas System (CMS) (JUSTICE/EOIR–002). and danger zones, and no further James River, Skiffes Creek, and This exemption applies only to the evaluation was warranted. Warwick River Surrounding Joint Base In response to a request by the United extent that information in the system is Langley-Eustis (JBLE-Eustis), Virginia; States Air Force, and pursuant to its subject to exemption pursuant to 5 Restricted Areas and Danger Zones authorities in Section 7 of the Rivers U.S.C. 552a(k)(1) and (2). and Harbors Act of 1917 (40 Stat. 266; (f) Exemption from 5 U.S.C. 552a(d) is AGENCY: United States Army Corps of justified for the system of records in 33 U.S.C. 1) and Chapter XIX of the Engineers, Department of Defense. Army Appropriations Act of 1919 (40 paragraph (e) of this section for the ACTION: Final rule. following reasons: Stat. 892; 33 U.S.C. 3), the Corps of Engineers is amending 33 CFR 334.280 (1) In limited circumstances, from SUMMARY: The Corps of Engineers is to establish permanent restricted areas subsection (d) when access to the establishing restricted areas and danger and danger zones, in the waters of the records contained in the system of zones in the waters of the James River, James River, Skiffes Creek, and Warwick records in paragraph (e) of this section Skiffes Creek and Warwick River in River in Newport News, Virginia. The could inform the subject of an ongoing Newport News, Virginia. JBLE-Eustis permanent restricted areas and the investigation of an actual or potential contains a military port, berthing danger zones are necessary to protect criminal, civil, or regulatory violation or numerous Army vessels, and conducts the public from hazards associated with the existence of that investigation; of the exercises to include small craft testing training and mission operations, and to nature and scope of the information and and live fire training activities. The fulfill the current security needs of the evidence obtained as to the subject’s amendment is necessary to protect the Department of the Air Force to protect activities; of the identity of confidential public from hazards associated with government assets, missions, and the sources, witnesses, and law enforcement training and mission operations, and to base population in general at the personnel; and of information that may protect government assets, missions, facility. enable the subject to avoid detection or and the base population in general. The apprehension. These factors would amendment increases the restricted Procedural Requirements present a serious impediment to areas and creates danger zones a. Regulatory Planning and Review effective law and regulatory surrounding the existing installation enforcement where they prevent the and firing ranges. Executive Orders 12866 and 13563 successful completion of the DATES: Effective date: December 23, direct agencies to assess the costs and investigation, endanger the physical 2019. benefits of available regulatory safety of confidential sources, witnesses, alternatives and, if regulation is and law enforcement personnel; and/or ADDRESSES: U.S. Army Corps of necessary, to select regulatory lead to the improper influencing of Engineers, Attn: CECW–CO (David approaches that maximize net benefits. witnesses, the destruction of evidence, Olson), 441 G Street NW, Washington, Executive Order 13771 directs agencies or the fabrication of testimony. In DC 20314–1000. to control regulatory costs through a addition, granting access to such FOR FURTHER INFORMATION CONTACT: Mr. budgeting process. For the reasons information could disclose security- David Olson, Headquarters, Operations stated below, this final rule is not a

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‘‘significant regulatory action’’ under anticipated navigational hazard or PART 334—DANGER ZONE AND Executive Order 12866. Accordingly, interference with existing waterway RESTRICTED AREA REGULATIONS this final rule has not been reviewed by traffic. After considering the economic the Office of Management and Budget impacts of this restricted area and ■ 1. The authority citation for 33 CFR (OMB), and pursuant to OMB guidance danger zone regulation on small entities, part 334 continues to read as follows: it is exempt from the requirements of I certify that this action will not have a Authority: 40 Stat. 266 (33 U.S.C. 1) and Executive Order 13771. significant impact on a substantial 40 Stat. 892 (33 U.S.C. 3). The Corps determined this final rule number of small entities. is not a significant regulatory action. ■ 2. Revise § 334.280 to read as follows: This regulatory action determination is c. Review Under the National § 334.280 James River, Skiffes Creek and based on the rules governing the Environmental Policy Act Warwick River surrounding Joint Base restricted areas, which allow any vessel Langley-Eustis, Virginia; restricted areas that needs to transit the restricted areas Due to the administrative nature of and danger zones. and danger zones to do so if the operator this action and because there is no (a) The areas. The datum for the of the vessel obtains permission from intended change in the use of the area, coordinates for the restricted areas and Commander, JBLE-Eustis, and/or other the Corps has determined that this danger zones described in this section is persons or agencies as he/she may regulation will not have a significant NAD–83. designate. impact to the quality of the human (1) Army Training and Small Craft b. Impact on Small Entities environment and, therefore, preparation Testing Area (restricted area). Beginning of an environmental impact statement is ° ′ ″ The Regulatory Flexibility Act of on the shore at latitude 37 09 53 N, not required. An environmental longitude 76°36′23″ W; thence westerly 1980, 5 U.S.C. 601–612, as amended, assessment has been prepared. It may be ° ′ ″ requires Federal agencies to consider to latitude 37 09 53 N, longitude reviewed at the District office listed at ° ′ ″ the potential impact of regulations on 76 36 59 W; thence westerly to latitude the end of the FOR FURTHER INFORMATION 37°09′50″ N, longitude 76°37′45″ W; small entities during rulemaking. The ° ′ ″ term ‘‘small entities’’ comprises small CONTACT section, above. thence southerly to latitude 37 09 00 N, longitude 76°38′05″ W; thence southerly businesses, not-for-profit organizations d. Unfunded Mandates Act to latitude 37°08′22″ N, longitude that are independently owned and ° ′ ″ This rule does not impose an 76 37 55 W; thence due east to the operated and are not dominant in their ° ′ ″ enforceable duty among the private shore at latitude 37 08 22 N, longitude fields, and governmental jurisdictions ° ′ ″ with populations of less than 50,000. sector and, therefore, it is not a Federal 76 37 20 W; thence northerly following The Corps certifies under 5 U.S.C. private sector mandate and it is not the shoreline to the point of beginning. 605(b) that this rule would not have a subject to the requirements of either (2) 3rd Port Facility (restricted area). significant economic impact on a Section 202 or Section 205 of the An area surrounding the 3rd Port facility, Fort Eustis, beginning at a point substantial number of small entities. Unfunded Mandates Act. We have also on the shoreline at latitude 37°09′53″ N, While some owners or operators of found under Section 203 of the Act, that vessels that intend to transit the longitude 76°36′23″ W; thence small governments will not be northerly, following the shoreline to restricted areas may be small entities, significantly and uniquely affected by for the reasons stated in paragraph (a) latitude 37°10′03″ N, longitude this rulemaking. above this rule would not have a 76°36′25″ W; thence northerly, significant economic impact on any e. Congressional Review Act following the shoreline to latitude vessel owner or operator. In addition, 37°10′19″ N, longitude 76°36′07″ W; the restricted areas and danger zones are The Congressional Review Act, 5 thence northerly, across the mouth of necessary to protect vessels and U.S.C. 801 et seq., generally provides Bailey’s Creek to latitude 37°10′24″ N, personnel assigned to JBLE-Eustis by that before a rule may take effect, the longitude 76°36′02″ W; thence implementing a waterside security agency promulgating the rule must northerly, following the shoreline to program. They are also necessary to submit a rule report, which includes a latitude 37°10′29″ N, longitude protect the public. Small entities can copy of the rule, to each House of the 76°36′06″ W; thence westerly, across also utilize navigable waters outside of Congress and to the Comptroller General Skiffes Creek to latitude 37°10′33″ N, the restricted areas and danger zones. of the United States. We will submit a longitude 76°36′20″ W; thence southerly Small entities that need to transit the report containing the final rule and following the shoreline to latitude ° ′ ″ ° ′ ″ restricted areas and danger zones may other required information to the U.S. 37 10 13 N, longitude 76 36 42 W; do so as long as vessel operators obtain thence southerly to latitude 37°09′53″ N, Senate, the U.S. House of ° ′ ″ permission from the Commander, JLBE- Representatives, and the Comptroller longitude 76 36 59 W; thence to the Eustis, and/or other persons or agencies General of the United States. A major point of beginning. as he/she may designate. Entities that rule cannot take effect until 60 days (3) Warwick River and any tributaries, want to conduct other activities in or creeks, estuaries, tidal areas, to include after it is published in the Federal near the restricted area may need to Butlers Gut and Jail Creek (restricted Register. This final rule is not a ‘‘major obtain other approvals from the area). All navigable waters of the United applicable Federal, state, or local rule’’ as defined by 5 U.S.C. 804(2). States as defined in 33 CFR part 329 government authority. The restricted List of Subjects in 33 CFR Part 334 within the boundaries of Fort Eustis, areas are necessary for security of JBLE- westerly of a line connecting the Eustis. The danger zones are necessary Danger zones, Marine safety, following coordinates: Commencing for protect the public from hazards Navigation (water), Restricted areas, from the shoreline at latitude 37°09′47″ associated with training and mission Waterways. N, longitude 76°33′52″ W; thence operations. The Corps expects that the following the meanders of the For the reasons set out in the economic impact of the restricted areas installation boundary along the westerly preamble, the Corps amends 33 CFR and danger zones would have mean low waterline of Warwick River, part 334 as follows: practically no impact on the public, any thence to a point on the installation

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boundary at latitude 37°04′35″ N, latitude 37°05′43″ N, longitude (ii) The passage of fishing vessels to longitude 76°33′19″ W. 76°33′13″ W; thence to a point at or from authorized traps, or the transit (4) James River and any tributaries, latitude 37°05′33″ N, longitude of commercial vessels, will be creeks, estuaries, tidal areas, to include 76°33′17″ W; thence to a point at coordinated with the 3rd Port Harbor Nells Creek, Locust Neck Creek, Dudleys latitude 37°05′13″ N, longitude Master on marine channel 12 or 68. ° ′ ″ Creek, Morrisons Creek, Morleys Gut, 76 32 53 W; thence to a point at (iii) The harvesting and cultivation of ° ′ ″ Blows Creek, and Milstead Creek latitude 37 05 03 N, longitude oyster beds or the setting of fish traps ° ′ ″ (restricted area). Navigable waters of the 76 33 09 W; thence following the within these restricted areas will be United States as defined at 33 CFR part meanders of the installation boundary allowed provided the commercial 329 within the boundaries of Fort along the southwesterly mean low fisherman coordinate access to these Eustis, north/north-easterly of a line waterline of Warwick River, thence to a areas with the 3rd Port Harbor Master ° ′ ″ connecting the following coordinates: point at latitude 37 04 52 N, longitude on marine channel 12 or 68. Commencing from the shoreline at 76°33′13″ W; thence to a point at (iv) The Commander, Joint Base latitude 37°04′35″ N, longitude latitude 37°04′49″ N, longitude Langley-Eustis will, to the extent 76°33′19″ W; thence following the 76°33′11″ W; thence to a point at possible, give public notice from time to meanders of the installation boundary latitude 37°04′43″ N, longitude time through local news media and the along the northeasterly mean low 76°33′28″ W; thence following the Coast Guard’s Local Notice to Mariners waterline of the James River, thence to meanders of the installation boundary of the schedule of intended Department a point on the installation boundary at along the southwesterly mean low of Defense use of the restricted areas. latitude 37°10′03″ N, longitude waterline of Warwick River, thence to a 76°36′25″ W at a point at the mouth of point at latitude 37°04′35″ N, longitude (2) For the restricted areas defined in Skiffes Creek. 76°33′19″ W. paragraphs (a)(3), (4), and (5) of this (5) Skiffes Creek and any tributaries, (7) Danger Zone James River. section: creeks, estuaries, tidal areas, to include Navigable waters of the United States as (i) Entry into these areas is for official Baileys Creek (restricted area). All defined at 33 CFR part 329 that government purposes only, or as navigable waters of the United States as encroach upon the boundaries of the authorized by the Commander, Joint defined at 33 CFR part 329 within the Danger Zone of Fort Eustis, north/north- Base Langley-Eustis. boundaries of Fort Eustis, easterly of a easterly of a line connecting the (ii) Entry will be coordinated and line connecting the following following coordinates: Commencing coordinates: Commencing from a point conducted in accordance with the from the installation boundary at policies and procedures established by on the installation boundary at latitude ° ′ ″ ° ′ ″ ° ′ ″ latitude 37 04 35 N, longitude the Commander, Joint Base Langley- 37 10 03 N, longitude 76 36 25 W; 76°33′19″ W; thence following the thence northerly, following the Eustis. meanders of the installation boundary shoreline to latitude 37°10′19″ N, (3) For the danger zones defined in along the easterly mean low waterline of longitude 76°36′07″ W; thence paragraphs (a)(6) and (7) of this section: James River to a point at latitude northerly, across the mouth of Bailey’s 37°04′39″ N, longitude 76°33′39″ W; (i) Persons, vessels or other craft shall Creek to latitude 37°10′24″ N, longitude thence to a point at latitude 37°04′33″ N, not enter or remain in the danger zone 76°36′02″ W; thence northerly, longitude 76°34′15″ W; thence to a point when firing is or will soon be in following the shoreline to latitude at latitude 37°04′52″ N, longitude progress unless authorized to do so by 37°10′29″ N, longitude 76°36′06″ W; 76°34′19″ W; thence to a point at the enforcing agency. thence northerly, following the latitude 37°04′52″ N, longitude meanders of the installation boundary to (ii) Advance notice of the schedule of 76°34′18″ W; thence to a point at small arms firing will be provided via a point at the centerline of an unnamed ° ′ ″ ° ′ ″ latitude 37 04 60 N, longitude the Joint Base Langley-Eustis web page. tributary at latitude 37 10 36 N, ° ′ ″ ° ′ ″ 76 34 20 W; thence to a point at (iii) All projectiles will be fired to longitude 76 36 01 W; thence ° ′ ″ latitude 37 05 19 N, longitude land within the impact area on the Fort southeasterly, following the centerline ° ′ ″ 76 34 51 W; thence to a point at Eustis peninsula. Neither the of the unnamed tributary to a point on ° ′ ″ latitude 37 05 53 N, longitude Department of the Army nor the the installation boundary at latitude ° ′ ″ ° ′ ″ ° ′ ″ 76 35 00 W; thence to a point at Department of the Air Force will be 37 10 24 N, longitude 76 35 32 W. ° ′ ″ latitude 37 06 03 N, longitude responsible for damages by such (6) Danger Zone Warwick River. ° ′ ″ Navigable waters of the United States as 76 35 08 W; thence following the projectiles to nets, traps, buoys, pots, defined at 33 CFR part 329 that meanders of the installation boundary fishpounds, stakes, or other equipment encroach upon the boundaries of the along the easterly mean low waterline of which may be located within these James River, thence to a point at latitude danger zones. Danger Zone of Fort Eustis, westerly of ° ′ ″ ° ′ ″ a line connecting the following 37 06 40 N, longitude 76 35 52 W; ° ′ ″ (c) Enforcement. The regulations of coordinates: Commencing from the thence to a point at latitude 37 06 35 N, longitude 76°36′19″ W; thence to a point this section shall be enforced by the installation boundary at latitude Commander, Joint Base Langley-Eustis, ° ′ ″ ° ′ ″ on the installation boundary at latitude 37 06 44 N, longitude 76 34 04 W; Virginia, and such agencies as the ° ′ ″ 37°06′50″ N, longitude 76°36′21″ W. thence to a point at latitude 37 06 44 N, commander may designate. longitude 76°34′02″ W; thence to a point (b) The regulations. (1) For the at latitude 37°06′35″ N, longitude restricted areas defined in paragraphs Dated: November 15, 2019. 76°33′56″ W; thence to a point at (a)(1) and (2) of this section: Thomas P. Smith, latitude 37°06′28″ N, longitude (i) All vessels will contact the 3rd Port Chief, Operations and Regulatory Division, 76°33′57″ W; thence to a point at Harbor Master on marine channel 12 or Directorate of Civil Works. latitude 37°06′15″ N, longitude 68 prior to entering or transiting these [FR Doc. 2019–25273 Filed 11–20–19; 8:45 am] 76°33′30″ W; thence to a point at restricted areas. BILLING CODE 3720–58–P

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DEPARTMENT OF DEFENSE manufacture. The CG Yard is also the budgeting process. This rule has not host command for various Coast Guard been designated a ‘‘significant Department of the Army, Corps of commands supporting local and regulatory action,’’ under Executive Engineers nationwide Coast Guard missions. Order 12866. Accordingly, this rule has The proposed rule was published in not been reviewed by the Office of 33 CFR Part 334 the November 16, 2017, edition of the Management and Budget (OMB), and Federal Register (82 FR 53438) and the pursuant to OMB guidance it is exempt Restricted Area, Curtis Creek and docket number was COE–2017–0003. In from the requirements of Executive Arundel Cove, United States Coast November 2016, the Corps’ Baltimore Order 13771. Guard Yard, Baltimore, Maryland District issued a public notice on its The Corps has determined this rule is web page soliciting comments on the not a significant regulatory action. This AGENCY: U.S. Army Corps of Engineers, proposal. The District received one regulatory action determination is based DoD. comment from an adjacent property on the size, duration, and location of the ACTION: Final rule. owner concerning the proposed location restricted area. The restricted area of the restricted area in relation to his occupies only a portion of the waterway SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending its parcel. The CG Yard was contacted by and a vessel that needs to transit the regulations to establish a restricted area the District and it was determined that restricted area may do so if the operator in the waters of Curtis Creek and incorrect coordinates in the vicinity of of the vessel obtains permission from the commenters parcel had been the Commanding Officer, U.S. Coast Arundel Cove extending offshore from initially provided. Corrected Guard Yard or his/her designated the United States Coast Guard Yard, coordinates were subsequently provided representative. In accordance with 33 Baltimore, located in Baltimore, to the District by the CG Yard. In CFR 334.3(b), the authority to prescribe Maryland. The restricted area is response, the District notified the danger zone and restricted area necessary to address the current security commenter and the coordinates were regulations must be exercised so as not and safety needs at U.S. Coast Guard amended in the rule text. In addition, to unreasonably interfere with or restrict Yard (CG Yard), Baltimore, Maryland, the CG Yard initially proposed channel the food fishing industry. The final rule including the protection of Coast Guard- markers within Curtis Creek to states that fishing, crabbing, trawling, wide military assets as the CG Yard is demarcate the restricted area. During the net-fishing, and other aquatic activities the Coast Guard’s only shipyard and establishment process, the CG Yard may also be conducted with prior largest industrial facility; performing amended the request and proposed approval from the Commanding Officer, major ship, electronics and heavy signage that would be placed along the U.S. Coast Guard Yard or his/her weapons overhaul, repair and shoreline. designated representative. Entities that manufacture. The CG Yard is also the In the November 16, 2017, proposal, want to conduct other activities in or host command for various Coast Guard the Corps made a preliminary near the restricted area may need to commands supporting local and determination that the proposed rule obtain other approvals from the nationwide Coast Guard missions. does not require the preparation of an applicable federal, state, or local DATES: Effective date: December 23, Environmental Impact Statement, and government authority. 2019. that an environmental assessment b. Impact on Small Entities. The ADDRESSES: Headquarters, U.S. Army would be prepared for the final rule. Regulatory Flexibility Act of 1980, 5 Corps of Engineers, Operations and The regulations governing the National U.S.C. 601–612, as amended, requires Regulatory Division, 441 G Street NW, Environmental Policy Act (NEPA) do Federal agencies to consider the Washington, DC 20314–1000. not require draft environmental potential impact of regulations on small assessments to be available for public entities during rulemaking. The term FOR FURTHER INFORMATION CONTACT: Mr. comment. Federal agencies are only ‘‘small entities’’ comprises small David Olson, Headquarters, Operations required to solicit public comments to businesses, not-for-profit organizations and Regulatory Division, Washington, inform decision-making. Given the that are independently owned and DC at 202–761–4922 or by email at administrative nature of the proposed operated and are not dominant in their [email protected]. rule and the substance of the comments fields, and governmental jurisdictions SUPPLEMENTARY INFORMATION: Pursuant received, we have determined that an with populations of less than 50,000. to its authorities in Section 7 of the environmental assessment is the The Corps certifies under 5 U.S.C. Rivers and Harbors Act of 1917 (40 Stat. appropriate mechanism for complying 605(b) that this rule would not have a 266; 33 U.S.C. 1) and Chapter XIX of the with NEPA requirements. Public input significant economic impact on a Army Appropriations Act of 1919 (40 on the proposed action was solicited substantial number of small entities. Stat. 892; 33 U.S.C. 3), the Corps is using Federal Register noticing and While some owners or operators of amending its regulations to establish a local public noticing. Public comments vessels that intend to transit the restricted area in the waters of Curtis received in response to the notices were restricted area may be small entities, for Creek and Arundel Cove extending documented and fully considered the reasons stated in paragraph (a) above offshore from the United States Coast during final agency decision making. this rule would not have a significant Guard Yard, Baltimore, located in economic impact on any vessel owner Baltimore, Maryland. The restricted area Administrative Requirements or operator. In addition, the restricted is necessary to address the current a. Regulatory Planning and Review. area is necessary to address the current security and safety needs at U.S. Coast Executive Orders 12866 and 13563 security needs at CG Yard, Baltimore, Guard Yard (CG Yard), Baltimore, direct agencies to assess the costs and Maryland, including the protection of Maryland, including the protection of benefits of available regulatory Coast Guard-wide military assets. Small Coast Guard-wide military assets as the alternatives and, if regulation is entities can utilize navigable waters CG Yard is the Coast Guard’s only necessary, to select regulatory outside of the restricted area. Small shipyard and largest industrial facility; approaches that maximize net benefits. entities may also transit the restricted performing major ship, electronics and Executive Order 13771 directs agencies area as long as they obtain permission heavy weapons overhaul, repair and to control regulatory costs through a from the Commanding Officer, CG Yard

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or his/her designated representative. PART 334—DANGER ZONE AND Yard or such persons or agencies he/she The Corps determined that the restricted RESTRICTED AREA REGULATIONS may designate. area would have practically no Dated: November 14, 2019. ■ 1. The authority citation for 33 CFR economic impact on the public, would Thomas P. Smith, not result in an anticipated navigational part 334 continues to read as follows: Chief, Operations and Regulatory Division, hazard, and would not cause Authority: 40 Stat. 266 (33 U.S.C. 1) and Directorate of Civil Works. interference with existing waterway 40 Stat. 892 (33 U.S.C. 3). [FR Doc. 2019–25272 Filed 11–20–19; 8:45 am] traffic. After considering the economic ■ 2. Add § 334.145 to read as follows: impacts of this restricted area regulation BILLING CODE 3720–58–P on small entities, I certify that this § 334.145 Curtis Creek and Arundel Cove, action will not have a significant impact U.S. Coast Guard Yard, Baltimore; on a substantial number of small restricted area. LIBRARY OF CONGRESS entities. (a) The area. All of the navigable waters of Curtis Creek extending Copyright Royalty Board c. Review Under the National approximately 120 meters from the Environmental Policy Act. An high-water mark of the United States 37 CFR Part 380 environmental assessment (EA) has Coast Guard facility, bounded by these been prepared. We concluded that the [Docket No. 14–CRB–0001–WR (2016–2020) coordinates (including the Arundel establishment of a restricted area at COLA 2020] Cove): Commencing from the shoreline United States Coast Guard Yard, at latitude 39°12′05.8″ N, longitude Baltimore, will not have a significant Cost of Living Adjustment to Royalty 076°34′28.4″ W; thence to latitude impact to the quality of the human Rates for Webcaster Statutory License 39°12′04.8″ N, longitude 076′34′32″ W; environment and, therefore, preparation thence to latitude 39°11′59″ N, AGENCY: Copyright Royalty Board (CRB), of an environmental impact statement is longitude 076°34′28″ W; thence to Library of Congress. not required. The final EA and Finding latitude 39°11′44.8″ N, longitude ACTION: Final rule; cost of living of No Significant Impact may be 076°34′25″ W; thence to latitude adjustment. reviewed at the Baltimore District 39°11′44.5″ N, longitude 076°34′07″ W; Office. Please contact Mr. Steve Elinsky and thence along the shoreline to the SUMMARY: The Copyright Royalty Judges at the phone number specified above for point of origin. The datum for these announce a cost of living adjustment further information. coordinates is NAD–83. (COLA) in the royalty rates that d. Unfunded Mandates Reform Act. (b) The regulations. (1) The restricted commercial and noncommercial This rule does not impose an area as described in paragraph (a) of this noninteractive webcasters pay for enforceable duty among the private section is only open to government eligible transmissions pursuant to the sector and, therefore, is not a Federal vessels. Government vessels include, statutory licenses for the public private sector mandate and is not but are not limited to, U.S. Coast Guard, performance of and for the making of subject to the requirements of Section U.S. Coast Guard Auxiliary, Department ephemeral reproductions of sound 202 or 205 of the Unfunded Mandates of Defense, National Oceanic and recordings. Reform Act (Pub. L. 104–4, 109 Stat. 48, Atmospheric Administration, state and DATES: Effective date: January 1, 2020. 2 U.S.C. 1501 et seq.). We have also local law enforcement, emergency Applicability dates: These rates are found, under Section 203 of the Act, services and vessels under contract with applicable to the period January 1, 2020, that small governments will not be the U.S. Government. Vessels transiting through December 31, 2020. significantly or uniquely affected by this the restricted area shall proceed across FOR FURTHER INFORMATION CONTACT: rule. the area by the most direct route and Anita Blaine, CRB Program Assistant, by e. Congressional Review Act. The without unnecessary delay. Fishing, crabbing, trawling, net-fishing and other telephone at (202) 707–7658 or by email Congressional Review Act, 5 U.S.C. 801 at [email protected]. et seq., generally provides that before a aquatic activities are prohibited without SUPPLEMENTARY INFORMATION: Sections rule may take effect, the agency prior approval from the Commanding 112(e) and 114(f) of the Copyright Act, promulgating the rule must submit a Officer, U.S. Coast Guard Yard or his/ title 17 of the United States Code, create rule report, which includes a copy of her designated representative. The Coast statutory licenses for certain digital the rule, to each House of the Congress Guard will install warning signs along performances of sound recordings and and to the Comptroller General of the the shoreline notifying individuals of the making of ephemeral reproductions United States. We will submit a report the restricted area and prohibiting all to facilitate transmission of those sound containing the final rule and other unauthorized entry into the area along recordings. On May 2, 2016, the required information to the U.S. Senate, the property boundary. Copyright Royalty Judges (Judges) the U.S. House of Representatives, and (2) All persons, vessels and other craft adopted final regulations governing the the Comptroller General of the United are prohibited from entering, transiting, rates and terms of copyright royalty States. A major rule cannot take effect drifting, dredging or anchoring within payments under those licenses for the until 60 days after it is published in the the restricted area as described in license period 2016–2020 for Federal Register. This final rule is not paragraph (a) of this section without performances of sound recordings via a ‘‘major rule’’ as defined by 5 U.S.C. prior approval from the Commanding eligible transmissions by commercial 804(2). Officer, U.S. Coast Guard Yard or his/ her designated representative. and noncommercial noninteractive List of Subjects in 33 CFR Part 334 (3) The restrictions described in webcasters. See 81 FR 26316. paragraph (b)(1) of this section are in Pursuant to those regulations, at least Danger zones, Navigation (water), effect 24 hours a day, seven days a 25 days before January 1 of each year Transportation, Waterways. week. from 2017 to 2020, the Judges shall For the reasons stated in the (c) Enforcement. The regulations in publish in the Federal Register notice of preamble, the Corps is amending 33 this section shall be enforced by the a COLA applicable to the royalty fees for CFR part 334 to read as follows: Commanding Officer, U.S. Coast Guard performances of sound recordings via

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eligible transmissions by commercial PART 380—RATES AND TERMS FOR the Copyright Act for noncommercial and noncommercial noninteractive TRANSMISSIONS BY ELIGIBLE broadcasting. webcasters. 37 CFR 380.10. NONSUBSCRIPTION SERVICES AND DATES: The adjustment in the royalty fee NEW SUBSCRIPTION SERVICES AND Effective date: December 23, 2019. shall be based on a calculation of the FOR THE MAKING OF EPHEMERAL Applicability dates: These rates are percentage increase in the CPI–U from REPRODUCTIONS TO FACILITATE applicable to the period beginning THOSE TRANSMISSIONS the CPI–U published in November 2015 January 1, 2020, and ending December 31, 2020. (237.838), according to the formula (1 + ■ 1. The authority citation for part 380 ¥ × (Cy 237.838)/237.838) R2016, where continues to read as follows: FOR FURTHER INFORMATION CONTACT: Cy is the CPI–U published by the Anita Blaine, CRB Program Assistant, by Authority: 17 U.S.C. 112(e), 114(f), telephone at (202) 707–7658 or by email Secretary of Labor before December 1 of 804(b)(3). the preceding year and R2016 is the at [email protected]. ■ royalty rate for 2016; i.e., for 2. Section 380.10 is amended by SUPPLEMENTARY INFORMATION: Section commercial webcasters $0.0022 per revising paragraph (a) to read as follows: 118 of the Copyright Act, title 17 of the subscription performance or $0.0017 per § 380.10 Royalty fees for the public United States Code, creates a statutory nonsubscription performance, or for performance of sound recordings and the license for the use of published noncommercial webcasters $0.0017 per making of ephemeral recordings. nondramatic musical works and performance for all digital audio (a) Royalty fees. For the year 2020, published pictorial, graphic, and transmissions in excess of 159,140 Licensees must pay royalty fees for all sculptural works in connection with Aggregate Tuning Hours (ATH) in a Eligible Transmissions of sound noncommercial broadcasting. month on a channel or station. The recordings at the following rates: On January 19, 2018, the Copyright adjustment shall be rounded to the (1) Commercial webcasters: $0.0024 Royalty Judges (Judges) adopted final nearest fourth decimal place. 37 CFR per performance for subscription regulations governing the rates and 380.10(c). The CPI–U published by the services and $0.0018 per performance terms of copyright royalty payments Secretary of Labor from the most recent for nonsubscription services. under section 118 of the Copyright Act for the license period 2018–2022. See 83 index published before December 1, (2) Noncommercial webcasters: $500 FR 2743. Pursuant to these regulations, 2019, is 257.346.1 Applying the formula per year for each channel or station and on or before December 1 of each year, in 37 CFR 380.10(c) and rounding to the $0.0018 per performance for all digital audio transmissions in excess of the Judges shall publish in the Federal nearest fourth decimal place results in Register notice of the change in the cost an increase in the rates for 2020. 159,140 ATH in a month on a channel or station. of living and a revised schedule of the The 2020 rate for eligible * * * * * rates codified at § 381.5(c)(3) relating to transmissions of sound recordings by compositions in the repertory of SESAC. commercial webcasters is $0.0024 per Dated: November 15, 2019. The adjustment, fixed to the nearest subscription performance and $0.0018 Jesse M. Feder, dollar, shall be the greater of (1) the per nonsubscription performance. Chief Copyright Royalty Judge. change in the cost of living as Application of the increase to rates for [FR Doc. 2019–25196 Filed 11–20–19; 8:45 am] determined by the Consumer Price Index (all consumers, all items) (‘‘CPI– noncommercial webcasters results in a BILLING CODE 1410–72–P U’’) ‘‘during the period from the most 2020 rate of $0.0018 per performance for recent index published prior to the all digital audio transmissions in excess LIBRARY OF CONGRESS previous notice to the most recent index of 159,140 ATH in a month on a published prior to December 1, of that channel or station. Copyright Royalty Board year’’ or (2) 1.5%. 37 CFR 381.10. As provided in 37 CFR 380.10(d), the The change in the cost of living as royalty fee for making ephemeral 37 CFR Part 381 determined by the CPI–U during the recordings under section 112 of the [Docket No. 16–CRB–0002–PBR (2018– period from the most recent index Copyright Act to facilitate digital 2022) COLA (2020)] published prior to the previous notice, transmission of sound recordings under i.e., before December 1, 2018, to the section 114 of the Copyright Act is Cost of Living Adjustment to Public most recent index published before included in the section 114 royalty fee Broadcasters Compulsory License December 1, 2019, is 1.8%.1 In and comprises 5% of the total fee. Royalty Rate accordance with 37 CFR 381.10(b), the Judges announce that the COLA for AGENCY: Copyright Royalty Board, List of Subjects in 37 CFR Part 380 calendar year 2020 shall be 1.8%. Library of Congress. Application of the 1.8% COLA to the Copyright; sound recordings. ACTION: Final rule; cost of living 2019 rate for the performance of Final Regulations adjustment. published nondramatic musical SUMMARY: compositions in the repertory of In consideration of the foregoing, the The Copyright Royalty Judges announce a cost of living adjustment SESAC—$159 per station—results in an Judges amend part 380 of title 37 of the (COLA) to the royalty rate that adjusted rate of $162 per station, Code of Federal Regulations as follows: noncommercial radio stations at certain rounded to the nearest dollar. colleges, universities, and other List of Subjects in 37 CFR Part 381 educational institutions that are not Copyright, Music, Radio, Rates, affiliated with National Public Radio 1 As announced on November 13, 2019, by the Television. Bureau of Labor Statistics in its News Release— must pay for the use in 2020 of Consumer Price Index October 2019, available at published nondramatic musical 1 On November 13, 2019, the Bureau of Labor https://www.bls.gov/news.release/cpi.htm at compositions in the SESAC repertory Statistics announced that the CPI–U increased 1.8% Table 1. pursuant to the statutory license under over the last 12 months.

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Final Regulations SUPPLEMENTARY INFORMATION: The List of Subjects in 37 CFR Part 386 In consideration of the foregoing, the satellite carrier compulsory license Copyright, Satellite, Television. Judges amend part 381 of title 37 of the establishes a statutory copyright Code of Federal Regulations as follows: licensing scheme for the distant Final Regulations retransmission of television In consideration of the foregoing, the PART 381—USE OF CERTAIN programming by satellite carriers. 17 Judges amend part 386 of title 37 of the COPYRIGHTED WORKS IN U.S.C. 119. Congress created the license Code of Federal Regulations as follows: CONNECTION WITH in 1988 and has reauthorized the license NONCOMMERCIAL EDUCATIONAL for additional five-year periods, most PART 386—ADJUSTMENT OF BROADCASTING recently with the passage of the STELA ROYALTY FEES FOR SECONDARY Reauthorization Act of 2014, Public Law TRANSMISSIONS BY SATELLITE ■ 1. The authority citation for part 381 113–200.1 CARRIERS continues to read as follows: On August 31, 2010, the Copyright ■ Authority: 17 U.S.C. 118, 801(b)(1) and Royalty Judges (Judges) adopted rates 1. The authority citation for part 386 803. for the section 119 compulsory license continues to read as follows: ■ 2. Section 381.5 is amended by for the 2010–2014 term. See 75 FR Authority: 17 U.S.C. 119(c), 801(b)(1). revising paragraphs (c)(3)(iii) to read as 53198. The rates were proposed by ■ 2. Section 386.2 is amended by adding follows: Copyright Owners and Satellite paragraphs (b)(1)(xi) and (b)(2)(xi) to Carriers 2 and were unopposed. Id. On § 381.5 Performance of musical read as follows: compositions by public broadcasting December 4, 2014, Congress extended § 386.2 Royalty fee for secondary entities licensed to colleges and the term of those rates through 2019 by transmission by satellite carriers. universities. passing the STELA Reauthorization Act * * * * * * * * * * of 2014. 17 U.S.C. 119(c)(1)(E). (c) * * * Section 119(c)(2) of the Copyright Act (b) * * * (3) * * * provides that, effective January 1 of each (1) * * * (iii) 2020: $162 per station. year, the Judges shall adjust the royalty (xi) 2020: 30 cents per subscriber per month. * * * * * fee payable under Section 119(b)(1)(B) (2) * * * Dated: November 15, 2019. ‘‘to reflect any changes occurring in the cost of living as determined by the most (xi) 2020: 60 cents per subscriber per Jesse M. Feder, recent Consumer Price Index (for all month. Chief Copyright Royalty Judge. consumers and for all items) [CPI–U] Dated: November 15, 2019. [FR Doc. 2019–25197 Filed 11–20–19; 8:45 am] published by the Secretary of Labor Jesse M. Feder, BILLING CODE 1410–72–P before December 1 of the preceding Chief Copyright Royalty Judge. year.’’ Section 119 also requires that [FR Doc. 2019–25198 Filed 11–20–19; 8:45 am] ‘‘[n]otification of the adjusted fees shall LIBRARY OF CONGRESS BILLING CODE 1410–72–P be published in the Federal Register at Copyright Royalty Board least 25 days before January 1.’’ 17 U.S.C. 119(c)(2). ENVIRONMENTAL PROTECTION 37 CFR Part 386 The change in the cost of living as AGENCY determined by the CPI–U during the [Docket No. 19–CRB–0013–SA–COLA 40 CFR Part 81 (2020)] period from the most recent index published before December 1, 2018, to [EPA–R04–OAR–2019–0374; FRL–10002– Cost of Living Adjustment to Satellite the most recent index published before 48–Region 4] Carrier Compulsory License Royalty December 1, 2019, is 1.8%.3 Application Rates of the 1.8% COLA to the current rate for Air Quality Designation; FL; the secondary transmission of broadcast Redesignation of the Duval County AGENCY: Copyright Royalty Board (CRB), stations by satellite carriers for private Ozone Unclassifiable Area Library of Congress. home viewing—29 cents per subscriber ACTION: Final rule; cost of living per month—results in a rate of 30 cents AGENCY: Environmental Protection adjustment. per subscriber per month (rounded to Agency (EPA). the nearest cent). See 37 CFR ACTION: Final rule. SUMMARY: The Copyright Royalty Judges 386.2(b)(1). Application of the 1.8% announce a cost of living adjustment SUMMARY: On June 19, 2019, the State of COLA to the current rate for viewing in (COLA) of 1.8% in the royalty rates Florida, through the Florida Department commercial establishments—59 cents satellite carriers pay for a compulsory of Environmental Protection (FDEP), per subscriber per month—results in a license under the Copyright Act. The submitted a request for the rate of 60 cents per subscriber per COLA is based on the change in the Environmental Protection Agency (EPA) month (rounded to the nearest cent). See Consumer Price Index from October to redesignate the Jacksonville, Florida 37 CFR 386.2(b)(2). 2018 to October 2019. ozone unclassifiable area (hereinafter DATES: referred to as the ‘‘Duval County Area’’ 1 Effective date: January 1, 2020. The license expires on December 31, 2019. 17 or ‘‘Area’’) to attainment for the 2015 Applicability dates: These rates are U.S.C. 119(h). 2 Program Suppliers and Joint Sports Claimants primary and secondary 8-hour ozone applicable to the period January 1, 2020, comprised the Copyright Owners while DIRECTV, national ambient air quality standards through December 31, 2020. Inc., DISH Network, LLC, and National (NAAQS). EPA now has sufficient data FOR FURTHER INFORMATION CONTACT: Programming Service, LLC, comprised the Satellite to determine that the Duval County Area Carriers. Anita Blaine, CRB Program Assistant, by 3 On November 13, 2019, the Bureau of Labor is in attainment of the 2015 primary and telephone at (202) 707–7658 or by email Statistics announced that the CPI–U increased 1.8% secondary 8-hour ozone NAAQS. EPA is at [email protected]. over the last 12 months. approving the State’s request and

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redesignating the Area to attainment/ revised NAAQS is contained in section unclassifiable’’ because the Agency unclassifiable for the 2015 primary and 107(d)(1) of the CAA. On June 4, 2018 must use one of the three options (i.e., secondary 8-hour ozone NAAQS based (83 FR 25776), EPA published a final attainment, nonattainment, or upon valid, quality-assured, and rule designating certain areas across the unclassifiable) listed for designations in certified ambient air monitoring data country, including the Duval Area, as CAA section 107(d)(1)(A). showing that the Area is in compliance nonattainment, unclassifiable, or Response 1: EPA disagrees with the with the 2015 primary and secondary 8- attainment/unclassifiable for the 2015 Commenter. The Agency’s use of the hour ozone NAAQS. primary and secondary 8-hour ozone label ‘‘attainment/unclassifiable’’ rather DATES: This rule will be effective NAAQS based primarily upon air than ‘‘attainment’’ when designating an December 23, 2019. quality monitoring data from monitors area or redesignating an unclassifiable 12 ADDRESSES: EPA has established a for calendar years 2014–2016. EPA area that now has data demonstrating docket for this action under Docket designated Duval County as attainment of the relevant NAAQS has Identification No. EPA–R04–OAR– unclassifiable for the 2015 primary and no legal or practical significance. An 2019–0374. All documents in the docket secondary 8-hour ozone NAAQS area classified as attainment/ are listed on the www.regulations.gov because the monitors in the Duval unclassifiable meets Congress’s website. Although listed in the index, County Area had incomplete data for definition of an attainment area under some information may not be publicly the 2014–2016 timeframe.3 CAA section 107(d)(1)(A)(ii), and the available, i.e., Confidential Business On June 19, 2019, Florida submitted legal status and applicable regulatory Information or other information whose a request for EPA to redesignate the framework are the same regardless of disclosure is restricted by statute. Duval County Area to attainment/ whether the area is labeled solely as Certain other material, such as unclassifiable for the 2015 primary and ‘‘attainment.’’ copyrighted material, is not placed on secondary 8-hour ozone NAAQS based EPA has a longstanding practice of the internet and will be publicly upon valid, quality-assured, and designating most areas that meet a available only in hard copy form. certified ambient air monitoring data NAAQS as ‘‘unclassifiable/attainment,’’ Publicly available docket materials are from 2016–2018 showing that the Area or more recently, ‘‘attainment/ available either electronically through is in compliance with the 2015 primary unclassifiable’’ for that standard. This 4 www.regulations.gov or in hard copy at and secondary 8-hour ozone NAAQS. category includes areas that have air quality monitoring data meeting the the Air Regulatory Management Section, In a notice of proposed rulemaking NAAQS and areas that do not have Air Planning and Implementation (NPRM) published on August 14, 2019 monitors and for which EPA has no Branch, Air and Radiation Division, (84 FR 40351), EPA proposed to approve evidence that the areas may be violating U.S. Environmental Protection Agency, the State’s redesignation request. The the NAAQS or contributing to a nearby Region 4, 61 Forsyth Street SW, Atlanta, details of Florida’s submittal and the violation. EPA recently reversed the Georgia 30303–8960. EPA requests that rationale for EPA’s actions are further order of the label to ‘‘attainment/ if at all possible, you contact the person explained in the NPRM. Comments on the NPRM were due on or before unclassifiable’’ because it better conveys listed in the FOR FURTHER INFORMATION September 13, 2019. the definition of the designation CONTACT section to schedule your category and is more easily inspection. The Regional Office’s II. Response to Comments distinguished from the separate official hours of business are Monday EPA received one set of adverse ‘‘unclassifiable’’ category. See, e.g., 83 through Friday 8:30 a.m. to 4:30 p.m., comments on its proposal action. These FR 25776, 25778 (June 4, 2018). EPA excluding Federal holidays. comments, from an anonymous uses the ‘‘unclassifiable’’ category for FOR FURTHER INFORMATION CONTACT: commenter, are provided in the docket areas where EPA could not determine, Madolyn Sanchez, Air Regulatory for this final rulemaking. Below is a based upon available information, Management Section, Air Planning and summary of the comments and EPA’s whether the NAAQS was being met Implementation Branch, Air and responses. and/or EPA had not determined the area Radiation Division, U.S. Environmental Comment 1: The Commenter contends to be contributing to nearby violations. Protection Agency, Region 4, 61 Forsyth that EPA does not have the authority to EPA reserves the ‘‘attainment’’ category Street SW, Atlanta, Georgia 30303–8960. redesignate any area, including the for instances when EPA redesignates a Ms. Sanchez can be reached by Duval County Area, to ‘‘attainment/ nonattainment area that has attained the telephone at (404) 562–9644 or via relevant NAAQS. electronic mail at sanchez.madolyn@ 1 This action, combined with final rules Comment 2: The Commenter asserts epa.gov. published on November 16, 2017 (82 FR 54232) and that EPA cannot redesignate any area to July 25, 2018 (83 FR 35136), completed the 2015 attainment without demonstrating that SUPPLEMENTARY INFORMATION: 8-hour ozone NAAQS designations for all areas. the area meets the requirements of CAA I. Background 2 Several states chose to submit early certified air quality data for their areas. For those areas, EPA section 107(d)(3)(E). By not addressing On October 1, 2015, EPA revised the based the final designation decisions on air quality these requirements for the Duval Area, primary and secondary 8-hour NAAQS data from 2015–2017. Florida did not submit early the Commenter claims that the Agency certified air quality data. In the NPRM, EPA for ozone to a level of 70 parts per inadvertently stated that the Agency designated the failed to address the required elements billion (ppb), based on a 3-year average Area unclassifiable based on 2015–2017 data. for a redesignation to attainment and of the annual fourth-highest daily 3 EPA used the category ‘‘unclassifiable’’ for areas effectively granted itself an extension of maximum 8-hour ozone concentrations. in which EPA could not determine, based upon the initial designation process. See 80 FR 65292 (October 26, 2015). available information, whether or not the NAAQS Response 2: EPA disagrees with the was being met and/or EPA had not determined the EPA established the standards based on area to be contributing to nearby violations. Commenter. As noted in the NPRM, significant evidence and numerous 4 Although Florida requested redesignation of the Congress expressly limited the health studies demonstrating that Area to ‘‘attainment,’’ EPA is redesignating the area redesignation criteria in CAA section serious health effects are associated to ‘‘attainment/unclassifiable’’ because, as noted in 107(d)(3)(E) to redesignations of the proposal, EPA reserves the ‘‘attainment’’ with exposures to ground-level ozone. category for when EPA redesignates a nonattainment areas to attainment, and The process for designating areas nonattainment area that has attained the relevant therefore, these criteria are not following promulgation of a new or NAAQS and has an approved maintenance plan. applicable to redesignations of

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unclassifiable areas to attainment/ • Is not a significant regulatory action Fairness Act of 1996, generally provides unclassifiable.5 Furthermore, a subject to review by the Office of that before a rule may take effect, the redesignation under section 107(d)(3) is Management and Budget under agency promulgating the rule must not and cannot be an extension of the Executive Orders 12866 (58 FR 51735, submit a rule report, which includes a initial designations process because an October 4, 1993) and 13563 (76 FR 3821, copy of the rule, to each House of the area must first be designated under a January 21, 2011); Congress and to the Comptroller General separate legal process pursuant to • Is not an Executive Order 13771 (82 of the United States. EPA will submit a section 107(d)(1) before it can be FR 9339, February 2, 2017) regulatory report containing this action and other redesignated. Extensions of the action because it is not a significant required information to the U.S. Senate, designations process are governed by regulatory action under Executive Order the U.S. House of Representatives, and section 107(d)(1)(B) which allows for a 12866; the Comptroller General of the United one-year extension in the event that the • Does not impose an information States prior to publication of the rule in EPA Administrator has insufficient collection burden under the provisions the Federal Register. A major rule information to promulgate the of the Paperwork Reduction Act (44 cannot take effect until 60 days after it designations. EPA can designate an area U.S.C. 3501 et seq.); is published in the Federal Register. as ‘‘unclassifiable’’ regardless of • Is certified as not having a This action is not a ‘‘major rule’’ as whether it extends the designations significant economic impact on a defined by 5 U.S.C. 804(2). period. EPA designated the Duval Area substantial number of small entities Under section 307(b)(1) of the CAA, as ‘‘unclassifiable’’ pursuant to section under the Regulatory Flexibility Act (5 petitions for judicial review of this 107(d)(1) on June 4, 2018, due to U.S.C. 601 et seq.); action must be filed in the United States incomplete air quality monitoring data • Does not contain any unfunded Court of Appeals for the appropriate from 2014–2016. Complete, quality- mandate or significantly or uniquely assured, and certified data now exist for circuit by January 21, 2020. Filing a affect small governments, as described petition for reconsideration by the the 2016–2018 time period, and these in the Unfunded Mandates Reform Act data show that the Area is attaining the Administrator of this final rule does not of 1995 (Pub. L. 104–4); affect the finality of this action for the standard. The State submitted a • Does not have federalism redesignation request under section purposes of judicial review nor does it implications as specified in Executive extend the time within which a petition 107(d)(3)(A) based on these data, and Order 13132 (64 FR 43255, August 10, EPA is approving that request because it for judicial review may be filed, and 1999); shall not postpone the effectiveness of meets the CAA requirements for a • Is not an economically significant such rule or action. This action may not redesignation from unclassifiable to regulatory action based on health or attainment/unclassifiable. be challenged later in proceedings to safety risks subject to Executive Order enforce its requirements. See section III. Final Action 13045 (62 FR 19885, April 23, 1997); 307(b)(2). • Is not a significant regulatory action EPA is approving Florida’s List of Subjects in 40 CFR Part 81 redesignation request and redesignating subject to Executive Order 13211 (66 FR 28355, May 22, 2001); the Duval County Area from Environmental protection, Air • Is not subject to requirements of unclassifiable to attainment/ pollution control, National parks, Section 12(d) of the National unclassifiable for the 2015 8-hour ozone Wilderness areas. NAAQS. Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because Dated: November 13, 2019. IV. Statutory and Executive Order application of those requirements would Mary S. Walker, Reviews be inconsistent with the CAA; and Regional Administrator, Region 4. Under the CAA, redesignation of an • Will not have disproportionate area to attainment/unclassifiable is an human health or environmental effects 40 CFR part 81 is amended as follows: action that affects the status of a under Executive Order 12898 (59 FR geographical area and does not impose 7629, February 16, 1994). PART 81—DESIGNATION OF AREAS any additional regulatory requirements This final redesignation action is not FOR AIR QUALITY PLANNING on sources beyond those imposed by approved to apply to any Indian PURPOSES state law. A redesignation to attainment/ reservation land or in any other area unclassifiable does not in and of itself where EPA or an Indian tribe has ■ 1. The authority citation for part 81 create any new requirements. demonstrated that a tribe has continues to read as follows: Accordingly, this action merely jurisdiction. In those areas of Indian Authority: 42 U.S.C. 7401, et seq. redesignates an area to attainment/ country, the rule does not have tribal unclassifiable and does not impose implications as specified by Executive ■ 2. In § 81.310, the table entitled additional requirements. For that Order 13175 (65 FR 67249, November 9, ‘‘Florida—2015 8-Hour Ozone NAAQS reason, this action: 2000), nor will it impose substantial (Primary and Secondary)’’ is amended direct costs on tribal governments or by revising the entry for ‘‘Jacksonville, 5 The redesignation criteria listed in section preempt tribal law. FL’’ to read as follows: 107(d)(3)(E) are preceded by the phrase ‘‘[t]he The Congressional Review Act, 5 Administrator may not promulgate a redesignation § 81.310 Florida. of a nonattainment area (or portion thereof) to U.S.C. 801 et seq., as added by the Small attainment unless. . .’’ (emphasis added). Business Regulatory Enforcement * * * * *

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FLORIDA—2015 8-HOUR OZONE NAAQS [Primary and secondary]

Designation Classification Designated area 1 Date 2 Type Date Type

Jacksonville, FL ...... December 23, 2019 ...... Attainment/Unclassifiable ...... Duval County.

******* 1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the des- ignation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 2 This date is August 3, 2018, unless otherwise noted.

* * * * * Folder on the line associated with this ACTION: Final rule; correction. [FR Doc. 2019–25284 Filed 11–20–19; 8:45 am] rule. BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: If SUMMARY: The Federal Communications you have questions on this rule, call or Commission (Commission) is correcting email Mr. Joseph Myers, U.S. Coast a final rule that appeared in the Federal DEPARTMENT OF HOMELAND Guard; telephone 202–372–1249, email Register on October 25, 2019. In the SECURITY [email protected]. document, the Commission took another SUPPLEMENTARY INFORMATION: step towards making more mid-band Coast Guard spectrum available for next generation Background wireless services benefitting all 46 CFR Part 28 On February 14, 2014, the Coast Americans. Specifically, the Guard published a final rule that added Commission transformed the regulatory [Docket Number USCG–2010–0625] the waiver of citizenship requirements framework governing the 2.5 GHz band RIN 1625–AB50 for crewmembers on commercial fishing (2496–2690 MHz), which is the single vessels. 79 FR 8864. The final rule largest band of contiguous spectrum Waiver of Citizenship Requirements for delayed the effective dates of 46 CFR below 3 gigahertz. Crewmembers on Commercial Fishing 28.1105 and 28.1110 because these DATES: The corrections to § 27.14 are Vessels sections contain collection-of- information provisions that require effective November 25, 2019; the AGENCY: Coast Guard, DHS. approval by the Office of Management correction to § 27.1219 is effective April 27, 2020. ACTION: Final rule; information and Budget (OMB) under the Paperwork collection approval. Reduction Act of 1995, 44 U.S.C. 3501– FOR FURTHER INFORMATION CONTACT: John 3520. On March 21, 2016, the OMB Schauble of the Wireless SUMMARY: The Coast Guard announces approved the collection, ‘‘Commercial Telecommunications Bureau, that it has received approval from the Fishing Industry Vessel Safety Broadband Division, at (202) 418–0797 Office of Management and Budget for an Regulations,’’ and assigned OMB or [email protected]. information collection request Control Number 1625–0061. associated with the Waiver of Accordingly, we announce that 46 CFR SUPPLEMENTARY INFORMATION: In FR Doc. Citizenship Requirements for 28.1105 and 28.1110 are effective 2019–22511 appearing on page 57343 in Crewmembers on Commercial Fishing December 23, 2019. the Federal Register on October 25, Vessels in a final rule we published in This document is issued under the 2019, the following corrections are the Federal Register on February 14, authority of 46 U.S.C. 8103(b)(3)(C). made: 2014. In that rule, we stated we would Dated: November 15, 2019. publish a document in the Federal § 27.14 [Corrected] R.V. Timme, Register announcing the effective date Rear Admiral, U.S. Coast Guard, Assistant ■ 1. On page 57364, in the third column, of the collection-of-information related Commandant for Prevention Policy. amend § 27.14(u)(4) by removing the sections. This rule establishes December [FR Doc. 2019–25234 Filed 11–20–19; 8:45 am] two entries ‘‘(o)(2) or (3)’’ and adding, 23, 2019, as the effective date for those BILLING CODE 9110–04–P in their places, the entries ‘‘(u)(2) or sections. (3)’’. DATES: The amendments to §§ 28.1105 and 28.1110, published February 14, ■ 2. On page 57365, in the first column, FEDERAL COMMUNICATIONS 2014 (79 FR 8864), are effective amend § 27.14(u)(5) by removing the COMMISSION December 23, 2019. two entries ‘‘(o)(2) or (3)’’ and adding, in their places, the entries ‘‘(u)(2) or ADDRESSES: To view documents 47 CFR Part 27 (3)’’. mentioned in this preamble as being [WT Docket No. 18–120; DA 19–1160] available in the docket, including the § 27.1219 [Corrected] final rule published on February 14, Transforming the 2.5 GHz Band; ■ 2014 (79 FR 8864), go to https:// Correction 3. On page 57367, in the first column, www.regulations.gov, type USCG–2010– amend § 27.1219(a)(1) by removing the 0625 in the ‘‘SEARCH’’ box and click AGENCY: Federal Communications word ‘‘have’’ and adding, in its place, ‘‘SEARCH.’’ Click on Open Docket Commission. the word ‘‘has’’.

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Federal Communications Commission. available by appointment, during glacier stonefly has already been John Schauble, normal business hours at: U.S. Fish and documented. Drought is expected to Deputy Chief, Broadband Division, Wireless Wildlife Service, Montana Ecological further reduce the amount of habitat Telecommunications Bureau. Services Office, 585 Shepard Way, Suite occupied by meltwater lednian stonefly [FR Doc. 2019–25202 Filed 11–20–19; 8:45 am] 1, Helena, MT 59601; 406–449–5225. and western glacier stonefly, due to BILLING CODE 6712–01–P FOR FURTHER INFORMATION CONTACT: Jodi reductions of meltwater from seasonal Bush, Office Supervisor, U.S. Fish and snowpack and anticipated future Wildlife Service, Montana Ecological reduction of flow from other meltwater sources in the foreseeable future (Factor DEPARTMENT OF THE INTERIOR Services Field Office, 585 Shepard Way, Suite 1, Helena, MT 59601, by E). As a result of this anticipated loss of Fish and Wildlife Service telephone 406–449–5225. Persons who habitat, only a few refugia streams and use a telecommunications device for the springs are expected to persist in the 50 CFR Part 17 deaf may call the Federal Relay Service long term. Recolonization of at 800–877–8339. intermittent habitats where known [Docket No. FWS–R6–ES–2016–0086; occurrences of either species are SUPPLEMENTARY INFORMATION: 4500030113] extirpated is not anticipated, given the RIN 1018–BB52 Executive Summary poor dispersal abilities of similar Why we need to publish a rule. Under stonefly species. Threats to meltwater Endangered and Threatened Wildlife the Endangered Species Act, a species lednian stonefly and western glacier and Plants; Threatened Species Status may warrant protection through listing stonefly habitat are currently occurring for Meltwater Lednian Stonefly and if it is endangered or threatened rangewide, are based on empirical evidence of past and current glacial Western Glacier Stonefly With a throughout all or a significant portion of melting, and are expected to continue Section 4(d) Rule its range. Listing a species as an into the foreseeable future. endangered or threatened species can AGENCY: Fish and Wildlife Service, Peer review and public comment. We Interior. only be completed by issuing a rule. sought comments from seven objective What this document does. This rule ACTION: Final rule. and independent specialists (and will add the meltwater lednian stonefly received three responses) to ensure that SUMMARY: We, the U.S. Fish and (Lednia tumana) and western glacier our determination is based on Wildlife Service (Service), determine stonefly (Zapada glacier) as threatened scientifically sound data, assumptions, threatened species status under the species to the List of Endangered and and analyses. As directed by the Endangered Species Act of 1973 (Act), Threatened Wildlife in title 50 of the Service’s Peer Review Policy dated July as amended, for the meltwater lednian Code of Federal Regulations at 50 CFR 1, 1994 (59 FR 34270) and a recent stonefly (Lednia tumana) and the 17.11(h) with a rule issued under memo updating the peer review policy western glacier stonefly (Zapada section 4(d) of the Act (hereafter for listing and recovery actions (August glacier), both aquatic species from referred to as a ‘‘4(d) rule’’) at 50 CFR 22, 2016), we invited these peer alpine streams and springs. Meltwater 17.47. reviewers to comment on our listing lednian stoneflies are found in Montana The basis for our action. Under the proposal. We also considered all and Canada, and western glacier Endangered Species Act, we can comments and information received stoneflies are found in Montana and determine that a species is an during two public comment periods. All Wyoming. The effect of this regulation endangered or threatened species based comments received during the peer will be to add these species to the List on any of five factors: (A) The present review process and the public comment of Endangered and Threatened Wildlife. or threatened destruction, modification, periods have either been incorporated We also finalize a rule under the or curtailment of its habitat or range; (B) throughout this rule or addressed in the authority of section 4(d) of the Act that Overutilization for commercial, Summary of Comments and provides measures that are necessary recreational, scientific, or educational Recommendations section. purposes; (C) Disease or predation; (D) and advisable to provide for the Previous Federal Action conservation of these species. We have The inadequacy of existing regulatory also determined that designation of mechanisms; or (E) Other natural or Please refer to the proposed listing critical habitat for these species is not manmade factors affecting its continued rule for the meltwater lednian stonefly prudent. existence. We have determined that and western glacier stonefly (81 FR habitat fragmentation and degradation 68379, October 4, 2016) for a detailed DATES: This rule becomes effective in the form of declining streamflows description of previous Federal actions December 23, 2019. and increasing water temperatures concerning these species prior to ADDRESSES: This final rule is available at resulting from climate change are October 4, 2016. In that proposed rule, http://www.regulations.gov in Docket currently affecting habitat for the we explained that we received new No. FWS–R6–ES–2016–0086 and at meltwater lednian stonefly and the information on the western glacier https://www.fws.gov/mountain-prairie/ western glacier stonefly (Factor A). stonefly in August 2016, indicating a es/meltwaterLednianStonefly.php and at Based on empirical evidence, most larger range than previously known. https://www.fws.gov/mountain-prairie/ glaciers supplying cold water to However, due to a settlement agreement es/westernGlacierStonefly.php on the meltwater lednian and western glacier deadline, we were unable to fully internet. Comments and materials we stonefly habitats in Glacier National incorporate and analyze the new received, as well as supporting Park (GNP) are projected to melt by information before publishing our documentation we used in preparing 2030. As a result, habitat with a high October 4, 2016, 12-month finding and this rule, are available for public probability of occupancy for the proposed listing rule. In March 2017, we inspection at http:// meltwater lednian stonefly is modeled received additional information www.regulations.gov. Comments, to decrease 81 percent by 2030 (separate from the information received materials, and documentation that we (Muhlfeld et al. 2011, p. 342). A in August 2016) on the western glacier considered in this rulemaking will be decrease in distribution of western stonefly, also indicating a larger range

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than previously known. On October 31, preamble to our 2016 proposed rule, we Montana and southwest Alberta 2017, we reopened the comment period determined that a rule that included the (Giersch et al. 2017; p. 2582). on our proposed listing rule to allow the prohibitions set forth in 50 CFR 17.21 Specifically, meltwater lednian public to comment on both sets of new for endangered species would be stoneflies are known to occur in 113 information (82 FR 50360). Now that we necessary and advisable for the streams: 109 in Glacier National Park have had the opportunity to fully conservation of the meltwater lednian (GNP), 2 south of GNP on National consider this new information from stonefly and the western glacier Forest land, 1 south of GNP on tribal August 2016 and March 2017, we have stonefly. Consequently, we are land (Figure 1; Giersch et al. 2017; p. incorporated it into this final rule. promulgating a species-specific 4(d) rule 2582), and 1 north of GNP in Waterton Our October 4, 2016, proposed rule that outlines the protections that were Lakes National Park in Alberta, Canada included a determination that critical described in the 2016 proposed rule; see (Donald and Anderson 1977, p. 114; habitat for the meltwater lednian Provisions of the 4(d) Rule, below. Baumann and Kondratieff 2010, p. 315; stonefly and western glacier stonefly I. Final Listing Determination was prudent but not determinable at Giersch 2017, pers. comm.). In the that time (81 FR 68379). Since that time, Background proposed rule (81 FR 68379, October 4, 2016), we indicated meltwater lednian the Service finalized regulations related Both the meltwater lednian stonefly to listing species and designating stoneflies were known from historical (e.g., Baumann 1975, p. 18; Baumann et collections in Waterton Lakes National critical habitat (84 FR 45020, August 27, al. 1977, pp. 7, 34; Newell et al. 2008, 2019), which revised the regulations Park in Canada, but were not known to p. 181; Stark et al. 2009, entire) and that implement section 4 of the Act and be extant there. However, recent surveys western glacier stonefly (Baumann 1975, clarify circumstances in which critical conducted after the proposed rule was p. 30; Stark 1996, entire; Stark et al. habitat may be found not prudent. published have also documented the 2009, p. 8) are recognized as valid Regulations at 50 CFR 424.12(a)(1) species in the same watershed in species by the scientific community. provide the circumstances when critical Waterton Lakes National Park where Both stonefly species begin life as eggs, habitat may be not prudent, and we they were sampled historically (Giersch hatch into aquatic nymphs, and later have determined that a designation of 2017, pers. comm.). Meltwater lednian mature into winged adults, surviving critical habitat for these species is not briefly on land before reproducing and stoneflies occupy relatively short prudent, as discussed further below. dying. Meltwater habitat for meltwater reaches of streams [mean = 592 meters Our October 4, 2016, proposed rule lednian stonefly and western glacier (m) (1,942 feet; ft); standard deviation = also referenced a section of the stonefly is supplied by glaciers and rock 455 m (1,493 ft)] below meltwater regulation that provided threatened sources (for description, see Habitat species with the same protections as glaciers, as well as by four other sources: (1) Seasonal snow, (2) section below; Giersch et al. 2017; p. endangered species also known as 2582). Meltwater lednian stoneflies can ‘‘blanket rules’’ (50 CFR 17.31). The perennial snow, (3) alpine springs, and (4) ice masses (Giersch et al. 2017, p. attain moderate to high densities [(350– Service has since published regulations 5,800 per square m) (32–537 per square on August 27, 2019 (84 FR 44753), 2584). Please refer to the proposed ft)] (e.g., Logan Creek: Baumann and amending 50 CFR 17.31 and 17.71 that listing rule for the meltwater lednian Stewart 1980, p. 658; National Park state ‘‘the blanket rules will no longer be stonefly and western glacier stonefly (81 Service (NPS) 2009, entire; Muhlfeld et in place, but the Secretary will still be FR 68379, October 4, 2016) for a full required to make a decision about what discussion of taxonomy, species al. 2011, p. 342; Giersch 2016, pers. regulations to put in place for the descriptions, and biology. We have comm.). Given this range of densities species.’’ While the Service always had received no new substantive and a coarse assessment of available the ability to promulgate species- information on those topics since that habitat, we estimated the abundance of specific 4(d) rules for threatened time. meltwater lednian stonefly in the species, moving forward we will Distribution and Abundance millions of individuals; however, no promulgate a species-specific 4(d) rule population trend information is for each species that we determine Meltwater Lednian Stonefly available for the meltwater lednian meets the definition of a threatened Meltwater lednian stoneflies are stonefly. species. As explained below, in the known to occur in northwestern BILLING CODE 4333–15–P

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BILLING CODE 4333–15–C from the number reported in the moderate densities [(400–2,300 per Western Glacier Stonefly proposed rule, due to new information square m) (37–213 per square ft)] in received after the proposed rule was GNP (Giersch 2016, pers. comm.). Lower Western glacier stoneflies are known published (Hotaling et al. 2017, entire; densities of western glacier stoneflies to occur in 16 streams: 6 in GNP, 4 in Giersch et al. 2017, p. 2584). Similar to have been reported in GTNP [(up to 11– Grand Teton National Park (GTNP), and the meltwater lednian stonefly, western 56 per square m) (up to 1–5 per square 6 in the Absaroka/Beartooth Wilderness glacier stoneflies are found on relatively ft)] (Tronstad 2017, pers. comm.). Given on the Custer/Gallatin National Forest short reaches of streams [mean = 569 m this range of densities and a coarse (Figure 2; Giersch et al. 2017, p. 2584; (1,869 ft); standard deviation = 459 m assessment of available habitat, we Giersch 2017, pers. comm.). The number (1,506 ft)] in close proximity to estimated the abundance of the western of streams known to be occupied by meltwater sources (Giersch et al. 2017). glacier stonefly to be in the tens of western glacier stonefly has increased Western glacier stoneflies can attain thousands of individuals, presumably

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less numerous than the meltwater increased the known range of the among and within six streams in GNP lednian stonefly. species by about 500 kilometers (km) where the species was known to occur The recent discovery and subsequent (∼311 miles (mi)) southward (Hotaling et in the 1960s and 1970s (Giersch et al. genetic confirmation of western glacier al. 2017, entire; Giersch et al. 2017, p. 2015, p. 58). stoneflies in streams in GTNP and the 2585). However, western glacier BILLING CODE 4333–15–P Absaroka/Beartooth Wilderness has stoneflies have decreased in distribution

BILLING CODE 4333–15–C appears to be similar to the habitat both conducted in this area, and no The northern distributional limits of species are currently occupying, exists specimens of either species were found, the meltwater lednian stonefly and the in the area of Banff and Jasper National although it is likely that sampling did western glacier stonefly are not known. Parks, Alberta, Canada. Aquatic not occur close enough to glaciers or Potential habitat for meltwater lednian and western glacier stoneflies, which invertebrate surveys have been icefields to detect either meltwater

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lednian or western glacier stonefly, if glacier stonefly appear similar to those information relevant to our analysis of indeed they were present (Hirose 2016, for the meltwater lednian stonefly as those factors. Also, see the proposed pers. comm.). Sampling in this area for described above (Giersch et al. 2017, p. listing rule for discussion of synergistic both meltwater lednian and western 2579). effects and the Factor E discussion in this rule, which addresses comments glacier stoneflies is planned for the Summary of Biological Status and from a peer reviewer with regard to future and would help fill in an Threats important data gap with regard to synergistic effects (81 FR 68379, October northern distributional limits of both Section 4 of the Act (16 U.S.C. 1533) 4, 2016, pp. 68392–68393). species. and its implementing regulations (50 For listing factors A and E, we made CFR part 424) set forth the procedures substantive changes between the Habitat for determining whether a species meets proposed and final listing rules. As Meltwater Lednian Stonefly the definition of ‘‘endangered species’’ described further below in Summary of or ‘‘threatened species.’’ The Act defines Changes from the Proposed Rule, in the The meltwater lednian stonefly is an ‘‘endangered species’’ as a species proposed listing rule, we identified found in high-elevation, alpine streams that is ‘‘in danger of extinction populations of meltwater lednian (Baumann and Stewart 1980, p. 658; throughout all or a significant portion of stonefly and western glacier stonefly Montana Natural Heritage Program its range,’’ and a ‘‘threatened species’’ as based on watershed boundaries. 2010a) originating from meltwater a species that is ‘‘likely to become an However, multiple peer reviewers sources, including glaciers and small endangered species within the observed the need for empirical icefields, perennial and seasonal foreseeable future throughout all or a evidence to support that assessment. snowpack, alpine springs, and glacial significant portion of its range.’’ The Act Therefore, we have updated our lake outlets (Hauer et al. 2007, p. 107; requires that we determine whether a explanation to describe the number of Giersch et al. 2017, p. 2584). These species meets the definition of streams occupied by both meltwater streams are believed to be fishless, due ‘‘endangered species’’ or ‘‘threatened lednian stonefly and western glacier to their high gradient. Meltwater species’’ because of any of the following stonefly in our Factors A and E lednian stoneflies are known from factors: (A) The present or threatened analyses. In addition, we received alpine streams where modeled destruction, modification, or updated information on the distribution maximum water temperatures do not curtailment of its habitat or range; (B) ° of meltwater lednian stonefly and exceed 10 degrees Celsius ( C) (50 Overutilization for commercial, ° western glacier stonefly after the degrees Fahrenheit ( F)) (Giersch et al. recreational, scientific, or educational proposed rule was published. Meltwater 2017, p. 2584), although the species can purposes; (C) Disease or predation; (D) lednian stonefly are now known from withstand higher water temperatures The inadequacy of existing regulatory southwest Alberta, Canada (Giersch et ∼ ° ° ( 20 C; 68 F) for short periods of time mechanisms; or (E) Other natural or al. 2017; p. 2582). In addition, new (Treanor et al. 2013, p. 602). In general, manmade factors affecting its continued information documented and the alpine streams inhabited by the existence. genetically confirmed the presence of meltwater lednian stonefly are Our implementing regulations at 50 western glacier stonefly approximately presumed to have very low nutrient CFR 424.11(d) set forth a framework 500 km (311 mi) farther south than concentrations (low nitrogen and within which we evaluate the previously known (Giersch et al. 2016, phosphorus), reflecting the nutrient foreseeable future on a case-by-case p. 28; Hotaling et al. 2017, entire). These content of the glacial or snowmelt basis. The term foreseeable future southern populations of western glacier source (Hauer et al. 2007, pp. 107–108). extends only so far into the future as the stonefly were in the Absaroka-Beartooth During the daytime, meltwater lednian Services can reasonably determine that wilderness in southern Montana and in stonefly nymphs prefer to occupy the both the future threats and the species’ Grand Teton National Park in underside of rocks or larger pieces of responses to those threats are likely. The northwestern Wyoming. As a result of bark or wood (Baumann and Stewart foreseeable future extends only so far as this new information, we have now 1980, p. 658; Giersch et al. 2017, p. the predictions about the future are identified a total of 16 streams occupied 2579). reliable. ‘‘Reliable’’ does not mean by western glacier stonefly. Here, we ‘‘certain’’; it means sufficient to provide Western Glacier Stonefly analyze how both species are affected by a reasonable degree of confidence in the threats under Factors A and E in all of Western glacier stoneflies are found in prediction. Analysis of the foreseeable their currently known locations. high-elevation, alpine streams closely future uses the best scientific and linked to the same meltwater sources as commercial data available and should Factor A. The Present or Threatened the meltwater lednian stonefly (Giersch consider the timeframes applicable to Destruction, Modification, or et al. 2017; p. 2584). The specific the relevant threats and to the species’ Curtailment of Its Habitat or Range thermal tolerances of the western glacier likely responses to those threats in view Meltwater lednian stoneflies occupy stonefly are not known. However, all of its life-history characteristics. remote, high-elevation alpine habitats in recent collections of the western glacier Below is a summary of biological GNP and several proximate watersheds. stonefly in GNP have occurred in status and threats for listing factors A Western glacier stoneflies occupy habitats with daily maximum water and E, including new information and similar habitats in GNP, GTNP, and the temperatures less than 13.3 °C (55.9 °F) citations provided to us during the peer Absaroka/Beartooth Wilderness. The (Giersch et al. 2017, p. 2584). Further, review and public comment period. See remoteness of these habitats largely abundance patterns for other species in the proposed listing rule for information precludes overlap with human uses and the Zapada genus in GNP indicate on biological status and threats for typical land management activities (e.g., preferences for the coolest listing factors B, C, and D (81 FR 68379, forestry, mining, irrigation) that have environmental temperatures, such as October 4, 2016; pp. 68390–68392). We historically modified habitats of many those found at high elevation in did not make substantive changes to species. However, these relatively proximity to headwater sources (Hauer listing factors B, C, and D between the pristine, remote habitats are not et al. 2007, p. 110). Daytime proposed and final listing rules because expected to be immune to the effects of microhabitat preferences of the western we have received no new substantive climate change. Thus, our analysis

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under Factor A focuses on the expected anticipated effects of climate change on First, the projected future air effects of climate change on meltwater the alpine environment to be temperature increase of 0.45 °C (by lednian and western glacier stonefly approximately 35 years (∼year 2050) 2100) under the linear temperature- habitats. based on two factors. First, various extrapolation scenario is now projected global climate models and emissions to occur by 2035 (IPCC 2014, p. 10)— Climate Change scenarios provide consistent projections 65 years sooner than projected under See the proposed listing rule for within that timeframe (IPCC 2014, p. the linear temperature-extrapolation. general background information on 11). Second, the effect of climate change This new projection is based on 11 global climate change (81 FR 68379, on glaciers in GNP has been modeled additional years of climate data that October 4, 2016). within that timeframe (e.g., Hall and were not available in 2003. Thus, the Uncertainty in Climate Projections Fagre 2003, entire; Brown et al. 2010, linear temperature-extrapolation model entire). is overly conservative. Second, while Any model (representation of Habitats for both the meltwater both future air temperature projections something) carries with it some level of lednian stonefly and the western glacier (i.e., 3.3 °C and 0.45 °C) from Hall and uncertainty. Consequently, there is stonefly originate from meltwater Fagre 2003 are bracketed by newer uncertainty in climate projections and sources that will be impacted by any projections of air temperature rise from related impacts across and within projected warming, including glaciers, varying climate scenarios in IPCC 2014 different regions of the world (e.g., Glick rock glaciers and small icefields, (p. 10), the mean annual air temperature et al. 2011, pp. 68–73; Deser et al. 2012, perennial and seasonal snowpack, for GNP and the surrounding region is entire; International Panel on Climate alpine springs, and glacial lake outlets increasing at 1.8 times the global rate Change (IPCC) 2014, pp. 12, 14). This (Hauer et al. 2007, p. 107; Giersch et al. (USGS 2010, p. 1). This means that the uncertainty can come from multiple 2017, p. 2584). The alteration or loss of CO2 scenario with its higher future air sources, including type, amount, and these meltwater sources and perennial temperature projection (i.e., 3.3 °C) is quality of evidence, changing habitat has direct consequences on both more likely to represent the likely air likelihoods of diverse outcomes, meltwater lednian stonefly and western temperature change in the GNP area. ambiguously defined concepts or glacier stonefly populations. Below, we Indeed, the range of projected future air terminology, or human behavior (IPCC provide an overview of expected rate of temperatures in three of the four global 2014, pp. 37, 56, 58, 128). Methods loss of meltwater sources as a result of climate scenarios used in IPCC 2014 developed to convey uncertainty in climate change, followed by the (i.e., Representative Concentration climate projections include quantifying projected effects to stonefly habitat from Pathways (RCPs) 4.5, 6.0, and 8.5; IPCC uncertainty (IPCC 2014, p. 2) or altered stream flows and water 2014, p. 8) include 3.3 °C, after taking analyzing for trends among climate temperatures. into account the regional increase of projections (IPCC 2014, pp. 8, 10). Also, Glacier Loss projected air temperatures of 1.8 times uncertainty in climate projections can the global rate. be reduced by using more regionalized Glacier loss in GNP is directly Conversely, even the most data to produce higher resolution, more influenced by climate change (e.g., Hall conservative (i.e., lowest emissions) accurate climate projections (Glick et al. and Fagre 2003, entire; Fagre 2005, global climate scenario used in IPCC 2011, pp. 58–61). This uncertainty was entire). When established in 1910, GNP 2014 (RCP 2.6) does not encompass the considered in this determination. We contained approximately 150 glaciers air temperature projection (0.45 °C) from note that despite the inherent larger than 0.1 square kilometer (25 the linear temperature-extrapolation uncertainties associated with climate acres) in size, but presently only 25 model, after taking into account the models/projections, empirical data are glaciers larger than this size remain regional increase of projected air used to develop climate models. These (Fagre 2005, pp. 1–3; USGS 2005, 2010). temperatures of 1.8 times the global rate. models and their associated projections Hall and Fagre (2003, entire) modeled Third, recent observations of glacier often constitute the best available the effects of climate change on glacier melting rates indicate faster melt than science, in the absence of other relevant persistence in GNP’s Blackfoot-Jackson projected by the CO2 scenario (Muhlfeld information. basin using two climate scenarios based et al. 2011, p. 339). Intuitively, this on empirical air temperature and glacier Regional Climate indicates the CO2 scenario would be melt rate data: (1) Doubling of expected to better represent future air The western United States appears to atmospheric carbon dioxide by 2030 temperatures and glacier persistence, be warming faster than the global (CO2) and (2) linear temperature- relative to the more conservative linear average. In the Pacific Northwest, extrapolation. Under the CO2 scenario, temperature-extrapolation model. For regionally averaged temperatures have regional air temperatures were projected these reasons, we expect the CO2 risen 0.8 °C (1.5 °F) over the last century to increase 3.3 °C by 2100, and glaciers scenario to better represent future air and as much as 2 °C (4 °F) in some areas were projected to completely melt in temperature increase and glacier and are projected to increase by another GNP by 2030, with projected increases persistence in GNP than the linear 1.5 to 5.5 °C (3 to 10 °F) over the next in winter precipitation not expected to temperature-extrapolation scenario. 100 years (Karl et al. 2009, p. 135). buffer glacial shrinking (Hall and Fagre A more recent analysis of Sperry Since 1900, the mean annual air 2003, pp. 137–138). Under the linear Glacier in GNP estimates this particular temperature for GNP and the temperature-extrapolation scenario, glacier (1 of 25 glaciers remaining from surrounding region has increased 1.3 °C regional air temperatures were projected the historical 150 glaciers larger than 25 (2.3 °F), which is 1.8 times the global to increase 0.45 °C by 2100, and glaciers acres) may persist through 2080, in part mean increase (U.S. Geological Survey were projected to completely melt in due to annual avalanche inputs from an (USGS) 2010, p. 1). Warming also GNP by 2277 (Hall and Fagre 2003, pp. adjacent cirque wall (Brown et al. 2010, appears to be pronounced in alpine 137–138). p. 5). We are not aware of any other regions globally (e.g., Hall and Fagre We determined that the CO2 scenario published studies using more recent 2003, p. 134 and references therein). For was likely to better represent future air climate scenarios that speak directly to the purposes of this final rule, we temperature conditions and glacier anticipated conditions of the remaining consider the foreseeable future for persistence in GNP for multiple reasons. glaciers in GNP. Thus, we largely rely

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on Hall and Fagre’s (2003) projections The sources of meltwater that supply and to mature before reproducing under the CO2 scenario in our analysis, meltwater lednian and western glacier (Stewart and Harper 1996, p. 217). supplemented with more recent glacier- stonefly habitat are expected to be Given that both stonefly species are specific studies where appropriate (e.g., affected by the changing climate at believed to be poor dispersers (similar Brown et al. 2010, entire). different time intervals. In general, we to other Plecopterans; Baumann and The longevity of glaciers and expect all meltwater sources to decline Gaufin 1971, p. 277), recolonization of snowfields in GTNP and the Absaroka/ under a changing climate, given the previously occupied habitats is not Beartooth Wilderness is unknown. relationship between climate and glacial expected following dewatering and While most of these glaciers occur at melting (Hall and Fagre 2003, entire; extirpation events. Lack of higher elevations than those in GNP, Fagre 2005, entire) and recent climate recolonization by either stonefly species multiple factors other than elevation observations and modeling (IPCC 2014, is expected to lead to further isolation influence glacial retreat rates, including entire). It is likely that seasonal between extant occupied streams. size, latitude, and aspect (Janke 2007, p. snowpack levels will be most Currently, 107 streams (of 113) 80). Middle Teton glacier in GTNP is immediately affected by climate change, occupied by meltwater lednian stonefly projected to persist through the year as the frequency of more extreme and 12 streams (of 16) occupied by 2100 (Tootle et al. 2010, p. 29); weather events increases (IPCC 2014, p. western glacier stonefly are supplied by however, this projection is based on the 8). These extremes may result in seasonal snowpack, perennial assumption that future glacial retreat increased seasonal snowpack in some snowpack, ice masses, and some rates will be the same as those observed years and reduced snowpack in others. glaciers (Giersch et al. 2017, p. 2584; during the period of study (i.e., 1967– We expect that effects to meltwater Giersch 2017, pers. comm.). Meltwater 2006; Tootle et al. 2010, p. 29). This lednian stonefly habitats south of GNP from these sources is expected to scenario appears unlikely because may occur sooner in time than those become inconsistent by 2030 (Hall and glacier size is an important variable in discussed for GNP. The timing of Fagre 2003, p. 137). Although the rate at glacier retreat rates (Janke 2007, p. 80), snowfield and ice mass disappearance is which flows will be reduced or at which whereby the rate of glacial melting expected to be before the majority of dewatering events will occur in these increases as glaciers shrink. Thus, the glacial melting (i.e., 2030), because habitats is unclear, we expect, at a longevity of glaciers and snowfields in perennial snowpack and ice masses are minimum, to see decreases in GTNP and the Absaroka/Beartooth less dense than glaciers and typically abundance and distribution of both have smaller volumes of snow and ice. species as a result. By 2030, we also Wilderness is unclear at this time. However, alpine springs, at least those anticipate the remaining occupied Petersen Glacier in GTNP is a rock supplemented with groundwater, may habitats to be further isolated relative to glacier that provides meltwater to one continue to be present after complete current conditions. stream occupied by the western glacier glacial melting. Our analysis primarily Alpine springs—Declines in stonefly. A rock glacier is a glacier that focuses on effects to the meltwater meltwater sources are also expected to is covered by rocks and other debris. lednian stonefly and the western glacier affect flows in alpine springs, although The size of Petersen Glacier is unknown stonefly and their habitat within GNP likely on a longer time scale than for because it is mostly covered in rocks. because more data are available for meltwater streams. Flow from alpine However, rock glaciers melt more those areas. springs in the northern Rocky slowly than alpine glaciers because of Mountains originates from glacial or the insulating properties of the debris Streamflows snow meltwater in part, sometimes covering the main glacial ice mass Meltwater streams—Declines in supplemented with groundwater (Hauer (Janke 2007, p. 80; Pelto 2000, pp. 39– meltwater sources are expected to affect et al. 2007, p. 107). For this reason, 40; Brenning 2005, p. 237). Thus, cold- flows in meltwater streams in GNP. some alpine springs are expected to be water habitats originating from rock Glaciers and other meltwater sources act more climate-resilient and persist longer glaciers may be present longer into the as water banks, whose continual melt than meltwater streams and may serve future than from other meltwater maintains streamflows during late as refugia areas for meltwater lednian sources. summer or drought periods (Hauer et al. and western glacier stoneflies, at least in Loss of Other Meltwater Sources 2007, p. 107). Following glacier loss, the near term (Ward 1994, p. 283). declines in streamflow and periodic However, small aquifers feeding alpine Meltwater in meltwater lednian dewatering events are expected to occur springs are ultimately replenished by stonefly and western glacier stonefly in meltwater streams in the northern glacial and other meltwater sources in habitat is supplied by glaciers and rock Rocky Mountains (Hauer et al. 1997, p. alpine environments (Hauer et al. 1997, glaciers, as well as by four other 909; Leppi et al. 2012, p. 1105; Clark et p. 908). sources: (1) Seasonal snow, (2) al. 2015, p. 14). In similarly glaciated Once glaciers in GNP melt, small perennial snow, (3) alpine springs, and regions, intermittent stream flows have aquifer volumes and the groundwater (4) ice masses (Giersch et al. 2017, p. been documented following glacial influence they provide to alpine springs 2584). Seasonal snow is that which recession and loss (Robinson et al. 2015, are expected to decline. Thus by 2030, accumulates and melts seasonally, with p. 8). By 2030, the modeled distribution even flows from alpine springs the amount varying year to year of habitat with the highest likelihood of supplemented with groundwater are depending on annual weather events. supporting meltwater lednian stoneflies expected to decline (Hauer et al. 1997, Perennial snow is some portion of a is projected to decline by 81 percent in p. 910; Clark et al. 2015, p. 14). This snowfield that does not generally melt GNP, compared to the present amount expected pattern of decline is consistent on an annual basis, the volume of which of habitat (Muhlfeld et al. 2011, p. 342). with observed patterns of low flow from can change over time. Alpine springs Desiccation (drying) of these habitats, alpine springs in the Rocky Mountains originate from some combination of even periodically, could eliminate region and other glaciated regions meltwater from snow, ice masses or entire populations of the meltwater during years with little snowpack glaciers, and groundwater. Ice masses lednian stonefly and the western glacier (Hauer et al. 1997, p. 910; Robinson et are smaller than glaciers and do not stonefly because the aquatic nymphs al. 2015, p. 9). Further, following actively move as glaciers do. need perennial flowing water to breathe complete melting of glaciers, drying of

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alpine springs in GNP might be an increase in water temperatures above occupied streams) originate from alpine expected if annual precipitation fails to the physiological limits for survival or springs. Thus, despite the fact that recharge groundwater supplies. Changes optimal growth for the meltwater alpine springs may be more thermally in future precipitation levels due to lednian and western glacier stoneflies. stable than meltwater streams and climate change in the GNP region are As a result of melting glaciers and a provide thermal refugia to both the projected to range from relatively lower volume of meltwater input into meltwater lednian stonefly and the unchanged to a small (∼10 percent) streams, we expect upward elevational western glacier stonefly, a small annual increase (IPCC 2014, pp. 20–21). shifts of meltwater lednian stonefly and percentage of each species may benefit Only 6 streams (out of 113) occupied western glacier stonefly, as they track from these potential refugia. by meltwater lednian stonefly and 4 their optimal thermal preferences. Glacial lake outlets—Similar to alpine streams (out of 16) occupied by western However, both meltwater lednian springs, glacial lake outlets are more glacier stonefly originate from alpine stonefly and western glacier stonefly thermally stable habitats than meltwater springs. Thus, despite the potential for already occupy the most upstream streams. This situation is likely due to some alpine springs to provide refugia portions of these habitats and can move the buffering effect of large volumes of for both stonefly species after glaciers upstream only to the extent of the glacial lake water supplying these melt, only a few populations may receding glacier/snowfield. Once the habitats. It is anticipated that the benefit from these potential refugia. glaciers and snowfields completely buffering effects of glacial lakes will Glacial lake outlets—Similar to alpine melt, meltwater lednian stoneflies and continue to limit increases in water springs, flow from glacial lake outlets is western glacier stoneflies will have no temperature to outlet stream habitats, expected to diminish gradually physical habitat left to which to migrate even after the loss of glaciers. However, following the projected melting of most upstream. The likely result of this water temperatures are still expected to glaciers around 2030. Glacial lakes are scenario would be the extirpation of increase over time following complete expected to receive annual inflow from stoneflies from these habitats. Other glacial loss in GNP. It is unknown melting snow from the preceding indirect effects of warming water whether water temperature increases in winter, although the amount by which temperatures on both stonefly species glacial lake outlets will exceed it may be reduced after complete glacial could include encroaching aquatic presumed temperature thresholds for melting is unknown. Reductions in flow invertebrate species that may be meltwater lednian and western glacier from glacial lakes are expected to, at a superior competitors, or changed stonefly in the future. However, given minimum, decrease the amount of thermal conditions that may favor the the low water temperatures recorded in available habitat for both meltwater encroaching species in competitive habitats where both species have been lednian and western glacier stoneflies. interactions between the species collected, even small increases in water One occurrence each of the meltwater (condition-specific competition). temperature of glacial lake outlets may lednian stonefly and the western glacier The majority of streams occupied by be biologically significant and stonefly occupy a glacial lake outlet meltwater lednian stonefly and one detrimental to the persistence of both (Upper Grinnell Lake; Giersch et al. stream occupied by western glacier species for the reasons described 2015, p. 58; Giersch et al. 2017, p. 2588). stonefly are habitats that may warm previously. Thus, despite the fact that this habitat significantly by 2030, due to the One stream occupied by meltwater type may continue to provide refugia for projected complete melting of glaciers lednian stonefly and the western glacier both stonefly species even after the and snow and ice fields. Increasing stonefly is a glacial lake outlet (Upper complete loss of glaciers, a small water temperatures may be related to Grinnell Lake; Giersch et al. 2015, p. 58; percentage of each species may benefit recent distributional declines of western Giersch et al. 2017). Thus, despite the from these potential refugia. As such, glacier stoneflies within GNP (Giersch et fact that glacial lake outlets may be we conclude that habitat degradation in al. 2015, p. 61). more thermally stable than meltwater the form of reduced streamflows due to Alpine springs—Although meltwater streams and provide thermal refugia to the effects of climate change will impact contributions to alpine springs are both the meltwater lednian stonefly and 95 percent of streams occupied by expected to decline as glaciers and the western glacier stonefly, a small meltwater lednian stonefly and 75 perennial snow melt, water temperature percentage of each species may benefit percent of streams occupied by western at the springhead may remain relatively from these potential refugia. glacier stonefly populations within the consistent due to the influence of Consequently, we conclude that changes foreseeable future. groundwater, at least in the short term. in water temperature from climate The springhead itself may provide change are a threat to most populations Water Temperature refugia for both meltwater lednian and of both stonefly species now and into Meltwater streams—Glaciers act as western glacier stoneflies, although the future. water banks, whose continual melting stream reaches below the actual maintains suitable water temperatures springhead are expected to exhibit Maintenance and Improvement of for meltwater lednian stonefly and similar increases in water temperature National Park Infrastructure western glacier stonefly during late in response to loss of glacial meltwater Glacier National Park and Grand summer or drought periods (Hauer et al. as those described for meltwater Teton National Park are managed to 2007, p. 107; USGS 2010). As glaciers streams. However, as described above, protect natural and cultural resources, melt and contribute less volume of some alpine springs may eventually dry and the landscapes within these parks meltwater to streams, water up after glacier and snowpack loss, if are relatively pristine. However, both temperatures are expected to rise (Hauer annual precipitation fails to recharge National Parks include a number of et al. 1997, p. 909; Clark et al. 2015, p. groundwater supplies (Hauer et al. human-built facilities and structures 14). Aquatic invertebrates have specific 1997, p. 910; Robinson et al. 2015, p. 9). that support visitor services, recreation, temperature needs that influence their Only six streams occupied by the and access, such as the Going-to-the- distribution (Fagre et al. 1997, p. 763; meltwater lednian stonefly (5 percent of Sun Road (which bisects GNP) and Lowe and Hauer 1999, pp. 1637, 1640, total known occupied streams) and four numerous visitor centers, trailheads, 1642; Hauer et al. 2007, p. 110); streams occupied by the western glacier overlooks, and lodges (e.g., NPS 2003a, complete glacial melting may result in stonefly (25 percent of total known pp. S3, 11). Maintenance and

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improvement of these facilities and August (Giersch 2010a, pers. comm.), expected to further reduce or degrade structures could conceivably lead to making them accessible for only a few remaining refugia habitat (alpine springs disturbance of the natural environment. months annually. We also note that the and glacial lake outlets) for both In the proposed listing rule, we most accessible collection sites in Logan meltwater lednian and western glacier mentioned we were aware of one water Creek near the Logan Pass Visitor Center stoneflies. In GTNP and the Absaroka/ diversion on Logan Creek in GNP that and the Going-to-the-Sun Road in GNP Beartooth Wilderness, we expect a was scheduled to be retrofitted by the are currently closed to public use and similar pattern of meltwater stream NPS. Logan Creek is occupied by entry to protect resident vegetation (NPS warming and potential drying. Projected meltwater lednian stoneflies. Since 2010, pp. J5, J24). Collection sites of habitat changes are based on observed publication of the proposed listing rule, western glacier stoneflies in GTNP are patterns of flow and water temperature the water diversion retrofit project has also relatively inaccessible to most in similar watersheds elsewhere where been redesigned to avoid any visitors. We conclude that impacts to glaciers have already melted. dewatering or instream work in the the meltwater lednian and western We have observed a declining trend in proposed section of Logan Creek glacier stonefly and their habitat from western glacier stonefly distribution (Aceituno 2017, pers. comm.). Thus, National Park visitors are not likely to over the last 50 years, as air this project is no longer expected to occur. temperatures have warmed in GNP. The impact meltwater lednian stoneflies, addition of newly reported populations and we no longer incorporate this Wilderness Area Visitor Impacts of western glacier stonefly provides project into our analysis. Three streams occupied by meltwater increased redundancy for the species We do not have any information lednian stonefly are located in across its range, bringing the total indicating that maintenance and wilderness areas adjacent to GNP, and number of known occupied streams to improvement of other GNP or GTNP six streams occupied by the western 13 (up from 4 occupied streams at the facilities and structures is affecting glacier stonefly are located in the time of publishing of the proposed rule). either meltwater lednian or western Absaroka/Beartooth Wilderness. Visitor However, the resiliency of all known glacier stoneflies or their habitat. While activities in wilderness areas are similar populations remains low because roads and trails provide avenues for to those described for National Parks, western glacier stonefly inhabit the most recreationists (primarily hikers) to namely hiking and angling. No upstream reaches of their meltwater access backcountry areas, most habitats recreational hiking trails are present habitats and cannot disperse further for both the meltwater lednian stonefly near the two streams occupied by upstream if water temperatures warm and the western glacier stonefly are meltwater lednian stonefly in the Bob beyond their thermal tolerances. We located in steep, rocky areas that are not Marshall Wilderness and Great Bear expect the meltwater lednian stonefly to easily accessible, even from backcountry Wilderness (USFS 2015, p. 1) or near follow a similar trajectory, given the trails. Most documented occurrences of the stream occurring in the Mission similarities between the two stonefly both species are in remote locations Mountain Tribal Wilderness. There are species and their meltwater habitats. upstream from human-built structures, several hiking trails near streams Consequently, we conclude that habitat thereby precluding any impacts to occupied by the western glacier stonefly fragmentation and degradation resulting stonefly habitat from maintenance or in the Absaroka/Beartooth Wilderness. from climate change are significantly improvement of these structures. Given Similar to the National Parks, stream affecting both the meltwater lednian and the above information, we conclude that reaches that harbor the meltwater western glacier stoneflies now and into maintenance and improvement of lednian stonefly and the western glacier the future. Given the minimal overlap National Park facilities and structures, stonefly in these wilderness areas are between stonefly habitat and most and the resulting improved access into likely fishless due to the high gradient, existing infrastructure or backcountry the backcountry for recreationists, are so wade anglers are not expected to activities (e.g., hiking), we conclude any unlikely to affect meltwater lednian or disturb stonefly habitat. Given the impacts from these activities on either western glacier stonefly or their habitat. remote nature of and limited access to the meltwater lednian stonefly or the meltwater stonefly and western glacier National Park Visitor Impacts western glacier stonefly are low. stonefly habitat in wilderness areas, we In 2015, GNP hosted 2.3 million do not anticipate any current or future Factor B. Overutilization for Commercial, Recreational, Scientific, or visitors (NPS 2015, entire) and, in 2016, threats to meltwater lednian stoneflies Educational Purposes GTNP hosted 4.8 million visitors (NPS or western glacier stoneflies or their 2016, entire). A few of the recent respective habitats from visitor use. We are not aware of any threats collection sites for the meltwater involving the overutilization or lednian stonefly (e.g., Logan and Summary of Factor A collection of the meltwater lednian or Reynolds Creeks in GNP) are more In summary, we expect climate western glacier stonefly for any accessible to the public or adjacent to change impacts to fragment or degrade commercial, recreational, or educational popular hiking trails in GNP and GTNP. all habitat types that are currently purposes at this time. We are aware that Theoretically, human activity (wading) occupied by meltwater lednian and specimens of both species are in streams by anglers or hikers could western glacier stoneflies, albeit at occasionally collected for scientific disturb meltwater lednian stonefly different rates. Flows in meltwater purposes to determine their distribution habitat. However, we consider it streams are expected to be affected first, and abundance (e.g., Baumann and unlikely that many National Park by becoming periodically intermittent Stewart 1980, pp. 655, 658; NPS 2009; visitors would actually wade in stream and warmer. Drying of meltwater Muhlfeld et al. 2011, entire; Giersch et habitats where the species has been streams and water temperature al. 2015, entire). However, both species collected, because the sites are in small, increases, even periodically, are are comparatively abundant in high-elevation streams situated in expected to reduce available habitat in remaining habitats (e.g., NPS 2009; rugged terrain, and most would not be GNP for the meltwater lednian stonefly Giersch 2016, pers. comm.), and we suitable for angling due to the absence by 81 percent by 2030. After 2030, flow have no information to suggest that past, of fish. In addition, the sites in GNP are reductions and water temperature current, or any collections in the near typically snow covered into late July or increases due to continued warming are future will result in population-level

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effects to either species. Consequently, species. A thorough analysis of existing potential to disproportionately affect we do not consider overutilization for regulatory mechanisms was carried out large numbers of individuals or commercial, recreational, scientific, or and described in the proposed listing populations, relative to a more widely educational purposes to be a threat to rule (81 FR 68379, October 4, 2016). No distributed species. A restricted range the meltwater lednian or western glacier local, State, or Federal laws specifically and stochastic events may have greater stonefly now or in the near future. protect the meltwater lednian or impacts on western glacier stonefly, compared to meltwater lednian stonefly, Factor C. Disease or Predation western glacier stonefly. because of considerably fewer We are not aware of any diseases that Factor E. Other Natural or Manmade populations. However, meltwater affect the meltwater lednian or western Factors Affecting Its Continued lednian stonefly is a narrow endemic as glacier stonefly. Therefore, we do not Existence well and may be at higher risk of consider disease to be a threat to these Small Population Size/Genetic Diversity random events when compared to a species now or in the near future. Small population size can increase more widely distributed species. The We presume that nymph and adult risk to meltwater lednian and western meltwater lednian and western glacier risk of extinction, if genetic diversity is not maintained (Fausch et al. 2006, p. glacier stoneflies from fire appears low, stoneflies may occasionally be subject to given that most alpine environments 23; Allendorf et al. 1997, entire). predation by bird species such as within the species’ habitats have few Genetic diversity in the meltwater American dipper (Cinclus mexicanus) trees and little vegetation to burn. The lednian stonefly is declining and lower or predatory aquatic insects. Fish and risk to both species from flooding also than that of two other stonefly species amphibians are not potential predators appears low, given the relatively small (Jordan et al. 2017, p. 9). Genetic because these species do not occur in watershed areas available to capture and diversity of western glacier stonefly is the stream reaches containing the channel precipitation upslope of most lower than other species in the Zapada meltwater lednian stonefly and the stonefly occurrences. western glacier stonefly. The American genus sampled in GNP (Giersch et al. The risk to the meltwater lednian dipper prefers to feed on aquatic 2015, p. 63). It is presumed that low stonefly from drought appears moderate invertebrates in fast-moving, clear genetic diversity in meltwater lednian in the near term because 59 of 113 alpine streams, and the species is native stoneflies and western glacier stoneflies occupied streams are supplied by to GNP. As such, predation by American is linked to small effective population seasonal or perennial snowmelt, which dipper on these species would represent sizes and population isolation (Jordan et would be expected to decline first a natural ecological interaction in the al. 2017, p. 9; Giersch et al. 2015, p. 63). during drought. For the western glacier GNP (see Synergistic Effects section Population isolation can limit or stonefly, the threat of drought is also below for analysis on potential preclude genetic exchange between moderate because 6 of 16 occupied predation/habitat fragmentation populations (Hotaling et al. 2017, p. 9; streams are likely to be affected by synergy). Similarly, predation by other Fausch et al. 2006, p. 8). However, it is variations in seasonal precipitation and aquatic insects would represent a unclear how far into the future snowpack. The risk of drought in the natural ecological interaction between population-level effects from loss of longer term (after 2030 and when the species. We have no evidence that genetic diversity may appear in the complete loss of glaciers is projected) the extent of such predation, if it occurs, meltwater lednian and western glacier appears high for both stonefly species. represents any population-level threat to stonefly. Loss of genetic diversity is Once glaciers melt, drought or extended either meltwater lednian or western typically not an immediate threat even drought could result in dewatering glacier stonefly, especially given that in isolated populations with small events in some habitats. Dewatering densities of individuals within many of effective population sizes (Palstra and events would likely extirpate entire these populations are high. Therefore, Ruzzante 2008, p. 3441), but rather is a populations almost instantaneously. we do not consider predation to be a symptom of deterministic processes Natural recolonization of habitats threat to these species now or in the acting on the population (Jamieson and affected by drought is unlikely, given near future. In summary, the best Allendorf 2012, p. 580). In other words, the presumed poor dispersal abilities of available scientific and commercial loss of genetic diversity due to small both stonefly species and general information does not indicate that the effective population size typically does isolation of populations relative to one meltwater lednian or western glacier not drive species to extinction (Jamieson another (Hauer et al. 2007, pp. 108– stonefly is affected by any diseases, or and Allendorf 2012, entire); other 110). Thus, we conclude that drought (a that natural predation occurs at levels processes, such as habitat degradation, stochastic event) will be a threat to both likely to negatively affect either species have a more immediate and greater the meltwater lednian stonefly and the at the population level. Therefore, we impact on species persistence (Jamieson western glacier stonefly in the future. do not find disease or predation to be and Allendorf 2012). We acknowledge Summary of Factor E threats to the meltwater lednian or that loss of genetic diversity can occur western glacier stonefly now or in the in small populations; however, in this The effect of small population size near future. case, it appears that projected effects to and loss of genetic diversity does not habitat are the primary threat to both appear to be having immediate impacts Factor D. The Inadequacy of Existing stonefly species, not a loss of genetic on the meltwater lednian stonefly or the Regulatory Mechanisms diversity that may take many years to western glacier stonefly, given the high Section 4(b)(1)(A) of the Endangered manifest. densities of individuals within many Species Act requires the Service to take streams and that potential effects from into account ‘‘those efforts, if any, being Restricted Range and Stochastic loss of genetic diversity would likely made by any State or foreign nation, or (Random) Events occur beyond the timeframe in which any political subdivision of a State or Narrow endemic species can be at risk habitat-related threats are expected to foreign nation, to protect such species. of extirpation from random events such occur. However, the restricted range of . . .’’ We consider relevant Federal, as fire, flooding, or drought. Random the meltwater lednian and western State, and Tribal laws and regulations events occurring within the narrow glacier stonefly make both species when evaluating the status of the range of endemic species have the vulnerable to the stochastic threat of

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drought, which is expected to negatively 4. We incorporated information on habitat may be not prudent, and we affect both species within the future. site-specific differences in geology, have determined that a designation of glacial persistence, and stonefly density critical habitat for these species is not Summary of Changes From the between GNP and GTNP. This prudent, as discussed further below. Proposed Rule information clarified differences in Summary of Comments and Based on information received during habitat and stonefly density across the the peer review process and public range of the western glacier stonefly and Recommendations comment periods, we made the was incorporated into our analysis In the proposed rule published on following substantive changes (listed under Factor A. October 4, 2016 (81 FR 68379), we below) to the Background portion of the 5. We updated literature citations requested that all interested parties preamble to this final listing rule. In throughout Factors A and E. We submit written comments on the addition, we have added species- updated several pieces of literature that proposal by December 5, 2016. We also specific provisions to 50 CFR 17.47 as were originally cited as unpublished contacted appropriate Federal and State a result of new rulemaking actions that reports, but were subsequently agencies, scientific experts and pertain to the listing of threatened published in scientific journals after the organizations, and other interested species; these rulemaking actions and proposed listing rule published in the parties and invited them to comment on the subsequent additions to this rule are Federal Register. We incorporated one the proposal. Newspaper notices described in section II of the preamble study on meltwater lednian stonefly inviting general public comment were (see below), and the regulatory genetics that was not cited in the published in the Kalispell InterLake, provisions are set forth at the end of this proposed rule (Jordan et al. 2017) in Great Falls Tribune, Bozeman document in the rule language. The Factor E. We also incorporated two Chronicle, Billings Gazette, and Jackson prohibitions provided under this 4(d) additional studies (Clark et al. 2015; Hole News and Guide. On October 31, rule do not differ from those proposed Leppi et al. 2012) on the projected 2017, we reopened the comment period for the species; however, the manner in effects of climate change on stream on our proposed listing rule to allow the which they are implemented (via a runoff in Factor A. public to comment on new information species-specific rule rather than 6. We clarified minor inaccuracies regarding the known distribution of referring to the ‘‘blanket’’ rule at 50 CFR related to stonefly distribution and western glacier stonefly (82 FR 50360). 17.31) has changed. dispersal capability. This included We did not receive any requests for a 1. We incorporated new distribution clarifying areas of uncertainty. public hearing. All substantive information for the meltwater lednian 7. We incorporated potential effects of information provided during both stonefly and western glacier stonefly. population isolation into our analysis of comment periods has either been This information became available to us Factor E. We added a paragraph incorporated directly into this final after the proposed listing rule was discussing the potential effects of determination or addressed below. published and included a small range population isolation and reduced expansion for the meltwater lednian genetic diversity on stonefly viability. Peer Reviewer Comments stonefly (southwestern Alberta, Canada) 8. We changed the terminology used In accordance with our peer review and large range expansion for western to describe the distribution of the two glacier stonefly of about 500 km (311 species. We used the term policy published on July 1, 1994 (59 FR mi) south from their previously known ‘‘populations’’ in the proposed listing 34270), we solicited expert opinion range, to now include multiple streams rule to reference groups of stoneflies in from seven knowledgeable individuals in GTNP in Wyoming and the Absaroka/ certain areas that we believed likely with scientific expertise that included Beartooth Wilderness in Montana. This constituted an interbreeding population. familiarity with stoneflies and their new information updated the number of However, there is no empirical evidence habitat, biological needs, and threats. known streams occupied by western to support the use of the term We received responses from three of the glacier stonefly from 4 to 16. This ‘‘population,’’ so we now refer instead peer reviewers. information was incorporated into the to the number of distinct streams that We reviewed all comments received analyses under Factors A and E. are occupied by both stonefly species from the peer reviewers for substantive 2. We incorporated genetics when discussing their distribution and issues and new information regarding information from a new study by current and future status. The the listing of meltwater lednian stonefly Hotaling et al. 2017. This new study terminology change was incorporated and western glacier stonefly. The peer confirmed through genetic analysis that into our analyses under Factors A and reviewers generally concurred with our the western glacier stonefly was present E. methods and conclusions and provided in multiple streams in GTNP in 9. We reevaluated whether critical additional information, clarifications, Wyoming and the Absaroka/Beartooth habitat for both stonefly species is and suggestions to improve the final Wilderness in Montana. This prudent. Our October 4, 2016, proposed rule. Peer reviewer comments are information represents the most current rule included a determination that addressed in the following summary assessment of genetic information for critical habitat for the meltwater lednian and incorporated into this final rule as western glacier and meltwater lednian stonefly and western glacier stonefly appropriate. stonefly and was not available when the was prudent but not determinable at (1) Comment: Several peer reviewers proposed listing rule was published. that time (81 FR 68379). Since that time, noted that new genetics information This new information was incorporated the Service finalized regulations related (i.e., Hotaling et al. 2017) for meltwater into the analyses under Factors A and to listing species and designating lednian and western glacier stoneflies E. critical habitat (84 FR 45020, August 27, was now available that was not 3. We incorporated information on 2019), which revised the regulations available when the proposed listing rule how rock glaciers might respond to that implement section 4 of the Act and was published. climate change under Factor A. Rock clarify circumstances in which critical Our Response: We are aware of the glaciers are debris-covered glaciers that habitat may be found not prudent. genetic analysis by Hotaling et al., and are expected to melt more slowly than Regulations at 50 CFR 424.12(a)(1) we have fully incorporated their normal glaciers. provide the circumstances when critical findings and conclusions into this final

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listing rule in the Factors A and E number of occupied streams translated the species survive catastrophic events. analyses. to the number of stonefly populations. However, the primary threat to western (2) Comment: One peer reviewer Our Response: We deleted any glacier stonefly habitat is habitat noted that at least one stream occupied reference to a specific number of degradation and fragmentation from by western glacier stonefly originates stonefly populations in the final listing climate change. We expect climate from a rock glacier. Since rock glaciers rule. Instead, we report the number of change to have similar, negative effects are covered by debris, their rate of streams known to be occupied by on western glacier stonefly habitat melting may differ from those glaciers meltwater lednian and western glacier rangewide. Thus, increased redundancy, not covered by debris. The reviewer stoneflies. This approach is consistent in this case, is not expected to translate suggested we add a brief description of with the terminology and methodology into increased resiliency or increased this potential phenomenon. used in Giersch et al. 2017, which is the species viability. In addition, we must Our Response: We added a paragraph best available science on the status and base our listing determination on the to this final listing rule discussing this distribution of both stonefly species. best available scientific and commercial phenomenon and its implications for These changes were made in information, and we have no western glacier stonefly habitat in our Background and in our Factors A and E information that western glacier stonefly Factor A analyses. analyses. occur in other areas than where the (3) Comment: One peer reviewer Comments From States species is currently known. noted that the Service did not consider Public Comments differences in geology, glacial (8) Comment: A comment from one persistence, and stonefly density State expressed concern that the genetic (10) Comment: One public commenter between GNP and GTNP in the information on western glacier stonefly noted an interest in seeing more proposed rule. relied upon in the proposed listing rule information obtained and reviewed in Our Response: We made several was incomplete. The State provided regard to obtaining a better clarifications and added information on evidence that a more robust genetic understanding of the true extent of the suggested topics in this final listing analysis was under way, the results stonefly habitat, the consequences of rule in our Factor A analyses. (contained in Hotaling et al. 2017) of these species being listed on GNP’s (4) Comment: Several peer reviewers which would aid in highlighting the visitation and infrastructure, and what noted that newer literature citations distinctness or relatedness among measures may be taken on a local level were available to support statements western glacier stoneflies across their to help these species survive and grow made in the proposed listing rule with known range. in order to prevent economic and other regard to stonefly genetics and Our Response: We were aware of the hardships that come with listing. population isolation. ongoing genetic analysis by Hotaling et Our Response: According to the Act, Our Response: We incorporated the al., and now that the results are we must base our determination on the newer literature citations (i.e., Giersch available, we have fully incorporated best available scientific information. We 2017, pers. comm.; Giersch et al. 2015; their findings/conclusions into the final included the results of the most recent Giersch et al. 2017; Jordan et al. 2017; listing rule in our Factors A and E status review of meltwater lednian and Hotaling et al. 2017) and updated all analyses. western glacier stonefly (i.e., Giersch et stonefly occurrence data with the most (9) Comment: One State provided the al. 2017) in this final listing rule in our current information from Giersch et al. results of a recent genetics study Factor A analyses. The Service is not 2017 in Background and our Factors A (Hotaling et al. 2017) that confirmed allowed to consider economic impacts and E analyses. western glacier stonefly presence in in our determination on whether to list (5) Comment: Several peer reviewers GTNP and the Absaroka/Beartooth a species under the Act. However, we noted inaccuracies in the proposed Wilderness. The State did not support believe that those impacts would be listing rule in regard to how the Service listing the western glacier stonefly. minimal, given the limited overlap of described stonefly distribution and Based on the results of the provided stonefly habitats with areas of visitor dispersal capability. information that the species was more use and park infrastructure. Our Response: We clarified areas of widespread than previously believed, Conservation measures are addressed in uncertainty with respect to stonefly the State suggested this information this document below under ‘‘Available distribution and dispersal capability. could indicate the species is likely Conservation Measures.’’ The Service also added several present in more areas to the north and (11) Comment: One commenter clarifying statements on stonefly south of where it is currently known. expressed support for listing both distribution to highlight areas of Our Response: We incorporated the stonefly species and provided a link to uncertainty in Background and our results of Hotaling et al. 2017 into this a scientific journal article describing a Factors A and E analyses. final listing rule. A review of satellite 75 percent decline in winged insects in (6) Comment: One peer reviewer imagery indicates there may be some Germany over the past 27 years. noted that the Service did not fully patches of permanent snow/ice (and Our Response: The scientific account for the potential effects of thus potential western glacier stonefly information in the provided journal population isolation in our threats habitat) in the Wyoming and Wind article indicates a long-term decline in analysis. River ranges of Wyoming, south of a suite of winged insects in Germany. Our Response: We added a paragraph Grand Teton National Park. However, However, the insects in this study did on the potential effects of population we are not aware of any surveys that not have an aquatic life-history isolation, including recent genetics have been conducted in that area. The component like both meltwater lednian information from Jordan et al. 2017, in USGS has sampled in some areas stonefly and western glacier stonefly, our Factor E analyses. between Grand Teton National Park/ and occupied much different habitat (7) Comment: Several peer reviewers Beartooth and Glacier National Park, but types. Further, climate variables were noted that we used the term have not documented western glacier not found to be significant drivers of the ‘‘population’’ in the proposed listing stoneflies in that area. An increase in documented insect biomass decline. rule, but that it was never defined or western glacier stonefly redundancy Thus, we did not find the results from there was no explanation of how the across their range is expected to help the provided study informative to trend

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observations of stoneflies. Therefore, we by several factors that are expected to from climate change are currently did not include information from the reduce the overall viability of the affecting habitat for the meltwater provided study in our assessment of species to the point that it meets the lednian stonefly and the western glacier either stonefly species. Rather, we definition of a threatened species. stonefly (Factor A). Most glaciers in considered studies specific to meltwater Therefore, on the basis of the best GNP are expected to melt by 2030, lednian stonefly, western glacier available scientific and commercial based on past empirical melting rates stonefly, and other more closely related information, we are listing the and projections of future air temperature species in similar geographic areas to be meltwater lednian stonefly and western increases in a region that is warming at the best available scientific information glacier stonefly as threatened species in 1.8 times the global rate. Habitat with a on which to base our assessment. accordance with sections 3(6) and high probability of occupancy for the (12) Comment: Two joint commenters 4(a)(1) of the Act. meltwater lednian stonefly is modeled expressed support for listing both We find that an endangered species to decrease 81 percent by 2030 stonefly species and provided multiple status is not appropriate for the (Muhlfeld et al. 2011, p. 342). Drought scientific journal articles for the Service meltwater lednian stonefly because the is also expected to affect habitat to assess. species is not currently in danger of occupied by meltwater lednian stonefly Our Response: Of the 10 scientific extinction as it faces relatively low near- and western glacier stonefly that is articles provided, 3 (Jordan et al. 2016; term risk of extinction. Although the supplied by those meltwater sources Giersch et al. 2016; Treanor et al. 2013) effects of climate change and drought (Factor E). These threats and responses were already included and cited in the are currently affecting, and expected to are reasonably foreseeable because some proposed listing rule. Three of the other continue affecting, the alpine habitats are already evident and we have no articles provided (Hotaling et al. 2017a; occupied by the meltwater lednian indication that the rate of climate Clark et al. 2015; Leppi et al. 2012) were stonefly, meltwater sources are expected change will slow within the foreseeable added to the final listing rule in our to persist in the form of alpine springs future. As a result of this anticipated Factors A and E analyses. The and glacial lake outlets after the loss of habitat, only a few refugia remaining four articles (Hotaling et al. projected melting of most glaciers in streams and springs are expected to 2017b; Wuebbles et al. 2017; Chang and GNP by 2030. Densities and estimated persist in the longer term. Hansen 2015; Al-Chokhacky et al. 2013) abundance of the meltwater lednian Recolonization of habitats where known were broad in nature (large-scale climate stonefly are currently relatively high. In occurrences of either species are information relevant to other addition, some habitats that are extirpated is not anticipated, given the ecosystems and species) and were not supplied by seasonal snowpack presumed poor dispersal abilities of included in the final listing rule because continue to be occupied by meltwater both species. Thus, after assessing the we had finer scale information more lednian stonefly. These findings suggest best available information, we conclude relevant to western glacier stonefly and that, as climate change continues to that meltwater lednian stonefly and the meltwater lednian stonefly and their impact stonefly habitat, some western glacier stonefly are not habitats. populations will likely persist in refugia currently in danger of extinction, but are areas at least through the foreseeable likely to become in danger of extinction Determination of Western Glacier future. within the foreseeable future throughout Stonefly and Meltwater Lednian We also find that an endangered all of their ranges. Stonefly Status species status is not appropriate for the Status Throughout a Significant Portion Status Throughout All of Its Range western glacier stonefly because the species is not currently in danger of of Its Range We find that the meltwater lednian extinction as it faces relatively low near- Under the Act and our implementing stonefly is likely to become endangered term risk of extinction. Although the regulations, a species may warrant throughout all of its range within the effects of climate change and drought listing if it is in danger of extinction or foreseeable future. The meltwater are currently affecting, and expected to likely to become so in the foreseeable lednian stonefly occupies a relatively continue affecting, the alpine habitats future throughout all or a significant narrow range of alpine habitats that are occupied by the western glacier portion of its range. Where the best expected to become fragmented and stonefly, meltwater sources are expected available information allows the degraded by climate change, based on to persist in the form of alpine springs Services to determine a status for the empirical glacier melting rates. and glacial lake outlets after the species rangewide, that determination Meltwater stonefly habitat is likely to be projected melting of most glaciers in should be given conclusive weight impacted by several factors that are GNP by 2030. Although only 16 streams because a rangewide determination of expected to reduce the overall viability are known to be occupied by western status more accurately reflects the of the species to the point that it meets glacier stonefly, densities and estimated species’ degree of imperilment and the definition of a threatened species. abundance of the western glacier better promotes the purposes of the Act. We also find that the western glacier stonefly are currently relatively high in Under this reading, we should first stonefly is likely to become endangered many streams. These findings suggest consider whether the species warrants throughout all of its range within the that, as climate change continues to listing ‘‘throughout all’’ of its range and foreseeable future. Similar to meltwater impact stonefly habitat, some proceed to conduct a ‘‘significant lednian stonefly, the western glacier populations will likely persist in refugia portion of its range’’ analysis if, and stonefly occupies a relatively narrow areas at least through the foreseeable only if, a species does not qualify for range of alpine habitats that are future. listing as either an endangered or a expected to become fragmented and After evaluating threats to the species threatened species according to the degraded by climate change, based on and assessing the cumulative effect of ‘‘throughout all’’ language. We note that empirical glacier melting rates. In the threats under the section 4(a)(1) the court in Desert Survivors v. addition, decreasing distribution of factors, we have determined that habitat Department of the Interior, No. 16–cv– western glacier stonefly has been fragmentation and degradation in the 01165–JCS, 2018 WL 4053447 (N.D. Cal. documented in GNP. Western glacier form of declining streamflows and Aug. 24, 2018), did not address this stonefly habitat is likely to be impacted increasing water temperatures resulting issue, and our conclusion is therefore

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consistent with the opinion in that case. used to develop a recovery plan. whenever it becomes available and any Because we have determined that the Revisions of the plan may be done to information you may have for recovery meltwater lednian stonefly and the address continuing or new threats to the planning purposes (see FOR FURTHER western glacier stonefly are likely to species, as new substantive information INFORMATION CONTACT). become an endangered species within becomes available. The recovery plan Section 7(a) of the Act requires the foreseeable future throughout all of identifies site-specific management Federal agencies to evaluate their their ranges, we find it unnecessary to actions that set a trigger for review of actions with respect to any species that proceed to an evaluation of potentially the five factors that control whether a is listed as an endangered or threatened significant portions of the range. species remains endangered or may be species and with respect to its critical downlisted or delisted, and methods for Determination of Status habitat, if any is designated. Regulations monitoring recovery progress. Recovery implementing this interagency Our review of the best available plans also establish a framework for cooperation provision of the Act are scientific and commercial information agencies to coordinate their recovery codified at 50 CFR part 402. Section indicates that the meltwater lednian efforts and provide estimates of the cost 7(a)(2) of the Act requires Federal stonefly and the western glacier stonefly of implementing recovery tasks. agencies to ensure that activities they meet the definition of threatened Recovery teams (composed of species authorize, fund, or carry out are not species. Therefore, we are listing the experts, Federal and State agencies, likely to jeopardize the continued meltwater lednian stonefly and the nongovernmental organizations, and existence of any endangered or western glacier stonefly as threatened stakeholders) are often established to threatened species or destroy or species in accordance with sections develop recovery plans. When adversely modify its critical habitat. If a 3(20) and 4(a)(1) of the Act. completed, the recovery outline, draft Federal action may affect a listed Available Conservation Measures recovery plan, and the final recovery species or its critical habitat, the plan will be available on our website responsible Federal agency must enter Conservation measures provided to (http://www.fws.gov/endangered) or into consultation with the Service. species listed as endangered or from our Montana Ecological Services Federal agency actions within the threatened species under the Act Field Office (see FOR FURTHER species’ habitat that may require include recognition, recovery actions, INFORMATION CONTACT). conference or consultation or both as requirements for Federal protection, and Implementation of recovery actions described in the preceding paragraph prohibitions against certain practices. generally requires the participation of a include management and any other Recognition through listing results in broad range of partners, including other landscape-altering activities on Federal public awareness and conservation by Federal agencies, States, Tribal, lands administered by the U.S. Forest Federal, State, Tribal, and local nongovernmental organizations, Service (Flathead and Custer/Gallatin agencies, private organizations, and businesses, and private landowners. National Forests) and NPS (GNP, individuals. The Act encourages Examples of recovery actions include GTNP); issuance of section 404 Clean cooperation with the States and requires habitat restoration (e.g., restoration of Water Act permits by the Army Corps of that recovery actions be carried out for native vegetation), research, captive Engineers; and construction and all listed species. The protection propagation and reintroduction, and maintenance of roads or highways by required by Federal agencies and the outreach and education. The recovery of the Federal Highway Administration. prohibitions against certain activities many listed species cannot be It is our policy, as published in the are discussed, in part, below. accomplished solely on Federal lands The primary purpose of the Act is the Federal Register on July 1, 1994 (59 FR because their range may occur primarily 34272), to identify to the maximum conservation of endangered and or solely on non-Federal lands. To threatened species and the ecosystems extent practicable at the time a species achieve recovery of these species is listed, those activities that would or upon which they depend. The ultimate requires cooperative conservation efforts goal of such conservation efforts is the would not constitute a violation of on private, State, and Tribal lands. section 9 of the Act. The intent of this recovery of these listed species, so that Following publication of this final they no longer need the protective policy is to increase public awareness of listing rule, funding for recovery actions the effect of a listing on proposed and measures of the Act. Subsection 4(f) of will be available from a variety of ongoing activities within the range of the Act requires the Service to develop sources, including Federal budgets, the species being listed. The discussion and implement recovery plans for the State programs, and cost share grants for below about the 4(d) rule complies with conservation of endangered and non-Federal landowners, the academic our policy. threatened species. The recovery community, and nongovernmental planning process involves the organizations. In addition, pursuant to II. Final Rule Issued Under Section 4(d) identification of actions that are section 6 of the Act, the State(s) of of the Act necessary to halt or reverse the species’ Montana and Wyoming will be eligible Background decline by addressing the threats to its for Federal funds to implement survival and recovery. The goal of this management actions that promote the Section 4(d) of the Act states that the process is to restore listed species to a protection or recovery of the meltwater ‘‘Secretary shall issue such regulations point where they are secure, self- lednian stonefly and/or western glacier as he deems necessary and advisable to sustaining, and functioning components stonefly. Information on our grant provide for the conservation’’ of species of their ecosystems. programs that are available to aid listed as threatened. The U.S. Supreme Recovery planning includes the species recovery can be found at: http:// Court has noted that very similar development of a recovery outline www.fws.gov/grants. statutory language demonstrates a large within 30 days of when the species is Please let us know if you are degree of deference to the agency (see listed and preparation of a draft and interested in participating in recovery Webster v. Doe, 486 U.S. 592 (1988)). final recovery plan. The recovery efforts for the meltwater lednian Conservation is defined in the Act to outline guides the immediate stonefly and western glacier stonefly. mean ‘‘the use of all methods and implementation of urgent recovery Additionally, we invite you to submit procedures which are necessary to bring actions and describes the process to be any new information on these species any endangered species or threatened

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species to the point at which the 4(d) rule for each species that we stoneflies, including: Trail construction measures provided pursuant to [the Act] determine meets the definition of a and maintenance, road maintenance and are no longer necessary.’’ Additionally, threatened species. In the preamble to repair, etc. Regulating these activities section 4(d) of the Act states that the our 2016 proposed rule, we determined may help preserve the species’ Secretary ‘‘may by regulation prohibit that a rule that included the remaining populations, slow its rate of with respect to any threatened species prohibitions set forth in 50 CFR 17.21 decline, and decrease synergistic, any act prohibited under section 9(a)(1), for endangered species would be negative effects from other stressors. in the case of fish or wildlife, or section necessary and advisable for the Under the Act, ‘‘take’’ means to 9(a)(2), in the case of plants.’’ Thus, conservation of the meltwater lednian harass, harm, pursue, hunt, shoot, regulations promulgated under section stonefly and the western glacier wound, kill, trap, capture, or collect, or 4(d) of the Act provide the Secretary stonefly. Consequently, we are to attempt to engage in any such with wide latitude of discretion to select promulgating a species-specific 4(d) rule conduct. Some of these provisions have appropriate provisions tailored to the that outlines the protections that were been further defined in regulation at 50 specific conservation needs of the described in the 2016 proposed rule; see CFR 17.3. Take can result knowingly or threatened species. The statute grants Provisions of the 4(d) Rule, below. otherwise, by direct and indirect particularly broad discretion to the Although the statute does not require impacts, intentionally or incidentally. Service when adopting the prohibitions the Service to make a ‘‘necessary and Regulating incidental and intentional under section 9. advisable’’ finding with respect to the take may reduce effects to individual The courts have recognized the extent adoption of specific prohibitions under stonefly life stages comprising the of the Secretary’s discretion under this section 9, we find that this rule as a species’ remaining populations. standard to develop rules that are whole satisfies the requirement in We may issue permits to carry out appropriate for the conservation of a section 4(d) of the Act to issue otherwise prohibited activities, species. For example, courts have regulations deemed necessary and including those described above, approved rules developed under section advisable to provide for the involving threatened wildlife under 4(d) that include a taking prohibition for conservation of the meltwater lednian certain circumstances. Regulations threatened wildlife, or include a limited stonefly and the western glacier governing permits are codified at 50 taking prohibition (see Alsea Valley stonefly. As discussed under Summary CFR 17.32. With regard to threatened Alliance v. Lautenbacher, 2007 U.S. of Biological Status and Threats, the wildlife, a permit may be issued for the Dist. Lexis 60203 (D. Or. 2007); Service has concluded that the following purposes: Scientific purposes, Washington Environmental Council v. meltwater lednian stonefly and the to enhance propagation or survival, for National Marine Fisheries Service, 2002 western glacier stonefly are at risk of economic hardship, for zoological U.S. Dist. Lexis 5432 (W.D. Wash. extinction within the foreseeable future exhibition, for educational purposes, for 2002)). Courts have also approved 4(d) due to loss of habitat due to glacier incidental taking, or for special rules that do not address all of the melting. The provisions of this species- purposes consistent with the purposes threats a species faces (see State of specific 4(d) rule would promote of the Act. There are also certain Louisiana v. Verity, 853 F.2d 322 (5th conservation of the meltwater lednian statutory exemptions from the Cir. 1988)). As noted in the legislative stonefly and the western glacier stonefly prohibitions, which are found in history when the Act was initially by prohibiting take of both species. The sections 9 and 10 of the Act. enacted, ‘‘once an animal is on the provisions of this rule are one of many The Service recognizes the special threatened list, the Secretary has an tools that the Service would use to and unique relationship with our State almost infinite number of options promote the conservation of the natural resource agency partners in available to him with regard to the meltwater lednian stonefly and the contributing to conservation of listed permitted activities for those species. He western glacier stonefly. species. State agencies often possess may, for example, permit taking, but not scientific data and valuable expertise on Provisions of the 4(d) Rule importation of such species, or he may the status and distribution of choose to forbid both taking and This 4(d) rule will provide for the endangered, threatened, and candidate importation but allow the transportation conservation of the western glacier species of wildlife and plants. State of such species,’’ (H.R. Rep. No. 412, stonefly and meltwater lednian stonefly agencies, because of their authorities 93rd Cong., 1st Sess. 1973). by prohibiting the following activities, and their close working relationships In our proposed rule to list the except as otherwise authorized or with local governments and meltwater lednian stonefly and the permitted: Importing or exporting; take; landowners, are in a unique position to western glacier stonefly published on possession and other acts with assist the Services in implementing all October 4, 2016 (81 FR 68379), we unlawfully taken specimens; delivering, aspects of the Act. In this regard, section referenced a section of the regulation receiving, transporting, or shipping in 6 of the Act provides that the Services that provided threatened species with interstate or foreign commerce in the shall cooperate to the maximum extent the same protections as endangered course of commercial activity; or selling practicable with the States in carrying species also known as ‘‘blanket rules’’ or offering for sale in interstate or out programs authorized by the Act. (50 CFR 17.31). The Service has since foreign commerce. Therefore, any qualified employee or published regulations on August 27, As discussed under Summary of agent of a State conservation agency that 2019 (84 FR 44753), amending 50 CFR Biological Status and Threats (above), is a party to a cooperative agreement 17.31 and 17.71 that state ‘‘the blanket degraded habitats resulting from with the Service in accordance with rules will no longer be in place, but the reduced flows and increased water section 6(c) of the Act, who is Secretary will still be required to make temperatures (Factor A) are affecting the designated by his or her agency for such a decision about what regulations to put status of the meltwater lednian stonefly purposes, would be able to conduct in place for the species.’’ While the and the western glacier stonefly. Some activities designed to conserve western Service always had the ability to activities could occur within the range glacier stonefly and meltwater lednian promulgate species-specific 4(d) rules of the species that have the potential to stonefly that may result in otherwise for threatened species, moving forward impact individual meltwater lednian prohibited take without additional we will promulgate a species-specific stoneflies and the western glacier authorization. The State of Montana

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covers the meltwater lednian stonefly extraordinary case where population such as patch size, distribution and the western glacier stonefly in pressures within a given ecosystem distances, and connectivity. Montana’s State Wildlife Action Plan cannot be otherwise relieved, may Under the second prong of the Act’s (Montana Fish, Wildlife, and Parks include regulated taking. definition of critical habitat, we can 2015, p. 439). Critical habitat receives protection designate critical habitat in areas Nothing in this proposed 4(d) rule under section 7(a)(2) of the Act through outside the geographical area occupied would change in any way the recovery the requirement that Federal agencies by the species at the time it is listed, planning provisions of section 4(f) of the ensure, in consultation with the Service, upon a determination that such areas Act, the consultation requirements that any action they authorize, fund, or are essential for the conservation of the under section 7 of the Act, or the ability carry out is not likely to result in the species. When designating critical of the Service to enter into partnerships destruction or adverse modification of habitat, the Secretary will first evaluate for the management and protection of critical habitat. The designation of areas occupied by the species. The the western glacier stonefly and critical habitat does not affect land Secretary will only consider unoccupied meltwater lednian stonefly. However, ownership or establish a refuge, areas to be essential where a critical interagency cooperation may be further wilderness, reserve, preserve, or other habitat designation limited to streamlined through planned conservation area. Such designation geographical areas occupied by the programmatic consultations for the does not allow the government or public species would be inadequate to ensure species between Federal agencies and to access private lands. Such the conservation of the species. In the Service. designation does not require addition, for an unoccupied area to be implementation of restoration, recovery, III. Critical Habitat considered essential, the Secretary must or enhancement measures by non- determine that there is a reasonable Background Federal landowners. Where a landowner certainty both that the area will requests Federal agency funding or contribute to the conservation of the Critical habitat is defined in section 3 authorization for an action that may of the Act as: species and that the area contains one affect a listed species or critical habitat, or more of those physical or biological (1) The specific areas within the the consultation requirements of section geographical area occupied by the features essential to the conservation of 7(a)(2) of the Act would apply, but even the species. species, at the time it is listed in in the event of a destruction or adverse Section 4 of the Act requires that we accordance with the Act, on which are modification finding, the obligation of designate critical habitat on the basis of found those physical or biological the Federal action agency and the the best scientific data available. features landowner is not to restore or recover Further, our Policy on Information (a) Essential to the conservation of the the species, but to implement Standards under the Endangered species, and reasonable and prudent alternatives to (b) Which may require special avoid destruction or adverse Species Act (published in the Federal management considerations or modification of critical habitat. Register on July 1, 1994 (59 FR 34271)), protection; and Under the first prong of the Act’s the Information Quality Act (section 515 (2) Specific areas outside the definition of critical habitat, areas of the Treasury and General geographical area occupied by the within the geographical area occupied Government Appropriations Act for species at the time it is listed, upon a by the species at the time it was listed Fiscal Year 2001 (Pub. L. 106–554; H.R. determination that such areas are are included in a critical habitat 5658)), and our associated Information essential for the conservation of the designation if they contain physical or Quality Guidelines, provide criteria, species. biological features (1) which are establish procedures, and provide Our regulations at 50 CFR 424.02 essential to the conservation of the guidance to ensure that our decisions define the geographical area occupied species and (2) which may require are based on the best scientific data by the species as an area that may special management considerations or available. They require our biologists, to generally be delineated around species’ protection. For these areas, critical the extent consistent with the Act and occurrences, as determined by the habitat designations identify, to the with the use of the best scientific data Secretary (i.e., range). Such areas may extent known using the best scientific available, to use primary and original include those areas used throughout all and commercial data available, those sources of information as the basis for or part of the species’ life cycle, even if physical or biological features that are recommendations to designate critical not used on a regular basis (e.g., essential to the conservation of the habitat. migratory corridors, seasonal habitats, species (such as space, food, cover, and Prudency Determination and habitats used periodically, but not protected habitat). In identifying those solely by vagrant individuals). physical or biological features that occur Section 4(a)(3) of the Act, as Conservation, as defined under in specific areas, we focus on the amended, and implementing regulations section 3 of the Act, means to use and specific features that are essential to (50 CFR 424.12), require that the the use of all methods and procedures support the life-history needs of the Secretary shall designate critical habitat that are necessary to bring an species, including, but not limited to, at the time the species is determined to endangered or threatened species to the water characteristics, soil type, be an endangered species or threatened point at which the measures provided geological features, prey, vegetation, species to the maximum extent prudent pursuant to the Act are no longer symbiotic species, or other features. A and determinable. Our regulations (50 necessary. Such methods and feature may be a single habitat CFR 424.12(a)(1)) state that the procedures include, but are not limited characteristic, or a more complex Secretary may, but is not required to, to, all activities associated with combination of habitat characteristics. determine that a designation would not scientific resources management such as Features may include habitat be prudent in the following research, census, law enforcement, characteristics that support ephemeral circumstances: habitat acquisition and maintenance, or dynamic habitat conditions. Features (i) The species is threatened by taking propagation, live trapping, and may also be expressed in terms relating or other human activity and transplantation, and, in the to principles of conservation biology, identification of critical habitat can be

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expected to increase the degree of such these areas (see Habitat and Factor A with tribes in developing programs for threat to the species; discussions above), we found no other healthy ecosystems, to acknowledge that (ii) The present or threatened habitat-based threats to either species. tribal lands are not subject to the same destruction, modification, or There are no management actions controls as Federal public lands, to curtailment of a species’ habitat or range resulting from consultations under remain sensitive to Indian culture, and is not a threat to the species, or threats section 7(a)(2) of the Act that could to make information available to tribes. to the species’ habitat stem solely from address the impacts of climate change As part of our responsibilities to causes that cannot be addressed through and drought on the meltwater sources communicate meaningfully and work management actions resulting from that supply the habitats for these species directly with Tribal Governments, we consultations under section 7(a)(2) of (see the Service’s May 14, 2008 informed the Confederated Kootenai the Act; Director’s Memo on Expectations for Salish Tribe of our intent to conduct a (iii) Areas within the jurisdiction of Consultations on Actions that Would status review on meltwater lednian the United States provide no more than Emit Greenhouse Gases, which notes stonefly, and solicited any information negligible conservation value, if any, for that section 7 consultation would not be the Tribe may have regarding the sole a species occurring primarily outside required to address impacts of a population of meltwater lednian the jurisdiction of the United States; facility’s greenhouse gas emissions). For stonefly occurring in Tribal wilderness (iv) No areas meet the definition of the meltwater lednian stonefly and on Confederated Kootenai Salish Tribe critical habitat; or western glacier stonefly, we find that land. The Tribe did not provide any (v) After analyzing the best scientific threats to the species’ habitat stem information in response to our request. data available, the Secretary otherwise solely from causes that cannot be determines that designation of critical addressed through management actions References Cited habitat would not be prudent. resulting from consultations on these In our proposed rule to list the species under section 7(a)(2) of the Act. A complete list of references cited in meltwater lednian stonefly and western Therefore, in accordance with 50 CFR this rulemaking is available on the glacier stonefly (81 FR 68379, October 4, 424.12(a)(1), we determine that critical internet at http://www.regulations.gov 2016), we determined that critical habitat is not prudent for the meltwater in Docket No. FWS–R6–ES–2016–0086 habitat was prudent, but not lednian stonefly and western glacier and upon request from the Montana determinable at that time. That stonefly. Ecological Services Field Office (see FOR determination regarding prudency was FURTHER INFORMATION CONTACT). based on our regulations (50 CFR Required Determinations Authors 424.12(a)(1)) as they existed at that time National Environmental Policy Act (42 in 2016. Since that time, the Service U.S.C. 4321 et seq.) The primary authors of this final rule published regulations related to listing are the staff members of the Montana species and designating critical habitat We have determined that Ecological Services Office. (84 FR 45020, August 27, 2019), which environmental assessments and revised the regulations that implement environmental impact statements, as List of Subjects in 50 CFR Part 17 section 4 of the Act and clarify defined under the authority of the circumstances in which designation of National Environmental Policy Act Endangered and threatened species, critical habitat may be found to be not (NEPA; 42 U.S.C. 4321 et seq.), need not Exports, Imports, Reporting and prudent, as explained above. Given the be prepared in connection with listing recordkeeping requirements, revisions to the critical habitat a species as an endangered or Transportation. regulations, we have reevaluated our threatened species under the determination on whether designation Endangered Species Act. We published Regulation Promulgation a notice outlining our reasons for this of critical habitat for these species is Accordingly, we amend part 17, determination in the Federal Register prudent. subchapter B of chapter I, title 50 of the on October 25, 1983 (48 FR 49244). As explained above, habitats for both Code of Federal Regulations, as follows: the meltwater lednian stonefly and the Government-to-Government western glacier stonefly originate from Relationship With Tribes PART 17—ENDANGERED AND meltwater sources that will be impacted THREATENED WILDLIFE AND PLANTS by any projected warming, including In accordance with the President’s glaciers, rock glaciers, and small memorandum of April 29, 1994 ■ 1. The authority citation for part 17 icefields, perennial and seasonal (Government-to-Government Relations continues to read as follows: snowpack, alpine springs, and glacial with Native American Tribal lake outlets (Hauer et al. 2007, p. 107; Governments; 59 FR 22951), Executive Authority: 16 U.S.C. 1361–1407; 1531– Giersch et al. 2017, p. 2584). The sole Order 13175 (Consultation and 1544; and 4201–4245, unless otherwise threats to meltwater lednian stonefly Coordination With Indian Tribal noted. and western glacier stonefly are the Governments), and the Department of fragmentation and degradation of these the Interior’s manual at 512 DM 2, we ■ 2. Amend § 17.11(h) by adding entries habitats in the form of declining readily acknowledge our responsibility for ‘‘Stonefly, meltwater lednian’’ and streamflows and increasing water to communicate meaningfully with ‘‘Stonefly, western glacier’’ to the List of temperatures resulting from climate recognized Federal Tribes on a Endangered and Threatened Wildlife in change. Drought is also expected to government-to-government basis. In alphabetical order under ‘‘Insects’’ to affect habitat occupied by meltwater accordance with Secretarial Order 3206 read as follows: lednian stonefly and western glacier of June 5, 1997 (American Indian Tribal § 17.11 Endangered and threatened stonefly that is supplied by meltwater Rights, Federal-Tribal Trust wildlife. sources. Given the remote nature of Responsibilities, and the Endangered these species’ alpine habitats and Species Act), we readily acknowledge * * * * * extremely limited human activity in our responsibilities to work directly (h) * * *

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Common name Scientific name Where listed Status Listing citations and applicable rules

*******

Insects

******* Stonefly, meltwater lednian Lednia tumana ...... Wherever found...... T 84 FR [Insert Federal Register page where the document begins]; 11/21/ 2019; 50 CFR 17.47(c).4d Stonefly, western glacier .... Zapada glacier ...... Wherever found...... T 84 FR [Insert Federal Register page where the document begins]; 11/21/ 2019; 50 CFR 17.47(c).4d

*******

■ 3. Amend § 17.47 by adding paragraph wildlife that are covered by an approved until 12:01 a.m., central time, on July 1, (c) to read as follows: cooperative agreement to carry out 2020. conservation programs. § 17.47 Special rules—insects. FOR FURTHER INFORMATION CONTACT: Dated: November 13, 2019. Kelli O’Donnell, NMFS Southeast * * * * * Margaret E. Everson, Regional Office, telephone: 727–824– (c)Western glacier stonefly (Zapada 5305, email: [email protected]. glacier) and meltwater lednian stonefly Principal Deputy Director, U.S. Fish and (Lednia tumana)—(1) Prohibitions. The Wildlife Service, Exercising the Authority of SUPPLEMENTARY INFORMATION: The following prohibitions that apply to the Director, U.S. Fish and Wildlife Service. fishery for coastal migratory pelagic fish endangered wildlife also apply to [FR Doc. 2019–25195 Filed 11–20–19; 8:45 am] in the Gulf includes king mackerel, western glacier stonefly and meltwater BILLING CODE 4333–15–P Spanish mackerel, and cobia, and is lednian stonefly except as provided managed under the Fishery under paragraph (c)(2) of this section Management Plan for the Coastal and §§ 17.4 and 17.5. It is unlawful for DEPARTMENT OF COMMERCE Migratory Pelagic Resources of the Gulf any person subject to the jurisdiction of of Mexico and Atlantic Region (FMP). the United States to commit, to attempt National Oceanic and Atmospheric The FMP was prepared by the Gulf of to commit, to solicit another to commit, Administration Mexico and South Atlantic Fishery or cause to be committed, any of the Management Councils and is following acts in regard to these species: 50 CFR Part 622 implemented by NMFS under the (i) Import or export, as set forth at authority of the Magnuson-Stevens [Docket No. 160426363–7275–02; RTID Fishery Conservation and Management § 17.21(b). 0648–XS016] (ii) Take, as set forth at § 17.21(c)(1). Act (Magnuson-Stevens Act) by (iii) Possession and other acts with Coastal Migratory Pelagic Resources regulations at 50 CFR part 622. All unlawfully taken specimens, as set forth of the Gulf of Mexico and Atlantic weights for Gulf migratory group of king at § 17.21(d)(1). Region; 2019–2020 Commercial mackerel (Gulf king mackerel) below (iv) Interstate or foreign commerce in Closure for King Mackerel in the Gulf apply as either round or gutted weight. the course of commercial activity, as set of Mexico Western Zone The commercial quota for the Gulf forth at § 17.21(e). king mackerel in the western zone is (v) Sale or offer for sale, as set forth AGENCY: National Marine Fisheries 1,096,000 lb (497,137 kg) for the current at § 17.21(f). Service (NMFS), National Oceanic and fishing year, July 1, 2019, through June (2) Exceptions from prohibitions. In Atmospheric Administration (NOAA), 30, 2020 (50 CFR 622.384(b)(1)(i)). regard to this species, you may: Commerce. The western zone of Gulf king (i) Conduct activities as authorized by ACTION: Temporary rule; closure. mackerel is located in the EEZ between a permit under § 17.32. a line extending east from the border of (ii) Take, as set forth at § 17.21(c)(3) SUMMARY: NMFS implements an the United States and Mexico, and and (4) for endangered wildlife. accountability measure (AM) for 87°31.1′ W. long., which is a line (iii) Possess and engage in other acts, commercial king mackerel in the extending south from the state boundary as set forth at § 17.21(d)(2) for western zone of the Gulf of Mexico of Alabama and Florida. The western endangered wildlife. (Gulf) exclusive economic zone (EEZ) zone includes the EEZ off Texas, (iv) In addition to any other through this temporary rule. NMFS has Louisiana, Mississippi, and Alabama. provisions of this part, any employee or determined that the commercial quota Regulations at 50 CFR 622.388(a)(1)(i) agent of the Service, of the National for king mackerel in the western zone of require NMFS to close the commercial Marine Fisheries Service, or of a State the Gulf EEZ will be reached by sector for Gulf king mackerel in the conservation agency that is operating a November 21, 2019. Therefore, NMFS western zone when the zone’s conservation program pursuant to the closes the western zone of the Gulf EEZ commercial quota is reached, or is terms of a cooperative agreement with to commercial king mackerel fishing on projected to be reached, by filing a the Service in accordance with section November 21, 2019. This closure is notification to that effect with the Office 6(c) of the Act, who is designated by necessary to protect the Gulf king of the Federal Register. NMFS has that agency for such purposes, may, mackerel resource. determined the commercial quota for when acting in the course of official DATES: The closure is effective at noon, Gulf king mackerel in the western zone duties, take those threatened species of central time, on November 21, 2019, will be reached by November 21, 2019.

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Accordingly, the western zone is closed Classification quota and the associated AM has to commercial fishing for Gulf king The Regional Administrator for the already been subject to notice and mackerel effective at noon, central time, NMFS Southeast Region has determined public comment, and all that remains is on November 21, 2019, through the end this temporary rule is necessary for the to notify the public of the closure. of the current fishing year on June 30, conservation and management of Gulf Additionally, allowing prior notice and 2020. king mackerel and is consistent with the opportunity for public comment is During the commercial closure, a Magnuson-Stevens Act and other contrary to the public interest because person on board a vessel that has been applicable laws. of the need to immediately implement issued a valid Federal commercial or This action is taken under 50 CFR this action to protect the king mackerel charter vessel/headboat permit for 622.384(e) and 622.388(a)(1)(i), and is stock. The capacity of the fishing fleet coastal migratory pelagic fish may exempt from review under Executive allows for rapid harvest of the continue to retain king mackerel in the Order 12866. commercial quota. Prior notice and western zone under the recreational bag These measures are exempt from the opportunity for public comment would and possession limits specified in 50 procedures of the Regulatory Flexibility require time and could potentially result CFR 622.382(a)(1)(ii) and (a)(2), as long Act because the temporary rule is issued in a harvest well in excess of the without opportunity for prior notice and as the recreational sector for Gulf king established commercial quota. comment. mackerel is open (50 CFR 622.384(e)(1)). This action responds to the best For the aforementioned reasons, the Also during the commercial closure, scientific information available. The AA also finds good cause to waive the king mackerel from the closed zone, Assistant Administrator for NOAA 30-day delay in the effectiveness of this including those harvested under the Fisheries (AA) finds good cause to action under 5 U.S.C. 553(d)(3). recreational bag and possession limits, waive the requirements to provide prior Authority: 16 U.S.C. 1801 et seq. may not be purchased or sold. This notice and opportunity for public Dated: November 15, 2019. prohibition does not apply to king comment pursuant to the authority set mackerel from the closed zone that were forth at 5 U.S.C. 553(b)(B) as such Jennifer M. Wallace, harvested, landed ashore, and sold prior procedures are unnecessary and Acting Director, Office of Sustainable to the closure and were held in cold contrary to the public interest. Such Fisheries, National Marine Fisheries Service. storage by a dealer or processor (50 CFR procedures are unnecessary because the [FR Doc. 2019–25222 Filed 11–18–19; 4:15 pm] 622.384(e)(2)). rule implementing the commercial BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 84, No. 225

Thursday, November 21, 2019

This section of the FEDERAL REGISTER Regulations.gov Classic: Go to https:// rulemaking action by any of the contains notices to the public of the proposed www.regulations.gov/. Enter ‘‘Docket ID following methods: issuance of rules and regulations. The OCC–2019–0027’’ in the Search Box and • Viewing Comments Electronically— purpose of these notices is to give interested click ‘‘Search.’’ Click on ‘‘Comment Regulations.gov Classic or persons an opportunity to participate in the Now’’ to submit public comments. For Regulations.gov Beta. rule making prior to the adoption of the final Regulations.gov Classic: Go to https:// rules. help with submitting effective comments please click on ‘‘View www.regulations.gov/. Enter ‘‘Docket ID Commenter’s Checklist.’’ Click on the OCC–2019–0027’’ in the Search box and DEPARTMENT OF THE TREASURY ‘‘Help’’ tab on the Regulations.gov home click ‘‘Search.’’ Click on ‘‘Open Docket page to get information on using Folder’’ on the right side of the screen. Office of the Comptroller of the Regulations.gov, including instructions Comments and supporting materials can Currency for submitting public comments. be viewed and filtered by clicking on Regulations.gov Beta: Go to https:// ‘‘View all documents and comments in 12 CFR Part 7 and Part 160 beta.regulations.gov/ or click ‘‘Visit this docket’’ and then using the filtering New Regulations.gov Site’’ from the tools on the left side of the screen. Click [Docket ID OCC–2019–0027] Regulations.gov Classic homepage. on the ‘‘Help’’ tab on the Enter ‘‘Docket ID OCC–2019–0027’’ in RIN 1557–AE73 Regulations.gov home page to get the Search Box and click ‘‘Search.’’ information on using Regulations.gov. Permissible Interest on Loans That Are Public comments can be submitted via The docket may be viewed after the Sold, Assigned, or Otherwise the ‘‘Comment’’ box below the close of the comment period in the same Transferred displayed document information or by manner as during the comment period. clicking on the document title and then Regulations.gov Beta: Go to https:// AGENCY: Office of the Comptroller of the clicking the ‘‘Comment’’ box on the top- beta.regulations.gov/ or click ‘‘Visit Currency, Treasury. left side of the screen. For help with New Regulations.gov Site’’ from the ACTION: Notice of proposed rulemaking. submitting effective comments please Regulations.gov Classic homepage. click on ‘‘Commenter’s Checklist.’’ For Enter ‘‘Docket ID OCC–2019–0027’’ in SUMMARY: Federal law establishes that assistance with the Regulations.gov Beta the Search Box and click ‘‘Search.’’ national banks and savings associations site, please call (877) 378–5457 (toll Click on the ‘‘Comments’’ tab. (banks) may charge interest at the free) or (703) 454–9859 Monday–Friday, Comments can be viewed and filtered maximum rate permitted to any state- 9 a.m.–5 p.m. ET or email regulations@ by clicking on the ‘‘Sort By’’ drop-down chartered or licensed lending institution erulemakinghelpdesk.com. • on the right side of the screen or the in the state where the bank is located. Email: regs.comments@ ‘‘Refine Results’’ options on the left side Federal law also provides national occ.treas.gov. • of the screen. Supporting materials can banks and Federal savings associations Mail: Chief Counsel’s Office, be viewed by clicking on the with the authority to enter into and Attention: Comment Processing, Office ‘‘Documents’’ tab and filtered by assign contracts. Well-established of the Comptroller of the Currency, 400 clicking on the ‘‘Sort By’’ drop-down on authority also authorizes banks to sell, 7th Street SW, Suite 3E–218, the right side of the screen or the Washington, DC 20219. assign, or otherwise transfer loans. ‘‘Refine Results’’ options on the left side • Hand Delivery/Courier: 400 7th Despite these clear authorities, recent of the screen. For assistance with the Street SW, Suite 3E–218, Washington, developments have created uncertainty Regulations.gov Beta site, please call about the ongoing validity of the interest DC 20219. • Fax: (571) 465–4326. (877) 378–5457 (toll free) or (703) 454– term after a bank sells, assigns, or 9859 Monday–Friday, 9 a.m.–5 p.m. ET otherwise transfers a loan. This rule Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘Docket or email regulations@ would clarify that when a bank sells, ID OCC–2019–0027’’ in your comment. erulemakinghelpdesk.com. The docket assigns, or otherwise transfers a loan, In general, the OCC will enter all may be viewed after the close of the interest permissible prior to the transfer comments received into the docket and comment period in the same manner as continues to be permissible following publish the comments on the during the comment period. the transfer. • Regulations.gov website without Viewing Comments Personally: You DATES: Comments must be received by change, including any business or may personally inspect comments at the January 21, 2020. personal information provided such as OCC, 400 7th Street SW, Washington, ADDRESSES: Commenters are encouraged name and address information, email DC 20219. For security reasons, the OCC to submit comments through the Federal addresses, or phone numbers. requires that visitors make an eRulemaking Portal or email, if possible. Comments received, including appointment to inspect comments. You Please use the title ‘‘Permissible Interest attachments and other supporting may do so by calling (202) 649–6700 or, on Loans that are Sold, Assigned, or materials, are part of the public record for persons who are deaf or hearing Otherwise Transferred’’ to facilitate the and subject to public disclosure. Do not impaired, TTY, (202) 649–5597. Upon organization and distribution of the include any information in your arrival, visitors will be required to comments. You may submit comments comment or supporting materials that present valid government-issued photo by any of the following methods: you consider confidential or identification and submit to security • Federal eRulemaking Portal— inappropriate for public disclosure. screening in order to inspect comments. Regulations.gov Classic or You may review comments and other FOR FURTHER INFORMATION CONTACT: Regulations.gov Beta. related materials that pertain to this Andra Shuster, Senior Counsel, Karen

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McSweeney, Special Counsel, or uniform system of [savings and loan] established element of the authority to Priscilla Benner, Attorney, Chief institutions where there are not any make loans. Since at least 1848, the Counsel’s Office, (202) 649–5490, for now,’ and to ‘establish them with the Supreme Court has recognized that a persons who are deaf or hearing force of the government behind them, bank’s authority to assign a loan is a impaired, TTY, (202) 649–5597, Office with a national charter.’ ’’ 4 power incident to the authority to make of the Comptroller of the Currency, 400 To carry out Congress’s purposes, the one, even if assignment is not expressly 7th Street SW, Washington, DC 20219. NBA vests in national banks mentioned in the statute.9 Thus, the SUPPLEMENTARY INFORMATION: enumerated powers and ‘‘all such Federal statutes that provide national incidental powers as shall be necessary banks and Federal savings associations I. Background to carry on the business of banking.’’ 12 the authority to make loans also confer Federal law authorizes national banks U.S.C. 24(Seventh). HOLA provides upon them the power to assign loans. 12 and savings associations (banks) to Federal savings associations with broad U.S.C. 24(Seventh), 371, and 1464(c); charge interest at the maximum rate authority to engage in banking activities. see also 12 CFR 7.4008(a), 34.3, and permitted to any state-chartered or 12 U.S.C. 1464. These statutes grant 160.30. licensed lending institution in the state national banks and Federal savings As part of the authority to lend where the bank is located. Pursuant to associations the power to make granted to national banks, Federal law Federal law, national banks and Federal contracts, 12 U.S.C. 24(Third) and establishes a clear and comprehensive savings associations may also enter into 1464,5 and the power to lend money. 12 scheme governing the interest that a contracts. Inherent in this authority is U.S.C. 24(Seventh) and 1464. bank may charge. Twelve U.S.C. 85 the authority to assign such contracts. In While not expressly stated in these provides that a national bank may addition, well-established authority statutes, among the essential rights ‘‘charge on any loan . . . interest at the authorizes banks to sell, assign, or normally associated with the power to rate allowed by the laws of the State otherwise transfer their loans. contract is the ability to subsequently . . . where the bank is located.’’ 10 Despite these clear authorities, recent assign some or all of the benefits of a Similarly, 12 U.S.C. 1463(g), which is 6 developments have created uncertainty contract to a third party. Restatement modeled on and interpreted in pari about the ongoing validity of the interest (Second) of Contracts § 317 (1981). materia with section 85,11 provides that term after a bank sells, assigns, or Generally, all contract rights may be savings associations may otherwise transfers a loan. After assigned in the absence of clear ‘‘[n]otwithstanding any State law . . . considering the principles discussed language expressly prohibiting the charge interest . . . at the rate allowed below, the OCC has concluded that assignment or if the assignment would by the laws of the State in which such when a bank sells, assigns, or otherwise ‘‘[(1)] materially change the duty of the savings association is located.’’ 12 transfers a loan, interest permissible obligor or [(2)] materially increase the The intent of Congress when it obligor’s burden or risk under the prior to the transfer continues to be originally enacted section 85 in 1864 contract or [(3)] the contract involves permissible following the transfer. This was to ensure parity between national obligations of a personal nature.’’ 29 proposed rule would codify this and state banks in order to allow the conclusion. Williston on Contracts § 74:10 (4th ed.) new Federal charter to flourish and to (citations omitted). But see 29 Williston II. Analysis establish a uniform national currency.13 on Contracts § 74:23 (stating that certain When Congress enacted section 1463(g), Various provisions of Federal banking assignments may be specifically it intended to place savings associations law, taken together, show that Congress forbidden by statute or may otherwise on equal footing with their national created an integrated Federal scheme be void as against public policy). All bank competitors. See supra note 11. that permits national banks and Federal ordinary business contracts are savings associations to operate across assignable, and a contract for money to 9 state lines without being hindered by become due in the future is among the See Planters’ Bank of Miss. v. Sharp, 47 U.S. differing state laws. See, e.g., 12 U.S.C. 301, 322–23 (1848); see also supra note 6. types of contracts that normally may be 10 Alternatively, section 85 allows a national bank 24, 85, 86, 371, and 1461 et seq. The assigned.7 Upon assignment, the third- to charge ‘‘1 per centum in excess of the discount National Bank Act (NBA) provides for a party assignee steps into the shoes of the rate on ninety-day commercial paper in effect at the system of national banks to serve as bank; the assignee acquires and may Federal reserve bank in the Federal reserve district ‘‘instrumentalities of the federal where the bank is located.’’ 12 U.S.C. 85. Through enforce the rights the bank assigned to interpretive letters, the OCC has addressed where 1 government,’’ which are ‘‘designed to it under the contract.8 a national bank is located for purposes of section be used to aid the government in the In the banking context, the authority 85. See, e.g., OCC Interpretive Letter 822 (Feb. 17, administration of an important branch of banks to sell, assign, or otherwise 1998). of the public service.’’ 2 The NBA transfer (assign) a loan is a well- 11 See Gavey Props./762 v. First Fin. Sav. & Loan Ass’n, 845 F.2d 519, 521 (5th Cir. 1988) (‘‘Given the contemplates that national banks will similarity of language, the conclusion is virtually operate nationwide, and accordingly, it 4 Fid. Fed. Sav. & Loan Ass’n v. de la Cuesta, 458 compelled that Congress sought to provide federally provides national banks ‘‘protection U.S. 141, 166 (1982) (citations and footnote insured credit institutions with the same ‘most- from ‘possible unfriendly State omitted). favored lender’ status enjoyed by national banks.’’); 5 Office of Thrift Supervision (OTS) letter from 3 61 FR 50951, 50968 (Sept. 30, 1996) (‘‘OTS and its legislation.’ ’’ Similarly, through the Carolyn J. Buck, November 22, 1995, 1995 WL predecessor, the FHLBB, have long looked to the Home Owners’ Loan Act (HOLA), 790839. OCC regulation and other precedent interpreting the ‘‘Congress delegated to the [Federal 6 Rights authorized by a statute need not always national bank most favored lender provision for Home Loan Bank Board (FHLBB)] broad be express—they are often implicit in the other guidance in interpreting [12 U.S.C. 1463(g)] and rights given by the statute. See, e.g., Franklin Nat’l OTS’s implementing regulation.’’); OTS letter from authority to establish and regulate ‘a Bank v. New York, 347 U.S. 373, 377–78 (1954) Harris Weinstein, December 24, 1992, 1992 WL (concluding that the right to accept savings deposits 12005275. 1 Davis v. Elmira Sav. Bank, 161 U.S. 275, 283 implicitly included the right to advertise). 12 Section 1463(g) also allows savings associations (1896). 7 See Bank of America, N.A. v. Rice, 780 SE2d to charge an alternate rate that is based on the 2 Farmers’ & Mechanics’ Nat’l Bank v. Dearing, 91 873 (N.C. Ct. App. 2015). relevant Federal Reserve discount rate for 90-day U.S. 29, 33 (1875). 8 Dean Witter Reynolds Inc. v. Var. Annuity Life commercial paper. See supra note 10. 3 Beneficial Nat’l Bank v. Anderson, 539 U.S. 1, Ins. Co., 373 F.3d 1100, 1110 (10th Cir. 2004) 13 Cong. Globe, 38th Cong., 1st Sess., 2123–27 10 (2003) (quoting Tiffany v. Nat’l Bank of Mo., 85 (stating that it was long-established that ‘‘an (1864). See Roper v. Consurve, Inc., 578 F.2d 1106 U.S. 409, 412 (1873)). assignee stands in the shoes of the assignor’’). (5th Cir. 1978), affirmed 445 U.S. 326 (1980).

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Sections 85 and 1463(g) have been usurious when it is originated, and a would be subject to the same or higher interpreted to permit a bank to charge subsequent assignment of the loan does usury caps. interest at the highest rate allowed to not render the loan usurious. The conclusion that interest competing lenders by the state where Apart from being the natural result if permissible prior to the assignment of a the bank is located (known as the ‘‘most one applies the valid-when-made loan continues to be permissible favored lender’’ doctrine) and to export principle, this conclusion is also following the assignment is also this rate to borrowers in other states, supported by banks’ ability to assign consistent with the purpose of sections regardless of any other state law contracts. As noted above, national 85 and 1463(g)—to facilitate banks’ purporting to limit the interest banks and Federal savings associations ability to operate across state lines by permitted on bank loans.14 may assign their loan contracts to third eliminating the burden of complying Federal law thus establishes that a parties. Because the assignee steps into with each state’s interest laws. This bank may enter into a loan contract, the bank’s shoes upon assignment, the ability to operate on an interstate basis charge interest at the maximum rate third party receives the benefit of and under a uniform set of standards, permitted in the state where it is may enforce the permissible interest including with respect to interest, is located, and subsequently assign the term. Again, the loan does not become fundamental to the character of national loan. These authorities, in turn, provide usurious after the assignment simply banks and has been since their the fundamental transactional building because the third party is enforcing the inception.22 Recognizing the value of blocks that are used to construct contractually agreed upon interest this uniformity in applicable interest important portions of the nation’s term.18 An assignment does not law, Congress extended the principles of banking system. For example, the ability normally change the borrower’s section 85 to savings associations, state- to originate loans and subsequently obligation to repay in any material way. chartered insured depository securitize them on the secondary market See 29 Williston on Contracts § 74:10. institutions, and insured credit unions depends upon the ability of banks to in 1980. See 12 U.S.C. 1463(g), 1785, Finally, a bank’s well-established assign all or part of their ownership and 1831d. Then, in 2010, while authority to assign a loan may be interest in a loan. carefully examining the application of unduly curtailed if the bank cannot be Despite the fact that these well- state law to Federally-chartered banks, certain that interest permissible prior to established and heretofore well- Congress expressly preserved national the assignment will remain permissible understood authorities previously had banks’ authority under section 85 and afterwards. Congress would not have not been seriously called into question, thereby reaffirmed the importance of intended to limit banks’ authority in a recent decision from the United States section 85 and similar statutes to the this manner.19 Even in the mid- Court of Appeals for the Second Circuit banking system.23 Reading sections 85 nineteenth century, banks’ ability to has created uncertainty regarding the and 1463(g) as applying only to loans assign their loans was recognized as an ongoing validity of the interest term that a bank holds on its books would important tool to manage liquidity and determined under section 85 after a thwart this statutory scheme and would 15 enhance safety and soundness. As the national bank assigns a loan. Through be inconsistent with the valid-when- Supreme Court stated, ‘‘[banks] must be this rulemaking, the OCC seeks to end made and assignability principles able to assign or sell [their] notes when this uncertainty by clarifying that when discussed above. necessary and proper, as, for instance, to a bank assigns a loan, interest Based on the foregoing, the OCC procure more specie in an emergency, or permissible prior to the assignment will concludes that, as a matter of Federal return an unusual amount of deposits continue to be permissible following the law, banks may assign their loans withdrawn, or pay large debts for a assignment. without impacting the validity or banking-house.’’ 20 The Court further Multiple legal principles support the enforceability of the interest. OCC’s interpretation. First, well before observed that while a bank may have the passage of the NBA or the HOLA, other tools to respond to these III. Summary of the Proposal the Supreme Court recognized the circumstances, assigning loans may be The OCC would amend 12 CFR 21 longstanding common law principle of the ‘‘wiser and safer’’ course of action. 7.4001 and 12 CFR 160.110 by adding valid-when-made and described it as a Although the banking system has a new paragraph, which would provide ‘‘cardinal rule[ ] in the doctrine of evolved significantly in the 150 years that interest on a loan that is usury.’’ 16 The valid-when-made since Planters’ Bank, banks of all sizes permissible under sections 85 and principle provides that if a loan is non- continue to routinely rely on loan 1463(g)(1), respectively, shall not be usurious at origination, the loan does assignments and securitization to access affected by the sale, assignment, or other not subsequently become usurious alternative funding sources, manage transfer of the loan.24 This rule would when assigned.17 This longstanding rule concentrations, improve financial relating to usury certainly applies here; performance ratios, and more efficiently 22 ‘‘National banks have been National favorites a loan by a bank that complies with meet customer needs. This risk . . . It could not have been intended, therefore, to section 85 or 1463(g) is by definition not management tool would be significantly expose them to the hazard of unfriendly legislation by the States . . . .’’ Tiffany, 85 U.S. at 413. The weakened if the permissible interest on NBA ‘‘has in view the erection of a system 14 See Marquette Nat’l Bank of Minneapolis v. assigned loans were uncertain or if extending throughout the country, and First of Omaha Serv. Corp., 439 U.S. 299, 310–14 assignment of the permissible interest independent, so far as powers conferred are (1978) (‘‘[The bank] cannot be deprived of [its] were limited only to third parties that concerned, of state legislation which, if permitted location merely because it is extending credit to to be applicable, might impose limitations and residents of a foreign State.’’). restrictions as various and as numerous as the 15 See Madden v. Midland Funding, LLC, 786 F.3d 18 See Olvera v. Blitt & Gaines, P.C., 431 F.3d 285, states.’’ Easton v. Iowa, 188 U.S. 220, 229 (1903). 246 (2nd Cir. 2015). 286, 289 (7th Cir. 2005) (‘‘[T]he assignee of a debt 23 Section 1044(a) of the Dodd-Frank Wall Street 16 See Nichols v. Fearson, 32 U.S. (7 Pet.) 103, 109 . . . is free to charge the same interest rate that the Reform and Consumer Protection Act, Public Law (1833). assignor . . . charged the debtor . . . even if the 111–203, 124 Stat. 1376 (July 21, 2010). 17 See id. (‘‘[A] contract, which, in its inception, assignee does not have a license that expressly 24 The Federal Deposit Insurance Corporation is unaffected by usury, can never be invalidated by permits the charging of a higher rate.’’). (FDIC) is also proposing a similar rule based on 12 any subsequent usurious transaction.’’); Gaither v. 19 See Franklin, 347 U.S. at 377–78. U.S.C. 1831d. The FDIC has interpreted this Farmers & Mechs. Bank of Georgetown, 26 U.S. (1 20 Planters’ Bank of Miss., 47 U.S. at 323. provision to be consistent with section 85 Pet.) 37, 43 (1828). 21 Id. Continued

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expressly codify what the OCC and the ability to sell, assign, or otherwise List of Subjects banking industry have always believed transfer a loan is important to all banks, 12 CFR Part 7 and address recent confusion about the so the OCC expects that all of these impact of an assignment on the small entities would be impacted by the National banks, Interest, Usury. permissible interest. This rule would rule. However, the rule does not contain not address which entity is the true any new recordkeeping, reporting, or 12 CFR Part 160 lender when a bank makes a loan and significant compliance requirements. assigns it to a third party. The true Therefore, the OCC anticipates that Savings associations, Interest, Usury. lender issue, which has been considered costs, if any, will be de minimis and Office of the Comptroller of the by courts recently, is outside the scope certifies that this rule, if adopted, would Currency of this rulemaking. not have a significant economic impact IV. Solicitation of Comments on a substantial number of small For the reasons set out in the entities. Accordingly, a Regulatory preamble, the OCC proposes to amend The OCC invites comment on all Flexibility Analysis is not required. 12 CFR part 7 and part 160 as follows. aspects of this proposal. V. Regulatory Analyses Unfunded Mandates Reform Act PART 7—ACTIVITIES AND OPERATIONS Paperwork Reduction Act The Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1532, requires In accordance with the requirements ■ 1. The authority citation for part 7 the OCC to consider whether the of the Paperwork Reduction Act of 1995 continues to read as follows: (PRA), 44 U.S.C. 3501 et seq., the OCC proposed rule includes a Federal Authority: 12 U.S.C. 1 et seq., 25b, 29, 71, may not conduct or sponsor, and mandate that may result in the 71a, 92, 92a, 93, 93a, 95(b)(1), 371, 371d, 481, respondents are not required to respond expenditure by state, local, and tribal 484, 1463, 1464, 1465, 1818, 1828(m) and to, an information collection unless it governments, in the aggregate, or by the 5412(b)(2)(B). displays a currently valid Office of private sector, of $100 million or more in any one year (adjusted for inflation). Management and Budget (OMB) control Subpart D—Preemption number. The OCC has reviewed the The proposed rule does not impose new mandates. Therefore, the OCC notice of proposed rulemaking and ■ concludes that implementation of the 2. Section 7.4001 is amended by determined that it would not introduce adding paragraph (e) to read as follows: any new or revise any existing proposed rule would not result in an collection of information pursuant to expenditure of $100 million (adjusted § 7.4001 Charging interest by national the PRA. Therefore, no submission will for inflation) or more annually by state, banks at rates permitted competing be made to OMB for review. local, and tribal governments, or by the institutions; charging interest to corporate private sector. borrowers. Regulatory Flexibility Act * * * * * The Regulatory Flexibility Act (RFA), Riegle Community Development and 5 U.S.C. 601 et seq., requires an agency, Regulatory Improvement Act (e) Transferred loans. Interest on a loan that is permissible under 12 U.S.C. in connection with a proposed rule, to Pursuant to section 302(a) of the prepare an Initial Regulatory Flexibility 85 shall not be affected by the sale, Riegle Community Development and assignment, or other transfer of the loan. Analysis describing the impact of the Regulatory Improvement Act of 1994 rule on small entities (defined by the (RCDRIA), 12 U.S.C. 4802(a), in Small Business Administration (SBA) PART 160—LENDING AND determining the effective date and for purposes of the RFA to include INVESTMENT administrative compliance requirements commercial banks and savings for new regulations that impose ■ institutions with total assets of $600 3. The authority citation for part 160 additional reporting, disclosure, or other million or less and trust companies with continues to read as follows: requirements on insured depository total assets of $41.5 million of less) or Authority: 12 U.S.C. 1462a, 1463, 1464, institutions, the OCC must consider, to certify that the proposed rule would 1467a, 1701j–3, 1828, 3803, 3806, consistent with principles of safety and not have a significant economic impact 5412(b)(2)(B); 42 U.S.C. 4106. on a substantial number of small soundness and the public interest, any ■ entities. The OCC currently supervises administrative burdens that such 4. Section 160.110 is amended by approximately 755 small entities.25 The regulations would place on depository adding paragraph (d) to read as follows: institutions, including small depository institutions, and customers of § 160.110 Most favored lender usury (including OCC precedent). See, e.g., FDIC General preemption for all savings associations. Counsel’s Opinion No. 11, Interest Charges by depository institutions, as well as the Interstate State Banks, 63 FR 27282 (May 18, 1998). benefits of such regulations. In addition, * * * * * 25 The OCC bases its estimate of the number of section 302(b) of RCDRIA, 12 U.S.C. small entities on the SBA’s size thresholds for (d) Transferred loans. Interest on a commercial banks and savings institutions, and 4802(b), requires new regulations and loan that is permissible under 12 U.S.C. trust companies, which are $600 million and $41.5 amendments to regulations that impose 1463(g)(1) shall not be affected by the million, respectively. Consistent with the General additional reporting, disclosures, or sale, assignment, or other transfer of the Principles of Affiliation, 13 CFR 121.103(a), the other new requirements on insured loan. OCC counts the assets of affiliated financial depository institutions generally to take institutions when determining if the OCC should Dated: November 18, 2019. classify an OCC-supervised institution as a small effect on the first day of a calendar entity. The OCC uses December 31, 2018, to quarter that begins on or after the date Morris R. Morgan, determine size because a ‘‘financial institution’s on which the regulations are published First Deputy Comptroller, Comptroller of the assets are determined by averaging the assets in final form. The OCC invites Currency. reported on its four quarterly financial statements [FR Doc. 2019–25280 Filed 11–20–19; 8:45 am] for the preceding year.’’ See footnote 8 of the SBA’s comments that will inform its Table of Size Standards consideration of RCDRIA. BILLING CODE 4810–33–P

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DEPARTMENT OF TRANSPORTATION individual sending the comment (or altitude hold, heading command and signing the comment for an association, navigation tracking. However, the Federal Aviation Administration business, labor union, etc.). DOT’s possible failure conditions for this complete Privacy Act Statement can be system, and their effect on the 14 CFR Part 27 found in the Federal Register published continued safe flight and landing of the [Docket No. FAA–2019–0546; Notice No. 27– on April 11, 2000 (65 FR 19477–19478), helicopter, are more severe than those 048–SC] as well as at http://DocketsInfo.dot.gov. envisioned by the present rules. Docket: Background documents or The effect on safety is not adequately Special Conditions: Bell Helicopter comments received may be read at covered under 14 CFR 27.1309 for the Textron Canada Limited, Model Bell http://www.regulations.gov at any time. application of new technology and new 505, Visual Flight Rules Autopilot and Follow the online instructions for application of standard technology. Stability Augmentation System (AP/ accessing the docket or go to the Docket Specifically, the present provisions of SAS System) Operations in Room W12–140 of the § 27.1309(c) do not adequately address West Building Ground Floor at 1200 the safety requirements for systems AGENCY: Federal Aviation New Jersey Avenue SE, Washington, whose failures could result in Administration (FAA), DOT. DC, between 9 a.m., and 5 p.m., Monday catastrophic or hazardous/severe-major ACTION: Notice of proposed special through Friday, except Federal holidays. failure conditions, or for complex conditions. FOR FURTHER INFORMATION CONTACT: systems whose failures could result in SUMMARY: These special conditions are Andy Shaw, Aerospace Engineer, FAA, major failure conditions. The current proposed for the Bell Helicopter Textron Rotorcraft Standards Branch, Policy and regulations are inadequate because Canada Limited (BHTCL) Bell Model Innovation Division, 10101 Hillwood when § 27.1309(c) was promulgated, it 505 helicopter. This helicopter as Pkwy., Fort Worth, TX 76177; telephone was not envisioned that a normal modified by S–TEC will have a novel or (817) 222–5384; email Andy.Shaw@ category rotorcraft would use systems unusual design feature associated with faa.gov. that are complex or whose failure could result in ‘‘catastrophic’’ or ‘‘hazardous/ installation of the autopilot and stability SUPPLEMENTARY INFORMATION: augmentation system (AP/SAS system). severe-major’’ effects on the rotorcraft. The applicable airworthiness Comments Invited This is particularly true with the regulations do not contain adequate or The FAA invites interested people to application of new technology, new appropriate safety standards for this take part in this rulemaking by sending application of standard technology, or design feature. These special conditions written comments, data, or views. The other applications not envisioned by the contain the additional safety standards most helpful comments reference a rule that affect safety. Possible failure that the Administrator considers specific portion of the special modes exhibited by the S–TEC AP/SAS necessary to establish a level of safety conditions, explain the reason for any system could result in a catastrophic equivalent to that established by the recommended change, and include event. existing airworthiness standards. supporting data. Type Certification Basis The FAA will consider all comments DATES: Send your comments on or Under 14 CFR 21.101, S–TEC must received by the closing date for before December 23, 2019. show that the Bell Model 505 comments. The FAA will consider ADDRESSES: Send comments identified helicopter, as modified by the installed comments filed late if it is possible to by docket number [FAA–2019–0546] AP/SAS, continues to meet the do so without incurring expense or using any of the following methods: applicable regulations incorporated by delay. The FAA may change these b Federal eRegulations Portal: Go to reference in the Type Certificate special conditions based on the http://www.regulations.gov and follow Number R00008RD. The regulations comments received. the online instructions for sending your incorporated by reference in the type comments electronically. Background certificate are commonly referred to as b Mail: Send comments to Docket On January 21, 2019, S–TEC applied the ‘‘original type certification basis.’’ Operations, M–30, U.S. Department of The regulations incorporated by Transportation (DOT), 1200 New Jersey for a supplemental type certificate (STC) to install an AP/SAS system on the Bell reference in Type Certificate Number Avenue SE, Room W12–140, West R00008RD are as follows: Building Ground Floor, Washington, DC Model 505 helicopter. The Bell Model 20590–0001. 505 helicopter is a 14 CFR part 27 14 CFR part 27, dated October 2, 1964, b Hand Delivery of Courier: Take normal category, single turbine engine, amendment 27–1 through 27–47 comments to Docket Operations in conventional helicopter designed for 14 CFR part 36, amendment 36–1 Room W12–140 of the West Building civil operation. This helicopter model is through 36–30 Ground Floor at 1200 New Jersey capable of carrying up to four In addition, the certification basis Avenue SE, Washington, DC, between 8 passengers with one pilot and has a includes certain equivalent level of a.m., and 5 p.m., Monday through maximum gross weight of up to 4,475 safety findings that are not relevant to Friday, except Federal holidays. pounds, depending on the model these special conditions. b Fax: Fax comments to Docket configuration. The major design features The Administrator has determined the Operations at 202–493–2251. include a 2-blade main rotor, an anti- applicable airworthiness regulations Privacy: The FAA will post all torque tail rotor system, a skid landing (that is, 14 CFR part 27), as they pertain comments it receives, without change, gear, and a visual flight rule basic to this STC, do not contain adequate or to http://www.regulations.gov, including avionics configuration. S–TEC proposes appropriate safety standards for the Bell any personal information the to modify this model helicopter by Model 505 helicopter because of a novel commenter provides. Using the search installing an AP/SAS system. or unusual design feature. Therefore, function of the docket website, anyone The AP/SAS system provides attitude special conditions are prescribed under can find and read the electronic form of stabilization in two or three axes (pitch § 21.16. all comments received into any FAA and roll with optional yaw) as well as Special conditions are initially docket, including the name of the higher-level autopilot functions such as applicable to the model for which they

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are issued. Should S–TEC apply for an hazardous/severe-major, and system installed on Bell Model 505 STC to modify any other model catastrophic failure condition helicopters: included on the same type certificate to categories. The AP/SAS system a. The equipment and systems must incorporate the same novel or unusual equipment must be qualified for the be designed and installed so that any design feature, the special conditions expected installation environment. The equipment and systems do not would also apply to the other model. test procedures prescribed in RTCA adversely affect the safety of the The FAA issues special conditions, as Document DO–160G, Environmental rotorcraft or its occupants. defined in § 11.19, in accordance with Conditions and Test Procedures for b. The rotorcraft systems and § 11.38 and they become part of the type Airborne Equipment, are recognized by associated components considered certification basis under § 21.101(d). the FAA as acceptable methodologies separately and in relation to others Novel or Unusual Design Features for finding compliance with the systems, must be designed and installed environmental requirements. Equivalent so that: The Bell Model 505 helicopter will environment test standards may also be (1) The occurrence of any catastrophic incorporate the following novel or acceptable. Environmental qualification failure condition is extremely unusual design features: AP/SAS. An provides data to show that the AP/SAS improbable; autopilot (AP) is a system used to system can perform its intended (2) The occurrence of any hazardous control the trajectory of an aircraft function under the expected operating failure condition is extremely remote; without constant input from the pilot. condition. Some of the main and This allows the pilot to focus on other considerations for environmental (3) The occurrence of any major aspects of operations such as weather concerns are installation locations and failure condition is remote. and systems. A stability augmentation the resulting exposure to environmental c. Information concerning an unsafe system (SAS) is another type of conditions for the AP/SAS system system operating condition must be automatic flight control system; equipment, including considerations for provided in a timely manner to the crew however, instead of maintaining the other equipment that may also be to enable them to take appropriate aircraft on a predetermined attitude or affected environmentally by the AP/SAS corrective action. An appropriate alert flight path, the SAS will reduce pilot equipment installation. The level of must be provided if immediate pilot workload by dampening aircraft environmental qualification must be awareness and immediate or subsequent buffeting regardless of the attitude or related to the severity of the considered corrective action is required. Systems flight path. failure conditions and effects on the and controls, including indications and Discussion rotorcraft. annunciations, must be designed to minimize crew errors which could To comply with the provisions of the Applicability create additional hazards. special conditions, the FAA proposes to require that S–TEC provide the FAA These special conditions are Issued in Fort Worth, Texas, on November with a systems safety assessment (SSA) applicable to the S–TEC AP/SAS 13, 2019. for the final AP/SAS installation installed as an STC approval in Bell Jorge Castillo, configuration that will adequately Model 505 helicopters, Type Certificate Manager, Rotorcraft Standards Branch, Policy address the safety objectives established Number R00008RD. and Innovation Division, Aircraft Certification Service. by a functional hazard assessment Conclusion (FHA). This process will ensure that all [FR Doc. 2019–25291 Filed 11–20–19; 8:45 am] This action affects only certain novel failure conditions and their resulting BILLING CODE 4910–13–P or unusual design features for an S–TEC effects are adequately addressed for the AP/SAS STC installed on one model installed AP/SAS. The SSA process is helicopter. It is not a rule of general part of the overall safety assessment DEPARTMENT OF THE TREASURY applicability and affects only the process discussed in FAA Advisory applicant who applied to the FAA for Circular 27–1B, Certification of Normal Internal Revenue Service approval of these features. Category Rotorcraft, and Society of Automotive Engineers document List of Subjects in 14 CFR Part 27 26 CFR Part 1 Aerospace Recommended Practice 4761, Aircraft, Aviation safety, Reporting [REG–104554–18 and REG–104870–18] Guidelines and Methods for Conducting and recordkeeping requirements. RIN 1545–BO68 and 1545–BO78 the Safety Assessment Process on Civil Airborne Systems and Equipment. The authority citation for these special conditions is as follows: Taxable Year of Income Inclusion These proposed special conditions Under an Accrual Method of would require that the AP/SAS installed Authority: 49 U.S.C. 106(g), 40113, 44701, Accounting; and Advanced Payments on a Bell Model 505 helicopter meet the 44702, 44704. for Goods, Services, and Other Items; requirements to adequately address the The Proposed Special Conditions Hearing failure effects identified by the FHA, and subsequently verified by the SSA, Accordingly, pursuant to the AGENCY: Internal Revenue Service (IRS), within the defined design integrity authority delegated to me by the Treasury. requirements. Administrator, the following special ACTION: Proposed rule; notice of hearing. Failure conditions are classified conditions are proposed as part of the according to the severity of their effects S–TEC supplemental type certification SUMMARY: This document provides a on the rotorcraft. Radio Technical basis for installation of an autopilot/ notice of public hearing on proposed Commission for Aeronautics, Inc. stabilization augmentation system (AP/ regulations regarding the timing of (RTCA) Document DO–178C, Software SAS) system on Bell Model 505 income inclusion under section 451 of Considerations in Airborne Systems and helicopters. the Internal Revenue Code. Equipment Certification, provides Instead of the requirements of 14 CFR DATES: The public hearing is being held software design assurance levels most 27.1309(b) and (c), the following must on Tuesday, December 10, 2019, at commonly used for the major, be met for certification of the AP/SAS 10:00 a.m. The IRS must receive

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speakers’ outlines of the topics to be immediate entrance area more than 30 between the hours of 8:00 a.m. and 4:30 discussed at the public hearing by minutes before the hearing starts. For p.m. Monday through Friday (except Tuesday, December 10, 2019. If no information about having your name holidays). Please call (202) 461–4902 for outlines are received by December 3, placed on the building access list to an appointment. (This is not a toll-free 2019, the public hearing will be attend the hearing, see the FOR FURTHER number.) In addition, during the cancelled. INFORMATION CONTACT section of this comment period, comments may be ADDRESSES: The public hearing is being document. viewed online through the Federal Docket Management System (FDMS) at held in the IRS Auditorium, Internal Martin V. Franks, http://www.Regulations.gov. Revenue Service Building, 1111 Branch Chief, Publications and Regulations Constitution Avenue NW, Washington, Branch, Legal Processing Division, Associate FOR FURTHER INFORMATION CONTACT: DC 20224. Due to building security Chief Counsel, (Procedure and Joseph Duran, Director of Policy and procedures, visitors must enter at the Administration). Planning, Office of Community Care Constitution Avenue entrance. In [FR Doc. 2019–25161 Filed 11–20–19; 8:45 am] (10D), Ptarmigan at Cherry Creek addition, all visitors must present a BILLING CODE 4830–01–P Denver, CO, 80209, Joseph.Duran2@ valid photo identification to enter the va.gov or (303) 372–4629. (This is not a building. toll-free number.) Send Submissions to CC:PA:LPD:PR DEPARTMENT OF VETERANS SUPPLEMENTARY INFORMATION: VA is (REG–104554–18 and REG–104870–18), AFFAIRS authorized under 38 U.S.C. 1729 to Room 5205, Internal Revenue Service, recover or collect from a third party the P.O. Box 7604, Ben Franklin Station, 38 CFR Part 17 reasonable charges for medical care or Washington, DC 20044. Submissions services VA furnishes to an individual may be hand-delivered Monday through RIN 2900–AQ68 for a non-service connected disability, Friday to CC:PA:LPD:PR (REG–104554– Provider-Based Requirements to the extent that the individual, or the 18 and REG–104870–18), Couriers Desk, provider of care or services, would be Internal Revenue Service, 1111 AGENCY: Department of Veterans Affairs. eligible to receive payment from the Constitution Avenue NW, Washington, ACTION: Proposed rule. third party if the care or services had DC 20224 or sent electronically via the not been furnished by VA. VA’s Federal eRulemaking Portal at SUMMARY: The Department of Veterans collection or recovery under section www.regulations.gov (IRS REG–104554– Affairs (VA) proposes to amend its 1729 is limited to care or services 18 and REG–104870–18). regulations concerning collection and furnished by VA for a nonservice- FOR FURTHER INFORMATION CONTACT: recovery by VA for medical care and connected disability: Incurred incident Concerning the regulations, Charles services provided to an individual at a to the individual’s employment and Gorham, (202) 317–5091; concerning VA medical facility for treatment of a covered under a worker’s compensation submissions of comments, the hearing nonservice-connected condition. law or plan that provides and/or to be placed on the building Specifically, this rulemaking would add reimbursement or indemnification for access list to attend the hearing, Regina a regulation that establishes the such care and services; incurred as the Johnson at (202) 317–6901 (not toll-free requirements VA will use to determine result of a crime of personal violence numbers), fdms.database@ whether a VA medical facility has that occurred in a State, or a political irscounsel.treas.gov. provider-based status. Such subdivision of a State, in which a determination affects the amount VA SUPPLEMENTARY INFORMATION: The person injured as the result of such a can recover from a third party for the subject of the public hearing is the crime is entitled to receive health care cost of the nonservice-connected care. notice of proposed rulemaking (REG– and services at such State’s or Currently, VA uses the requirements 104554–18 and REG–104870–18) that subdivision’s expense for personal established by the Centers for Medicare was published in the Federal Register injuries suffered as the result of such and Medicaid Services to determine on Monday, September 9, 2019 (84 FR crime; incurred as a result of a motor whether the facility has provider-based 47175 and 47191). vehicle accident in a State that requires The rules of 26 CFR 601.601(a)(3) status; however, it is necessary for VA automobile accident reparations (no- apply to the hearing. Persons who wish to establish its own requirements that fault) insurance; or for which the to present oral comments at the hearing are tailored to VA’s unique operation individual is entitled to care (or the that submitted written comments by and structure. payment of expenses of care) under a November 8, 2019, must submit an DATES: Comments must be received by health plan contract. outline of the topics to be addressed and VA on or before January 21, 2020. VA implements its authority under the amount of time to be devoted to ADDRESSES: Written comments may be section 1729 through regulations at title each topic by Tuesday, December 3, submitted through http:// 38 Code of Federal Regulations (CFR) 2019. www.Regulations.gov, by mail or hand- 17.101 through 17.106. More A period of 10 minutes is allotted to delivery to Director, Office of Regulation specifically, the methodology that VA each person for presenting oral Policy and Management (00REG), uses to determine the amount of its comments. After the deadline for Department of Veterans Affairs, 810 collection or recovery for is established receiving outlines has passed, the IRS Vermont Avenue NW, Room 1064, in 38 CFR 17.101. This rulemaking will prepare an agenda containing the Washington, DC 20420; or by fax to would primarily seek to revise this schedule of speakers. Copies of the (202) 273–9026. (This is not a toll-free methodology with regards to calculating agenda will be made available, free of number.) Comments should indicate the reasonable charges for care and charge, at the hearing or by contacting that they are submitted in response to services VA provides on an outpatient the Publications and Regulations Branch RIN 2900–AQ68, Provider-Based basis. Prior to explaining the proposed at (202) 317–6901 (not a toll-free Requirements. Copies of comments regulatory changes for § 17.101, we number). received will be available for public provide the following background on Because of access restrictions, the IRS inspection in the Office of Regulation how VA developed its current will not admit visitors beyond the Policy and Management, Room 1064, methodology for charges for outpatient

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services. Historically, if VA had a use the CMS provider-based criteria in generally applicable to private health specific item of medical care or service 42 CFR 413.65 to more closely care systems. Significantly, VA is an provided on an outpatient basis, VA approximate industry standard charge integrated, national health care system could charge a professional charge, an structures and billing practices. 68 FR and, therefore, some of the CMS outpatient facility charge, or both. These 70714 (December 19, 2003). That VA requirements in 42 CFR 413.65, charges were developed so as to be rulemaking further established two sets especially as they pertain to proximity mutually exclusive, with the of charges for outpatient care consistent limitations and licensure, are not expectation that both charges could be with Medicare: One for use by facilities appropriate to use for VA facilities. billed for the same occasion of service. that had provider-based status and one Those CMS requirements that are not In April 2000, the Centers for for facilities that did not have provider- appropriate to use for VA facilities are Medicare and Medicaid Services (CMS) based status. The facilities that had further identified and explained in more published a final rule with comment provider-based status could bill both an detail in the discussions below. period that, in pertinent part, codified outpatient professional and facility Additionally, to provide a scope for its long-standing use of provider-based charge. The facilities that did not have the proposed changes further explained status in regulation at 42 CFR 413.65. 65 provider-based status could only bill a below, we note that as of June 2018, 93 FR 18434 (April 7, 2000). In this final professional charge. In consideration of percent out of the total number of VA’s rule, CMS explained that, since the the fact that facilities that did not have facilities from which recoverable costs Medicare program started, some provider-based status could only bill a for care or services are provided (VA’s providers, referred to as main providers, professional charge, the professional billable facilities) already meet the had functioned as a single entity while charge for those facilities would be current CMS provider-based criteria owning and operating additional higher than the professional charge for under 42 CFR 413.65(d) and (e) to departments, locations, and facilities. facilities that had provider-based status, permit VA to bill both an outpatient These departments, locations, and based on Medicare’s higher non-facility professional charge and an outpatient facilities were referred to as provider- practice expense relative value units facility charge. Therefore, the proposed based and were treated as part of the (RVUs). changes explained below would only main provider for Medicare purposes. In Currently, VA defines the terms have a potential effect in practical this regard, to the extent that overhead provider-based and non-provider-based billing practices (to allow for the billing costs of the main provider, such as in 38 CFR 17.101(a)(5). Section of an outpatient facility charge, in administrative and general costs, were 17.101(a)(5) defines provider-based as addition to the current billing of an shared by the provider-based facility, the outpatient department of a VA outpatient professional charge) for seven these costs were allowed to flow to the hospital or any other VA health care percent of VA’s billable facilities. More provider-based facility through the cost entity that meets CMS provider-based detail is provided in the section of this allocation process in the cost report. criteria. Provider-based entities are rulemaking that discusses the This was considered appropriate entitled to bill outpatient facility Regulatory Flexibility Act. because these facilities were also charges. Under § 17.101(a)(5), non- operationally integrated, and the provider-based is defined as a VA health § 17.100 Requirements for Provider- provider-based facility was sharing the care entity (such as a small VA Based Status overhead costs and revenue producing community-based outpatient clinic) that We propose to add a new regulation services controlled by the main functions as the equivalent of a doctor’s at 38 CFR 17.100. Section 17.100 would provider. In the April 2000 final office or for other reasons does not meet be located under the undesignated rulemaking, CMS defined the term CMS provider-based criteria, and, center heading Charges, Waivers, and provider-based status as the relationship therefore, is not entitled to bill Collections and would be titled between a main provider and a outpatient facility charges. VA provider-based entity or a department of establishes the use of the CMS provider- Requirements for provider-based status. a provider, remote location of a hospital, based criteria in its third-party billing In proposed § 17.100(a), we would or satellite facility, that complies with through § 17.101(a)(6), which states in describe a clear scope for establishing the provisions of this section. 42 CFR pertinent part that each VA health care this section, which is to provide the 413.65(a)(2). It also established specific entity are designated as either provider- criteria we would use to determine requirements that must be met in order based or non-provider based provider- whether a VA medical facility has for CMS to recognize a facility as having based entities are entitled to bill provider-based status for purposes of provider-based status. CMS explained outpatient facility charges; non- billing for nonservice-connected and that specific criteria were necessary provider-based entities are not. non-special treatment authority because the designation of provider- For the reasons below, VA proposes to conditions. We would also explain that based status could result in additional revise 38 CFR 17.101 to remove the while these requirements are modeled Medicare payments for services current regulatory requirement that VA after the requirements established in the furnished at the provider-based facility use the CMS provider-based criteria CMS regulation, 42 CFR 413.65, there (outpatient facility charges), and could with regards to VA billing of third are some differences that are designed to also increase the coinsurance liability of parties, and proposes to add a new address the unique operational activities Medicare beneficiaries for those regulation at 38 CFR 17.100 that would of the VA health care system. services. The final rule clarified that 42 establish the criteria that VA would use Proposed § 17.100(b) would contain CFR 413.65 applied to providers and instead to determine whether a VA the definitions that would apply to this facilities seeking Medicare payment. As facility has provider-based status. In so section. While some of these terms are VA does not seek Medicare payment, doing, VA would model new proposed based on those definitions in the CMS the requirements and criteria 38 CFR 17.100 on a majority of the regulation, most are defined in the established in 42 CFR 413.65 applies to current CMS provider-based criteria in context of VA’s unique structure and VA only if VA so establishes through its 42 CFR 413.65, but VA’s revisions organization as indicated within the own regulations. would address the unique structure of discussions of each proposed definition In December 2003, VA amended 38 VA’s health care system, versus the below. This ensures that we use the CFR 17.101 to establish that VA would CMS requirements that are more definitions and terminology that are

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most appropriate and applicable to VA’s For clarity, we will refer to these outpatient, residential, or institutional health care system. facilities as main providers in the extended care). This definition would Community Based Outpatient Clinic preamble and regulation text. We would be consistent with other VA definitions (CBOC) would be defined as a VA- further explain that VAMCs and HCCs or uses of the term, as well as VA’s operated, VA-funded, or VA-reimbursed can be main providers. This definition structure and organization. site of care that is not located within a would reflect VA’s organization and In proposed § 17.100(c), we would set VA Medical Center. We would further structure, and reference those facilities forth the criteria that would be used to explain that a CBOC can provide within VA that are examples of main determine whether a facility has primary, specialty, subspecialty, mental providers. provider-based status for purposes of health, or any combination of health Other Outpatient Services (OOS) billing for nonservice-connected and care delivery services that can be would be defined as a site that provides non-special treatment authority appropriately provided in an outpatient outpatient services to veterans, but does conditions. Section 17.100(c) is largely setting. A CBOC is unique to VA, and not meet the definition of a CBOC or modeled after the requirements for all would be consistent with other VA HCC. This definition would be facilities or organizations in 42 CFR definitions or uses of the term. consistent with other VA definitions or 413.65(d), additional requirements Community Living Center (CLC) uses of the term, as well as VA’s applicable to off-campus facilities or would be defined as a component of the structure and organization. Examples of organizations in 42 CFR 413.65(e), and spectrum of long-term care that provides OOS can include sleep centers, post- obligations of hospital outpatient a skilled nursing environment and traumatic stress disorder clinics, and a departments and hospital-based entities houses a variety of specialty programs, clinic without primary care or mental in 42 CFR 413.65(g). such as respite care, dementia care, and health services. In proposed § 17.100(c)(1), we would skilled nursing care, for persons needing Prospective Payment System (PPS) require that the facility seeking short and long stay services. We would would be defined as a method of provider-based status and the main further explain that CLCs are typically reimbursement in which Medicare provider operate under the same located on or near a VA medical facility payment is made based on a license. This requirement would be and are VA-owned and operated, but predetermined, fixed amount. The consistent with the CMS provider-based may be free-standing in the community. payment amount for a particular service criteria located at 42 CFR 413.65(d)(1), This definition of CLC would be is derived based on the classification which generally requires a department consistent with other VA definitions or system of that service (for example, of a provider, the remote location of a uses of the term. Medicare Severity Diagnosis-Related hospital, or the satellite facility and the Facility would be defined as a point Groups for inpatient hospital services main provider operate under the same of care where individuals can seek furnished by most acute care hospitals). license. As previously explained, VA is health care services, to include a VA This definition would be consistent not distinguishing between departments Medical Center, CBOC, Health Care with the definition used by CMS. of providers, remote locations of a Center, CLC, and Other Outpatient Provider-Based Outpatient Facility hospital, satellite facilities, and other Services site. This definition would (PBO) would be defined as a provider of provider-based facilities. Therefore, specifically reference the facilities health care services that is either created proposed paragraph (c)(1) would state within VA that currently provide health by, or acquired by, a main provider for that the facility seeking provider-based care services. the purpose of furnishing additional status and the main provider operate Health Care Center (HCC) would be health care services under the under the same license. Because VA is defined as a VA-owned, VA-leased, VA- ownership, administrative, and a Federal entity, VA facilities are not contracted, or shared clinic that is financial control of the main provider licensed, and are not required to be operational at least five days per week and meets the criteria outlined in this licensed, under any State laws or other and provides primary care, mental section. CMS does not define the State authorities. Therefore, we would health care, on site specialty services, general term of provider-based also explain that VA facilities are not and performs ambulatory surgery and/or outpatient facility and instead, CMS licensed by States but are considered invasive procedures that may require separately defines the types of facilities licensed by VA for the purpose of moderate sedation or general anesthesia. or entities that could obtain provider- collection and recovery as part of VA’s This definition would be consistent based status, to include department of a national organization structure and in with other VA definitions or uses of the provider, provider-based entity, and accordance with VA standards, term, and is defined to reflect VA’s remote location of a hospital. However, including those recognized by VA’s organization and structure. for the purposes of VA, it is not Office of the Medical Inspector and Main Provider (or parent facility/ necessary to distinguish between the Inspector General, as well as standards hospital or PBH) would be defined as a different types of facilities, and of major healthcare accreditation provider that either creates, or acquires therefore, VA will have one term to organizations such as The Joint ownership of, another facility to deliver broadly encompass all provider-based Commission as applicable to specific additional health care services under its outpatient facilities. VA facilities. name, ownership, and financial and Remote Location of a Hospital would In proposed § 17.100(c)(2), we would administrative control. This is be a CBOC, OOS site, or HCC that is require that the clinical services of the consistent with the CMS definition of located offsite from the main facility. facility seeking provider-based status main provider in 42 CFR 413.65(a)(2). This definition would differ from the and the main provider be integrated. We We note that VA generally refers to its definition provided in 42 CFR 413.65 in would further explain that integration is main providers as provider-based order to specifically define this term demonstrated by several factors, which hospitals (PBHs). Although these within the context of VA’s facilities and would be listed in the regulation. These facilities operate as main providers reflect VA’s unique organization and factors would include (1) the operate in the private sector and are not structure. professional staff at the facility seeking subordinate facilities that would seek VA Medical Center (VAMC) would be provider-based status has clinical provider-based status, VA has defined as a VA facility that provides at privileges at the main provider; (2) the historically referred to them as PBHs. least two categories of care (inpatient, main provider maintains the same

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monitoring and oversight (i.e. would also require that the costs of a outpatient department or hospital-based credentialing and privileging) of the facility that is a hospital department be facility, payments for services in the facility seeking provider-based status as reported in a cost center of the provider, hospital outpatient department of it does for any other department of the costs of a provider-based facility other hospital-based facility are subject to the provider; (3) the medical director of the than a hospital department be reported payment window provisions applicable facility seeking provider-based status in the appropriate cost center or cost to PPS hospitals and to hospitals and maintains a reporting relationship with centers of the main provider. This units excluded from PPS set forth at 42 the chief medical officer or other similar would be consistent with CMS CFR 412.2(c)(5) and at 42 CFR official of the main provider that has the requirements in 42 CFR 413.65(d)(3). 413.40(c)(2), respectively; (6) the same frequency, intensity, and level of However, we would also require that the hospital outpatient department must accountability that exists in the main provider’s integrated health care meet applicable VA policy pertaining to relationship between the medical system manpower and labor budget and hospital health and safety programs; and director of a department of the main the financial status of any provider- (7) VA must treat any facility that is provider and the chief medical officer or based facility be incorporated and located on the main hospital campus as other similar official of the main readily identified in the main provider’s a department of the hospital. The provider, and is under the same type of integrated system reports. This criteria described in (1)–(7) are largely supervision and accountability as any additional requirement would reflect consistent with CMS regulations at other director, medical or otherwise, of that the main provider has § 413.65(d)(5) and (g). the main provider; (4) the medical staff administrative and financial control of We note that we would not propose committees or other professional the provider-based facility, and would to include all of the criteria located at committees at the main provider are be consistent with similar CMS § 413.65(g), Obligations of hospital responsible for medical activities in the requirements in 42 CFR 413.65(d)(3). outpatient departments and hospital- facility seeking provider-based status, This would reflect VA’s current based entities, because some of the including quality assurance, utilization structure and organization in which a requirements are not applicable to VA. review, and the coordination and main provider has such control, For example, § 413.65(g)(3) (hospital integration of services, to the extent particularly budgetary, over facilities. outpatient departments must comply practicable, between the facility seeking Under proposed § 17.100(c)(4), we with all the terms of the hospital’s provider-based status and the main would include a requirement for public provider agreement) and § 413.65(g)(7) provider; (5) the medical records for awareness. Specifically, we would (when a Medicare beneficiary is treated patients treated in the facility are require that the facility seeking in a hospital outpatient department that integrated into a unified retrieval system provider-based status be held out to the is not located on the main provider’s (or cross reference) of the main public (and other payers) as part of the campus, the treatment is not required to provider; (6) inpatient and outpatient main provider. This would be exhibited be provided by the ‘‘antidumping’’ rules services of the facility seeking provider- by the patients of the facility being in § 489.24 of this chapter, and the based status and the main provider are made aware that the facility is part of a beneficiary will incur a coinsurance integrated, and patients treated at the main provider and that they will be liability for an outpatient visit to the facility who require further care have billed accordingly. This would be hospital as well as for the physician full access to all services of the main consistent with the CMS requirement service, certain requirements must be for public awareness in 42 CFR met) are not included because they are provider and are referred where 413.65(d)(4). In addition, we would also not applicable. appropriate to the corresponding propose that all literature, brochures, In proposed § 17.100(c)(6), we would inpatient or outpatient department or and public relations newsletters from include the requirement that the facility service of the main provider; and (7) the facility seeking provider-based seeking provider-based status is inpatient and outpatient services of the status include the relationship between operated under the control of the main facility seeking provider-based status the main provider and the facility. This provider. Such control would require (1) and the main provider are recognized is current VA practice for facilities the main provider and the facility under the main provider’s accreditation. associated or affiliated with a main seeking provider-based status have the The first six factors would be consistent provider and reflects the relationship same governing body; (2) the facility with the CMS criteria located at 42 CFR between the facilities. seeking provider-based status is 413.65(d)(2). However, the seventh Proposed § 17.100(c)(5) would contain operated under the same organizational factor, regarding accreditation, would be obligations when the facility seeking documents as the main provider (e.g. additional factor that demonstrates provider-based status is a hospital the facility is subject to common bylaws integration for VA facilities. This would outpatient department or hospital-based and operating decisions of the main reflect the unique structure and entity, including (1) compliance with provider’s governing body); (3) the main organization of VA, in which inpatient the ‘‘antidumping’’ rules of 42 CFR provider has final responsibility for and outpatient services of VA facilities 489.20(l), (m), (q), and (r) and 42 CFR administrative decisions, final approval are recognized under the main 489.24; (2) physician services must be for contracts with outside parties, final provider’s accreditation. billed with the correct site-of-service so approval for personnel actions, final In proposed § 17.100(c)(3), we would that appropriate physician and responsibility for personnel policies propose to require financial integration practitioner amounts can be determined; (such as code of conduct), and final of the facility seeking provider-based (3) physicians are obligated to comply approval for medical staff appointments status and the main provider. with the non-discrimination provisions in the facility seeking provider-based Specifically, we would require that the in 42 CFR 489.10; (4) the facility seeking status. This is modeled after the criteria financial operations of the facility provider-based status must treat all in § 413.65(e)(1) which requires seeking provider-based status are fully Medicare patients seen on an urgent/ operation under the ownership and integrated within the financial system of emergent basis as hospital outpatients; control of the main provider as an the main provider, as evidenced by (5) in the case of a patient admitted to additional requirement applicable to off- shared income and expenses between the hospital as an inpatient after campus facilities or organizations. the main provider and the facility. We receiving treatment in the hospital However, we propose to remove the

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ownership requirements because, in the facility, but operates under a contract, region has one main provider and when VA structure, main providers do not and in the situation when the VA acquires or creates a new facility own other facilities. employees at a VA facility are contract (that is not a main provider), the new Proposed § 17.100(c)(7) would employees. We would explain that, (1) facility is automatically paired with the establish the requirement for a VA facility that is seeking provider- main provider that is in its region. The administration and supervision of the based status that exists under contract new facility is assigned a shared station facility seeking provider-based status. arrangements, where only VA patients number with the main provider that has Significantly, the reporting relationship are seen, may be designated as provider- a unique suffix and is under the main between the facility seeking provider- based as long as the provider-based provider’s control. We emphasize that based status and the main provider must requirements in this section are met; (2) the pairing is only based on location to have the same frequency, intensity, and A VA facility seeking provider-based the extent that the new facility is within level of accountability that exists in the status that exists under contract the main provider’s region; it does not relationship between the main provider arrangements, where VA patients and depend upon a certain mileage and one of its existing departments, as non-VA patients are seen at the same requirement. For example, in the State evidenced by compliance with further non-VA owned facility, will have the of Maine, there is one main provider identified requirements. These include same provider-based status as the non- and all other facilities, regardless of (1) the facility seeking provider-based VA owned facility that is hosting the VA distance from the main provider, are status must be under the direct facility; and (3) a VA owned and administratively and financially supervision of the main provider, (2) the operated facility seeking provider-based integrated with and controlled by the facility seeking provider-based status status, where some or all of the staff are main provider. It does not matter must be operated under the same contracted employees, may be whether the facility is 20 miles away or monitoring and oversight by the main designated as provider-based as long as 200 miles away. Therefore, VA believes provider as any other department of the the provider-based requirements in this that the location requirement is not a provider and is operated just as any section are met. This is because the relevant criterion to determine other department of the provider with facility is still considered VA owned integration within the VA system. regard to supervision and and operated, regardless of whether the Moreover, the proposed rulemaking accountability; and (3) administrative staff is contracted or not. does not include the requirements for functions (i.e. billing services, records, The CMS requirements include joint ventures under 42 CFR 413.65(f), human resources, payroll, employee numerous other provisions that are management contracts under 42 CFR benefit package, salary structure, and applicable to private health care 413.65(h), inappropriate treatment of a purchasing services) of the facility systems, but are not applicable to the facility or organization as provider- seeking provider-based status are VA health care system. For example, in based under 42 CFR 413.65(j), integrated with those of the main the proposed rulemaking we are not temporary treatment as provider-based provider. including the information in 42 CFR under 42 CFR 413.65(k), correction of We would further explain that as part 413.65(b) or (c) on what is required to errors under 42 CFR 413.65(l), the status of the requirement for the same seek a determination of provider-based of Indian Health Service and Tribal monitoring and oversight located in status from CMS and what is required facilities and organizations under 42 proposed § 17.100(c)(7)(ii), the facility for reporting material changes in CFR 413.65(m), FQHCs and look alikes director or individual responsibility for relationships to CMS, because VA and under 42 CFR 413.65(n), and effective daily operations at the facility must not CMS will make the determination of date of provider-based status under 42 maintain a reporting relationship with a whether a VA facility has provider- CFR 413.65(o). VA believes that these manager at the main provider that has based status. provisions are not pertinent to VA’s the same frequency, intensity and level In addition, this proposed rulemaking structure as a national health care of accountability that exists in the does not include the CMS criteria at 42 system for veterans, and therefore, we relationship between the main provider CFR 413.65(e)(3) regarding location will not include these or similarly not and its existing departments, and is requirements. These include, generally, relevant provisions into the proposed accountable to the governing body of the that the facility is located within a 35 rulemaking. main provider, in the same manner as mile radius of the campus of the any department head of the provider. In potential main provider or that the § 17.101 Collection or Recovery by VA addition, we would explain that the facility is owned and operated by a for Medical Care or Services Provided requirement of integrated administrative hospital that has a disproportionate or Furnished to a Veteran for a functions, as set forth in proposed share adjustment greater than 11.75 Nonservice-Connected Disability § 17.100(c)(7)(iii), includes that either percent and that the facility We propose to revise § 17.101(a)(5) by the same employees or group of demonstrates a high level of integration removing the definitions of provider- employees handle the identified with the main provider by showing that based and non-provider-based. The term administrative functions for the facility it serves the same patient population as provider-based outpatient facility will and main provider, or those functions the main provider. Although in the be defined in § 17.100(b)(2). Therefore, are contracted out under the same private sector, mileage between the we do not believe that it needs to be contract agreement; or are handled main provider and the facility seeking defined in § 17.101. We also propose to under different contract agreements, provider-based status demonstrates a remove the definition of non-provider- with the contract of the facility or level of integration, we believe that the based. CMS does not define that term in organization being managed by the main same is not true for VA. § 413.65 and we do not believe it is provider. The criteria under proposed VA is a nationwide health care system necessary to define. If a facility does not § 17.100(c)(7) are consistent with those that is structured to require all facilities meet the criteria in § 17.100, the facility under the CMS regulations at 42 CFR that are not main providers be will simply not have provider-based 413.65(e)(2). controlled by and financially and status. Lastly, under proposed § 17.100(d), administratively integrated with the We propose to amend § 17.101(a) by we would illustrate how the criteria are main provider in its region, regardless of first stating that the paragraph will applied when VA does not own the mileage. In this regard, each designated cover charges related to provider-based

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status. We would explain that facilities Regulatory Flexibility Act This proposed rule is not subject to that have provider-based status by meet The Secretary hereby certifies that the requirements of E.O. 13771 because the criteria in § 17.100 would be entitled this proposed rule would not have a this proposed rule results in no more to bill outpatient facility charges and significant economic impact on a than de minimis costs. professional charges. The professional substantial number of small facilities as Unfunded Mandates charges for these facilities would be they are defined in the Regulatory produced by the methodologies set forth Flexibility Act, 5 U.S.C. 601–612. Over The Unfunded Mandates Reform Act in this section based on facility expense 90 per cent of VA’s current billing of 1995 requires, at 2 U.S.C. 1532, that RVUs. Facilities that do not have facilities presently engage in the agencies prepare an assessment of provider-based status because it did not practices that would be enabled by this anticipated costs and benefits before meet the criteria in § 17.100 would not rule for a remaining small percentage of issuing any rule that may result in the be permitted to bill outpatient facility VA facilities. Additionally, while the expenditure by State, local, and tribal charges and could only bill a rule would allow for recognition of an governments, in the aggregate, or by the professional charge. The professional additional set of billable charges for the private sector, of $100 million or more charges for these facilities would be small percentage of VA facilities that to produced by the methodologies set forth (adjusted annually for inflation) in any not already engage in such practices, the one year. This proposed rule is not in this section based on non-facility rule would not guarantee such charges likely to have such effect on State, local, practice expense RVUs. would be paid by third parties or and tribal governments, or on the collected by VA. The estimated average § 17.106 VA Collection Rules; Third- private sector. Party Payers annual potential impact of less than $4 million would otherwise not be Catalog of Federal Domestic Assistance As previously discussed, under 38 significant when considered to apply to Numbers U.S.C. 1729, VA has the right to recover the aggregate of typical third-party or collect reasonable charges for medical insurers or payers in the U.S. health The Catalog of Federal Domestic care or services from a third party under care industry at large. Therefore, Assistance numbers and titles for the four circumstances. In addition, section pursuant to 5 U.S.C. 605(b), this rule is programs affected by this document are 1729(f) provides that no law of any State exempt from the initial and final 64.008—Veterans Domiciliary Care; or of any political subdivision of a State, regulatory flexibility analysis 64.011—Veterans Dental Care; 64.012— and no provision of any contract or requirements of 5 U.S.C. 603 and 604. Veterans Prescription Service; 64.013— other agreement, shall operate to Executive Orders 12866, 13563, and Veterans Prosthetic Appliances; prevent recovery or collection by the 13771 64.014—Veterans State Domiciliary United States under this section or with Care; 64.015—Veterans State Nursing respect to care or services furnished Executive Orders 12866 and 13563 Home Care; 64.026—Veterans State under section 1784 of this title. VA has direct agencies to assess the costs and Adult Day Health Care; 64.039— benefits of available regulatory established rules for third party payers CHAMPVA; 64.040—VHA Inpatient alternatives and, when regulation is in 38 CFR 17.106. Specifically, Medicine; 64.041—VHA Outpatient necessary, to select regulatory § 17.106(f) contains the general rules for Specialty Care; 64.042—VHA Inpatient approaches that maximize net benefits the administration of section 1729 and Surgery; 64.043—VHA Mental Health this part, with clarifying examples of (including potential economic, environmental, public health and safety Residential; 64.044—VHA Home Care; when a third-party may not reduce, 64.045—VHA Outpatient Ancillary offset, or request a refund for payments effects, and other advantages; distributive impacts; and equity). Services; 64.046—VHA Inpatient made to VA. Section 17.106(f)(2) Psychiatry; 64.047—VHA Primary Care; explicitly provides that the list of Executive Order 13563 (Improving Regulation and Regulatory Review) 64.048—VHA Mental Health clinics; examples is not exclusive. We propose 64.049—VHA Community Living to add another example to 38 CFR emphasizes the importance of Center; 64.050—VHA Diagnostic Care. 17.106(f)(2) to clarify that third parties quantifying both costs and benefits, cannot reduce or refuse payment based reducing costs, harmonizing rules, and List of Subjects in 38 CFR Part 17 on VA’s designation that a facility is promoting flexibility. provider-based. The Office of Management and Budget Administrative practice and has examined the economic, procedure, Alcohol abuse, Alcoholism, Effect of Rulemaking interagency, budgetary, legal, and policy Claims, Day care, Dental health, Drug implications of this regulatory action The Code of Federal Regulations, as abuse, Health care, Health facilities, and determined that it is a significant Health professions, Health records, proposed to be revised by this proposed regulatory action under Executive Order rulemaking, would represent the Medical devices, Medical research, 12866, because it raises novel legal or Mental health programs, Nursing exclusive legal authority on this subject. policy issues arising out of legal homes, Philippines, Veterans. No contrary rules or procedures would mandates, the President’s priorities, or be authorized. All VA guidance would the principles set forth in this Executive Signing Authority be read to conform with this proposed Order. VA’s impact analysis can be rulemaking if possible or, if not found as a supporting document at The Secretary of Veterans Affairs, or possible, such guidance would be http://www.regulations.gov, usually designee, approved this document and superseded by this rulemaking. within 48 hours after the rulemaking authorized the undersigned to sign and Paperwork Reduction Act document is published. Additionally, a submit the document to the Office of the copy of the rulemaking and its impact Federal Register for publication This rule contains no collections of analysis are available on VA’s website at electronically as an official document of information under the Paperwork http://www.va.gov/orpm by following the Department of Veterans Affairs. Reduction Act of 1995 (44 U.S.C. 3501– the link for VA Regulations Published Robert L. Wilkie, Secretary, Department 3521). from FY 2004 through FYTD. of Veterans Affairs, approved this

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document on May 3, 2019, for Main provider. A main provider (or (i) The professional staff of the facility publication. parent facility/hospital or provider- has clinical privileges at the main based hospital (PBH)) is a provider that provider. Consuela Benjamin, either creates, or acquires ownership of, (ii) The main provider maintains the Regulations Development Coordinator, Office another facility to deliver additional same monitoring and oversight (i.e. of Regulation Policy & Management, Office health care services under its name, credentialing and privileging) of the of the Secretary, Department of Veterans facility seeking provider-based status as Affairs. ownership, and financial and administrative control. For example, VA it does for any other department of the For the reasons set out in the Medical Centers and HCCs can be main provider. preamble, VA proposes to amend 38 providers. (iii) The medical director of the CFR part 17 as set forth below: Other Outpatient Services (OOS). A facility seeking provider-based status maintains a reporting relationship with PART 17—MEDICAL site that provides outpatient services to veterans, but does not meet the the chief medical officer or other similar official of the main provider that has the ■ 1. The authority citation for part 17 definition of a CBOC or HCC per this same frequency, intensity, and level of continues to read in part as follows: section. Prospective Payment System (PPS). A accountability that exists in the Authority: 38 U.S.C. 501, and as noted in relationship between the medical specific sections. Prospective Payment System (PPS) is a method of reimbursement in which director of a department of the main * * * * * Medicare payment is made based on a provider and the chief medical officer or ■ 2. Add § 17.100 under the predetermined, fixed amount. The other similar official of the main undesignated center heading ‘‘Charges, payment amount for a particular service provider, and is under the same type of Waivers, and Collections’’ to read as is derived based on the classification supervision and accountability as any follows: system of that service (for example, other director, medical or otherwise, of Medicare Severity Diagnosis-Related the main provider. § 17.100 Requirements for provider-based (iv) The medical staff committees or status. Groups for inpatient hospital services other professional committees at the furnished by most acute care hospitals). (a) Scope. This section establishes the main provider are responsible for criteria that VA uses to determine Provider-based outpatient facility medical activities in the facility seeking whether a VA medical facility is (PBO). A provider-based outpatient provider-based status, including quality designated as provider-based for facility is a provider of health care assurance, utilization review, and the purposes of billing for non-service- services that is either created by, or coordination and integration of services, connected and non-special treatment acquired by, a main provider for the to the extent practicable, between the authority conditions. purpose of furnishing additional health facility seeking provider-based status (b) Definitions. For purposes of this care services under the ownership, and the main provider. section: administrative, and financial control of (v) Medical records for patients Community Based Outpatient Clinic the main provider, and meets the treated in the facility seeking provider- (CBOC). A CBOC is a VA-operated, VA- criteria outlined in this section. based status are integrated into a unified funded, or VA-reimbursed site of care Remote location of a hospital. A retrieval system (or cross reference) of that is not located within a VA Medical remote location of a hospital is a CBOC, the main provider. Center. A CBOC can provide primary, OOS Site, or HCC that is located offsite (vi) Inpatient and outpatient services specialty, subspecialty, mental health, from the main facility. of the facility seeking provider-based or any combination of health care VA Medical Center (VAMC). A VAMC status and the main provider are delivery services that can be is a VA facility that provides at least two integrated, and patients treated at the appropriately provided in an outpatient categories of care (inpatient, outpatient, facility who require further care have setting. residential, or institutional extended full access to all services of the main Community Living Center (CLC). A care). provider and are referred where CLC is a component of the spectrum of (c) Criteria for provider-based status. appropriate to the corresponding long-term care that provides a skilled In order to be designated as a provider- inpatient or outpatient department or nursing environment and houses a based facility, the following criteria service of the main provider. variety of specialty programs for persons must be met: (vii) Inpatient and outpatient services needing short and long stay services. VA (1) Licensure. The facility seeking of the facility seeking provider-based CLCs are typically located on, or near a provider-based status and the main status and the main provider are VA medical facility and are VA-owned provider must operate under the same recognized under the main provider’s and operated, but may be free-standing license. VA facilities are not licensed by accreditation. in the community. States but all VA facilities are (3) Financial integration. The Facility. A facility is a point of care considered licensed for the purpose of financial operations of the facility where individuals can seek VA health collection and recovery by VA as part of seeking provider-based status are fully care services, to include a VA Medical VA’s national organization structure and integrated within the financial system of Center, CBOC, Health Care Center, CLC, in accordance with VA standards, the main provider, as evidenced by and Other Outpatient Services site. including standards established or shared income and expenses between Health Care Center (HCC). An HCC is recognized by VA’s Offices of the the main provider and the facility. The a VA-owned, VA-leased, VA-contracted Medical Inspector and Inspector General costs of a facility that is a hospital or shared clinic that is operational at and major healthcare accreditation department are reported in a cost center least five days per week and provides organizations. of the provider, costs of a facility other primary care, mental health care, on site (2) Clinical services. The clinical than a hospital department are reported specialty services, and performs services of the facility seeking provider- in the appropriate cost center or cost ambulatory surgery and/or invasive based status and the main provider must centers of the main provider. The main procedures that may require moderate be integrated. Integration is provider’s integrated health care system sedation or general anesthesia. demonstrated by the following: manpower and labor budget and the

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financial status of any facility seeking (i) The main provider and the facility handled under different contract provider-based status is incorporated seeking provider-based status have the agreements, with the contract of the and readily identified in the main same governing body. facility or organization being managed provider’s integrated system reports. (ii) The facility seeking provider- by the main provider. (4) Public awareness. The facility based status is operated under the same (d) Illustrations of how the criteria are seeking provider-based status must be organizational documents as the main applied. (1) A VA facility that is seeking held out to the public (and other payers) provider. For example, the facility provider-based status that exists under as part of the main provider. Patients of seeking provider-based status must be contract arrangements, where only VA the facility must be made aware that the subject to common bylaws and patients are seen, may be designated as facility is part of a main provider and operating decisions of the governing provider-based if the provider-based that they will be billed accordingly. All body of the main provider. requirements in this section are met. literature, brochures, and public (iii) The main provider has final (2) A VA facility seeking provider- relations newsletters from the facility responsibility for administrative based status that exists under contract seeking provider-based status must decisions, final approval for contracts arrangements, where VA patients and provide the relationship between the with outside parties, final approval for non-VA patients are seen at the same main provider and the facility. personnel actions, final responsibility non-VA owned facility, will have the for personnel policies (such as code of same provider-based status as the non- (5) Obligations of hospital outpatient conduct), and final approval for medical departments and hospital-based VA owned facility that is hosting the VA staff appointments in the facility facility. facilities. If the facility seeking provider- seeking provider-based status. based status is a hospital outpatient (3) A VA owned and operated facility (7) Administration and Supervision. seeking provider-based status, where department or hospital-based facility, The reporting relationship between the the facility must fulfill the obligations some or all of the staff are contracted facility seeking provider-based status employees, may be designated as described in this paragraph: and the main provider must have the (i) The hospital outpatient department provider-based if the provider-based same frequency, intensity, and level of requirements in this section are met. must comply with the antidumping accountability that exists in the ■ rules of 42 CFR 489.20(l), (m), (q), and 2. Amend § 17.101 by: relationship between the main provider ■ a. Revising the section heading; (r) and § 489.24. and one of its existing departments, as ■ b. Removing the definitions ‘‘Non- (ii) Physician services furnished in evidenced by compliance with all of the provider-based’’ and ‘‘Provider-based’’ hospital outpatient departments or following requirements: from paragraph (a)(5); and hospital-based facilities must be billed (i) The facility seeking provider-based ■ c. Revising paragraph (a)(6). with the correct site-of-service so that status is under the direct supervision of The revisions read as follows: appropriate physician and practitioner the main provider. payment amounts can be determined (ii) The facility seeking provider- § 17.101 Collection or recovery by VA for based on their geographical location. based status is operated under the same medical care or services provided or (iii) Physicians who work in hospital monitoring and oversight by the main furnished to a veteran for a non-service outpatient departments or hospital- provider as any other department of the connected disability. based facilities are obligated to comply provider, and is operated just as any (a) * * * with the non-discrimination provisions other department of the provider with (6) Provider-based status and charges. in 42 CFR 489.10(b). regard to supervision and Facilities that have provider-based (iv) Hospital outpatient departments accountability. The facility director or status by meeting the criteria in § 17.100 must treat all Medicare patients seen on individual responsible for daily are entitled to bill outpatient facility an urgent/emergent basis as hospital operations at the facility: charges and professional charges. The outpatients. (A) Maintains a reporting relationship professional charges for these facilities with a manager at the main provider are produced by the methodologies set (v) In the case of a patient admitted that has the same frequency, intensity, forth in this section based on facility to the hospital as an inpatient after and level of accountability that exists in expense RVUs. Facilities that do not receiving treatment in the hospital the relationship between the main have provider-based status because they outpatient department or hospital-based provider and its existing departments; do not meet the criteria in § 17.100 are facility, payments for services in the and not permitted to bill outpatient facility hospital outpatient department or (B) Is accountable to the governing charges and can only bill a professional hospital-based facility are subject to the body of the main provider, in the same charge. The professional charges for payment window provisions applicable manner as any department head of the these facilities are produced by the to PPS hospitals and to hospitals and provider. methodologies set forth in this section units excluded from PPS set forth at 42 (iii) The following administrative based on non-facility practice expense CFR 412.2(c)(5) and at 42 CFR functions of the facility seeking RVUs. 413.40(c)(2), respectively. provider-based status are integrated (vi) The hospital outpatient * * * * * with those of the main provider where ■ department must meet applicable VA 3. Amend § 17.106 by adding the facility is based: billing services, paragraph (f)(2)(viii) to read as follows: policies pertaining to hospital health records, human resources, payroll, and safety programs. employee benefit package, salary § 17.106 VA collection rules; third-party (vii) VA must treat any facility that is structure, and purchasing services. payers. located on the main hospital campus as Either the same employees or group of * * * * * a department of the hospital. employees handle these administrative (f) * * * (6) Operation under the control of the functions for the facility and the main (2) * * * main provider. The facility seeking provider, or the administrative (viii) A third party may not reduce or provider-based status is operated under functions for both the facility and the refuse payment if the facility where the the control of the main provider. main provider are contracted out under medical treatment was furnished is Control of the main provider requires: the same contract agreement; or are designated by VA as provider-based, but

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the facility does not meet the provider- identified in the FOR FURTHER The amendments to the legislative based status requirements under 42 CFR INFORMATION CONTACT section. For the rule include the following changes: To 413.65 Centers. full EPA public comment policy, section 45–8–1 (General), the filing, * * * * * information about CBI or multimedia effective, and incorporation by reference dates are changed to reflect the update [FR Doc. 2019–24880 Filed 11–20–19; 8:45 am] submissions, and general guidance on making effective comments, please visit of the legislative rule, subsection 1.5 BILLING CODE 8320–01–P https://www.epa.gov/dockets/ was renumbered to subsection 1.6, and commenting-epa-dockets. a new subsection 1.5 (Sunset Provision) FOR FURTHER INFORMATION CONTACT: was added; to section 45–8–3 (Adoption ENVIRONMENTAL PROTECTION of Standards), the dates of the primary AGENCY Joseph Schulingkamp, Planning & Implementation Branch (3AD30), Air & and secondary NAAQS and the ambient 40 CFR Part 52 Radiation Division, U.S. Environmental air monitoring reference and equivalent Protection Agency, Region III, 1650 methods that are to be incorporated by [EPA–R03–OAR–2019–0553; FRL–10002– Arch Street, Philadelphia, Pennsylvania reference are changed. The filing and 39–Region 3] 19103. The telephone number is (215) effective dates of the legislative rule 814–2021. Mr. Schulingkamp can also were updated to April 24, 2019 and June Approval and Promulgation of Air 1, 2019 respectively. The date of the Quality Implementation Plans; West be reached via electronic mail at [email protected]. federal rules in 40 CFR parts 50 and 53 Virginia; 2019 Amendments to West that are being incorporated by reference SUPPLEMENTARY INFORMATION: On May 6, Virginia’s Ambient Air Quality into 45–8–3 are changed from June 1, 2019, the West Virginia Department of Standards 2017 to June 1, 2018. Environmental Protection (WVDEP) AGENCY: Environmental Protection submitted a formal revision to its SIP II. Proposed Action Agency (EPA). pertaining to amendments of Legislative EPA is proposing to approve the West ACTION: Proposed rule. Rule, 45CSR8—Ambient Air Quality Virginia SIP revision updating the date Standards. The SIP submittal updates SUMMARY: The Environmental Protection of incorporation by reference, which Agency (EPA) is proposing to approve a the version of the federal NAAQS and was submitted on May 6, 2019. EPA is state implementation plan (SIP) revision the associated monitoring reference and soliciting public comments on the submitted by the State of West Virginia. equivalent methods for those NAAQS update to West Virginia’s incorporation This revision updates the effective date that West Virginia incorporates by by reference. Please note that EPA is not of the national ambient air quality reference into West Virginia’s legislative seeking public comment on the level of standards (NAAQS) and the associated rules. the NAAQS being incorporated by monitoring reference and equivalent I. Summary of SIP Revision reference into the West Virginia methods for those NAAQS that West regulations. An opportunity for public WVDEP has historically chosen to comment on the level of each individual Virginia incorporates by reference into incorporate by reference the federal its state regulations. This action is being NAAQS was given when EPA proposed NAAQS, found at 40 CFR part 50, and each such NAAQS. Relevant comments taken under the Clean Air Act (CAA). the associated federal ambient air DATES: Written comments must be will be considered before taking final monitoring reference methods and action. received on or before December 23, equivalent methods for these NAAQS 2019. found at 40 CFR part 53. When III. Incorporation by Reference ADDRESSES: Submit your comments, incorporating by reference these federal In this document, EPA is proposing to identified by Docket ID No. EPA–R03– regulations, WVDEP has specified that it include in a final EPA rule regulatory OAR–2019–0553, at https:// is incorporating by reference these text that includes incorporation by www.regulations.gov, or via email to regulations as they existed on a certain reference. In accordance with [email protected]. For date. The incorporation by reference of requirements of 1 CFR 51.5, EPA is comments submitted at Regulations.gov, the NAAQS that is currently SIP- proposing to incorporate by reference follow the online instructions for approved by EPA incorporates by 45CSR8, as effective on June 1, 2019. submitting comments. Once submitted, reference 40 CFR parts 50 and 53 as they EPA has made, and will continue to comments cannot be edited or removed existed on June 1, 2017. This SIP make, these materials generally from Regulations.gov. For either manner revision updates the State’s available through https:// of submission, EPA may publish any incorporation by reference of the www.regulations.gov and at the EPA comment received to its public docket. primary and secondary NAAQS and the Region III Office (please contact the Do not submit electronically any ambient air monitoring reference and person identified in the FOR FURTHER information you consider to be equivalent methods, found in 40 CFR INFORMATION CONTACT section of this confidential business information (CBI) parts 50 and 53, respectively. Since the preamble for more information). or other information whose disclosure is last West Virginia incorporation by restricted by statute. Multimedia reference of June 1, 2017, EPA reviewed IV. Statutory and Executive Order submissions (audio, video, etc.) must be the primary standards for oxides of Reviews accompanied by a written comment. nitrogen (NOX), as required by CAA Under the CAA, the Administrator is The written comment is considered the section 109(d), and retained the current required to approve a SIP submission official comment and should include 1-hour and annual nitrogen dioxide that complies with the provisions of the discussion of all points you wish to (NO2) standards without revision. See CAA and applicable Federal regulations. make. EPA will generally not consider 83 FR 17226. EPA has not made any 42 U.S.C. 7410(k); 40 CFR 52.02(a). comments or comment contents located changes to the ambient air monitoring Thus, in reviewing SIP submissions, outside of the primary submission (i.e. reference methods or any ambient air EPA’s role is to approve state choices, on the web, cloud, or other file sharing monitoring equivalent methods since provided that they meet the criteria of system). For additional submission the last effective date of the West the CAA. Accordingly, this action methods, please contact the person Virginia rule. merely approves state law as meeting

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Federal requirements and does not requirements, Sulfur oxides, Volatile identified in the FOR FURTHER impose additional requirements beyond organic compounds. INFORMATION CONTACT section. For the those imposed by state law. For that Authority: 42 U.S.C. 7401 et seq. full EPA public comment policy, reason, this proposed action: information about CBI or multimedia • Is not a ‘‘significant regulatory Dated: October 28, 2019. submissions, and general guidance on action’’ subject to review by the Office Cosmo Servidio, making effective comments, please visit of Management and Budget under Regional Administrator, Region III. https://www.epa.gov/dockets/ Executive Orders 12866 (58 FR 51735, [FR Doc. 2019–25166 Filed 11–20–19; 8:45 am] commenting-epa-dockets. October 4, 1993) and 13563 (76 FR 3821, BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: January 21, 2011); Joseph Schulingkamp, Planning & • Is not an Executive Order 13771 (82 Implementation Branch (3AD30), Air & FR 9339, February 2, 2017) regulatory ENVIRONMENTAL PROTECTION AGENCY Radiation Division, U.S. Environmental action because SIP approvals are Protection Agency, Region III, 1650 exempted under Executive Order 12866. • 40 CFR Part 52 Arch Street, Philadelphia, Pennsylvania Does not impose an information 19103. The telephone number is (215) collection burden under the provisions [EPA–R03–OAR–2019–0552; FRL–10002– 814–2021. Mr. Schulingkamp can also of the Paperwork Reduction Act (44 38–Region 3] be reached via electronic mail at U.S.C. 3501 et seq.); [email protected]. • Is certified as not having a Approval and Promulgation of Air significant economic impact on a Quality Implementation Plans; District SUPPLEMENTARY INFORMATION: substantial number of small entities of Columbia; Negative Declaration for I. Background under the Regulatory Flexibility Act (5 the Oil and Gas Control Techniques On October 27, 2016, EPA published U.S.C. 601 et seq.); Guideline • Does not contain any unfunded in the Federal Register the ‘‘Release of AGENCY: Environmental Protection Final Control Techniques Guidelines for mandate or significantly or uniquely Agency (EPA). affect small governments, as described the Oil and Natural Gas Industry.’’ See ACTION: Proposed rule. in the Unfunded Mandates Reform Act 81 FR 74798. The CTG provided information to state, local, and tribal air of 1995 (Public Law 104–4); SUMMARY: The Environmental Protection agencies to assist them in determining • Does not have Federalism Agency (EPA) is proposing to approve a reasonably available control technology implications as specified in Executive state implementation plan (SIP) revision (RACT) for volatile organic compounds Order 13132 (64 FR 43255, August 10, submitted by the District of Columbia. (VOC) emissions from select oil and 1999); This revision pertains to a negative natural gas industry emission sources. • Is not an economically significant declaration for the October 2016 Oil and CAA section 182(b)(2)(A) requires that regulatory action based on health or Natural Gas Control Techniques for ozone nonattainment areas classified safety risks subject to Executive Order Guideline (CTG) (2016 Oil and Gas as Moderate, states must revise their 13045 (62 FR 19885, April 23, 1997); CTG). This action is being taken under • SIPs to include provisions to implement Is not a significant regulatory action the Clean Air Act (CAA). RACT for each category of VOC sources subject to Executive Order 13211 (66 FR DATES: Written comments must be 28355, May 22, 2001); covered by a CTG document issued • received on or before December 23, between November 15, 1990, and the Is not subject to requirements of 2019. Section 12(d) of the National date of attainment. CAA section Technology Transfer and Advancement ADDRESSES: Submit your comments, 184(b)(1)(B) extends this requirement to Act of 1995 (15 U.S.C. 272 note) because identified by Docket ID No. EPA–R03– states in the Ozone Transport Region application of those requirements would OAR–2019–0552 at https:// (OTR). States are required to adopt be inconsistent with the CAA; and www.regulations.gov, or via email to RACT controls that are at least as • Does not provide EPA with the [email protected]. For stringent as those found within the CTG. discretionary authority to address, as comments submitted at Regulations.gov, If no sources are found within the appropriate, disproportionate human follow the online instructions for jurisdiction of the states, the state may health or environmental effects, using submitting comments. Once submitted, submit as a SIP revision a negative practicable and legally permissible comments cannot be edited or removed declaration stating that there are no methods, under Executive Order 12898 from Regulations.gov. For either manner applicable sources in the state. of submission, EPA may publish any (59 FR 7629, February 16, 1994). II. Summary of SIP Revision and EPA In addition, this proposed rule, comment received to its public docket. Analysis revising the incorporation by reference Do not submit electronically any date of 45CSR8, does not have tribal information you consider to be On July 17, 2019, the District of implications as specified by Executive confidential business information (CBI) Columbia’s Department of Energy and Order 13175 (65 FR 67249, November 9, or other information whose disclosure is Environment (DOEE), on behalf of the 2000), because the SIP is not approved restricted by statute. Multimedia District of Columbia, submitted a to apply in Indian country located in the submissions (audio, video, etc.) must be revision to its SIP concerning a negative state, and EPA notes that it will not accompanied by a written comment. declaration for the 2016 Oil and Gas impose substantial direct costs on tribal The written comment is considered the CTG. In its submittal, DOEE conducted governments or preempt tribal law. official comment and should include a search of its sources to determine if discussion of all points you wish to the District has any sources that fall List of Subjects in 40 CFR Part 52 make. EPA will generally not consider within the applicability of the 2016 Oil Environmental protection, Air comments or comment contents located and Gas CTG. DOEE reviewed the pollution control, Carbon monoxide, outside of the primary submission (i.e., following sources of information: Incorporation by reference, Lead, on the web, cloud, or other file sharing DOEE’s Air Quality Division’s Nitrogen dioxide, Ozone, Particulate system). For additional submission permitting database for potential matter, Reporting and recordkeeping methods, please contact the person sources subject to the 2016 Oil and Gas

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CTG, the Energy Information in the Unfunded Mandates Reform Act ACTION: Proposed rule. Administration’s data regarding natural of 1995 (Pub. L. 104–4); gas pipelines and areas of oil and gas • Does not have Federalism SUMMARY: The Environmental Protection development, the Department of implications as specified in Executive Agency (EPA) is proposing to approve Homeland Security’s database of critical Order 13132 (64 FR 43255, August 10, State Implementation Plan (SIP) infrastructure which includes natural 1999); revisions submitted by the State of Utah gas compressor stations, the District’s • Is not an economically significant on January 4, 2016, which include Department of Consumer and regulatory action based on health or revisions to Utah’s Division of Regulatory Affairs database which safety risks subject to Executive Order Administrative Rule (DAR) R307–110– would include a basic business license 13045 (62 FR 19885, April 23, 1997); 10 and maintenance plans for the Salt for broad categories of businesses, and • Is not a significant regulatory action Lake County, Utah County, and Ogden the District’s point and area source subject to Executive Order 13211 (66 FR City nonattainment areas (NAAs) for inventory. Within each database or 28355, May 22, 2001); particulate matter with an aerodynamic system reviewed, the District found no • Is not subject to requirements of diameter less than or equal to a nominal sources subject to the 2016 Oil and Gas Section 12(d) of the National 10 microns (PM10), and on March 6, CTG. After completing this search, the Technology Transfer and Advancement 2019, which include PM10 redesignation District has declared that no sources Act of 1995 (15 U.S.C. 272 note) because requests and supplemental information subject to the 2016 Oil and Gas CTG application of those requirements would for Salt Lake County, Utah County and exist within the District. be inconsistent with the CAA; and Ogden City. These submittals • Does not provide EPA with the demonstrate that the Salt Lake County, III. Proposed Action discretionary authority to address, as Utah County and Ogden City areas have EPA is proposing to approve the appropriate, disproportionate human attained the PM10 National Ambient Air District’s SIP revision concerning the health or environmental effects, using Quality Standards (NAAQS), request negative declaration for the 2016 Oil practicable and legally permissible redesignation to attainment and include and Gas CTG, which was submitted on methods, under Executive Order 12898 maintenance plans for the areas July 17, 2019. EPA is soliciting public (59 FR 7629, February 16, 1994). demonstrating attainment for fifteen comments on the issues discussed in In addition, this proposed rule, years. Also, the EPA is proposing this document. These comments will be addressing the District’s negative approval of Utah’s February 27, 2017 considered before taking final action. declaration for the 2016 Oil and Gas submittal, which includes rule revisions CTG, does not have tribal implications to address our October 19, 2016 IV. Statutory and Executive Order as specified by Executive Order 13175 conditional approval of Utah’s DAR Reviews (65 FR 67249, November 9, 2000), R307–302 revisions that were submitted Under the CAA, the Administrator is because the SIP is not approved to apply May 9, 2013, May 20, 2014, and required to approve a SIP submission in Indian country located in the state, September 8, 2015. Additionally, the that complies with the provisions of the and EPA notes that it will not impose EPA is proposing to approve SIP CAA and applicable Federal regulations. substantial direct costs on tribal revisions submitted by the State of Utah 42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law. on February 15, 2019, with additional non-substantive changes submitted on Thus, in reviewing SIP submissions, List of Subjects in 40 CFR Part 52 EPA’s role is to approve state choices, July 1, 2019, August 20, 2019, and provided that they meet the criteria of Environmental protection, Air October 15, 2019, which includes the CAA. Accordingly, this action pollution control, Incorporation by revisions that are located in DAR R307– merely approves state law as meeting reference, Ozone, Volatile organic 110–17 and SIP Subsections IX.H.1–2. Federal requirements and does not compounds. The EPA is taking this action pursuant to section 107, 110, and 175A of the impose additional requirements beyond Authority: 42 U.S.C. 7401 et seq. those imposed by state law. For that Clean Air Act (CAA or the Act). reason, this proposed action: Dated: October 28, 2019. DATES: Written comments must be • Is not a ‘‘significant regulatory Cosmo Servidio, received on or before December 23, action’’ subject to review by the Office Regional Administrator, Region III. 2019. [FR Doc. 2019–25167 Filed 11–20–19; 8:45 am] of Management and Budget under ADDRESSES: Submit your comments, Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P identified by Docket ID No. EPA–R08– October 4, 1993) and 13563 (76 FR 3821, OAR–2019–0276, to the Federal January 21, 2011); Rulemaking Portal: https:// • Is not an Executive Order 13771 (82 ENVIRONMENTAL PROTECTION AGENCY www.regulations.gov. Follow the online FR 9339, February 2, 2017) regulatory instructions for submitting comments. action because SIP approvals are 40 CFR Parts 52 and 81 Once submitted, comments cannot be exempted under Executive Order 12866. edited or removed from • Does not impose an information [EPA–R08–OAR–2019–0276; FRL–10002– www.regulations.gov. The EPA may collection burden under the provisions 15–Region 8] publish any comment received to its of the Paperwork Reduction Act (44 Approval and Promulgation of public docket. Do not submit U.S.C. 3501 et seq.); electronically any information you • Implementation Plans; State of Utah; Is certified as not having a Salt Lake County, Utah County, and consider to be Confidential Business significant economic impact on a Information (CBI) or other information Ogden City PM10 Redesignation to substantial number of small entities Attainment, Designation of Areas for whose disclosure is restricted by statute. under the Regulatory Flexibility Act (5 Air Quality Planning Purposes and Multimedia submissions (audio, video, U.S.C. 601 et seq.); State Implementation Plan Revisions etc.) must be accompanied by a written • Does not contain any unfunded comment. The written comment is mandate or significantly or uniquely AGENCY: Environmental Protection considered the official comment and affect small governments, as described Agency (EPA). should include discussion of all points

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you wish to make. The EPA will maintenance and enforcement of the PM10 SIP that allowed trading between generally not consider comments or NAAQS. This plan is commonly PM10 and NOX motor vehicle emissions comment contents located outside of the referred to as a SIP. Section 110 budgets (MVEBs) for transportation primary submission (i.e., on the web, contains requirements that a SIP must conformity determinations (67 FR cloud, or other file sharing system). For meet in order to be approved by the 44065). Additionally, on September 2, additional submission methods, the full EPA.1 For NAAs, SIPs must meet 2008 (73 FR 51222), the EPA approved EPA public comment policy, additional requirements contained in updates to R307–310, Salt Lake County: information about CBI or multimedia part D of Title I of the Act. Usually, SIPs Trading of Emission Budgets for submissions, and general guidance on include measures to control emissions Transportation Conformity. making effective comments, please visit of air pollutants from various sources, On June 18, 2001 (66 FR 32752), the http://www2.epa.gov/dockets/ including stationary, mobile and area EPA approved a one-year attainment commenting-epa-dockets. sources. For example, a SIP may specify date extension for the Salt Lake County Docket: All documents in the docket emission limits at power plants or other NAA to December 31, 1995 and are listed in the www.regulations.gov industrial sources. determined that the Salt Lake County index. Although listed in the index, Under the 1990 amendments to the NAA attained by this extended some information is not publicly CAA, Salt Lake and Utah Counties were attainment date. Additionally, within available, e.g., CBI or other information designated nonattainment for PM10 and the June 18, 2001 (66 FR 32752) action, whose disclosure is restricted by statute. classified as Moderate areas by the EPA approved a two-year attainment Certain other material, such as operation of law as of November 15, date extension for the Utah County NAA copyrighted material, will be publicly 1990 (56 FR 56694, 56840; November 6, to December 31, 1996 and determined available only in hard copy. Publicly 1991). The air quality planning that the Utah County NAA attained by available docket materials are available requirements for PM10 Moderate NAAs this extended attainment date. either electronically in are set out in Title I, part D, subparts 1 On December 23, 2002, the EPA www.regulations.gov or in hard copy at and 4 of the Act. As described in section approved additional revisions to the the Air and Radiation Division, 110 and 172 of the Act, areas designated Utah County PM10 SIP that updated Environmental Protection Agency nonattainment based on a failure to attainment demonstrations, established (EPA), Region 8, 1595 Wynkoop Street, meet the PM10 NAAQS are required to new 24-hour emission limits for major Denver, Colorado 80202–1129. The EPA develop SIPs with sufficient control stationary sources, established new requests that if at all possible, you measures to expeditiously attain and MVEBs and approved an update to R307–110–10 (67 FR 78181). On May contact the individual listed in the FOR maintain the NAAQS. On July 8, 1994, the EPA approved 18, 2015 (80 FR 28193), the EPA FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You the PM10 SIP for Salt Lake and Utah approved a new rule, R307–311, Utah may view the hard copy of the docket Counties (59 FR 35036), including County: Trading of Emission Budgets for Monday through Friday, 8:00 a.m. to approval of R307–110–10, Section IX, Transportation Conformity, which is the Control Measures for Area and Point mechanism for allowing trading from 4:00 p.m., excluding federal holidays. Sources, Part A, Fine Particulate Matter. MVEB of PM10 to MVEB for NOX. FOR FURTHER INFORMATION CONTACT: The SIP included a demonstration of On September 26, 1995, the EPA Crystal Ostigaard, Air and Radiation attainment and various control designated Ogden City as nonattainment Division, EPA, Region 8, Mailcode measures, including emission limits at for PM10 and classified the area as 8ARD–QP, 1595 Wynkoop Street, stationary sources. Because emissions of Moderate under section 107(d)(3) of the Denver, Colorado, 80202–1129, (303) sulfur dioxide (SO2) and nitrogen oxides Act (60 FR 38726, July 28, 1995). On 312–6602, [email protected]. (NOX) contribute significantly to the January 7, 2013 (78 FR 885), the EPA SUPPLEMENTARY INFORMATION: PM10 problem in the area, the SIP finalized a clean data determination Throughout this document wherever included limits on emissions of SO2 and (CDD) for Ogden City which suspended ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean NOX in addition to emissions of PM10. Utah’s obligation to make SIP the EPA. Additionally, approval of R307–110–10, submissions for attainment related requirements which includes an I. Background incorporated by reference (IBR) the Utah SIP, Section IX, Control Measures for attainment demonstration, reasonably Under section 109 of the Act, the EPA Area and Point Sources, Part A, Fine available control measures (RACM)/ has promulgated NAAQS for certain Particulate Matter and made this section reasonably available control technology pollutants, including PM10 (40 CFR a part of Utah’s SIP approved rules. (RACT), reasonable further progress 50.2(b)). Once the EPA promulgates a On December 6, 1999, the EPA (RFP), contingency measures and NAAQS, section 107 of the Act specifies approved revisions to the road salting milestone reports. a process for the designation of all areas and sanding programs for the two On October 19, 2016 (81 FR 71988), within a state, generally as either an counties (64 FR 68031). On July 1, 2002, the EPA conditionally approved attainment area (an area attaining the the EPA approved a new rule, R307– revisions to R307–302, Solid Fuel NAAQS) or as a NAA (an area not 310, Salt Lake County: Trading of Burning Devices in Box Elder, Cache, attaining the NAAQS, or that Emission Budgets for Transportation Davis, Salt Lake, Tooele, Utah and contributes to nonattainment of the Conformity, to the Salt Lake County Weber Counties based on Utah’s NAAQS in a nearby area). For PM10, commitment letter dated May 19, 2016. certain areas have also been designated 1 EPA’s approval of a SIP has several On February 27, 2017, Utah submitted ‘‘unclassifiable.’’ These various consequences. For example, after the EPA approves revisions to R307–302 in accordance a SIP, the EPA and citizens may enforce the SIP’s designations, in turn, trigger certain requirements in Federal court under section 113 with that conditional approval. When state planning requirements. and section 304 of the Act; in other words, the the EPA takes final action on today’s For all areas, regardless of EPA’s approval of a SIP makes the SIP ‘‘Federally proposal, it will complete the action on designation, section 110 of the Act enforceable.’’ Also, once the EPA has approved a the revisions described in the SIP, a state cannot unilaterally change the Federally requires that each state adopt and enforceable version of the SIP. Instead, the state conditional approval. submit for EPA approval a plan to must submit a SIP revision for EPA review and On October 11, 2017 (82 FR 47149), provide for implementation, approval. the EPA approved revisions to R307–

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11–17 titled ‘‘Section IX, Control of less than or equal to 25%.’’; (4) Limits and Operating Practices, PM10 Measures for Area and Point Sources, revising the Applicability to include Requirements. This section establishes Part H, Emission Limits’’ and SIP clarification on the solid fuel burning general requirements for record keeping, Subsection IX. H.1–4, which established device and where this rule is applicable; reporting and monitoring for the emissions limits for PM10, NOX, and SO2 (5) revised terminology throughout the stationary sources subject to emissions for certain stationary sources in the rule to provide better alignment; (6) limits under subsections IX.H.2–4. NAAs. revised to include ‘‘Prohibited Fuels’’ Additionally, this section establishes and additional language to support this II. The EPA’s Evaluation general refinery requirements, revision; and (7) removal of the term addressing limitations on emitting units A. EPA’s Evaluation of Utah’s SIP ‘‘Phase 2’’ in the Prohibition section to common to the refineries in the NAAs. Revisions be consistent with the 2015 New Source These general refinery requirements Performance Standard. (i) R307–302, Solid Fuel Burning include limits at fluid catalytic cracking The Utah Air Quality Board proposed units, limits on refinery fuel gas, Devices in Box Elder, Cache, Davis, Salt revisions to R307–302 for public Lake, Tooele, Utah and Weber Counties restrictions on liquid fuel oil comment on August 3, 2016, with the consumption, requirement for sulfur The EPA conditionally approved rule public comment period held from removal units and requirements for revisions to R307–302—Solid Fuel October 1 to October 31, 2016. UDAQ hydrocarbon flares. Burning Devices in Box Elder, Cache, received comments from one Revisions that were submitted on Davis, Salt Lake, Tooele, Utah and commenter; which included cursory Weber Counties, and the rule’s RACM questions about R307–302.2 UDAQ February 15, 2019, for Subsection analysis in our October 19, 2016 (81 FR summarizes these comments and IX.H.1. provided clarifications, removed 71988) final rule based on a May 19, responded within the February 1, 2017 implementation dates that have passed 2016 commitment letter from the Utah submittal. There were no requests for a and cleaned up other aspects of this Division of Air Quality (UDAQ). Rule public hearing. The Utah Air Quality section. These revisions are generally R307–302 is an existing rule that was Board adopted the revision to R307–302 non-substantive and do not affect the approved by the EPA on February 14, on December 7, 2016, and it became stringency of the SIP; thus, the EPA is 2006 (71 FR 7679). This rule establishes effective on February 1, 2017. proposing to approve these revisions. emission standards for fireplaces and (ii) R307–110–10 2. Subsection IX.H.2. Source Specific solid fuel burning devices used in Emission Limitations in Salt Lake Section R307–110–10 incorporates the residential, commercial, institutional County PM10 Nonattainment/ amendments to Section IX.A into state and industrial facilities and associated Maintenance Area. This section rules, thereby making them effective as outbuilding used to provide comfort establishes specific emission limitations a matter of state law. This is a heating. for 13 sources. Major stationary sources ministerial provision and does not by On February 27, 2017, the State of were identified based on their potential itself include any SIP measures. Utah submitted revisions to R307–302, to emit (PTE) of 100 tons per year (tpy) based on the commitment letter and (iii) R307–110–17 or more of PM10, NOX, or SO2. Revisions made additional revisions to provide Section R307–110–17 incorporates the for Subsection IX.H.2. were submitted further clarification and remove amendments to Section IX.H into state on February 15, 2019, and with non- redundancies within the rule. The rules, thereby making them effective as substantive revisions submitted on July revisions contained in the February 27, a matter of state law. This is a 1, 2019, August 20, 2019, and October 2017 submission include: (1) Shortening ministerial provision and does not by 15, 2019. A summary of the current the title of the rule to ‘‘R307–302. Solid itself include any control measures. emission limits for retained sources, are Fuel Burning Devices’’; (2) updating the outlined in Table 1, below, and a Purpose of the rule for better (iv) Subsection IX.H.1–2 summary of the proposed new emission clarification; (3) updating the 1. Subsection IX.H.1. General limits are outlined in Table 2 below. We Definitions to include ‘‘Seasoned wood Requirements: Control Measures for are proposing to approve the revisions means wood that has a moisture content Area and Point Sources, Emission specified in the below tables.

TABLE 1—CURRENT SOURCE SPECIFIC EMISSION LIMITATIONS IN THE SALT LAKE COUNTY PM10 NONATTAINMENT AREA

Mass based Source Pollutant Process unit limits Concentration based limits Alternative emission limits (tpd)

Big West Oil Company ...... NOX ...... Source-Wide ...... 0.80 SO2 ...... Source-Wide ...... 0.60 Chevron Products Company ...... NOX ...... Source-Wide ...... 2.1 SO2 ...... Source-Wide ...... 1.05 Holly Refining and Marketing NOX ...... Source-Wide ...... 2.09 Company. SO2 ...... Source-Wide ...... 0.31 Tesoro Refining & Marketing NOX ...... Source-Wide ...... 1.988 Company. SO2 ...... Source-Wide ...... 3.1 tpd = tons per day.

2 February 1, 2017 State of Utah Submittal for R307–302; Comments and Final Adoption Memo.

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TABLE 2—PROPOSED SOURCE SPECIFIC EMISSION LIMITATIONS IN THE SALT LAKE COUNTY PM10 NONATTAINMENT AREA

Mass based Source Pollutant Process Unit limits Concentration based limits Alternative emission limits (tpd)

Big West Oil Company ...... NOX ...... Source-Wide ...... * 0.80 ...... 195 tons per rolling 12-month period. SO2 ...... Source-Wide ...... * 0.60 ...... 140 tons per rolling 12-month period. Chevron Products Company ...... NOX ...... Source-Wide ...... * 2.1 ...... 766.5 tons per rolling 12-month period. SO2 ...... Source-Wide ...... * 1.05 ...... 383.3 tons per rolling 12-month period. NOX ...... Rich-Burn Compressor Engine ...... 236 parts per million, volumetric Number K35001. dry (ppmvd) at 0% O2. NOX ...... Rich-Burn Compressor Engine ...... 208 ppmvd at 0% O2. Number K35002. NOX ...... Rich-Burn Compressor Engine ...... 230 parts per million dry volume Number K35003. (ppmdv) at 0% O2. Holly Refining and Marketing NOX ...... Source-Wide ...... * 2.09 ...... 347.1 tons per rolling 12-month Company. period. SO2 ...... Source-Wide ** ...... * 0.31 ...... 110.3 tons per rolling 12-month period. Tesoro Refining & Marketing NOX ...... Source-Wide ...... 2.3 ...... 475 tons per rolling 12-month Company. period. SO2 ...... Source-Wide ...... 3.8 ...... 300 tons per rolling 12-month period. Utah Municipal Power Associa- NOX ...... Source-Wide ...... 5 ppmdv (15% O2 dry) on 30- tion: West Valley Power Plant. day rolling average. * These limits are not being revised. ** Excluding routine SRU turnaround maintenance emissions.

Additional revisions within equipment listed in the tables by included in Table 3, below. We are Subsection IX.H.2. include tables that January 1, 2019. The specific point proposing to approve the inclusion of directs the owner/operator to install sources, along with the emission units these tables within each specified specified control emissions from the and the specific control equipment are source section.

TABLE 3—PROPOSED SOURCE SPECIFIC EMISSION UNITS AND ACCOMPANYING CONTROL EQUIPMENT

Source Emision unit Control equipment

Big West Oil Company ...... FCCU Regenerator ...... Flue gas blowback ‘‘Pall Filter,’’ quaternary cyclones with fabric filter. H–404 #1 Crude Heater ...... Ultra-low NOX burners. Refinery Flares ...... Subpart Ja, and MACT CC flaring standards. SRU ...... Tail gas incinerator and redundant caustic scrubber. Product Loading Racks ...... Vapor recovery and vapor combustors. Wastewater Treatment System ...... API separator fixed cover, carbon adsorber canisters to be installed 2019. Chevron Products Company ...... Boilers: 5, 6, 7 ...... Low NOX burners and flue gas recirculation (FGR). Cooling Water Towers ...... High efficiency drift eliminators. Crude Furnaces F21001, F21002 ...... Low NOX burners. Crude Oil Loading ...... Vapor Combustion Unit (VCU). FCC Regenerator Stack...... Vacuum gas oil hydrotreater, Electrostatic precipitator (ESP) and cyclones. Flares: Flare 1, 2 ...... Flare gas recovery system. HDS Furnaces F64010, F64011 ...... Low NOX burners. Reformer Compressor Drivers K35001, Selective Catalytic Reduction (SCR). K35002, K35003. Sulfur Recovery Unit 1 ...... Tail gas treatment unit and tail gas inciner- ation. Sulfur Recovery Unit 2 ...... Tail gas treatment unit and tail gas inciner- ation. Wastewater Treatment Plant ...... Existing wastewater controls system of in- duced air flotation (IAF) and regenerative thermal oxidation (RTO). Holly Refining and Marketing Company ...... Process heaters and boilers ...... Boilers 8 & 11: LNB+SCR Boilers 5, 9 & 10: SCR Process heaters 20H2, 20H3, 23H1, 24H1, 25H1: ULNB. Cooling water towers 10, 11 ...... High efficiency drift eliminators. FCCU regenerator stacks ...... WGS with Lo-Tox. Flares ...... Flare gas recovery system. Sulfur recovery unit ...... Tail gas incineration and WGS with Lo-Tox.

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TABLE 3—PROPOSED SOURCE SPECIFIC EMISSION UNITS AND ACCOMPANYING CONTROL EQUIPMENT—Continued

Source Emision unit Control equipment

Wastewater treatment plant...... API separators, dissolved gas floatation (DGF), moving bed bio-film reactors (MBBR). Tesoro Refining & Marketing Company ...... FCCU/CO Boiler ...... Wet Gas Scrubber, LoTOx. Furnace F–1 ...... Ultra Low NOX Burners. Tanks ...... Tank Degassing Controls. North and South Flares ...... Flare Gas Recovery. Furnace H–101 ...... Ultra Low NOX Burners. Truck loading rack ...... Vapor recovery unit. Sulfur recovery unit ...... Tail Gas Treatment Unit. API separator ...... Floating roof (single seal).

Additional revisions are found within the current emission limits and the the additional start-up/shut-down Subsection IX.H.2.h. Kennecott Utah updated emissions limits, including for limitations found in the Natural Gas and Copper (KUC): Power Plant and Tailings start-up/shut-down limits. We are Coal sections. Impoundment. Table 4, below, provides proposing to approve these limits and

TABLE 4—NOX LIMITS FOR KENNECOTT UTAH COPPER (KUC): POWER PLANT AND TAILINGS IMPOUNDMENT FOR UNIT #4

Normal operation or start-up/shut- Fuel being burned down ppmdv 3% O2 lbs/hr lbs/MMBtu lbs/event

Natural Gas ...... Normal ...... 30 32 0.04 ...... Start-up/Shut-down ...... 395 Coal ...... Normal ...... 30 32 0.04 ...... Start-up/Shut-down ...... 395

Other revisions are contained in Subsection IX.H.2.m. was updated with for NOX and SO2 at the Tesoro Refining Subsection IX.H.2.k.; (1) Subsection the new facility name of ‘‘Utah and Marketing Company. For Tesoro, IX.H.2.k.ii.A., where the natural gas/ Municipal Power Association: West Utah increased the allowable daily refinery fuel gas combustion using: Low Valley Power Plant.’’ We are proposing emissions caps for both NOX and SO2 NOX burners (LNB): Is revised from 41 to approve these revisions. but has added a rolling 12-month cap lbs/MMbtu to 0.051 lbs/MMbtu; (2) Additional revisions were submitted for both pollutants. The inclusion of a Subsection IX.H.2.k.ii.B., which on February 15, 2019, July 1, 2019, 12-month rolling cap effectively lowers includes new language ‘‘Stack testing is August 20, 2019, and October 15, 2019, the allowable annual emissions, as not required for natural gas/refinery fuel that included clarifications, stack test outlined in Table 5 and Table 6 below. gas combustion equipment with a NOX requirements, updating specific From Table 5 and Table 6, we see that CEMS’’; (3) Subsection IX.H.2.k.iii.B., calculations, corrections, and non- while the daily emissions cap for NOX new language includes ‘‘SRUs: The substantive changes. We are proposing and SO are slightly increased, and the emission rate shall be determined by 2 to approve the remaining revisions rolling allowable 12-month average multiplying the sulfur dioxide within Subsection IX.H.1. and 2. that emissions decreased by 250.62 tons and concentration in the flue gas by the flow was not specifically discussed in the 831.5 tons, respectively. Monitoring rate of the flue gas. The sulfur dioxide tables and paragraphs above. concentration in the flue gas shall be data from the Salt Lake City area for determined by CEM as outlined in (v) Consideration of Section 110(l) of the both NO2 and SO2 are shown in Table IX.H.1.f.’’; and (4) new sections are CAA 7 below. As shown in Table 7, the added: Subsection IX.H.2.k.iii.C. and Under section 110(l) of the CAA, the current design values for SO2 are an Subsection IX.H.2.k.iv. We are EPA cannot approve a SIP revision if the order of magnitude lower than their proposing approval of these revisions. revision would interfere with any respective standards, and the NO2 Other revisions are contained in applicable requirements concerning design values are 40%–50% lower than Subsection IX.H.2.l.i. and ii. where the attainment and RFP toward attainment their respective standards. Due to Salt emission point Boiler numbers were of the NAAQS, or any other applicable Lake City’s low NO2 and SO2 monitored updated; Boiler #4 will be de- requirement of the Act. In addition, values, the minimal increase in NOX commissioned, and Boiler #9 will be section 110(l) requires that each revision and SO2 allowable daily emissions in installed and operational by December to an implementation plan submitted by combination with the overall decrease 31, 2019; and the initial test dates were a state be adopted by the state after in allowable NOX and SO2 annual updated for the renumbered Boilers. reasonable notice and public comment. emissions from the Tesoro facility will Additionally, Subsection IX.H.2.l.iii. The Utah SIP revisions at Subsection not interfere with the areas ability to was removed since the facility IX.H.2 required additional analysis to attain and maintain the NO2 and SO2 completed the requirement by the satisfy CAA 110(l) requirements due to NAAQS. specified date of January 1, 2019. a modification of the source-wide caps

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TABLE 5—PROPOSED TESORO DAILY AND ANNUAL CAP REVISIONS FOR NOX

Current Proposed NOX Current NOX Proposed NOX potential NOX annual Facility daily cap daily cap annual emissions (tpd) (tpd) emissions (tons) (tons)

Tesoro Refining and Marketing Company ...... 1.988 2.3 725.62 475

TABLE 6—PROPOSED TESORO DAILY AND ANNUAL CAP REVISIONS FOR SO2

Current Proposed SO2 Current SO2 Proposed SO2 potential SO2 annual Facility daily cap daily cap annual emissions (tpd) (tpd) emissions (tons) (tons)

Tesoro Refining and Marketing Company ...... 3.1 3.8 1131.5 300

TABLE 7—SALT LAKE CITY NO2 AND SO2 MONITORING DATA (2016–2018) IN PARTS PER BILLION (ppb)

Monitored Pollutant standard NAAQS value design values (ppb) (ppb)

NO2 Annual Standard ...... 53 30.1 NO2 1-hour Standard ...... 100 53 SO2 24-hour Standard * ...... 140 2 SO2 Annual Standard * ...... 30 0 SO2 1-hour Standard ...... 75 7

* The 1971 SO2 24-hour and annual standards were revoked in 2010, but the Salt Lake City area remains a nonattainment for the 1971 stand- ards until a maintenance plan and redesignation request are submitted by the state and approved by the EPA.

Within the PM10 maintenance plan, B. What requirements must be followed redesignation requests against the Utah used the revised annual PTE limit for redesignation to attainment? conditions listed above. when projecting the 2019, 2024, 2028 On January 4, 2016, and on March 6, In order for a NAA to be redesignated and 2030 emissions inventory.3 The 2019, the Governor of Utah submitted to attainment, the following conditions inclusion of the PTE did not prevent the revisions to the SIP for the Salt Lake in section 107(d)(3)(E) of the CAA must County, Utah County and Ogden City area from demonstrating continued be met: maintenance of the PM10 NAAQS. NAAs and requested that the EPA Similarly, Utah used the annual PTE (i) We must determine that the area redesignate the areas to attainment for has attained the NAAQS; values for the modeled attainment PM10. The following is a brief demonstration of fine particulate matter (ii) The applicable implementation discussion of how Utah’s redesignation plan for the area must be fully approved (PM2.5), submitted on February 15, 2019. request and maintenance plans meet the With the inclusion of Tesoro’s revised under section 110(k) of the Act; requirements of the Act for limits, Utah demonstrated that the Salt (iii) We must determine that the redesignation of the Salt Lake County, Lake City PM2.5 NAA was still able to improvement in air quality is due to Utah County, and Ogden City areas to model attainment of the PM2.5 NAAQS. permanent and enforceable reductions attainment for PM10. in emissions resulting from We are not acting on any aspect of the C. Do the redesignation requests and implementation of the applicable Salt Lake City PM2.5 Serious SIP within maintenance plans meet the CAA implementation plan and applicable this proposed rule; the reference above requirements? is only being used as a support to our Federal air pollutant control regulations CAA section 110(l) analysis. and other permanent and enforceable (i) Attainment of PM10 NAAQS reductions; The Utah SIP revisions that the EPA Whether an area has attained the PM10 (iv) We must fully approve a is proposing to approve do not interfere NAAQS is based exclusively upon maintenance plan for the area as with any applicable requirements of the measured air quality levels over the meeting the requirements of CAA Act, including attainment or RFP. The most recent and complete three calendar section 175A; and, DAR section R307–110–10, R307–110– year period. See 40 CFR part 50 and 40 17, and Subsection IX.H.1–2, submitted (v) The State containing such area CFR part 50, appendix K. A state must on January 4, 2016, February 15, 2019, must meet all requirements applicable demonstrate that an area has attained July 1, 2019, August 20, 2019, and to the area under section 110 and part the PM10 NAAQS through submittal of October 15, 2019, are intended to D of the CAA. ambient air quality data from an strengthen the SIP. Therefore, CAA Our September 4, 1992 guidance ambient air monitoring network section 110(l) requirements are satisfied. entitled ‘‘Procedures for Processing representing maximum PM10 Requests to Redesignate Areas to concentrations. The data, which must be

3 Attainment’’ (referred to in this action quality assured and recorded in the January 4, 2016, Utah PM10 Maintenance Plans, Technical Support Document (TSD), Chapter 3: as the Calcagni Memorandum) outlines EPA’s Air Quality System (AQS), must Baseline and Projected Inventories. how to assess the adequacy of show that the average annual number of

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expected exceedances for the area is less Monitoring Sites (NAMS), in the Salt Utah submitted ambient air quality data than or equal to 1.0, pursuant to 40 CFR Lake County, Utah County and Ogden from the monitoring sites which 50.6. In making this showing, three City NAAs. Of this total, three are in the demonstrates that the area has attained consecutive years of complete air Salt Lake County NAA, two are in the the PM10 NAAQS. This air quality data quality data must be used. Utah County NAA and one is in the had been quality-assured and placed in Between 2016 and 2018, Utah Ogden City NAA. As part of the AQS on a quarterly basis. Table 8 below operated six PM10 monitors, which were redesignation request for Salt Lake shows expected exceedances for 2016– either State and Local Air Monitoring County, Utah County and Ogden City, 2018 for all monitors in the PM10 NAAs. Stations (SLAMS) or National Air

TABLE 8—2015–2017 AND 2016–2018 EXPECTED PM10 EXCEEDANCES FOR MONITOR SITES IN THE PM10 NONATTAINMENT AREAS

2015–2017 2016–2018 24-hour PM10 24-hour PM10 AQS ID Monitor site Nonattainment area Average an- Average an- nual nual exceedances exceedances

49–035–1001 ...... Magna ...... Salt Lake County ...... * 0.3 * 0.3 49–035–3006 ...... Hawthorn ...... Salt Lake County ...... * 0 * 0 49–035–3013 ...... Herriman ...... Salt Lake County ...... * 0.7 0.3 49–049–0002 ...... North Provo ...... Utah County ...... * 0 ...... 49–049–4001 ...... Lindon ...... Utah County ...... * 0 0 49–057–0002 ...... Ogden ...... Ogden City ...... * 0.4 0 * Incomplete.4

The three-year averages were either 0 Those states containing initial The EPA’s prior actions on Salt Lake or less than 1.0, which indicates the Salt Moderate PM10 NAAs were required to and Utah Counties PM10 SIPs, along Lake County, Utah County and Ogden submit a SIP by November 15, 1991, with Ogden City PM10 CDD, Utah SIP City areas attained the 24-hour PM10 which demonstrated attainment of the section Part H, and R307–403 are NAAQS. In addition, there have been no PM10 NAAQS by December 31, 1994. discussed in Section I: Background reported exceedances of the PM10 However, under section 188(d) of the above. CAA, Moderate PM NAAs are eligible NAAQS so far in 2019. Further 10 (iii) Improvement in Air Quality Due to for up to two one-year extensions of information on PM10 monitoring is Permanent and Enforceable Measures presented in Subsections IX.A.11.b(1), their attainment dates if they meet IX.A.12.b(1), and IX.A.13.b(1) of the Salt certain requirements of the Act. On June Section 107(d)(3)(E)(iii) of the CAA Lake County, Utah County and Ogden 8, 2001 (66 FR 32752), the EPA finalized provides that for an area to be City maintenance plans, respectively. a one-year extension for the Salt Lake redesignated to attainment, the We have evaluated the ambient air County NAA and two one-year Administrator must determine that the quality data and Utah has adequately extensions for the Utah County NAA. improvement in air quality is due to permanent and enforceable reductions demonstrated that the PM10 NAAQS has The Salt Lake and Utah Counties been attained in the Salt Lake County, Moderate attainment date of December in emissions resulting from Utah County and Ogden City areas. 31, 1994 was extended to December 31, implementation of the applicable 1995, and December 31, 1996, implementation plan, implementation (ii) Fully Approved State respectively. Within the June 8, 2001 of applicable Federal air pollutant Implementation Plan (66 FR 32752) final action, the EPA also control regulations, and other determined that the Salt Lake and Utah permanent and enforceable reductions. Section 107(d)(3)(E)(ii) of the CAA Counties attained by these extended The Salt Lake County area plan was states that for an area to be redesignated attainment dates. adopted in June 1991 and approved by to attainment, it must be determined Section 107(d)(3)(E)(ii) of the CAA the EPA on July 8, 1994 (59 FR 35036). that the Administrator has fully states that for NAAs to be redesignated The Utah County area plan was adopted approved the applicable to attainment, it must be determined in September 1990, modified in June implementation plan for the area under that the Administrator has fully 1991, and approved by the EPA on July section 110(k). approved the applicable 8, 1994 (59 FR 35036). The Utah County implementation plan for the areas under area plan was revised and adopted on 4 40 CFR part 50, Appendix K specifies that section 110(k). We approved the Salt June 5, 2002 and July 3, 2002, and the ‘‘when data for a year are incomplete, it is necessary EPA approved these revisions on to compute an estimated number of exceedances for Lake County and Utah County PM10 that year by adjusting the observed number of attainment plans on July 8, 1994 (59 FR December 23, 2002 (67 FR 78181). The exceedances.’’ This process is described in 35036). The SIP included a SIP’s emission control plans were based Appendix K, section 3.0. While some of the quarters demonstration of attainment and on emission reductions from stationary have missing sample days as seen in the AQS report sources, re-entrained road dust controls, found in the accompanying docket, none of the various control measures, including quarters where data is considered incomplete has emission limits at stationary sources. woodburning restrictions, and mobile exceedances in the same quarter during the design Because emissions of SO2 and NOX source emission control programs. value period. Additionally, the missing data are not contribute significantly to the PM10 These permanent and enforceable during an inversion period and exceedances would control measures are explained below. not be expected. Therefore, the missing data do not problem in the areas, the SIPs included affect the expected number or exceedances in Table limits on emissions of SO2 and NOX in As part of the PM10 SIP, Utah has 8. addition to emissions of PM10. been implementing emission limits

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found in Subsection IX.H.1–4. The titles 66264), the EPA approved the I/M The modeling domain encompasses all for Subsection IX.H.1–4 include: (1) programs for Salt Lake County and Utah three areas within the state that were General Requirements: Control County, respectively. On September 14, designated as nonattainment for PM10: Measures for Area and Point Sources, 2005, the EPA approved the I/M Salt Lake County, Utah County and Emission Limits and Operating program in Weber county (70 FR 54267). Ogden City, as well as a bordering Practices, PM10 Requirements; (2) We have evaluated the various State region.6 Source Specific Emission Limitations in and Federal control measures and Since this bordering region is so large Salt Lake County PM10 Nonattainment/ historical emissions inventories and Maintenance Area; (3) Source Specific believe that the improvement in air (the modeling domain was used for the Emission Limitations in Utah County quality in the Salt Lake and Utah larger region of PM2.5 nonattainment), a PM10 Nonattainment/Maintenance Area; Counties NAAs have resulted from ‘‘core area’’ within this domain was and (4) Interim Emission Limits and emission reductions that are permanent identified wherein a higher degree of Operating Practices. The revisions and enforceable. accuracy was included. Within this core area (which includes Weber, Davis, Salt approved on October 11, 2017 (82 FR (iv) Fully Approved Maintenance Plan Lake and Utah Counties), SIP-specific 47149), established emission limitations Under Section 175A of the Act and related requirements for certain inventories were prepared to include Section 107(d)(3)(E) of the Act stationary sources of PM10, NOX and seasonal adjustments and forecasting to requires that, for a NAA to be SO2, as well as updates of the inventory represent each of the projection years. In of major stationary sources to accurately redesignated to attainment, we must the bordering regions, outside the core reflect the current sources in both the fully approve a maintenance plan which area, the 2011 National Emissions meets the requirements of section 175A Salt Lake County and Utah County Inventory (NEI) was used in the of the Act. The plan must demonstrate areas. analysis. There were four general continued attainment of the relevant Utah has also implemented multiple categories of sources included in these area source rules in the Salt Lake NAAQS in the area for at least 10 years after our approval of the redesignation. inventories: Large stationary sources, County, Utah County and Ogden City smaller area sources, on-road mobile areas. Some area source rules that Eight years after our approval of a redesignation, a state must submit a sources and off-road mobile sources. would impact PM10 NAAs include controls on solid fuel burning devices revised maintenance plan For each of these source categories, (R307–302), road salting/sanding (R307– demonstrating attainment for the 10 the pollutants that were inventoried 307), fugitive emissions/dust (R307– years following the initial 10-year included: PM10, SO2, NOX, volatile 309) and aggregate processing (R307– period. The maintenance plan must also organic compounds (VOC) and 312).5 On February 25, 2016 (81 FR contain a contingency plan to ensure ammonia (NH3). SO2 and NOX are prompt correction of any violation of 9343), October 19, 2016 (81 FR 71988), specifically defined as PM10 precursors, and October 2, 2019 (84 FR 52368) the the NAAQS. See sections 175A(b) and and the Community Multi-scale Air EPA approved revisions to several area (d). The Calcagni Memorandum outlines Quality Model (CMAQ) model also source rules and approved new rules for five core elements that are necessary to considers ammonia and VOC to be ensure maintenance of the relevant PM2.5 NAAs into the Utah SIP, which contributing factors in the formation of NAAQS in an area seeking provide direct and indirect benefits to secondary aerosol. More detailed redesignation from nonattainment to PM10 NAAs. descriptions of the 2011 base-year Additionally, on October 19, 2016 (81 attainment. Those elements, as well as guidelines for subsequent maintenance inventory and the 2019, 2024, 2028 and FR 71988), the EPA finalized a 2030 projection inventories can be conditional approval of certain revisions plan revisions, are explained in detail below. found in section IX.A.11.c, IX.A.12.c, to R307–302–5 (Solid Fuel Burning and IX.A.13.c, Maintenance Plan, Devices) based on a commitment letter a. Attainment Inventory subsection (2) Attainment Inventory of from the director of UDAQ. In that The EPA’s interpretations of the CAA the Salt Lake County, Utah County, and letter, Utah committed to ‘‘establishing section 175A maintenance plan a prohibition on fuel types that can’t be Ogden City Maintenance Plans, and in requirements are generally provided in burned in a solid fuel burning device at the technical support document (TSD). the General Preamble (see 57 FR 13498, any time.’’ With UDAQ’s February 27, Utah’s submittal contains detailed April 16, 1992) and the Calcagni 2017 submittal, R307–302–5 was emission inventory information that was Memorandum referenced above. Under revised to represent what was in the prepared in accordance with the EPA our interpretations, PM 7 commitment letter, which satisfied the 10 maintenance emission inventory guidance. condition specified in the conditional plans should include an attainment Summary of emission figures from 2011 approval. Accordingly, when the EPA emission inventory to identify the level base year and the projected inventories takes final action on today’s proposal, it of emissions in the area which is are provided in Table 9, 10 and 11, will complete the EPA’s action on the sufficient to maintain the NAAQS. below. An emissions inventory was May 9, 2013, May 20, 2014, and developed and submitted with the PM September 8, 2015 submittals for R307– 10 6 January 4, 2016 State of Utah submittal for Salt maintenance plan for the Salt Lake 302. Lake County, Utah County, and Ogden City PM10 The mobile source control measures County, Utah County and Ogden City Maintenance Plan; Figure IX.A.11.1. areas on December 4, 2015. This 7 EPA’s current guidance on the preparation of implemented in the PM10 SIP include submittal contains a base year of 2011, PM10 emission inventories includes, ‘‘PM10 inspection and maintenance (I/M) interim-year projection inventories for Emission Inventory Requirements,’’ September programs in Salt Lake, Utah and Weber 1994, ‘‘Emission Inventory Improvement Program 2019, 2024 and 2028, and projected Counties. On August 1, 2005 (70 FR Technical Report Serious, Volumes I–VII,’’ July maintenance inventory of 2030. The 1997 and September 1999, ‘‘Revised 1999 National 44055) and November 2, 2005 (70 FR emissions contained in the inventories Emission Inventory Preparation Plan,’’ February 2001, ‘‘Emissions Inventory Guidance for 5 See January 4, 2016 State of Utah Submittal for include sources of PM10 and PM10 Implementation of Ozone and Particulate Matter PM10 Maintenance Plans/Redesignation Requests; precursor emissions located within a National Ambient Air Quality Standards (NAAQS) TSD; Chapter 3. regional area called a modeling domain. and Regional Haze Regulations’’, May 2017 .

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TABLE 9—SALT LAKE COUNTY NAA; ACTUAL EMISSIONS FROM 2011 AND EMISSION PROJECTIONS FOR 2019, 2024, 2028, AND 2030 [Tons per day (tpd)]

Year Source category PM10 SO2 NOX VOC NH3

2011 Baseline ...... Area Sources ...... 5.50 0.37 9.14 30.35 3.82 Non-Road ...... 7.12 0.32 11.71 6.38 0.00 Point Sources ...... 4.04 8.90 15.56 2.97 0.20 Mobile Sources ...... 10.95 0.28 57.96 35.35 1.14

2011 Total ...... 27.61 9.87 94.37 75.05 5.16

2019 ...... Area Sources ...... 4.88 0.35 5.84 22.06 4.18 Non-Road ...... 8.28 0.36 9.11 5.94 0.01 Point Sources ...... 11.29 7.72 22.17 3.77 0.26 Mobile Sources ...... 10.88 0.31 25.79 21.16 0.89

2019 Total ...... 35.33 8.74 62.91 52.93 5.34

2024 ...... Area Sources ...... 5.03 0.51 5.41 22.83 4.48 Non-Road ...... 8.83 0.40 8.48 6.22 0.01 Point Sources ...... 11.52 8.16 22.36 3.86 0.29 Mobile Sources ...... 11.28 0.29 17.16 16.63 0.89

2024 Total ...... 36.66 9.36 53.41 49.54 5.67

2028 ...... Area Sources ...... 5.25 0.43 5.58 23.80 4.67 Non-Road ...... 9.27 0.44 8.43 6.54 0.01 Point Sources ...... 11.72 8.57 22.55 3.95 0.31 Mobile Sources ...... 11.82 0.28 13.88 13.94 0.91

2028 Total ...... 38.06 9.72 50.44 48.23 5.90

2030 ...... Area Sources ...... 5.36 0.34 5.63 24.30 4.76 Non-Road ...... 9.52 0.46 8.50 6.72 0.01 Point Sources ...... 11.83 8.82 22.68 4.00 0.32 Mobile Sources ...... 12.07 0.28 12.59 13.34 0.93

2030 Total ...... 38.78 9.90 49.40 48.36 6.02

TABLE 10—UTAH COUNTY NAA; ACTUAL EMISSIONS FROM 2011 AND EMISSION PROJECTIONS FOR 2019, 2024, 2028, AND 2030 [tpd]

Year Source category PM10 SO2 NOX VOC NH3

2011 Baseline ...... Area Sources ...... 3.90 0.28 5.61 13.02 6.62 Non-Road ...... 3.53 0.02 4.24 2.31 0.00 Point Sources ...... 0.28 0.29 1.03 0.18 0.18 Mobile Sources ...... 4.90 0.13 24.64 11.89 0.49

2030 Total ...... 12.61 0.72 35.52 27.40 7.29

2019 ...... Area Sources ...... 3.79 0.29 2.15 10.68 6.47 Non-Road ...... 4.80 0.02 3.04 1.95 0.01 Point Sources ...... 0.87 0.44 3.24 0.86 0.43 Mobile Sources ...... 6.04 0.17 13.77 6.43 0.46

2019 Total ...... 15.50 0.92 22.20 19.92 7.37

2024 ...... Area Sources ...... 2.83 0.35 1.80 11.66 5.98 Non-Road ...... 5.19 0.02 2.45 1.90 0.01 Point Sources ...... 0.92 0.47 3.42 0.91 0.43 Mobile Sources ...... 6.37 0.16 9.01 5.22 0.48

2024 Total ...... 15.31 1.00 16.68 19.69 6.90

2028 ...... Area Sources ...... 3.06 0.27 1.81 12.49 5.92 Non-Road ...... 5.68 0.02 2.17 1.92 0.01 Point Sources ...... 0.96 0.49 3.58 0.96 0.43 Mobile Sources ...... 6.97 0.16 7.28 4.60 0.51

2028 Total ...... 16.67 0.94 14.84 19.97 6.87

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TABLE 10—UTAH COUNTY NAA; ACTUAL EMISSIONS FROM 2011 AND EMISSION PROJECTIONS FOR 2019, 2024, 2028, AND 2030—Continued [tpd]

Year Source category PM10 SO2 NOX VOC NH3

2030 ...... Area Sources ...... 3.17 0.18 1.78 12.90 5.89 Non-Road ...... 6.25 0.02 2.07 1.94 0.01 Point Sources ...... 0.99 0.49 3.67 0.98 0.43 Mobile Sources ...... 7.66 0.16 6.81 4.54 0.54

2030 Total ...... 18.07 0.85 14.33 20.36 6.87

TABLE 11—OGDEN CITY NAA; ACTUAL EMISSIONS FROM 2011 AND EMISSION PROJECTIONS FOR 2019, 2024, 2028, AND 2030 [tpd]

Year Source category PM10 SO2 NOX VOC NH3

2011 Baseline ...... Area Sources ...... 0.85 0.08 2.12 5.67 0.86 Non-Road ...... 0.90 0.00 1.32 0.91 0.00 Point Sources ...... 0.00 0.00 0.00 0.00 0.00 Mobile Sources ...... 2.09 0.05 12.18 8.58 0.22

2011 Total ...... 3.84 0.13 15.62 15.16 1.08

2019 ...... Area Sources ...... 0.61 0.08 1.21 3.87 0.88 Non-Road ...... 1.00 0.00 0.84 0.77 0.00 Point Sources ...... 0.00 0.00 0.00 0.00 0.00 Mobile Sources ...... 2.07 0.06 6.68 5.26 0.17

2019 Total ...... 3.68 0.14 8.73 9.90 1.05

2024 ...... Area Sources ...... 0.65 0.12 1.16 4.18 0.95 Non-Road ...... 1.05 0.00 0.70 0.77 0.00 Point Sources ...... 0.00 0.00 0.00 0.00 0.00 Mobile Sources ...... 2.11 0.06 4.50 4.19 0.17

Total ...... 3.81 0.18 6.36 9.14 1.12

2028 ...... Area Sources ...... 0.71 0.10 1.21 4.38 0.99 Non-Road ...... 1.13 0.00 0.66 0.78 0.00 Point Sources ...... 0.00 0.00 0.00 0.00 0.00 Mobile Sources ...... 2.17 0.05 3.12 3.42 0.17

2028 Total ...... 4.01 0.15 4.99 8.58 1.16

2030 ...... Area Sources ...... 0.71 0.08 1.21 4.50 0.99 Non-Road ...... 1.17 0.00 0.64 0.80 0.00 Point Sources ...... 0.00 0.00 0.00 0.00 0.00 Mobile Sources ...... 2.22 0.05 2.83 3.26 0.17

2030 Total ...... 4.10 0.13 4.68 8.56 1.16

Following our review, we have maintenance demonstrations for the Salt concentrations under stable determined that Utah prepared an Lake County, Utah County and Ogden meteorological conditions in the winter adequate attainment inventory for the City areas used a regional during cold air pool temperature Salt Lake County, Utah County and photochemical model. inversions. These are the same episodes Ogden City areas. Prior to the development of the PM10 where the Wasatch Front sees its highest b. Maintenance Demonstration maintenance plans, UDAQ conducted a concentrations of PM2.5 that sometimes exceed the 24-hour PM NAAQS. Most The Calcagni Memorandum states that technical analysis to support the 2.5 (60% to 90%) of the PM observed where modeling was relied on to development of Utah’s 24-hour SIP for 10 during high wintertime pollution days demonstrate maintenance, the plan PM2.5. That analysis included should contain a summary of the air preparation of emissions inventories consists of PM2.5. The dominant species quality concentrations expected to and meteorological data, and the of the wintertime PM10 is secondarily result from the application of the evaluation and application of a regional formed particulate nitrate, which is also control strategies. Also, the plan should photochemical model. Outside of the the dominant species of PM2.5. Given identify and describe the dispersion springtime high wind events and these similarities, the PM2.5 modeling model or other air quality model used wildfires, the Wasatch Front analysis was utilized as the foundation to project ambient concentrations. The experiences high 24-hour PM10 for the PM10 maintenance plans.

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The CMAQ model performance respect to the PM10 model performance 2010 inversion episodes, the model was evaluation for the PM10 maintenance evaluation. utilized to make future-year attainment plans builds on the detailed model For PM10, the CMAQ model projections. The first step in projecting performance evaluation that was part of performance was acceptable at all future PM10 concentrations is to the UDAQ’s previous PM2.5 SIP process. locations in northern Utah. CMAQ was quantify current pollution levels which UDAQ used the same modeling episode able to reproduce the multiday buildup are expressed as a Baseline Design that was used in the PM2.5 SIP, which and washout of the pollution episodes Value (BDV). The BDV is consistent is the 45-day modeling episode from the during the 2009–2010 winter and was with the form of the 24-hour PM 10 winter of 2009–2010. The modeled able to reproduce the peak PM10 NAAQS where the probability of meteorological datasets from the concentrations during most of the other exceeding the standard should be no Weather Research and Forecasting two episodes modeled, January 11–20, greater than once per calendar year. (WRF) model for the PM Plans are the 2007, and February 14–18, 2008. 10 Thus, the BDV is calculated as the 3- same datasets used for the PM2.5 SIP. However, the model simulation for the Also, the CMAQ version (4.7.1) and 2010 January 8–14 episode failed to year average of second highest measured 24-hour average PM10 concentration CMAQ model setup for the PM10 build to the high PM10 concentration each year. Table 12 below, provides the modeling matches the PM2.5 SIP setup. (>80 micrograms per cubic meter (mg/ For these reasons, much of the m3)) observed at the monitors. This BDV for the five monitors that span the information presented in the PM10 episode featured an ‘‘early model three NAAs: Salt Lake County, Utah maintenance plans pertains specifically washout,’’ which had similar results for County and Ogden City. These values to the PM2.5 evaluation. The information PM2.5. were calculated based on data collected was supplemented with information After determining that the model had during the 2011–2014 time-period. pertaining to PM10, most notably with acceptable performance for the 2009–

3 TABLE 12—BASELINE DESIGN VALUE FOR EACH MONITOR IN THE PM10 NAAS (μg/m )

2011–2014 Site PM10 NAA BDV

Ogden ...... Ogden City ...... 88.2 Hawthorne ...... Salt Lake County ...... 100.9 Magna ...... Salt Lake County ...... 70.5 Lindon ...... Utah County ...... 111.4 North Provo ...... Utah County ...... 124.4

For each future year, an attainment comparison is made using the predicted The FDV’s are compared to the NAAQs projection is made by calculating a concentrations for both the year in in order to determine whether concentration termed the Future Design question and a pre-selected base-year, attainment is predicted at each Value (FDV). This calculation is made which is 2011. This comparison results monitoring location. An RRF greater for each monitor included in the in a Relative Response Factor (RRF) than one indicates the model predicted analysis, and then compared to the which is calculated as the ratio of the PM10 is greater in the future year than 3 NAAQS (150 mg/m ). When the FDV is model predicted PM10 concentration in in the 2011 base year, and typically is smaller than the NAAQS at every the future year to the modeled PM10 a result of increased emissions in the monitor in the NAA, this would concentration in the 2011 base year. future year associated with projected demonstrate attainment for the area in Finally, the FDV is calculated by population growth. Table 13 below that specific future year. In making multiplying the BDV with the RRF. provides FDV results for each monitor future-year projections, the output from Additional discussions pertaining to the and projection year and shows that no the CMAQ model is not considered the RRF can be found in the maintenance FDV exceeds the NAAQS. Therefore, final answer; rather the model is used in plans for the three NAAs: Salt Lake continued attainment is demonstrated a relative sense. In doing this, a County, Utah County and Ogden City. in all three NAAs.

TABLE 13—BASELINE DESIGN VALUES, RELATIVE RESPONSE FACTORS, AND FUTURE DESIGN VALUES FOR ALL MONITORS AND FUTURE PROJECTION YEARS [Units of design values are μg/m3, while RRF’s are dimensionless]

2011 2019 2019 2024 2024 2028 2028 2030 2030 Monitor BDV RRF FDV RRF FDV RRF FDV RRF FDV

Ogden ...... 88.2 1.05 92.6 1.04 91.7 1.04 91.7 1.05 92.6 Hawthorne ...... 100.9 1.09 110.0 1.09 110.0 1.11 112 1.12 113.0 Magna ...... 70.5 1.14 80.4 1.13 79.7 1.14 80.4 1.15 81.1 Lindon ...... 111.4 1.16 129.2 1.12 12.8 1.14 127.0 1.16 129.2 North Provo...... 124.4 1.15 143.1 1.12 139.3 1.13 140.6 1.15 143.1

According to the Calcagni state cannot take credit in the the reductions are otherwise shown to Memorandum, any assumptions maintenance demonstration for be permanent. States are expected to concerning emission rates must reflect reductions unless there are regulations maintain implemented control strategies permanent, enforceable measures. A in place requiring those reductions or despite redesignation to attainment,

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unless such measures that achieve d. Verification of Continued Attainment contingency measures will be adopted equivalent reductions. Emission until the violations are corrected. reductions from source shutdowns can Utah’s maintenance plan submittal for Upon notification of a potential Salt Lake County, Utah County and be considered permanent and violation of the PM10 NAAQS, the State enforceable to the extent that those Ogden City, indicates how the State will will develop appropriate contingency shutdowns have been reflected in the track the progress of the maintenance measures intended to prevent or correct plans. This is necessary due to the fact SIP and all applicable permits have a violation of the PM10 standard. been modified accordingly. that the emissions projections made for Information about historical the maintenance demonstrations In preparing the Salt Lake County, exceedances of the standard, the depend on assumptions of point and meteorological conditions related to the Utah County and Ogden City area source growth. In Sections maintenance plans, Utah made revisions recent exceedances, and the most recent IX.A.11.c.(9), IX.A.12.c.(9) and estimates of growth and emissions will to their control strategies found in IX.A.13.c.(9), Utah commits to track and Section IX.H.1, 2, 3 and 4. These be reviewed. The possibility that an document measured mobile source exceptional event occurred will also be revisions were approved by the EPA on parameters (e.g., vehicle miles traveled, October 11, 2017 (82 FR 47149). evaluated. congestion, fleet mix, etc.) and changes Upon monitoring a potential violation Additionally, on February 15, 2019, and in new and modified stationary source of the PM10 NAAQS, including with non-substantive changes submitted permits. If these and the resulting on July 1, 2019, August 20, 2019, and exceedances flagged as exceptional emissions change significantly over events but not concurred with by the on October 15, 2019, the State of Utah time, the State will perform appropriate submitted revisions to Section IX.H.1–2. EPA, the State will take the following studies to determine: (1) Whether actions: (1) The State will identify the We are acting on these revisions within additional and/or re-sited monitors are this action and our analysis of the source(s) of PM10 causing the potential necessary and (2) whether mobile and violation, and report the situation to revisions are discussed above in section stationary source emission projections II.A of this proposed rule. EPA Region 8 within four months of the are on target. potential violation; and (2) The State As discussed above in section II.C.iii. e. Contingency Plan will identify a means of corrective of this proposed rule, Utah has also action within six months after a implemented multiple area source rules Section 175A(d) of the Act requires potential violation. in the Salt Lake County, Utah County that a maintenance plan also include The Salt Lake County maintenance and Ogden City areas. Some area source contingency provisions, as necessary, to plan list of contingency measures rules that would impact PM 10 NAAs promptly correct any violation of the includes: (1) Re-evaluate the thresholds include controls on solid fuel burning NAAQS that occurs after redesignation at which a red or yellow burn day is devices, road salting/sanding, fugitive of the area. For the purposes of section triggered, as established in R307–302; emissions/dust, and aggregate 175A, the state is not required to have and (2) Further controls on stationary processing. On February 25, 2016 (81 FR fully adopted contingency measures that sources to include the controls 9343), October 19, 2016 (81 FR 71988) will take effect without further action by previously approved into the PM SIP and October 2, 2019 (84 FR 52368) the 10 the state in order for the maintenance by the EPA (effective August 8, 1994). EPA acted on area source rules for PM 2.5 plan to be approved. However, the The sources are listed in Section NAAs which would provide direct and contingency plan is an enforceable part IX.A.11.c.(10)(b). indirect benefits to PM NAAs. As 10 of the SIP and should ensure that The Utah County maintenance plan discussed above, we are also acting on contingency measures are adopted list of contingency measures includes: revisions to the state’s solid fuel burning expeditiously once they are triggered. (1) Re-evaluate the thresholds at which devices rule within this action. The plan should discuss the measures to a red or yellow burn day is triggered, as The EPA believes Utah has adequately be adopted and a schedule and established in R307–302; and (2) demonstrated that the Salt Lake County, procedure for adoption and Further controls on stationary sources. Utah County and Ogden City areas will implementation. The contingency plan The Ogden City maintenance plan list maintain the PM10 NAAQS to 2030. must require that the state will of contingency measures includes: (1) implement all measures contained in c. Monitoring Network Re-evaluate the thresholds at which red the Part D nonattainment plan for the or yellow burn day is triggered, as Once a NAA has been redesignated to area prior to redesignation. The state established in R307–302; and (2) attainment, the state must continue to should also identify the specific Expand the road salting and sanding operate an appropriate air quality indicators, or triggers, which will be program in R307–307 to include Weber monitoring network, in accordance with used to determine when the County. 40 CFR part 58, to verify the attainment contingency plan will be implemented. The State will then hold a public status of the area. The maintenance As stated in Sections IX.A.11.c.(10), hearing to consider the contingency plans should contain provisions for IX.A.12.c.(10), and IX.A.13.c.(10) of the measures identified to address the continued operation of air quality Salt Lake County, Utah County and potential violation. The State will monitors that will provide such Ogden City maintenance plans, require implementation of such verification. We approve these triggering the contingency plan does not corrective action no later than one year monitoring sites annually, and any automatically require a revision to the after a violation is confirmed. Any future change would require discussion SIP, nor does it necessarily mean the contingency measure adopted and and approval from the EPA. In its area will be redesignated once again to implemented will become part of the January 4, 2016 submittal, Utah nonattainment. Instead, the State will next revised maintenance plan commits to maintaining an ambient normally have an appropriate timeframe submitted to the EPA for approval. monitoring network for PM10 in Salt to correct the potential violation with Based on the above, we find that the Lake County, Utah County and Ogden implementation of one or more adopted contingency measures provided in the City, in accordance with 40 CFR part 58 contingency measures. In the event that Salt Lake County, Utah County and and the Utah SIP. violations continue to occur, additional Ogden City PM10 maintenance plans are

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sufficient and meet the requirements of The General Preamble (see 57 FR 13530, redesignated to attainment, the section 175A(d) of the CAA. et seq.) provides that the applicable prevention of significant deterioration requirements of CAA section 172 are (PSD) requirements of part C of the Act f. Subsequent Maintenance Plan 172(c)(3) (emissions inventory), will apply. We must ensure that the Revisions 172(c)(5) (new source review permitting State has made any needed In accordance with section 175A(b) of program), 172(c)(7) (the section modifications to its PSD regulations so the Act, Utah is required to submit a 110(a)(2) air quality monitoring that Utah’s PSD regulations will apply revision to the maintenance plans eight requirements), and 172(c)(9) in the Salt Lake County, Utah County years after the redesignation of the Salt (contingency measures). It is also worth and Ogden City areas after Lake County, Utah County and Ogden noting that we interpreted the redesignation. Utah’s PSD regulations, City areas to attainment for PM10. This requirements of section 172(c)(2) (RFP) R307–405 Permits: Major Sources in revision is to provide for maintenance of and 172(c)(6) (other measures) as being Attainment or Unclassified Areas (PSD), the NAAQS for an additional ten years irrelevant to a redesignation request which we approved as meeting all following the first ten-year period. In because they only have meaning for an applicable Federal requirements on July the Salt Lake County, Utah County and area that is not attaining the standard. 15, 2011 (76 FR 41712) and January 29, Ogden City maintenance plans, Utah See Calcagni Memorandum and the 2016 (81 FR 4957), apply to any area committed to submit a revised General Preamble, 57 FR at 13564, dated designated unclassifiable or attainment maintenance plan eight years after the April 16, 1992. Finally, the State has not and, thus, will become fully effective in approval of the redesignation request sought to exercise the options that the Salt Lake County, Utah County and and maintenance plan. would trigger sections 172(c)(8) Ogden City areas upon redesignation of the areas to attainment. (v) Meeting Applicable Requirements of (equivalent techniques). Thus, these Section 110 and Part D of the Act provisions are also not relevant to this D. Have the transportation conformity redesignation request. requirements been met? In order for an area to be redesignated The requirements of section 172(c) to attainment, section 107(d)(3)(E) and 189(a) regarding attainment of the Transportation conformity is required requires that it must have met all by section 176(c) of the CAA. PM10 NAAQS, and the requirements of applicable requirements of section 110 section 172(c) regarding RFP, Conformity to a SIP means that and part D of the Act. We interpret this imposition of RACM, the adoption of transportation activities will not produce new air quality violations, to mean that, for a redesignation request contingency measures, and the worsen existing violations, or delay to be approved, the State must have met submission of an emission inventory, timely attainment of the NAAQS (CAA all requirements that applied to the have been satisfied through our July 8, section 176(c)(1)(B)). The EPA’s subject area prior to, or at the time of, 1994 (59 FR 35036), December 6, 1999 conformity rule at 40 CFR part 93, submitting a complete redesignation (64 FR 68031), June 8, 2001 (66 FR subpart A (sections 93.100 to 93.129) request. In our evaluation of a 32752), July 1, 2002 (67 FR 44065), requires that transportation plans, redesignation request, we do not need to December 23, 2002 (67 FR 78181), programs and projects conform to SIPs consider other requirements of the CAA February 25, 2016 (81 FR 9343), October and establishes the criteria and that became due after the date of the 19, 2016 (81 FR 71988), October 11, procedures for determining whether or submission of a complete redesignation 2017 (82 FR 47149) and October 2, 2019 request. not they conform. To effectuate its (84 FR 52368) approvals of the Salt Lake purpose, the EPA’s conformity rule a. Section 110 Requirements County and Utah County PM10 SIPs and typically requires a demonstration that Section 110(a)(2) contains general the demonstration that the area is emissions from the Regional requirements for nonattainment plans. attaining the NAAQS. These Transportation Plan (RTP), as For purposes of redesignation, the Utah requirements for the Ogden City PM10 applicable, and the Transportation SIP was reviewed to ensure that all NAA were satisfied with our January 7, Improvement Program (TIP) are applicable requirements under the 2013 (78 FR 885) CDD which suspended consistent with the MVEB contained in amended Act were satisfied. These Utah’s obligation to make a SIP the control strategy SIP revision or requirements were met with Utah’s submission for attainment related maintenance plan (40 CFR 93.101, November 15, 1991, February 1, 1995, requirements which includes: An 93.118, and 93.124). The EPA notes that May 13, 2002, and July 3, 2002 attainment demonstration, RACM/ a MVEB is usually defined as the level submittals for the Salt Lake County and RACT, RFP, contingency measures, and of mobile source emissions of a milestone reports. With this action we Utah County PM10 NAAs. We approved pollutant relied upon in the attainment these submittals on July 8, 1994 (59 FR will satisfy Utah’s obligation to submit or maintenance demonstration to attain 35036), December 6, 1999 (64 FR an emissions inventory for the Ogden or maintain compliance with the 68031), July 1, 2002 (67 FR 44065), and City PM10 NAA. Additionally, the NAAQS in the nonattainment or December 23, 2002 (67 FR 78181). Ogden City PM10 NAA attained by the maintenance areas. Moderate PM10 attainment date of Ogden City PM10 NAA satisfied section According to 40 CFR 93.118(b)(2), December 31, 2000.8 The expected when a maintenance plan has been 110(a)(2) when the EPA finalized a CDD 9 on January 7, 2013 (78 FR 885). exceedances for 1998–2000 was 0. submitted, mobile source emissions We approved the requirements of the from an RTP or TIP must be less than b. Part D Requirements part D new source review permit or equal to the MVEB established for the Before a PM10 NAA may be program for Utah on July 25, 2019 (84 last year of the maintenance plan, and redesignated to attainment, the state FR 35831). Once the Salt Lake County, for any other years for which the must have fulfilled the applicable Utah County and Ogden City areas are maintenance plan establishes MVEBs. If requirements of part D. Subpart 1 of part the maintenance plan does not establish D establishes the general requirements 8 July 28, 1995 Direct Final Rule; Designation of MVEBs for any years other than the last Area for Air Quality Planning Purposes, Utah, applicable to all NAAs, while subpart 4 year of the maintenance plan, the Designation of Ogden City PM10 Nonattainment of part D establishes specific Area. demonstration of consistency with the requirements applicable to PM10 NAAs. 9 1998–2000 Expected Exceedances AQS Report. MVEBs must be accompanied by a

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qualitative finding that there are no Utah County: ‘‘Trading of Emission conformity rule does allow the factors which would cause or contribute Budgets for Transportation Conformity.’’ implementation plan to quantify to a new violation or exacerbate an R307–311 also allows trading between explicitly the amount by which motor existing violation in the years before the the PM10 and NOX MVEBs for purposes vehicle emissions could be higher while last year of the maintenance plan. For of demonstrating transportation still demonstrating compliance with the analysis years after the last year of the conformity by the Mountainland maintenance requirement (see 40 CFR maintenance plan, emissions must be Association of Governments (MAG) who 93.124(a)). These additional emissions less than or equal to the MVEBs is the MPO for Utah County. that can be allocated to the applicable established for the last year of the For the Ogden City PM10 NAA, we MVEB are considered the ‘‘safety maintenance plan. In addition, we note designated Ogden City as nonattainment margin.’’ As defined in 40 CFR 93.101, on July 28, 1995 (60 FR 38726). Using that if an EPA-approved NAA control safety margin represents the amount of our CDD approach, on July 30, 2012, the strategy implementation plan has emissions by which the total projected established MVEBs for years in the EPA proposed to determine that the emissions from all sources of a given timeframe of the transportation plan, Ogden City NAA was currently attaining pollutant are less than the total then mobile source emissions in these the 24-hour NAAQS for PM10, based on years must be less than or equal to the certified, quality assured data for the emissions that would satisfy the NAA’s control strategy implementation years 2009 through 2011, and that applicable requirement for plan’s MVEBs for these years. Utah’s obligation to submit certain CAA demonstrating maintenance. The With respect to previously established requirements would be suspended for so implementation plan can then allocate MVEBs, we note for the Salt Lake long as the area continued to attain the some or all of this ‘‘safety margin’’ to the County nonattainment plan, Utah had PM10 NAAQS (77 FR 44544). We applicable MVEBs for transportation previously adopted MVEBs for 2003. finalized our proposal with our final conformity purposes. The State These budgets were 40.3 tons per day of rule dated January 7, 2013 (78 FR 885). performed additional modeling for 2030 primary PM10 and 32.3 tons per day of PM10 NAAs like Ogden City, that have and established that the PM10 and NOX NOX. These budgets were derived by the an approved CDD, are required to use mobile source emissions could be Wasatch Front Regional Council the interim emissions test, described in increased to arrive at those MVEB (WFRC), a local Metropolitan Planning 40 CFR 93.119, to demonstrate figures presented in Table 15 above. Organization (MPO) for the Salt Lake conformity (see 40 CFR 93.109(c)(5) and City and Ogden urban areas, in (6)). As applicable, the WFRC, which is b. Salt Lake County conjunction with the EPA, by using the the applicable MPO for Ogden City, has The Salt Lake County maintenance Salt Lake County PM10 SIP element been performing conformity area and the corresponding 2030 MVEBs attainment year (2003) emission determinations for the Ogden City PM 10 are presented in Table 16 below: inventories and adjusted for winter NAA using the 40 CFR 93.119 interim weekday vehicle miles traveled (VMT) emissions test. The WFRC demonstrates TABLE 16—SALT LAKE COUNTY MAIN- rates. The above noted PM10 and NOX that RTP and TIP conformity MVEBs have continued to apply for the determinations show that projected TENANCE AREA TRANSPORTATION ONFORMITY S WFRC’s RTP and TIP conformity future year PM10 and NOX emissions C 2030 MVEB determinations since 2003. will be at or below the established and In the Utah County nonattainment updated 1990 level of PM and NO 2030 PM10 MVEB 2030 NOX MVEB 10 X (tons per day) (tons per day) plan, the State had previously adopted emissions. MVEBs for 2003 and two future horizon For the Ogden City, Salt Lake County 24.00 21.00 years which were used in transportation and Utah County maintenance plans, planning, 2010 and 2020. On December the State is establishing transportation We note that the originally modeled 23, 2002 (67 FR 78181), the EPA conformity MVEBs for direct PM10 and approved the Utah County MVEBs as NOX for 2030. The derivation of these 2030 maintenance year had mobile presented in Table 14 below. 2030 MVEBs is provided as follows: sources emissions levels of 12.07 tons per winter-weekday of direct PM10 and a. Ogden City TABLE 14—HISTORICAL UTAH COUNTY 12.59 tons per winter-weekday of NOX. TRANSPORTATION CONFORMITY The Ogden City maintenance area and These levels of 2030 mobile sources MVEBS the corresponding 2030 MVEBs are direct PM10 and NOX would typically presented in Table 15 below: become the MVEBs for 2030. As with the Ogden City maintenance area noted Year Primary PM10 NOX (tons/day) (tons/day) TABLE 15—OGDEN CITY MAINTE- above, the State elected to also use the NANCE AREA TRANSPORTATION above described safety margin modeling 2003 ...... 6.57 20.35 CONFORMITY 2030 MVEBS 2010 ...... 7.74 12.75 procedure to arrive at the applicable 2020 ...... 10.34 5.12 2030 MVEBs for the Salt Lake County 2030 PM10 MVEB 2030 NOX MVEB maintenance area. As such, the State (tons per day) (tons per day) In addition to the above On July 1, performed additional modeling for 2030 2002 (67 FR 44065) the EPA approved 1.50 1.00 and established that the PM10 and NOX the State’s rule R307–310 for Salt Lake mobile source emissions could be County: ‘‘Trading of Emission Budgets We note that the originally modeled increased to arrive at those MVEB for Transportation Conformity.’’ R307– 2030 maintenance year had mobile figures presented in Table 16 above. 310 allows trading between the PM10 sources emissions levels of 0.71 tons per c. Utah County and NOX MVEBs for purposes of winter-weekday of direct PM10 and 0.70 demonstrating transportation tons per winter-weekday of NOX. These The Utah County maintenance area conformity by the WFRC. Similarly, on levels of 2030 mobile sources direct and the corresponding 2030 MVEBs are May 18, 2015 (80 FR 28193), the EPA PM and NO would typically become 10 X presented in Table 17 below: approved the State’s rule R307–311 for the MVEBs for 2030. However, our

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TABLE 17—UTAH COUNTY MAINTE- 93.118(e)(4)(iii) and 40 CFR 93.124(a). December 2, 2015, the Utah Air Quality NANCE AREA TRANSPORTATION Based on a recommendation from the Board adopted R307–110–10, Utah SIP CONFORMITY 2030 MVEBS EPA, the TSDs for each maintenance Subsections IX.A.11, IX.A.12, and plan were subsequently supplemented IX.A.13 and it became effective on

2030 PM10 MVEB 2030 NOX MVEB by the UDAQ to appropriately detail the December 3, 2015. UDAQ submitted (tons per day) (tons per day) derivation of the 2030 VMT figures, the these revisions to the EPA on January 4, associated PM10 and NOX mobile source 2016. Additionally, on March 6, 2019, 12.28 8.34 emissions, and the 2030 MVEBs. This the Governor of Utah submitted a additional, supplemental TSD redesignation request for the Salt Lake We note that the originally modeled information was included with a County, Utah County and Ogden City 2030 maintenance year had mobile submittal letter from the Governor dated PM10 NAAs and included supplemental sources emissions levels of 7.66 tons per February 21, 2019, which is provided in information. This information was winter-weekday of direct PM10 and 6.81 the docket. necessary in order to complete our tons per winter-weekday of NOX. These Based on our above evaluation and review of the maintenance plans and levels of 2030 mobile sources direct our review of the submitted additional technical support information. PM10 and NOX would typically become TSD supplemental technical the MVEBs for 2030. As with the Ogden information, we have determined that III. Proposed Action City maintenance area noted above, the the three maintenance plans We are proposing to approve the State elected to also use the above appropriately address the applicable Governor of Utah’s submittal of January described safety margin modeling transportation conformity requirements 4, 2016, that contains revisions to R307– procedure to arrive at the applicable in 40 CFR 93, Subpart A and we are 110–10 and the PM10 maintenance plans 2030 MVEBs for the Utah County proposing approval of the 2030 PM10 for Salt Lake County, Utah County and maintenance area. As such, the State and NOX MVEBs as described above. Ogden City PM10 NAAs. We are also performed additional modeling for 2030 proposing to approve the Governor of E. Did Utah follow the proper and established that the PM10 and NOX Utah’s submittal of March 6, 2019, that mobile source emissions could be procedures for adopting this action? contains the redesignation requests for increased to arrive at those MVEB Section 110(k) of the CAA addresses the Salt Lake County, Utah County and figures presented in Table 17 above. our actions on submissions of revisions Ogden City PM10 NAAs to attainment During the development of the Salt to a SIP. The Act also requires states to for the 1987 PM10 standards and Lake County and Utah County PM10 observe certain procedural requirements provided supplemental information. We maintenance plans, the EPA became in developing implementation plans are using 2016–2018 ambient air quality aware of a potential inconsistency and plan revisions for submission. data from Salt Lake County, Utah regarding the VMT being used. The Section 110(a)(2) of the Act provides County and Ogden City NAAs as the MAG and WFRC MPOs initially used that each implementation plan basis for our decision. In addition, we elevated 2030 VMT numbers, for the submitted by a state must be adopted are approving the emissions inventories development of the Salt Lake County after reasonable notice and public found within the maintenance plans to and Utah County PM10 SIP maintenance hearing. Section 110(l) of the Act cover the one element of the Moderate plans, that exceeded the actual MPO’s similarly provides that each revision to PM10 nonattainment SIP that was not own projected VMT numbers for 2030. an implementation plan submitted by a suspended with the CDD for the Ogden Our understanding was the MPOs state under the Act must be adopted by City NAA. intention was to secure sufficient PM10 such state after reasonable notice and We are proposing to approve this and NOX 2030 MVEBs, for RTP/TIP public hearing. redesignation request, the maintenance transportation conformity We also must determine whether a plans, and R307–110–10 revisions determinations, that would take into submittal is complete and therefore because UDAQ has adequately consideration the rate of brisk growth warrants further review and action (see addressed all of the requirements of the within Utah and to also protect air section 110(k)(1) of the Act and 57 FR Act for redesignation to attainment quality for the duration of the respective 13565, April 16, 1992). Our applicable to the Salt Lake County, Utah PM10 maintenance plan. The UDAQ completeness criteria for SIP submittals County and Ogden City PM10 NAAs. advised that as demonstrated through are set out at 40 CFR part 51, appendix Upon the effective date of a subsequent air quality modeling, used to develop V. We attempt to make completeness final action, the Salt Lake County, Utah the maintenance plans, it was determinations within 60 days of County and Ogden City areas established that in using the 2030 PM10 receiving a submission. However, a designation status under 40 CFR part 81 and NOX mobile source emissions submittal is deemed complete by will be revised to attainment. derived with the elevated VMT, both operation of law under section We are also proposing to approve maintenance plans were still able to 110(k)(1)(B) of the Act if a completeness R307–110–17 and revisions for Section demonstrate maintenance of the PM10 determination is not made within six IX.H.1 and 2 that were submitted on NAAQS. In addition, the UDAQ further months after receipt of the submission. February 15, 2019, and with non- advised that the derived PM10 and NOX On September 2, 2015, the Utah Air substantive changes submitted on July MVEBs also contained an added ‘‘safety Quality Board proposed for public 1, 2019, August 20, 2019, and on margin’’ of additional mobile sources comment for the Salt Lake County, Utah October 15, 2019. Additionally, we are emissions as described in 40 CFR County and Ogden City maintenance proposing approval of the revisions in 93.124(a). plans and redesignation requests. The R307–302 for incorporation into the During our review of both PM10 public comment period was held from Utah SIP as submitted by the State of maintenance plans, we noted that the October 1, 2015, to November 2, 2015. Utah on May 9, 2013, May 20, 2014, elevated VMT numbers, used in part to Comments were submitted by industry, September 8, 2015 and February 27, develop the 2030 MVEBs, were not environmental associates, and the EPA. 2017. This proposal will complete the explicitly identified and quantified in The EPA submitted written comments EPA’s October 19, 2016 (81 FR 71988) the maintenance plans or the associated dated November 2, 2015, on Utah’s draft conditional approval action on the May TSD. This is necessary as per 40 CFR PM10 maintenance plans and TSD. On 9, 2013, May 20, 2014 and September 8,

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2015 submittals for R307–302 from • Is not a ‘‘significant regulatory appropriate, disproportionate human UDAQ. action’’ subject to review by the Office health or environmental effects, using of Management and Budget under IV. Incorporation by Reference practicable and legally permissible Executive Orders 12866 (58 FR 51735, methods, under Executive Order 12898 In this document, the EPA is October 4, 1993) and 13563 (76 FR 3821, (59 FR 7629, February 16, 1994). proposing to include regulatory text in January 21, 2011); In addition, the SIP is not approved an EPA final rule that includes • Is not an Executive Order 13771 (82 to apply on any Indian reservation land incorporation by reference. In FR 9339, February 2, 2017) regulatory or in any other area where EPA or an accordance with requirements of 1 CFR action because SIP approvals are 51.5, the EPA is proposing to exempted under Executive Order 12866; Indian tribe has demonstrated that a incorporate by reference revisions to • Does not impose an information tribe has jurisdiction. In those areas of R307–110–10; R307–110–17; R307–302; collection burden under the provisions Indian country, the proposed rule does Section IX.H.1 and 2; maintenance of the Paperwork Reduction Act (44 not have tribal implications and will not plans for Salt Lake County, Utah County U.S.C. 3501 et seq.); impose substantial direct costs on tribal and Ogden City PM10 NAAs; and the • Is certified as not having a governments or preempt tribal law as Governor of Utah’s redesignation significant economic impact on a specified by Executive Order 13175 (65 requests for Salt Lake County, Utah substantial number of small entities FR 67249, November 9, 2000). County and Ogden City PM NAAs to 10 under the Regulatory Flexibility Act (5 List of Subjects attainment. The EPA has made, and will U.S.C. 601 et seq.); continue to make, these materials • Does not contain any unfunded 40 CFR Part 52 generally available through mandate or significantly or uniquely www.regulations.gov and at the EPA affect small governments, as described Environmental protection, Air Region 8 Office (please contact the in the Unfunded Mandates Reform Act pollution control, Carbon monoxide, person identified in the FOR FURTHER of 1995 (Pub. L. 104–4); Incorporation by reference, INFORMATION CONTACT section of this • Does not have Federalism Intergovernmental relations, preamble for more information). implications as specified in Executive Greenhouse gases, Lead, Nitrogen Order 13132 (64 FR 43255, August 10, dioxide, Ozone, Particulate matter, V. Statutory and Executive Order 1999); Reporting and recordkeeping Reviews • Is not an economically significant requirements, Sulfur oxides, Volatile Under the CAA, the Administrator is regulatory action based on health or organic compounds. required to approve a SIP submission safety risks subject to Executive Order that complies with the provisions of the 13045 (62 FR 19885, April 23, 1997); 40 CFR Part 81 Act and applicable Federal regulations. • Is not a significant regulatory action Environmental protection, Air 42 U.S.C. 7410(k); 40 CFR 52.02(a). subject to Executive Order 13211 (66 FR pollution control, National parks, and Thus, in reviewing SIP submissions, the 28355, May 22, 2001); Wilderness areas. EPA’s role is to approve state choices, • Is not subject to requirements of provided that they meet the criteria of section 12(d) of the National Authority: 42 U.S.C. 7401 et seq. the CAA. Accordingly, this action Technology Transfer and Advancement Dated: November 15, 2019. merely proposes to approve state law as Act of 1995 (15 U.S.C. 272 note) because Gregory Sopkin, meeting Federal requirements and does application of those requirements would not impose additional requirements be inconsistent with the CAA; and Regional Administrator, EPA Region 8. beyond those imposed by state law. For • Does not provide EPA with the [FR Doc. 2019–25176 Filed 11–20–19; 8:45 am] that reason, this action: discretionary authority to address, as BILLING CODE 6560–50–P

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Notices Federal Register Vol. 84, No. 225

Thursday, November 21, 2019

This section of the FEDERAL REGISTER An agency may not conduct or with NASS to conduct this pilot survey. contains documents other than rules or sponsor a collection of information If this pilot is successful, NASS will proposed rules that are applicable to the unless the collection of information submit a change request to include public. Notices of hearings and investigations, displays a currently valid OMB control share rental arrangements to the committee meetings, agency decisions and number and the agency informs production rental rates survey for future rulings, delegations of authority, filing of petitions and applications and agency potential persons who are to respond to years. statements of organization and functions are the collection of information that such Description of Respondents: A sample examples of documents appearing in this persons are not required to respond to of all active agricultural operations in section. the collection of information unless it Washington, Arkansas, and Texas. displays a currently valid OMB control Number of Respondents: 1,500. number. Frequency of Responses: Reporting: DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Once a year. Total Burden Hours: 536. Submission for OMB Review; Title: Rental Rates Pilot. Comment Request OMB Control Number: 0535–0264. Ruth Brown, Summary of Collection: The primary Departmental Information Collection November 18, 2019. objectives of the National Agricultural Clearance Officer. The Department of Agriculture will Statistics Service (NASS) are to prepare [FR Doc. 2019–25228 Filed 11–20–19; 8:45 am] submit the following information and issue official State and national BILLING CODE 3410–20–P collection requirement(s) to OMB for estimates of crop and livestock review and clearance under the production, disposition and prices, economic statistics, and environmental Paperwork Reduction Act of 1995, DEPARTMENT OF COMMERCE Public Law 104–13 on or after the date statistics related to agriculture and to of publication of this notice. Comments conduct the Census of Agriculture and International Trade Administration are requested regarding: Whether the its follow-on surveys. NASS will collection of information is necessary conduct a survey of select agricultural [A–455–805] for the proper performance of the operations in three regions: Northwest functions of the agency, including (10 counties in the State of Washington), Emulsion Styrene-Butadiene Rubber whether the information will have Southern Plains (10 counties in From Poland: Final Results of practical utility; the accuracy of the Northern Texas) and Mississippi River Antidumping Duty Administrative agency’s estimate of burden including (10 counties in Arkansas). Each selected Review; 2017–2018 farmer or rancher will be asked to the validity of the methodology and AGENCY: Enforcement and Compliance, assumptions used; ways to enhance the provide data on: (1) Non-irrigated cropland acres rented in 2019 for cash, International Trade Administration, quality, utility and clarity of the Department of Commerce. information to be collected; and ways to share of crop production, or for free; (2) SUMMARY: The Department of Commerce minimize the burden of the collection of Dollars per acre paid in 2019 for cash (Commerce) determines that emulsion information on those who are to rent on non-irrigated cropland acres styrene-butadiene rubber (ESB rubber) respond, including through the use of rented; and (3) Percent share of revenue from Poland is being sold at less than appropriate automated, electronic, and expenditures for the renter and landowner. General authority for these normal value during the period of mechanical, or other technological data collection activities is granted review (POR) February 24, 2017 through collection techniques or other forms of under U.S.C. Title 7, Section 2204. August 31, 2018. information technology should be Need and Use of the Information: DATES: Applicable November 21, 2019. addressed to: Desk Officer for There are some areas of the country Agriculture, Office of Information and FOR FURTHER INFORMATION CONTACT: where share rental arrangements Stephen Bailey, AD/CVD Operations, Regulatory Affairs, Office of predominate, but the current cash rental Management and Budget (OMB), New Office IV, Enforcement and Compliance, rates survey (OMB Control Number International Trade Administration, Executive Office Building, Washington, 0535–0002) does not account for this U.S. Department of Commerce, 1401 DC; New Executive Office Building, 725 arrangement. In an effort to obtain a Constitution Avenue NW, Washington, 17th Street NW, Washington, DC 20503. more complete picture of rental DC 20230; telephone: (202) 482–0193. Commenters are encouraged to submit arrangements, this pilot project is their comments to OMB via email to: proposed. USDA–Farm Production and SUPPLEMENTARY INFORMATION: [email protected] or fax Conservation Mission Area (USDA– Background (202) 395–5806 and to Departmental FPAC) will determine if the share rental Clearance Office, USDA, OCIO, Mail data could potentially increase the On July 19, 2019, we published the Stop 7602, Washington, DC 20250– precision of estimates in counties where Preliminary Results of this 1 7602. share renting predominates and set administrative review. We invited Comments regarding these annual Conservation Reserve Program interested parties to comment on the information collections are best assured (CRP) payment rates that more of having their full effect if received by accurately reflect market conditions. 1 See Emulsion Styrene-Butadiene Rubber From Poland: Preliminary Results of Antidumping Duty December 23, 2019. Copies of the The United States Department of Administrative Review; 2017–2018, 84 FR 34858 submission(s) may be obtained by Agriculture’s Farm Service Agency has (July 19, 2019) (Preliminary Results), and calling (202) 720–8681. entered into an interagency agreement accompanying Preliminary Decision Memorandum.

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Preliminary Results.2 On August 19, Spolka Jawna’s (SP.ZO.O.S.J.) (Synthos proceeding, the cash deposit rate will 2019, we received a case brief from Lion Dwory’s) dumping margin, pursuant to continue to be the company-specific rate Elastomers, LLC. (the petitioner).3 No sections 776(a) and (b) of the Tariff Act published for the most recently other interested party submitted of 1930, as amended (the Act), was completed segment of this proceeding in comments. A hearing was not requested. warranted. For further discussion, see which the company was reviewed; (3) if the IDM. Scope of the Order the exporter is not a firm covered in this review, a prior review, or the original The merchandise subject to the order Final Results of the Administrative investigation, but the producer is, the is cold-polymerized emulsion styrene- Review butadiene rubber (ESB rubber).4 The We determined that the following cash deposit rate will be the rate products subject to this order are weighted-average dumping margin established for the most recently currently classifiable under subheadings exists for the period February 24, 2017 completed segment of this proceeding 4002.19.0015 and 4002.19.0019 of the through August 31, 2018: for the producer of the subject Harmonized Tariff Schedule of the merchandise; and (4) the cash deposit United States (HTSUS). ESB rubber is Weighted- rate for all other producers or exporters described by Chemical Abstract Services average will continue to be 25.43 percent, the Exporter/producer dumping (CAS) Registry No. 9003–55–8. This margin all-others rate established in the CAS number also refers to other types (percent) investigation.5 These cash deposit of styrene butadiene rubber. Although requirements, when imposed, shall the HTSUS subheadings and CAS Synthos Dwory 7 Spolka z remain in effect until further notice. registry number are provided for Ograniczona convenience and customs purposes, the Odpowiedzialnoscia Spolka Notification to Importers Regarding the Jawna’s (SP.ZO.O.S.J.) ...... 44.54 written description of the scope of this Reimbursement of Duties order is dispositive. Assessment Rates This notice also serves as a final Analysis of Comments Received Pursuant to section 751(a)(2)(C) of the reminder to importers of their All issues raised in the case brief by Act and 19 CFR 351.212(b), Commerce responsibility under 19 CFR 351.402(f) the petitioner to this administrative will determine, and U.S. Customs and to file a certificate regarding the review are addressed in the IDM. A list Border Protection (CBP) shall assess, reimbursement of antidumping duties of the issues raised is attached to this antidumping duties on all appropriate prior to liquidation of the relevant notice as an appendix. The IDM is a entries of subject merchandise in entries during the POR. Failure to public document and is on-file accordance with the final results of this comply with this requirement could electronically via Enforcement and review. We will calculate importer- result in Commerce’s presumption that Compliance’s Antidumping and specific assessment rates on the basis of reimbursement of antidumping duties Countervailing Duty Centralized the ratio of the total amount of occurred and the subsequent assessment Electronic Service System (ACCESS). antidumping duties calculated for each of doubled antidumping duties. ACCESS is available to registered users importer’s examined sales and the total at https://access.trade.gov and in the entered value of the sales in accordance Administrative Protective Order Central Records Unit, room B8024 of the with 19 CFR 351.212(b)(1). This notice also serves as a reminder For entries of subject merchandise main Commerce building. In addition, a to parties subject to administrative during the POR exported/produced by complete version of the IDM can be protective orders (APO) of their accessed directly at http:// each respondent for which it did not responsibility concerning the return or enforcement.trade.gov/frn/index.html. know its merchandise was destined for destruction of proprietary information The signed IDM and the electronic the United States, we will instruct CBP versions of the IDM are identical in to liquidate unreviewed entries at the disclosed under APO in accordance content. all-others rate if there is no rate for the with 19 CFR 351.305(a)(3). Timely company(ies) involved in the written notification of the return or Changes Since the Preliminary Results transaction. We intend to issue destruction of APO materials, or Based on our analysis of the record liquidation instructions to CBP 15 days conversion to judicial protective order, and comments received from the after publication of the final results of is hereby requested. Failure to comply petitioner regarding the Preliminary this review. with the regulations and the terms of an Results, Commerce has made no APO is a sanctionable violation. changes to the Preliminary Results. As Cash Deposit Requirements stated in the Preliminary Results, we The following cash deposit Notification to Interested Parties found that the application of facts requirements will be effective upon We are issuing and publishing this publication of this notice of final results otherwise available with adverse notice in accordance with sections of administrative review for all inferences, for Synthos Dwory 7 Spolka 751(a)(1) and 777(i) of the Act and 19 z Ograniczona Odpowiedzialnoscia shipments of subject merchandise entered, or withdrawn from warehouse, CFR 351.221(b)(5). 2 Id. for consumption on or after the date of 3 See Petitioner’s Letter, ‘‘Antidumping Review of publication, as provided by section Emulsion Styrene-Butadiene Rubber (ESBR) from 751(a)(2) of the Act: (1) The cash deposit Poland: Case Brief,’’ dated August 19, 2019 (Case Brief). rate for the respondent noted above will 5 See Emulsion Styrene-Butadiene Rubber from 4 For a complete description of the scope of the be the rate established in the final Poland: Final Affirmative Determination of Sales at order, see Memorandum, ‘‘Issues and Decision results of this administrative review; (2) Memorandum for the Final Results of the 2017– Less Than Fair Value, 82 FR 33061 (July 19, 2017); for merchandise exported by see also Emulsion Styrene-Butadiene Rubber from 2018 Administrative Review of the Antidumping manufacturers or exporters not covered Duty Order on Emulsion Styrene-Butadiene Rubber Brazil, the Republic of Korea, Mexico, and Poland: from Poland,’’ dated concurrently with, and hereby in this administrative review but Antidumping Duty Orders, 82 FR 42790 (September adopted by, this notice (IDM). covered in a prior segment of the 12, 2017).

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Dated: November 15, 2019. from China.1 On June 7, 2019, Wor-Biz comments from interested parties on Jeffrey I. Kessler, requested that Commerce conduct Wor-Biz’s CCR request. Assistant Secretary for Enforcement and expedited CCRs for these AD/CVD Scope of the Orders Compliance. orders to determine that Wor-Biz The merchandise covered by the Appendix Industrial is the successor-in-interest to Wor-Biz Trading.2 In its request, Wor- scope of these orders is cast iron soil List of Topics Discussed in the Issues and Biz addressed the factors Commerce pipe fittings, finished and unfinished, Decision Memorandum analyzes with respect to successor-in- regardless of industry or proprietary I. Summary interest determinations in the AD specifications, and regardless of size. II. Background context, and provided documentation in Cast iron soil pipe fittings are III. Scope of the Order support.3 On July 19, 2019, we issued a nonmalleable iron castings of various IV. Changes Since the Preliminary Results questionnaire requesting Wor-Biz to designs and sizes, including, but not V. Discussion of the Issues state the reasons, with particularity, for limited to, bends, tees, wyes, traps, Comment 1: Application of Adverse Facts drains (other than drain bodies), and which good cause exists to initiate a Available (AFA) to Synthos Dwory other common or special fittings, with CCR less than 24 months after the date VI. Recommendation or without side inlets. [FR Doc. 2019–25261 Filed 11–20–19; 8:45 am] of publication of the final Cast iron soil pipe fittings are determinations of the AD and CVD BILLING CODE 3510–DS–P classified into two major types—hubless investigations, as required by 19 CFR and hub and spigot. Hubless cast iron 4 351.216(c). On August 20, 2019, Wor- soil pipe fittings are manufactured DEPARTMENT OF COMMERCE Biz re-filed its request, in which it without a hub, generally in compliance stated why good cause to initiate these with Cast Iron Soil Pipe Institute (CISPI) 5 International Trade Administration CCRs exists. On October 2, 2019, specification 301 and/or American Commerce determined that additional Society for Testing and Materials [A–570–062, C–570–063] time was necessary to consider Wor- (ASTM) specification A888. Hub and Biz’s request, and therefore, in spigot pipe fittings have hubs into Cast Iron Soil Pipe Fittings From the accordance with 19 CFR 351.302(b), which the spigot (plain end) of the pipe People’s Republic of China: Initiation Commerce extended the time period for or fitting is inserted. Cast iron soil pipe and Preliminary Results of Changed determining whether to initiate the fittings are generally distinguished from Circumstances Reviews requested CCRs by an additional 45 other types of nonmalleable cast iron days, until November 18, 2019.6 On fittings by the manner in which they are AGENCY: Enforcement and Compliance, October 9, 2019, we issued an connected to cast iron soil pipe and International Trade Administration, 7 additional supplemental questionnaire other fittings. Department of Commerce. and we subsequently received, on Excluded from the scope are all drain SUMMARY: In response to a request for October 16, 2019, additional bodies. Drain bodies are normally changed circumstances reviews (CCRs), information relevant to successor-in- classified in subheading 7326.90.86.88 the Department of Commerce interest determinations in a CVD of the Harmonized Tariff Schedule of (Commerce) is initiating CCRs of the context.8 Commerce received no the United States (HTSUS). antidumping duty (AD) and The cast iron soil pipe fittings subject countervailing duty (CVD) orders on 1 See Cast Iron Soil Pipe Fittings from the People’s to the scope of these orders are normally cast iron soil pipe fittings from the Republic of China: Amended Final Determination classified in subheading 7307.11.0045 of of Sales at Less Than Fair Value and Antidumping the HTSUS: Cast fittings of People’s Republic of China (China). We Duty Order, 83 FR 44570 and Cast Iron Soil Pipe have preliminarily determined that Fittings from the People’s Republic of China: nonmalleable cast iron for cast iron soil Wor-Biz Industrial Product Co., Ltd. Countervailing Duty Order, 83 FR 44566, both dated pipe. They may also be entered under (Anhui) (Wor-Biz Industrial) is the August 31, 2018 (collectively, the Orders). HTSUS 7324.29.0000 and 7307.92.3010. successor-in-interest to Wor-Biz Trading 2 See Wor-Biz’s Letter, ‘‘Cast Iron Soil Pipe The HTSUS subheadings and Fittings from the People’s Republic of China: Co., Ltd. (Anhui) (Wor-Biz Trading) Request for an Expedited Changed Circumstances specifications are provided for (collectively, Wor-Biz), and as a result Review,’’ dated June 7, 2019. convenience and customs purposes should be accorded the same treatment 3 Id. only; the written description of the previously accorded to that company. 4 See Commerce’s Letter, ‘‘Request for Changed scope of these orders is dispositive. Interested parties are invited to Circumstances Review of the Antidumping and Countervailing Duty Orders on Cast Iron Soil Pipe Initiation of Changed Circumstances comment on these preliminary results. Fittings from the People’s Republic of China,’’ dated Reviews DATES: Applicable November 21, 2019. July 19, 2019. 5 See Wor-Biz’s Letter, ‘‘Cast Iron Soil Pipe Pursuant to section 751(b)(1) of the FOR FURTHER INFORMATION CONTACT: Fittings from the People’s Republic of China: Tariff Act of 1930, as amended (the Act), Michael Bowen at (202) 482–0768 (AD) Request for an Expedited Changed Circumstances and 19 CFR 351.216, Commerce will Review,’’ dated August 20, 2019 (Wor-Biz’s Second conduct a CCR upon a request from an or Dennis McClure at (202) 482–5973 CCR Submission). (CVD), Office VIII, Enforcement and 6 See Commerce’s Letter, ‘‘Request for Changed interested party for a review of an AD Compliance, International Trade Circumstances Review of the Antidumping and or CVD order which shows changed Administration, U.S. Department of Countervailing Duty Orders on Cast Iron Soil Pipe circumstances sufficient to warrant a Fittings from the People’s Republic of China: review of the order, but will not do so Commerce, 1401 Constitution Avenue Extension of Initiation Deadline,’’ dated October 2, NW, Washington, DC 20230. 2019. less than 24 months after the date of 7 publication of the final determinations SUPPLEMENTARY INFORMATION: See Commerce’s Letter, ‘‘Cast Iron Soil Pipe Fittings from the People’s Republic of China: of the AD and CVD investigations absent Background Changed Circumstances Review Supplemental a finding of good cause.9 The Questionnaire,’’ dated October 9, 2019. information submitted by Wor-Biz On August 31, 2018, Commerce 8 See Wor-Biz’s Letter, ‘‘Cast Iron Soil Pipe Fittings from the People’s Republic of China: Wor- supporting its claim that Wor-Biz published the AD and CVD orders on Biz’s Supplemental Response,’’ dated October 16, imports of cast iron soil pipe fittings 2019 (Wor-Biz’s Third CCR Submission). 9 See 19 CFR 351.216(c).

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Industrial is the successor-in-interest to interest CCRs when sufficient Industrial is managed and operated by Wor-Biz Trading, demonstrates both documentation has been provided the same management teams as those of good cause and changed circumstances supporting the request to make a Wor-Biz Trading.20 Further, Wor-Biz sufficient to initiate these reviews.10 preliminary determination.15 In this Industrial has not added, or Specifically, Wor-Biz states that good instance, because we have on the record discontinued use of, production cause exists because a CCR is necessary information to support the request for facilities as a result the English name to ensure that Wor-Biz’s U.S. customers AD and CVD preliminary change.21 Finally, there have been no can accurately identify Wor-Biz by its determinations, we find that expedited material changes to the company’s new English name as the exporter of action is warranted, and we are suppliers or customer base.22 Based on subject merchandise, and to ensure that combining the notice of initiation and the foregoing, we preliminarily cash deposits are collected at Wor-Biz’s the notice of preliminary results, in determine that Wor-Biz Industrial is the company-specific rates calculated accordance with 19 CFR successor-in-interest to Wor-Biz Trading during the AD and CVD 351.221(c)(3)(ii). and, as such, that it is entitled to Wor- investigations.11 Commerce has AD Methodology Biz Trading’s AD cash deposit rate with previously found good cause exists to respect to entries of subject initiate a CCR less than 24 months after In a CCR, we generally consider a merchandise. the date of publication of a final company to be the successor to another determination when a respondent has company for AD cash deposit purposes CVD Methodology changed its name, as this ensures that if the operations of the successor are not CBP is able to assess entries at the materially dissimilar from those of its As a general rule, in a CVD CCR, appropriate cash deposit rate.12 predecessor.16 In making an AD CCR Commerce will make an affirmative Additionally, the information determination, Commerce examines a CVD successorship finding (i.e., that the submitted by Wor-Biz regarding its number of factors including, but not respondent company is the same changed circumstances demonstrates limited to, changes in: (1) Management; subsidized entity for CVD cash deposit that Wor-Biz’s request is based solely on (2) production; (3) suppliers; and (4) purposes as the predecessor company) a change in its English name. customer base.17 While no one or where there is no evidence of significant Specifically, effective October 31, 2019, several of these factors is dispositive, changes in the respondent’s: (1) Wor-Biz Trading legally changed the Commerce will generally consider one Operations; (2) ownership; and (3) company’s English name to Wor-Biz company to be the successor to another corporate and legal structure during the Industrial Product Co., Ltd. (Anhui).13 if its resulting operation is essentially relevant period (i.e., the ‘‘look-back The evidence submitted in support of the same as that of its predecessor.18 window’’) that could have affected the Wor-Biz’s request demonstrates that Thus, if the evidence demonstrates that, nature and extent of the respondent’s Wor-Biz Industrial is the same business with respect to the production and sale subsidy levels.23 Where Commerce entity as its predecessor and that Wor- of the subject merchandise, the new makes an affirmative CVD successorship Biz merely changed the company’s company operates as the same business finding, the successor’s merchandise English name; the Chinese company entity as the prior company, Commerce will be entitled to enter under the name remains the same. will assign the new company the cash predecessor’s cash deposit rate.24 Here, 19 Therefore, in accordance with the deposit rate of its predecessor. we find no evidence of significant above-referenced regulation, Commerce In its CCR submissions, Wor-Biz changes between Wor-Biz Industrial’s provided evidence demonstrating that is initiating CCRs to determine whether and Wor-Biz Trading’s operations, Wor-Biz Industrial’s operations are not Wor-Biz Industrial is the successor-in- ownership, or its corporate or legal materially dissimilar from those of Wor- interest to Wor-Biz Trading. structure that could have had an impact Biz Trading. Specifically, Wor-Biz Preliminary Results on Wor-Biz’s subsidy levels.25 Specifically, all record information with When it concludes that expedited 15 See, e.g., Multilayered Wood Flooring from the People’s Republic of China: Initiation and respect to Wor-Biz’s trading action is warranted, Commerce may 26 27 publish the notice of initiation and Preliminary Results of Antidumping and operations, shareholders, and Countervailing Duty Changed Circumstances corporate and legal structure 28 preliminary results of a CCR Reviews, 82 FR 9561 (February 7, 2017), unchanged concurrently.14 Commerce has in Multilayered Wood Flooring from the People’s demonstrates that Wor-Biz Industrial is combined the notice of initiation and Republic of China: Final Results of Changed the same subsidized entity as its Circumstances Reviews, 82 FR 14691 (March 22, preliminary results in successor-in- 2017). 20 See Wor-Biz’s Second CCR Submission at 16 Id. Exhibits 8–9. 10 See 19 CFR 351.216(d). 17 See Initiation and Preliminary Results of 21 Id. at 4. Wor-Biz is only a trading company and 11 See Wor-Biz’s Second CCR Submission. Antidumping Duty Changed Circumstances Review: does not produce subject merchandise. 12 See, e.g., Notice of Initiation and Preliminary Multilayered Wood Flooring from the People’s 22 Id. at Exhibits 4–7. Results of Antidumping Duty Changed Republic of China, 79 FR 48117,48118 (August 15, 23 Circumstances Review: Certain Passenger Vehicle 2014), unchanged in Multilayered Wood Flooring See Certain Pasta from Turkey: Preliminary and Light Truck Tires From the People’s Republic from the People’s Republic of China: Final Results Results of Countervailing Duty Changed of China, 81 FR 44588 (July 8, 2016) (‘‘Sailun Jinyu of Changed Circumstances Review, 79 FR 58740 Circumstances Review, 74 FR 47225 (September 15, HK demonstrated good cause for initiating a CCR (September 30, 2014). 2009). Here, the relevant period, or ‘‘look-back window,’’ is December 31, 2016 (end of the period pursuant to 19 CFR 351.216(c) because it has only 18 Id. of investigation) through August 20, 2019 (date of changed its name and no other aspect of the 19 See, e.g., Initiation and Preliminary Results of the resubmitted CCR request). company’s operations, and conducting this review Antidumping Duty Changed Circumstances Review: 24 See Multilayered Wood Flooring from the ensures that the appropriate deposit rate applies to Crystalline Silicon Photovoltaic Cells, Whether or People’s Republic of China: Initiation and Sailun Jinyu HK.’’); and Certain Aluminum Foil and Not Assembled Into Modules, from the People’s Preliminary Results of Antidumping and Common Alloy Aluminum Sheet from the People’s Republic of China, 81 FR 76561 (November 3, 2016) Countervailing Duty Changed Circumstances Republic of China; Notice of Initiation and (Solar Cells China 2016), unchanged in Crystalline Reviews, 82 FR 9561 (February 7, 2017). Preliminary Determination of Antidumping and Silicon Photovoltaic Cells, Whether or Not 25 Countervailing Duty Changed Circumstances Assembled Into Modules, from the People’s See Wor-Biz’s Second CCR Submission. Reviews, 84 FR 48909 (September 17, 2019). Republic of China: Final Results of Changed 26 Id. at Exhibits 4–7. 13 See Wor-Biz’s Second CCR Submission. Circumstances Review, 81 FR 91909 (December 19, 27 Id. at Exhibit 8. 14 See 19 CFR 351.221(c)(3)(ii). 2016). 28 Id. at Exhibits 1–2.

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predecessor.29 Accordingly, we DEPARTMENT OF COMMERCE petitioners filed responses to the preliminarily determine that Wor-Biz supplemental questionnaires on October Industrial is the successor-in-interest to International Trade Administration 30, November 4, and November 6, Wor-Biz Trading and, as such, that it is [A–533–891, A–580–904] 2019.5 entitled to Wor-Biz Trading’s CVD cash In accordance with section 732(b) of deposit rate with respect to entries of Forged Steel Fittings From India and the Tariff Act of 1930, as amended (the subject merchandise. the Republic of Korea: Initiation of Act), the petitioners allege that imports Should our final results remain the Less-Than-Fair-Value Investigations of forged steel fittings from India and same as these preliminary results, we AGENCY: Enforcement and Compliance, Korea are being, or are likely to be, sold will instruct U.S. Customs and Border International Trade Administration, in the United States at less than fair Protection to assign entries of subject Department of Commerce. value (LTFV) within the meaning of merchandise exported by Wor-Biz DATES: Applicable November 12, 2019. section 731 of the Act, and that such Industrial the AD and CVD cash deposit FOR FURTHER INFORMATION CONTACT: imports are materially injuring, or rates applicable to Wor-Biz Trading, Caitlin Monks or Charlotte Baskin- threatening material injury to, the effective the date of publication of the domestic industry producing forged final results. Gerwitz, AD/CVD Operations, Office VII, Enforcement and Compliance, steel fittings in the United States. Public Comment International Trade Administration, Consistent with section 732(b)(1) of the U.S. Department of Commerce, 1401 Act, the Petitions are accompanied by Any interested party may request a Constitution Avenue NW, Washington, information reasonably available to the hearing within 14 days of publication of DC 20230; telephone: (202) 482–2670 or petitioners supporting their allegations. this notice, in accordance with 19 CFR (202) 482–4880, respectively. Commerce finds that the petitioners 351.310(c). Interested parties may SUPPLEMENTARY INFORMATION: filed the Petitions on behalf of the submit case briefs and/or written domestic industry, because the comments no later than 14 days after the The Petitions petitioners are interested parties, as date of publication of this notice.30 On October 23, 2019, the U.S. defined in sections 771(9)(C) and (D) of Rebuttal briefs and rebuttals to written Department of Commerce (Commerce) the Act. Commerce also finds that the comments, which must be limited to received antidumping duty (AD) petitioners demonstrated sufficient issues raised in such briefs or petitions concerning imports of forged industry support with respect to the comments, may be filed not later than steel fittings from India and the initiation of the requested AD 7 days after the case briefs.31 Any Republic of Korea (Korea), filed in investigations.6 hearing, if requested, will normally be proper form by Bonney Forge held two days after rebuttal briefs/ Corporation and the United Steel, Paper Periods of Investigation comments are due, in accordance with and Forestry, Rubber, Manufacturing, 19 CFR 351.310(d)(1). Parties who Energy, Allied Industrial and Service Because the Petitions were filed on submit case briefs or rebuttal briefs in Workers International Union (USW) October 23, 2019, the period of these CCRs are requested to submit with (collectively, the petitioners).1 The investigation (POI) for the India and each argument (1) a statement of the Petitions were accompanied by a Korea AD investigations is October 1, issue, and (2) a brief summary of the countervailing duty (CVD) petition 2018 through September 30, 2019, argument with an electronic version concerning imports of forged steel pursuant to 19 CFR 351.204(b)(1). included. Consistent with 19 CFR 2 fittings from India. The petitioners are Scope of the Investigations 351.216(e), we will issue the final a domestic producer of forged steel results of these CCRs no later than 270 fittings and a certified union that The products covered by these days after the date on which these represents workers who produce forged investigations are forged steel fittings reviews were initiated or within 45 days steel fittings.3 from India and Korea. For a full of publication of these preliminary On October 28 and November 4, 2019, description of the scope of these results if all parties agree to our Commerce requested supplemental investigations, see the Appendix to this preliminary findings. information pertaining to certain aspects notice. We are issuing and publishing this of the Petitions in separate supplemental questionnaires.4 The initiation and preliminary results notice Forged Steel Fittings from India: Phone Call with Counsel to the Petitioners,’’ dated November 4, in accordance with sections 751(b)(1) 1 and 777(i)(1) of the Act and 19 CFR See Petitioners’ Letter, ‘‘Petitions for the 2019; and Memorandum, ‘‘Petitions for the Imposition of Antidumping and Countervailing Imposition of Antidumping and Countervailing 351.216 and 351.221(c)(3). Duties: Forged Steel Fittings from India and the Duties on Imports of Forged Steel Fittings from Republic of Korea,’’ dated October 23, 2019 (the Dated: November 15, 2019. India and the Republic of Korea: Phone Call with Petitions). Counsel to the Petitioners,’’ dated November 4, Jeffrey I. Kessler, 2 Id. 2019 (Scope Memo). Assistant Secretary for Enforcement and 3 See Volume I of the Petitions at 2. 5 See Petitioners’ Letters, ‘‘Forged Steel Fittings Compliance. 4 See Commerce’s Letters, ‘‘Petitions for the from India and the Republic of Korea: Response to Imposition of Antidumping and Countervailing General Issues Questionnaire,’’ dated October 30, [FR Doc. 2019–25263 Filed 11–20–19; 8:45 am] Duties on Imports of Forged Steel Fittings from 2019 (General Issues Supplement); ‘‘Forged Steel BILLING CODE 3510–DS–P India and the Republic of Korea: Supplemental Fittings from Korea: Response to Supplemental Questions,’’ dated October 28, 2019 (General Issues Questionnaire,’’ dated October 30, 2019; ‘‘Forged Supplemental); ‘‘Petition for the Imposition of Steel Fittings from India: Response to Antidumping 29 See Wor-Biz’s Third CCR Submission at 1 and Antidumping Duties on Imports of Forged Steel Questionnaire,’’ dated October 30, 2019; ‘‘Forged Exhibit S–1. Fittings from India: Supplemental Questions,’’ Steel Fittings from India and the Republic of Korea: 30 Commerce is exercising its discretion under 19 dated October 28, 2019; ‘‘Petitions for the Response on Revisions to the Scope,’’ dated CFR 351.309(c)(1)(ii) to alter the time limit for the Imposition of Antidumping and Countervailing November 4, 2019; and ‘‘Forged Steel Fittings from filing of case briefs. Duties on Imports of Forged Steel Fittings from the India: Response to Additional Antidumping 31 Commerce is exercising its discretion under 19 Republic of Korea: Supplemental Questions,’’ dated Questions,’’ dated November 6, 2019. CFR 351.309(d)(1) to alter the time limit for the May 14, 2019; Memorandum, ‘‘Petition for the 6 See the ‘‘Determination of Industry Support for filing of rebuttal briefs. Imposition of Antidumping Duties on Imports of the Petitions’’ section, infra.

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Comments on the Scope of the An electronically filed document must be filed by 5:00 p.m. ET on December Investigations be received successfully in its entirety 2, 2019, which is 20 calendar days from 12 During our review of the Petitions, we by the time and date it is due. the signature date of this notice. Any contacted the petitioners regarding the Documents exempted from the rebuttal comments must be filed by 5:00 proposed scope to ensure that the scope electronic submission requirements p.m. ET on December 12, 2019. All language in the Petitions is an accurate must be filed manually (i.e., in paper comments and submissions to reflection of the products for which the form) with Enforcement and Commerce must be filed electronically domestic industry is seeking relief.7 As Compliance’s APO/Dockets Unit, Room using ACCESS, as explained above, on a result, the scope of the Petitions was 18022, U.S. Department of Commerce, the record of each of the AD modified to clarify the description of the 1401 Constitution Avenue NW, investigations. merchandise covered by the Petitions. Washington, DC 20230, and stamped with the date and time of receipt by the Determination of Industry Support for The description of the merchandise the Petitions covered by these investigations, as applicable deadlines. Section 732(b)(1) of the Act requires described in the Appendix to this Comments on Product Characteristics notice, reflects these clarifications. that a petition be filed on behalf of the As discussed in the Preamble to Commerce is providing interested domestic industry. Section 732(c)(4)(A) Commerce’s regulations, we are setting parties an opportunity to comment on of the Act provides that a petition meets aside a period for interested parties to the appropriate physical characteristics this requirement if the domestic raise issues regarding product coverage of forged steel fittings to be reported in producers or workers who support the (scope).8 Commerce will consider all response to Commerce’s AD petition account for: (i) At least 25 comments received from interested questionnaires. This information will be percent of the total production of the parties and, if necessary, will consult used to identify the key physical domestic like product; and (ii) more with interested parties prior to the characteristics of the subject than 50 percent of the production of the issuance of the preliminary merchandise in order to report the domestic like product produced by that determinations. If scope comments relevant costs of production accurately, portion of the industry expressing include factual information,9 all such as well as to develop appropriate support for, or opposition to, the factual information should be limited to product-comparison criteria. petition. Moreover, section 732(c)(4)(D) Interested parties may provide any public information. To facilitate of the Act provides that, if the petition information or comments that they feel preparation of its questionnaires, does not establish support of domestic are relevant to the development of an Commerce requests that all interested producers or workers accounting for accurate list of physical characteristics. parties submit scope comments by 5:00 more than 50 percent of the total Specifically, they may provide p.m. Eastern Time (ET) on December 2, production of the domestic like product, comments as to which characteristics 2019, which is 20 calendar days from Commerce shall: (i) Poll the industry or are appropriate to use as: (1) General rely on other information in order to the signature date of this notice. Any product characteristics, and (2) product rebuttal comments, which may include determine if there is support for the comparison criteria. We note that it is petition, as required by subparagraph factual information, must be filed by not always appropriate to use all 5:00 p.m. ET on December 12, 2019, (A); or (ii) determine industry support product characteristics as product using a statistically valid sampling which is 10 calendar days from the comparison criteria. We base product 10 method to poll the ‘‘industry.’’ initial comment deadline. comparison criteria on meaningful Commerce requests that any factual Section 771(4)(A) of the Act defines commercial differences among products. information parties consider relevant to the ‘‘industry’’ as the producers as a In other words, although there may be whole of a domestic like product. Thus, the scope of the investigations be some physical product characteristics submitted during this period. However, to determine whether a petition has the utilized by manufacturers to describe requisite industry support, the statute if a party subsequently finds that forged steel fittings, it may be that only additional factual information directs Commerce to look to producers a select few product characteristics take and workers who produce the domestic pertaining to the scope of the into account commercially meaningful investigations may be relevant, the party like product. The International Trade physical characteristics. In addition, Commission (ITC), which is responsible may contact Commerce and request interested parties may comment on the permission to submit the additional for determining whether ‘‘the domestic order in which the physical industry’’ has been injured, must also information. All such submissions must characteristics should be used in be filed on the records of the concurrent determine what constitutes a domestic matching products. Generally, like product in order to define the AD and CVD investigations. Commerce attempts to list the most industry. While both Commerce and the important physical characteristics first Filing Requirements ITC must apply the same statutory and the least important characteristics All submissions to Commerce must be definition regarding the domestic like last. 13 filed electronically via Enforcement and In order to consider the suggestions of product, they do so for different Compliance’s Antidumping Duty and interested parties in developing and purposes and pursuant to a separate and Countervailing Duty Centralized distinct authority. In addition, 11 issuing the AD questionnaires, all Electronic Service System (ACCESS). product characteristics comments must Commerce’s determination is subject to limitations of time and information. 7 See General Issues Supplemental; see also Scope Administrative Protective Order Procedures, 76 FR Although this may result in different Memo. definitions of the like product, such 8 39263 (July 6, 2011); see also Enforcement and See Antidumping Duties; Countervailing Duties, Compliance; Change of Electronic Filing System Final Rule, 62 FR 27296, 27323 (May 19, 1997) differences do not render the decision of Name, 79 FR 69046 (November 20, 2014) for details either agency contrary to law.14 (Preamble). of Commerce’s electronic filing requirements, 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual effective August 5, 2011. Information on help using information’’). ACCESS can be found at https://access.trade.gov/ 12 See 19 CFR 351.303(b). 10 See 19 CFR 351.303(b). help.aspx and a handbook can be found at https:// 13 See section 771(10) of the Act. 11 See Antidumping and Countervailing Duty access.trade.gov/help/Handbook%20 14 See USEC, Inc. v. United States, 132 F. Supp. Proceedings: Electronic Filing Procedures; on%20Electronic%20Filling%20Procedures.pdf. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.

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Section 771(10) of the Act defines the petitioners for purposes of measuring The petitioners contend that the domestic like product as ‘‘a product industry support.19 industry’s injured condition is which is like, or in the absence of like, Our review of the data provided in the illustrated by a significant and most similar in characteristics and uses Petitions, the General Issues increasing volume of subject imports; with, the article subject to an Supplement, and other information reduced market share; underselling and investigation under this title.’’ Thus, the readily available to Commerce indicates price depression or suppression; and reference point from which the that the petitioners have established declines in the domestic industry’s 20 domestic like product analysis begins is industry support for the Petitions. production, capacity utilization, U.S. ‘‘the article subject to an investigation’’ First, the Petitions established support shipments, and financial performance.25 (i.e., the class or kind of merchandise to from domestic producers (or workers) We have assessed the allegations and accounting for more than 50 percent of be investigated, which normally will be supporting evidence regarding material the total production of the domestic like the scope as defined in the petition). injury, threat of material injury, product and, as such, Commerce is not With regard to the domestic like required to take further action in order causation, as well as cumulation, and product, the petitioners do not offer a to evaluate industry support (e.g., we have determined that these definition of the domestic like product polling).21 Second, the domestic allegations are properly supported by distinct from the scope of the producers (or workers) have met the adequate evidence, and meet the 15 26 Petitions. Based on our analysis of the statutory criteria for industry support statutory requirements for initiation. information submitted on the record, we under section 732(c)(4)(A)(i) of the Act, Allegations of Sales at LTFV have determined that forged steel because the domestic producers (or fittings, as defined in the scope, workers) who support the Petitions The following is a description of the constitute a single domestic like account for at least 25 percent of the allegations of sales at LTFV upon which product, and we have analyzed industry total production of the domestic like Commerce based its decision to initiate support in terms of that domestic like product.22 Finally, the domestic AD investigations of imports of forged product.16 producers (or workers) have met the steel fittings from India and Korea. The In determining whether the statutory criteria for industry support sources of data for the deductions and petitioners have standing under section under section 732(c)(4)(A)(ii) of the Act, adjustments relating to U.S. price and 732(c)(4)(A) of the Act, we considered because the domestic producers (or normal value (NV) are discussed in the industry support data contained in workers) who support the Petitions greater detail in the country-specific AD the Petitions with reference to the account for more than 50 percent of the Initiation Checklists. domestic like product as defined in the production of the domestic like product ‘‘Scope of the Investigations,’’ in the produced by that portion of the industry Export Price Appendix to this notice. To establish expressing support for, or opposition to, For India and Korea, the petitioners industry support, the petitioners the Petitions.23 Accordingly, Commerce based export price (EP) on the average provided their own production of the determines that the Petitions were filed unit values (AUVs) of publicly available domestic like product in 2018, as well on behalf of the domestic industry import data. The petitioners made as the 2018 production of Capitol within the meaning of section 732(b)(1) Manufacturing Company LLC (Capitol of the Act. deductions from U.S. price for foreign Manufacturing), a U.S. producer of inland freight and foreign brokerage and Allegations and Evidence of Material 27 forged steel fittings that supports the handling charges. Injury and Causation Petitions.17 The petitioners compared Normal Value the production of the supporters of the The petitioners allege that the U.S. Petitions to the estimated total industry producing the domestic like For Korea, the petitioners based NV production of the domestic like product product is being materially injured, or is on home market prices obtained through for the entire domestic industry.18 We threatened with material injury, by market research for forged steel fittings relied on data provided by the reason of the imports of the subject produced in and sold, or offered for merchandise sold at less than normal sale, in Korea within the POI.28 value (NV). In addition, the petitioners v. United States, 688 F. Supp. 639, 644 (CIT 1988), For India, the petitioners were unable aff’d 865 F.2d 240 (Fed. Cir. 1989)). allege that subject imports exceed the to obtain information relating to the 15 See Volume I of the Petitions at 12–14; see also negligibility threshold provided for prices charged for forged steel fittings General Issues Supplement at 6. under section 771(24)(A) of the Act.24 16 For a discussion of the domestic like product produced in and sold, or offered for analysis as applied to these cases and information 29 19 See Volume I of the Petitions at 4–5 and sale, in India or third country prices. regarding industry support, see Antidumping Duty The petitioners therefore calculated Investigation Initiation Checklist: Forged Steel Exhibits I–3 and I–4; see also General Issues Fittings from India (India AD Initiation Checklist), Supplement at 6–8 and Exhibit 12. For further normal value based on constructed at Attachment II, Analysis of Industry Support for discussion, see India AD Initiation Checklist at value (CV).30 For further discussion of the Antidumping and Countervailing Duty Petitions Attachment II; see also Korea AD Initiation Covering Forged Steel Fittings from India and the Checklist at Attachment II. 25 Republic of Korea (Attachment II); see also 20 See India AD Initiation Checklist at Attachment Id. at 16–35 and Exhibits I–1, I–14, I–15 and Antidumping Duty Investigation Initiation II; see also Korea AD Initiation Checklist at I–17 through I–20. Checklist: Forged Steel Fittings from the Republic Attachment II. 26 See India AD Initiation Checklist at Attachment of Korea (Korea AD Initiation Checklist), at 21 See section 732(c)(4)(D) of the Act; see also III, Analysis of Allegations and Evidence of Material Attachment II. These checklists are dated India AD Initiation Checklist at Attachment II; and Injury and Causation for the Antidumping and concurrently with, and hereby adopted by, this Korea AD Initiation Checklist at Attachment II. Countervailing Duty Petitions Covering Forged notice and on file electronically via ACCESS. 22 See India AD Initiation Checklist at Attachment Steel Fittings from India and the Republic of Korea Access to documents filed via ACCESS is also II; see also Korea AD Initiation Checklist at (Attachment III); see also Korea AD Initiation available in the Central Records Unit, Room B8024 Attachment II. Checklist, at Attachment III. of the main Commerce building. 23 See India AD Initiation Checklist at Attachment 27 See India AD Initiation Checklist; see also 17 See Volume I of the Petitions at 4 and Exhibits II; see also Korea AD Initiation Checklist at Korea Initiation Checklist. I–3 and I–4. Attachment II. 28 See Korea Initiation Checklist. 18 Id. at 4–5 and Exhibits I–3 and I–4; see also 24 See Volume I of the Petitions at 22 and Exhibit 29 See India AD Initiation Checklist. General Issues Supplement at 6–8 and Exhibit 12. I–15. 30 Id.

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CV, see the section ‘‘Normal Value of section 732 of the Act. Therefore, we respondent selection within 20 days of Based on Constructed Value.’’ 31 are initiating AD investigations to publication of this notice. determine whether imports of forged Normal Value Based on Constructed Distribution of Copies of the Petitions steel fittings from India and Korea are Value being, or are likely to be, sold in the In accordance with section As noted, the petitioner was unable to United States at LTFV. In accordance 732(b)(3)(A) of the Act and 19 CFR obtain information relating to the prices with section 733(b)(1)(A) of the Act and 351.202(f), copies of the public version charged for forged steel fittings 19 CFR 351.205(b)(1), unless postponed, of the Petitions have been provided to produced in India, or third country we will make our preliminary the governments of India and Korea via prices; accordingly, the petitioner based determinations no later than 140 days ACCESS. To the extent practicable, we NV on CV.32 Pursuant to section 773(e) after the date of this initiation. will attempt to provide a copy of the of the Act, CV consists of the cost of public version of the Petitions to each manufacturing (COM), selling, general, Respondent Selection exporter named in the Petitions, as and administrative (SG&A) expenses, In the Petitions, the petitioners named provided under 19 CFR 351.203(c)(2). financial expenses, packing expenses, 12 companies in India 38 and four ITC Notification and profit. For India, the petitioner companies in Korea,39 as producers/ calculated the COM based on the input exporters of forged steel fittings. We will notify the ITC of our factors of production and its own usage Following standard practice in AD initiation, as required by section 732(d) rates. The input factors of production investigations involving market of the Act. were valued using publicly available economy countries, in the event Preliminary Determinations by the ITC data on costs specific to India during the Commerce determines that the number proposed POI.33 Specifically, the prices of companies is large and it cannot The ITC will preliminarily determine, for raw materials, reclaimed steel scrap, individually examine each company within 45 days after the date on which and packing inputs were valued using based upon Commerce’s resources, the Petitions were filed, whether there publicly available import and domestic where appropriate, Commerce intends is a reasonable indication that imports 34 price data for India. Labor and energy to select respondents in India and Korea of forged steel fittings from India and/ costs were valued using publicly based on U.S. Customs and Border or Korea are materially injuring, or 35 available sources for India. The Protection (CBP) data for U.S. imports threatening material injury to, a U.S. petitioner calculated factory overhead, under the appropriate Harmonized industry.41 A negative ITC SG&A expenses, financial expenses, and Tariff Schedule of the United States determination for any country will profit for India based on the ratios found numbers listed in the ‘‘Scope of the result in the investigations being in the experience of a producer of Investigations,’’ in the Appendix. terminated with respect to that identical or comparable merchandise country.42 Otherwise, these 36 Between November 5 and November from India. 6, 2019, Commerce released CBP data investigations will proceed according to Fair Value Comparisons on imports of forged steel fittings from statutory and regulatory time limits. Based on the data provided by the India and Korea under APO to all Submission of Factual Information parties with access to information petitioners, there is reason to believe Factual information is defined in 19 that imports of forged steel fittings from protected by APO and indicated that interested parties wishing to comment CFR 351.102(b)(21) as: (i) Evidence India and Korea are being, or are likely submitted in response to questionnaires; to be, sold in the United States at LTFV. on the CBP data must do so within three business days of the publication date of (ii) evidence submitted in support of Based on comparisons of EP to NV in allegations; (iii) publicly available accordance with sections 772 and 773 of the notice of initiation of these 40 information to value factors under 19 the Act, the estimated dumping margins investigations. Commerce will not accept rebuttal comments regarding the CFR 351.408(c) or to measure the for forged steel fittings from India range adequacy of remuneration under 19 CFR from 52.48 to 293.40 percent and from CBP data or respondent selection. Interested parties must submit 351.511(a)(2); (iv) evidence placed on Korea range from 45.31 to 198.38 the record by Commerce; and (v) percent.37 applications for disclosure under APO in accordance with 19 CFR 351.305(b). evidence other than factual information Initiation of LTFV Investigations Instructions for filing such applications described in (i)–(iv). Section 351.301(b) of Commerce’s regulations requires any Based upon the examination of the may be found on the Commerce’s party, when submitting factual Petitions and supplemental responses, website at http://enforcement.trade.gov/ information, to specify under which we find that they meet the requirements apo. Comments must be filed subsection of 19 CFR 351.102(b)(21) the 43 31 In accordance with section 505(a) of the Trade electronically using ACCESS. An information is being submitted and, if Preferences Extension Act of 2015, amending electronically filed document must be the information is submitted to rebut, section 773(b)(2) of the Act, for these investigations, received successfully, in its entirety, by clarify, or correct factual information Commerce will request information necessary to already on the record, to provide an calculate the CV and cost of production (COP) to ACCESS no later than 5:00 p.m. ET on determine whether there are reasonable grounds to the date noted above. We intend to explanation identifying the information believe or suspect that sales of the foreign like finalize our decisions regarding already on the record that the factual product have been made at prices that represent information seeks to rebut, clarify, or less than the COP of the product. Commerce no 44 38 See Volume I of the Petitions at Exhibit I–13. correct. Time limits for the longer requires a COP allegation to conduct this 39 analysis. Id. submission of factual information are 40 32 See India AD Initiation Checklist; see also See Memoranda, ‘‘Antidumping Duty addressed in 19 CFR 351.301, which Korea AD Initiation Checklist. Investigation of Forged Steel Fittings from India: provides specific time limits based on Release of Customs Data from U.S. Customs and 33 Id. Border Protection,’’ dated November 6, 2019; and 34 41 Id. ‘‘Antidumping Duty Investigation of Forged Steel See section 733(a) of the Act. 35 Id. Fittings from Korea: Release of Customs Data from 42 Id. 36 Id. U.S. Customs and Border Protection,’’ dated 43 See 19 CFR 351.301(b). 37 Id. November 5, 2019. 44 See 19 CFR 351.301(b)(2).

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the type of factual information being such a case, we will inform parties in a reducers, caps, plugs, bushings, unions, and submitted. Interested parties should letter or memorandum of the deadline outlets. Forged steel fittings are covered review the regulations prior to (including a specified time) by which regardless of end finish, whether threaded, submitting factual information in these socket-weld or other end connections. The extension requests must be filed to be scope includes integrally reinforced forged investigations. considered timely. An extension request branch outlet fittings, regardless of whether Particular Market Situation Allegation must be made in a separate, stand-alone they have one or more ends that is a socket submission; under limited welding, threaded, butt welding end, or other Section 504 of the Trade Preferences circumstances we will grant untimely- end connections. Extension Act of 2015 amended the Act filed requests for the extension of time While these fittings are generally by adding the concept of particular limits. Parties should review Extension manufactured to specifications ASME market situation (PMS) for purposes of of Time Limits; Final Rule, 78 FR 57790 B16.11, MSS SP–79, MSS SP–83, MSS–SP– 45 97, ASTM A105, ASTM A350 and ASTM CV under section 773(e) of the Act. (September 20, 2013), available at Section 773(e) of the Act states that ‘‘if A182, the scope is not limited to fittings http://www.gpo.gov/fdsys/pkg/FR-2013- made to these specifications. a particular market situation exists such 09-20/html/2013-22853.htm, prior to The term forged is an industry term used that the cost of materials and fabrication submitting factual information in these to describe a class of products included in or other processing of any kind does not investigations. applicable standards, and it does not accurately reflect the cost of production reference an exclusive manufacturing in the ordinary course of trade, the Certification Requirements process. Forged steel fittings are not administering authority may use Any party submitting factual manufactured from casings. Pursuant to the another calculation methodology under applicable standards, fittings may also be information in an AD or CVD machined from bar stock or machined from this subtitle or any other calculation proceeding must certify to the accuracy seamless pipe and tube. methodology.’’ When an interested and completeness of that information.46 All types of forged steel fittings are party submits a PMS allegation pursuant Parties must use the certification included in the scope regardless of nominal to section 773(e) of the Act, Commerce formats provided in 19 CFR pipe size (which may or may not be will respond to such a submission 351.303(g).47 Commerce intends to expressed in inches of nominal pipe size), consistent with 19 CFR 351.301(c)(2)(v). reject factual submissions if the pressure class rating (expressed in pounds of If Commerce finds that a PMS exists submitting party does not comply with pressure, e.g., 2,000 or 2M; 3,000 or 3M; under section 773(e) of the Act, then it 6,000 or 6M; 9,000 or 9M), wall thickness, the applicable certification and whether or not heat treated. will modify its dumping calculations requirements. Excluded from this scope are all fittings appropriately. Notification to Interested Parties entirely made of stainless steel. Also Neither section 773(e) of the Act nor excluded are flanges, nipples, and all fittings 19 CFR 351.301(c)(2)(v) set a deadline Interested parties must submit that have a maximum pressure rating of 300 for the submission of PMS allegations applications for disclosure under APO pounds per square inch/PSI or less. and supporting factual information. in accordance with 19 CFR 351.305. On Also excluded from the scope are fittings However, in order to administer section January 22, 2008, Commerce published certified or made to the following standards, 773(e) of the Act, Commerce must Antidumping and Countervailing Duty so long as the fittings are not also manufactured to the specifications of ASME receive PMS allegations and supporting Proceedings: Documents Submission B16.11, MSS SP–79, MSS SP–83, MSS SP– factual information with enough time to Procedures; APO Procedures, 73 FR 97, ASTM A105, ASTM A350 and ASTM consider the submission. Thus, should 3634 (January 22, 2008). Parties wishing A182: an interested party wish to submit a to participate in these investigations • American Petroleum Institute (API) 5CT, PMS allegation and supporting new should ensure that they meet the API 5L, or API11B; factual information pursuant to section requirements of these procedures (e.g., • American Society of Mechanical 773(e) of the Act, it must do so no later Engineers (ASME) B16.9; the filing of letters of appearance as • than 20 days after submission of a discussed at 19 CFR 351.103(d)). Manufacturers Standardization Society (MSS) SP–75; respondent’s initial section D This notice is issued and published • Society of Automotive Engineering (SAE) questionnaire response. pursuant to sections 732(c)(2) and 777(i) J476, SAE J514, SAE J516, SAE J517, SAE of the Act, and 19 CFR 351.203(c). Extensions of Time Limits J518, SAE J1026, SAEJ1231, SAE J1453, SAE Dated: November 12, 2019. J1926, J2044 or SAE AS 35411; Parties may request an extension of • Hydraulic hose fittings (e.g., fittings used Jeffrey I. Kessler, time limits before the expiration of a in high pressure water cleaning applications, time limit established under 19 CFR Assistant Secretary for Enforcement and in the manufacture of hydraulic engines, to 351.301, or as otherwise specified by the Compliance. connect rubber dispensing hoses to a Secretary. In general, an extension Appendix dispensing nozzle or grease fitting) made to request will be considered untimely if it ISO 12151–1, 12151–2, 12151–3, 12151–4, Scope of the Investigations 12151–5, or 12151–6; is filed after the expiration of the time • Underwriter’s Laboratories (UL) certified limit established under 19 CFR 351.301. The merchandise covered by these investigations is carbon and alloy forged steel electrical conduit fittings; For submissions that are due from • ASTM A153, A536, A576, or A865; fittings, whether unfinished (commonly • multiple parties simultaneously, an known as blanks or rough forgings) or Casing Conductor Connectors made to extension request will be considered proprietary specifications; finished. Such fittings are made in a variety • untimely if it is filed after 10:00 a.m. ET of shapes including, but not limited to, Machined steel parts (e.g., couplers) that on the due date. Under certain elbows, tees, crosses, laterals, couplings, are not certified to any specifications in this circumstances, we may elect to specify scope description and that are not for connecting steel pipes for distributing gas 46 a different time limit by which See section 782(b) of the Act. and liquids; 47 extension requests will be considered See Certification of Factual Information to • Oil country tubular goods (OCTG) untimely for submissions which are due Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July connectors (e.g., forged steel tubular from multiple parties simultaneously. In 17, 2013) (Final Rule). Answers to frequently asked connectors for API 5L pipes or OCTG for questions regarding the Final Rule are available at offshore oil and gas drilling and extraction); 45 See Trade Preferences Extension Act of 2015, http://enforcement.trade.gov/tlei/notices/factual_ • Military Specification (MIL) MIL–C– Public Law 114–27, 129 Stat. 362 (2015). info_final_rule_FAQ_07172013.pdf. 4109F and MIL–F–3541; and

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• International Organization for Petition was accompanied by from India. For a full description of the Standardization (ISO) ISO6150–B. antidumping duty (AD) petitions scope of this investigation, see the To be excluded from the scope, products concerning imports of forged steel Appendix to this notice. must have the appropriate standard or fittings from India and the Republic of Comments on the Scope of the pressure markings and/or be accompanied by Korea (Korea).2 documentation showing product compliance On October 28, 2019, Commerce Investigation to the applicable standard or pressure, e.g., During our review of the Petition, we ‘‘API 5CT’’ mark and/or a mill certification requested further information pertaining report. to certain aspects of the Petition in contacted the petitioners regarding the Subject carbon and alloy forged steel supplemental questionnaires.3 The proposed scope to ensure that the scope fittings are normally entered under petitioners filed responses to the language in the Petition is an accurate Harmonized Tariff Schedule of the United supplemental questionnaires on October reflection of the products for which the States (HTSUS) 7307.92.3010, 7307.92.3030, 30, 2019.4 domestic industry is seeking relief.7 As 7307.92.9000, 7307.99.1000, 7307.99.3000, In accordance with section 702(b)(1) a result, the scope of the Petition was 7307.99.5045, and 7307.99.5060. They may of the Tariff Act of 1930, as amended modified to clarify the description of the also be entered under HTSUS 7307.93.3010, (the Act), the petitioner alleges that the merchandise covered by the Petition. 7307.93.3040, 7307.93.6000, 7307.93.9010, Government of India (GOI) is providing The description of the merchandise 7307.93.9040, 7307.93.9060, and covered by this investigation, as 7326.19.0010. countervailable subsidies, within the The HTSUS subheadings and meaning of sections 701 and 771(5) of described in the Appendix to this specifications are provided for convenience the Act, to producers of forged steel notice, reflects these clarifications. and customs purposes; the written fittings in India, and that imports of As discussed in the Preamble to description of the scope is dispositive. such products are materially injuring, or Commerce’s regulations, we are setting [FR Doc. 2019–25043 Filed 11–20–19; 8:45 am] threatening material injury to, the forged aside a period for interested parties to raise issues regarding product coverage BILLING CODE 3510–DS–P steel fittings industry in the United States. Consistent with section 702(b)(1) (scope).8 Commerce will consider all of the Act and 19 CFR 351.202(b), for comments received from interested DEPARTMENT OF COMMERCE those alleged programs on which we are parties and, if necessary, will consult initiating CVD investigation, the with interested parties prior to the International Trade Administration Petition is accompanied by information issuance of the preliminary determination. If scope comments [C–533–892] reasonably available to the petitioners supporting their allegations. include factual information,9 all such Forged Steel Fittings From India: Commerce finds that the petitioners factual information should be limited to Initiation of Countervailing Duty filed the Petition on behalf of the public information. To facilitate Investigation domestic industry, because the preparation of its questionnaires, petitioners are an interested party, as Commerce requests that all interested AGENCY: Enforcement and Compliance, defined in section 771(9)(C) of the Act. parties submit such comments by 5:00 International Trade Administration, Commerce also finds that the petitioners p.m. Eastern Time (ET) on December 2, Department of Commerce. demonstrated sufficient industry 2019, which is 20 calendar days from DATES: Applicable November 12, 2019. support necessary for the initiation of the signature date of this notice. Any FOR FURTHER INFORMATION CONTACT: the requested CVD investigation.5 rebuttal comments, which may include factual information, must be filed by Lauren Caserta, AD/CVD Operations, Period of Investigation Office VII, Enforcement and 5:00 p.m. ET on December 12, 2019, Compliance, International Trade Because the Petition was filed on which is 10 calendar days from the Administration, U.S. Department of October 23, 2019, the period of initial comments deadline.10 Commerce, 1401 Constitution Avenue investigation (POI) is January 1, 2018 Commerce requests that any factual 6 NW, Washington, DC 20230; telephone: through December 31, 2018. information parties consider relevant to the scope of the investigation be (202) 482–4737. Scope of the Investigation submitted during this period. However, SUPPLEMENTARY INFORMATION: The products covered by this if a party subsequently finds that The Petition investigation are forged steel fittings additional factual information pertaining to the scope of the On October 23, 2019, the U.S. Republic of Korea,’’ dated October 23, 2019 (the Department of Commerce (Commerce) investigation may be relevant, the party Petition). may contact Commerce and request received a countervailing duty (CVD) 2 Id. petition concerning imports of forged 3 See Commerce’s Letters, ‘‘Petition for the permission to submit the additional steel fittings from India, filed in proper Imposition of Countervailing Duties on Imports of information. All such submissions must form on behalf of Bonney Forge Certain Forged Steel Fittings from India: be filed on the records of the concurrent Supplemental Questions,’’ dated October 28, 2019; AD and CVD investigations. Corporation, a domestic producer of and ‘‘Petitions for the Imposition of Antidumping forged steel fittings, and the United and Countervailing Duties on Imports of Forged Filing Requirements Steel Fittings from India and the Republic of Korea Steel, Paper and Forestry, Rubber, All submissions to Commerce must be Manufacturing, Energy, Allied and Countervailing Duties on Imports of Forged Steel Fittings from India: Supplemental Questions,’’ filed electronically via Enforcement and Industrial and Service Workers dated October 28, 2019. Compliance’s Antidumping Duty and International Union (USW), a certified 4 See Petitioners’ Letters, ‘‘Forged Steel Fittings Countervailing Duty Centralized labor union whose members include from India: Response to Supplemental workers at the facilities in which the Questionnaire,’’ dated October 30, 2019; and ‘‘Forged Steel Fittings from India and the Republic 7 See General Issues Supplemental. domestic like product is produced of Korea: Response to General Issues 8 See Antidumping Duties; Countervailing Duties; (collectively, the petitioners).1 The Questionnaire,’’ dated October 30, 2019 (General Final Rule, 62 FR 27296, 27323 (May 19, 1997) Issues Supplement). (Preamble). 1 See Petitioners’ Letter, ‘‘Petition for the 5 See the ‘‘Determination of Industry Support for 9 See 19 CFR 351.102(b)(21) (defining ‘‘factual Imposition of Antidumping and Countervailing the Petition’’ section, infra. information’’). Duties: Forged Steel Fittings from India and the 6 See 19 CFR 351.204(b)(2). 10 See 19 CFR 351.303(b).

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Electronic Service System (ACCESS).11 (A); or (ii) determine industry support In determining whether the An electronically filed document must using a statistically valid sampling petitioners have standing under section be received successfully in its entirety method to poll the ‘‘industry.’’ 702(c)(4)(A) of the Act, we considered by the time and date it is due. Section 771(4)(A) of the Act defines the industry support data contained in Documents exempted from the the ‘‘industry’’ as the producers, as a the Petition with reference to the electronic submission requirements whole, of a domestic like product. Thus, domestic like product as defined in the must be filed manually (i.e., in paper to determine whether a petition has the ‘‘Scope of the Investigation,’’ in the form) with Enforcement and requisite industry support, the statute Appendix to this notice. To establish Compliance’s APO/Dockets Unit, Room directs Commerce to look to producers industry support, the petitioners 18022, U.S. Department of Commerce, and workers who produce the domestic provided their own production of the 1401 Constitution Avenue NW, like product. The International Trade domestic like product in 2018, as well Washington, DC 20230, and stamped Commission (ITC), which is responsible as the 2018 production of Capitol with the date and time of receipt by the for determining whether ‘‘the domestic Manufacturing Company LLC (Capitol applicable deadlines. industry’’ has been injured, must also Manufacturing), a U.S. producer of determine what constitutes a domestic Consultations forged steel fittings that supports the like product in order to define the Petition.18 The petitioners compared the Pursuant to sections 702(b)(4)(A)(i) industry. While both Commerce and the production of the supporters of the and (ii) of the Act, Commerce notified ITC must apply the same statutory Petition to the estimated total representatives of the GOI of the receipt definition regarding the domestic like production of the domestic like product of the Petition and provided them the product,14 they do so for different for the entire domestic industry.19 We opportunity for consultations with purposes and pursuant to a separate and relied on data provided by the 12 respect to the Petition. Consultations distinct authority. In addition, petitioners for purposes of measuring were held with the GOI on November 7, Commerce’s determination is subject to industry support.20 2019.13 limitations of time and information. Our review of the data provided in the Although this may result in different Determination of Industry Support for Petition, the General Issues Supplement, definitions of the like product, such the Petition and other information readily available differences do not render the decision of to Commerce indicates that the Section 702(b)(1) of the Act requires either agency contrary to law.15 that a petition be filed on behalf of the Section 771(10) of the Act defines the petitioners have established industry 21 domestic industry. Section 702(c)(4)(A) domestic like product as ‘‘a product support for the Petition. First, the of the Act provides that a petition meets which is like, or in the absence of like, Petition established support from this requirement if the domestic most similar in characteristics and uses domestic producers (or workers) producers or workers who support the with, the article subject to an accounting for more than 50 percent of petition account for: (i) At least 25 investigation under this title.’’ Thus, the the total production of the domestic like percent of the total production of the reference point from which the product and, as such, Commerce is not domestic like product; and (ii) more domestic like product analysis begins is required to take further action in order than 50 percent of the production of the ‘‘the article subject to an investigation’’ to evaluate industry support (e.g., 22 domestic like product produced by that (i.e., the class or kind of merchandise to polling). Second, the domestic portion of the industry expressing be investigated, which normally will be producers (or workers) have met the support for, or opposition to, the the scope as defined in the petition). statutory criteria for industry support petition. Moreover, section 702(c)(4)(D) With regard to the domestic like under section 702(c)(4)(A)(i) of the Act of the Act provides that, if the petition product, the petitioners do not offer a because the domestic producers (or does not establish support of domestic definition of the domestic like product workers) who support the Petition producers or workers accounting for distinct from the scope of the account for at least 25 percent of the more than 50 percent of the total investigation.16 Based on our analysis of total production of the domestic like 23 production of the domestic like product, the information submitted on the product. Finally, the domestic Commerce shall: (i) Poll the industry or record, we have determined that forged producers (or workers) have met the rely on other information in order to steel fittings, as defined in the scope, statutory criteria for industry support determine if there is support for the constitute a single domestic like under section 702(c)(4)(A)(ii) of the Act petition, as required by subparagraph product, and we have analyzed industry because the domestic producers (or support in terms of that domestic like workers) who support the Petition 11 See Antidumping and Countervailing Duty product.17 account for more than 50 percent of the Proceedings: Electronic Filing Procedures; production of the domestic like product Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 14 See section 771(10) of the Act. produced by that portion of the industry Compliance: Change of Electronic Filing System 15 See USEC, Inc. v. United States, 132 F. Supp. expressing support for, or opposition to, Name, 79 FR 69046 (November 20, 2014) for details 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. of Commerce’s electronic filing requirements, v. United States, 688 F. Supp. 639, 644 (CIT 1988), Records Unit, Room B8024 of the main Commerce which went into effect on August 5, 2011. aff’d 865 F.2d 240 (Fed. Cir. 1989)). building. Information on help using ACCESS can be found at 16 See Volume I of the Petition at 12–14; see also 18 See Volume I of the Petition at 4 and Exhibits https://access.trade.gov/help.aspx, and a handbook General Issues Supplement at 6. I–3 and I–4. can be found at https://access.trade.gov/help/ 17 For a discussion of the domestic like product 19 Id. at 4–5 and Exhibits I–3 and I–4; see also Handbook%20on%20Electronic%20Filling%20 analysis as applied to this case and information General Issues Supplement at 6–8 and Exhibit 12. Procedures.pdf. regarding industry support, see Countervailing Duty 20 12 See Memorandum, ‘‘Countervailing Duty Investigation Initiation Checklist: Forged Steel See Volume I of the Petition at 4–5 and Exhibits Petition on Forged Steel Fittings from India: Fittings from India (India CVD Initiation Checklist), I–3 and I–4; see also General Issues Supplement at Invitation for Consultations to Discuss the at Attachment II, Analysis of Industry Support for 6–8 and Exhibit 12. For further discussion, see Countervailing Duty Petition,’’ dated October 24, the Antidumping and Countervailing Duty Petition India CVD Initiation Checklist at Attachment II. 2019. Covering Forged Steel Fittings from India and the 21 See India CVD Initiation Checklist at 13 See Memorandum, ‘‘Consultations with Republic of Korea (Attachment II). This checklist is Attachment II. Government of India Officials regarding the dated concurrently with this notice and on file 22 Id.; see also section 702(c)(4)(D) of the Act. Countervailing Duty Petition on Forged Steel electronically via ACCESS. Access to documents 23 See India CVD Initiation Checklist at Fittings from India,’’ dated November 8, 2019. filed via ACCESS is also available in the Central Attachment II.

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the Petition.24 Accordingly, Commerce Initiation of CVD Investigation may be found on the Commerce’s determines that the Petition was filed on Based on the examination of the website at http://enforcement.trade.gov/ behalf of the domestic industry, within Petition and supplemental response, we apo. the meaning of section 702(b)(1) of the find that they meet the requirements of Comments must be filed Act. section 702 of the Act. Therefore, we are electronically using ACCESS. An electronically filed document must be Injury Test initiating a CVD investigation to determine whether imports of forged received successfully, in its entirety, by Because India is a ‘‘Subsidies steel fittings from India benefit from ACCESS no later than 5:00 p.m. ET on Agreement Country’’ within the countervailable subsidies conferred by the date noted above. We intend to meaning of section 701(b) of the Act, the GOI. In accordance with section finalize our decisions regarding section 701(a)(2) of the Act applies to 703(b)(1) of the Act and 19 CFR respondent selection within 20 days of this investigation. Accordingly, the ITC 351.205(b)(1), unless postponed, we will publication of this notice. must determine whether imports of the make our preliminary determination no Distribution of Copies of the Petition subject merchandise from India later than 65 days after the date of this materially injure, or threaten material initiation. In accordance with section injury to, a U.S. industry. Based on our review of the Petition, 702(b)(4)(A)(i) of the Act and 19 CFR we find that there is sufficient 351.202(f), copies of the public version Allegations and Evidence of Material of the Petition have been provided to Injury and Causation information to initiate a CVD investigation on 36 of the 45 alleged the GOI and the Government of Korea The petitioners allege that imports of programs. For a full discussion of the via ACCESS. To the extent practicable, the subject merchandise are benefitting basis for our decision to initiate (or not we will attempt to provide a copy of the from countervailable subsidies and that initiate) on each program, see CVD public version of the Petition to each such imports are causing, or threaten to Initiation Checklist. A public version of exporter named in the Petition, as cause, material injury to the U.S. the initiation checklist for this provided under 19 CFR 351.203(c)(2). industry producing the domestic like investigation is available on ACCESS. ITC Notification product. In addition, the petitioners allege that subject imports exceed the Respondent Selection We will notify the ITC of our negligibility threshold provided for In the Petition, the petitioner named initiation, as required by section 702(d) under section 771(24)(A) of the Act.25 12 companies in India as producers/ of the Act. Further, section 771(24)(B) of the Act exporters of forged steel fittings.29 Preliminary Determination by the ITC provides that imports of subject Commerce intends to follow its standard merchandise from developing and least practice in CVD investigations and The ITC will preliminarily determine, developed countries must exceed the calculate company-specific subsidy within 45 days after the date on which negligibility threshold of four percent. rates in this investigation. In the event the Petition was filed, whether there is The petitioners also demonstrate that Commerce determines that the number a reasonable indication that imports of subject imports from India, which has of companies is large, and it cannot forged steel fittings from India are been designated as a least developed materially injuring, or threatening individually examine each company 31 country under section 771(36)(B) of the based upon Commerce’s resources, material injury to, a U.S. industry. A Act, exceed the negligibility threshold where appropriate, Commerce intends negative ITC determination will result of four percent.26 in the investigation being terminated to select mandatory respondents based 32 The petitioners contend that the on U.S. Customs and Border Protection with respect to that country. industry’s injured condition is (CBP) data for U.S. imports of forged Otherwise, this CVD investigation will illustrated by a significant and steel fittings from India during the POI proceed according to statutory and increasing volume of subject imports; under the appropriate Harmonized regulatory time limits. reduced market share; underselling and Tariff Schedule of the United States Submission of Factual Information price depression or suppression; and numbers listed in the ‘‘Scope of the Factual information is defined in 19 declines in the domestic industry’s Investigation,’’ in the Appendix. CFR 351.102(b)(21) as: (i) Evidence production, capacity utilization, U.S. On November 7, 2019, Commerce submitted in response to questionnaires; shipments, and financial performance.27 released CBP data under Administrative (ii) evidence submitted in support of Protective Order (APO) to all parties We have assessed the allegations and allegations; (iii) publicly available with access to information protected by supporting evidence regarding material information to value factors under 19 APO and indicated that interested injury, threat of material injury, CFR 351.408(c) or to measure the parties wishing to comment regarding causation, as well as cumulation, and adequacy of remuneration under 19 CFR the CBP data and respondent selection we have determined that these 351.511(a)(2); (iv) evidence placed on must do so within three business days allegations are properly supported by the record by Commerce; and (v) of the publication date of the notice of adequate evidence, and meet the evidence other than factual information 28 initiation of this CVD investigation.30 statutory requirements for initiation. described in (i)–(iv). Section 19 CFR Commerce will not accept rebuttal 351.301(b) requires any party, when 24 comments regarding the CBP data or Id. submitting factual information, to 25 See Volume I of the Petition at 22 and Exhibit respondent selection. I–15. Interested parties must submit specify under which subsection of 19 26 Id. applications for disclosure under APO CFR 351.102(b)(21) the information is 27 Id. at 16–35 and Exhibits I–1, I–14, I–15 and in accordance with 19 CFR 351.305(b). being submitted and, if the information I–17 through I–20. Instructions for filing such applications is submitted to rebut, clarify, or correct 28 See India CVD Initiation Checklist at factual information already on the Attachment III, Analysis of Allegations and record, to provide an explanation Evidence of Material Injury and Causation for the 29 See Volume I of the Petition at Exhibit I–13. Antidumping and Countervailing Duty Petitions 30 See Memorandum, ‘‘Forged Steel Fittings from Covering Forged Steel Fittings from India and the India; Release of Customs Data from U.S. Customs 31 See section 703(a)(2) of the Act. Republic of Korea. and Border Protection,’’ dated November 7, 2019. 32 See section 703(a)(1) of the Act.

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identifying the information already on Notification to Interested Parties B16.11, MSS SP–79, MSS SP–83, MSS SP– 97, ASTM A105, ASTM A350 and ASTM the record that the factual information Interested parties must submit A182: seeks to rebut, clarify, or correct. Time applications for disclosure under APO • American Petroleum Institute (API) 5CT, limits for the submission of factual in accordance with 19 CFR 351.305. On information are addressed in 19 CFR API 5L, or API 11B; January 22, 2008, Commerce published • American Society of Mechanical 351.301, which provides specific time Antidumping and Countervailing Duty limits based on the type of factual Engineers (ASME) B16.9; Proceedings: Documents Submission • Manufacturers Standardization Society information being submitted. Interested Procedures; APO Procedures, 73 FR parties should review the regulations (MSS) SP–75; 3634 (January 22, 2008). Parties wishing • Society of Automotive Engineering (SAE) prior to submitting factual information to participate in this investigation in this investigation. J476, SAE J514, SAE J516, SAE J517, SAE should ensure that they meet the J518, SAE J1026, SAE J1231, SAE J1453, SAE Extensions of Time Limits requirements of these procedures (e.g., J1926, J2044 or SAE AS 35411; the filing of letters of appearance as • Hydraulic hose fittings (e.g., fittings used Parties may request an extension of discussed at 19 CFR 351.103(d)). in high pressure water cleaning applications, time limits before the expiration of a This notice is issued and published in the manufacture of hydraulic engines, to time limit established under 19 CFR pursuant to sections 702(c)(2) and 777(i) connect rubber dispensing hoses to a 351.301, or as otherwise specified by the of the Act and 19 CFR 351.203(c). dispensing nozzle or grease fitting) made to Secretary. In general, an extension Dated: November 12, 2019. ISO 12151–1, 12151–2, 12151–3, 12151–4, request will be considered untimely if it Jeffrey I. Kessler, 12151–5, or 12151–6; is filed after the expiration of the time • Underwriter’s Laboratories (UL) certified limit established under 19 CFR 351.301. Assistant Secretary for Enforcement and Compliance. electrical conduit fittings; For submissions that are due from • ASTM A153, A536, A576, or A865; multiple parties simultaneously, an Appendix • Casing conductor connectors made to extension request will be considered Scope of the Investigation proprietary specifications; untimely if it is filed after 10:00 a.m. ET • Machined steel parts (e.g., couplers) that The merchandise covered by this on the due date. Under certain are not certified to any specifications in this circumstances, we may elect to specify investigation is carbon and alloy forged steel fittings, whether unfinished (commonly scope description and that are not for a different time limit by which known as blanks or rough forgings) or connecting steel pipes for distributing gas extension requests will be considered finished. Such fittings are made in a variety and liquids; untimely for submissions which are due of shapes including, but not limited to, • Oil country tubular goods (OCTG) from multiple parties simultaneously. In elbows, tees, crosses, laterals, couplings, connectors (e.g., forged steel tubular such a case, we will inform parties in reducers, caps, plugs, bushings, unions, and connectors for API 5L pipes or OCTG for the letter or memorandum setting forth outlets. Forged steel fittings are covered offshore oil and gas drilling and extraction); the deadline (including a specified time) regardless of end finish, whether threaded, • Military Specification (MIL) MIL–C– by which extension requests must be socket-weld or other end connections. The 4109F and MIL–F–3541; and filed to be considered timely. An scope includes integrally reinforced forged • International Organization for branch outlet fittings, regardless of whether Standardization (ISO) ISO6150–B. extension request must be made in a they have one or more ends that is a socket separate, stand-alone submission; under welding, threaded, butt welding end, or other To be excluded from the scope, products limited circumstances we will grant end connections. must have the appropriate standard or untimely-filed requests for the extension While these fittings are generally pressure markings and/or be accompanied by of time limits. Parties should review manufactured to specifications ASME documentation showing product compliance Extension of Time Limits; Final Rule, 78 B16.11, MSS SP–79, MSS SP–83, MSS–SP– to the applicable standard or pressure, e.g., FR 57790 (September 20, 2013), 97, ASTM A105, ASTM A350 and ASTM ‘‘API 5CT’’ mark and/or a mill certification available at https://www.govinfo.gov/ A182, the scope is not limited to fittings report. content/pkg/FR-2013-09-20/html/2013- made to these specifications. Subject carbon and alloy forged steel The term forged is an industry term used 22853.htm, prior to submitting factual fittings are normally entered under to describe a class of products included in Harmonized Tariff Schedule of the United information in this investigation. applicable standards, and it does not States (HTSUS) 7307.92.3010, 7307.92.3030, Certification Requirements reference an exclusive manufacturing process. Forged steel fittings are not 7307.92.9000, 7307.99.1000, 7307.99.3000, 7307.99.5045, and 7307.99.5060. They may Any party submitting factual manufactured from casings. Pursuant to the also be entered under HTSUS 7307.93.3010, information in an AD or CVD applicable standards, fittings may also be 7307.93.3040, 7307.93.6000, 7307.93.9010, proceeding must certify to the accuracy machined from bar stock or machined from 33 seamless pipe and tube. 7307.93.9040, 7307.93.9060, and and completeness of that information. All types of forged steel fittings are 7326.19.0010. Parties must use the certification included in the scope regardless of nominal The HTSUS subheadings and formats provided in 19 CFR pipe size (which may or may not be specifications are provided for convenience 34 351.303(g). Commerce intends to expressed in inches of nominal pipe size), and customs purposes; the written reject factual submissions if the pressure class rating (expressed in pounds of description of the scope is dispositive. submitting party does not comply with pressure, e.g., 2,000 or 2M; 3,000 or 3M; the applicable certification 6,000 or 6M; 9,000 or 9M), wall thickness, [FR Doc. 2019–25044 Filed 11–20–19; 8:45 am] requirements. and whether or not heat treated. BILLING CODE 3510–DS–P Excluded from this scope are all fittings entirely made of stainless steel. Also 33 See section 782(b) of the Act. excluded are flanges, nipples, and all fittings 34 See Certification of Factual Information to that have a maximum pressure rating of 300 Import Administration During Antidumping and pounds per square inch/PSI or less. Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked Also excluded from the scope are fittings questions regarding the Final Rule, available at certified or made to the following standards, http://enforcement.trade.gov/tlei/notices/factual_ so long as the fittings are not also info_final_rule_FAQ_07172013.pdf. manufactured to the specifications of ASME

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DEPARTMENT OF COMMERCE are invited to comment on these Customs and Border Protection (CBP) preliminary results. shall assess, antidumping duties on all International Trade Administration appropriate entries covered by this Scope of the Order [A–201–848] review. If Negromex’s weighted-average The product covered by this dumping margin is not zero or de Emulsion Styrene-Butadiene Rubber administrative review is ESB rubber minimis (i.e., less than 0.5 percent) in From Mexico: Preliminary Results of from Mexico. For a full description of the final results of this review, we will Antidumping Duty Administrative the scope, see the Preliminary Decision calculate an importer-specific ad 5 Review; 2017–2018 Memorandum. valorem assessment rate based on the Methodology ratio of the total amount of dumping AGENCY: Enforcement and Compliance, calculated for each importer’s examined International Trade Administration, Commerce is conducting this review sales and the total entered value of the Department of Commerce. in accordance with section 751 of the sales in accordance with 19 CFR SUMMARY: The Department of Commerce Tariff Act of 1930, as amended (the Act). 351.212(b)(1).6 We will instruct CBP to (Commerce) preliminarily determines Export price and constructed export assess antidumping duties on all that emulsion styrene-butadiene rubber price are calculated in accordance with appropriate entries covered by this (ESB rubber) from Mexico is being sold section 772 of the Act. Normal value is review when the importer-specific at less than normal value during the calculated in accordance with section assessment rate calculated in the final period of review (POR) February 24, 773 of the Act. For a full description of results of this review is not zero or de 2017 through August 31, 2018. the methodology underlying our minimis. If Negromex’s weighted- Interested parties are invited to conclusions, see the Preliminary average dumping margin or an importer- comment on these preliminary results. Decision Memorandum. A list of the specific assessment rate is zero or de topics included in the Preliminary DATES: Applicable November 21, 2019. minimis in the final results of review, Decision Memorandum is included as FOR FURTHER INFORMATION CONTACT: we will instruct CBP to liquidate the an appendix to this notice. appropriate entries without regard to Javier Barrientos, AD/CVD Operations, The Preliminary Decision Office V, Enforcement and Compliance, antidumping duties. The final results of Memorandum is a public document and this administrative review shall be the International Trade Administration, is made available via Enforcement and U.S. Department of Commerce, 1401 basis for the assessment of antidumping Compliance’s Antidumping and duties on entries of merchandise under Constitution Avenue NW, Washington, Countervailing Duty Centralized DC 20230; telephone: (202) 482–2243. review and for future deposits of Electronic Service System (ACCESS). estimated duties, where applicable. SUPPLEMENTARY INFORMATION: ACCESS is available to registered users In accordance with our practice, for at https://access.trade.gov, and is Background entries of subject merchandise during available to all parties in the Central the POR produced by Negromex for On November 15, 2018, Commerce Records Unit, Room B8024 of the main which the company did not know that initiated the antidumping duty Commerce building. In addition, a the merchandise was destined for the administrative review on ESB rubber complete version of the Preliminary 1 United States, we will instruct CBP to from Mexico. The review covers one Decision Memorandum is available at liquidate those entries at the all-others producer/exporter of the subject http://enforcement.trade.gov/frn/. The rate if there is no rate for the merchandise, Industrias Negromex S.A. signed Preliminary Decision intermediate company(ies) involved in Memorandum and the electronic de C.V. (Negromex). Commerce the transaction. We intend to issue versions of the Preliminary Decision exercised its discretion to toll all liquidation instructions to CBP 15 days Memorandum are identical in content. deadlines affected by the partial federal after publication of the final results of government closure from December 22, Preliminary Results of Review this review. 2018, through the resumption of operations on January 29, 2019.2 As a We preliminarily determine that the Cash Deposit Requirements following weighted-average dumping result, the revised deadline for the The following cash deposit margins exists for the period February preliminary results of this requirements for estimated antidumping 24, 2017 through August 31, 2018: administrative review became July 12, duties will be effective upon publication 2019. On June 21, 2019, we extended Weighted- of the notice of final results of this the preliminary results until September average review for all shipments of ESB rubber 10, 2019.3 On August 30, 2019, we Exporter/producer dumping from Mexico entered, or withdrawn extended the preliminary results until margin from warehouse, for consumption on or 4 (percent) November 12, 2019. Interested parties after the date of publication as provided Industrias Negromex S.A. de by section 751(a)(2)(C) of the Act: (1) 1 See Initiation of Antidumping and The cash deposit rate for companies Countervailing Duty Administrative Reviews, 83 FR C.V ...... 2.61 57411 (November 15, 2018). subject to this review will be equal to 2 See Memorandum, ‘‘Deadlines Affected by the Assessment Rate the weighted-average dumping margins Partial Shutdown of the Federal Government,’’ established in the final results of the Upon issuance of the final results, dated January 28, 2019. All deadlines in this review; (2) for merchandise exported by segment of the proceeding have been extended by Commerce shall determine, and U.S. 40 days. companies not covered in this review 3 but covered in a prior segment of this See Memorandum, ‘‘Antidumping Duty Deadline for Preliminary Results of Antidumping Administrative Review of Emulsion Styrene- Duty Administrative Review,’’ dated November 12, Butadiene Rubber from Mexico: Extension of 2019 6 In these preliminary results, Commerce applied Deadline for Preliminary Results of Antidumping 5 See Memorandum, ‘‘Decision Memorandum for the assessment rate calculation method adopted in Duty Administrative Review,’’ dated August 30, the Preliminary Results of Antidumping Duty Antidumping Proceedings: Calculation of the 2019. Administrative Review: Emulsion Styrene- Weighted-Average Dumping Margin and 4 See Memorandum, ‘‘Antidumping Duty Butadiene Rubber from Mexico; 2017–2018,’’ dated Assessment Rate in Certain Antidumping Duty Administrative Review of Emulsion Styrene- concurrently with, and hereby adopted by, this Proceedings; Final Modification, 77 FR 8101 Butadiene Rubber from Mexico: 2nd Extension of notice (Preliminary Decision Memorandum). (February 14, 2012).

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proceeding, the cash deposit rate will Constitution Avenue NW, Washington, SUMMARY: The Board of Overseers of the continue to be the company-specific rate DC 20230, at a time and date to be Malcolm Baldrige National Quality published for the most recent period; (3) determined. Parties should confirm by Award (Board) will meet in open if the exporter is not a firm covered in telephone the date, time, and location of session on Tuesday, December 10, 2019. this review, a prior review, or the the hearing two days before the The purpose of this meeting is to review original investigation but the producer scheduled date. and discuss the work of the private is, the cash deposit rate will be the rate Unless otherwise extended, sector contractor, which assists the established for the most recently Commerce intends to issue the final Director of the National Institute of completed segment for the producer of results of this administrative review, Standards and Technology (NIST) in the merchandise; (4) the cash deposit including the results of its analysis of administering the Malcolm Baldrige rate for all other producers or exporters the issues raised in any written briefs, National Quality Award (Award), and will continue to be 19.52 percent, the not later than 120 days after the date of information received from NIST and all-others rate established in the less- publication of this notice, pursuant to from the Chair of the Judges Panel of the 7 than-fair-value investigation. These section 751(a)(3)(A) of the Act and 19 Malcolm Baldrige National Quality cash deposit requirements, when CFR 351.213(h)(1). Award in order to make such imposed, shall remain in effect until suggestions for the improvement of the further notice. Notification to Importers Award process as the Board deems Disclosure and Public Comment This notice serves as a preliminary necessary. Details on the agenda are noted in the SUPPLEMENTARY We intend to disclose the calculations reminder to importers of their responsibility under 19 CFR INFORMATION section of this notice. performed for these preliminary results DATES: The meeting will be held on to the interested parties within five days 351.402(f)(2) to file a certificate regarding the reimbursement of Tuesday, December 10, 2019, from 8:30 after public announcement of the a.m. Eastern time until 4:00 p.m. Eastern preliminary results in accordance with antidumping duties prior to liquidation of the relevant entries during this POR. time. The meeting will be open to the 19 CFR 351.224(b). Pursuant to 19 CFR public. 351.309(c), interested parties may Failure to comply with this requirement ADDRESSES: The meeting will be held at submit case briefs not later than 30 days could result in Commerce’s the National Institute of Standards and after the date of publication of this presumption that reimbursement of Technology, 100 Bureau Drive, Building notice. Rebuttal briefs, limited to issues antidumping duties occurred and the 101, Lecture Room D, Gaithersburg, raised in the case briefs, may be filed subsequent assessment of double Maryland 20899. Please note admittance not later than five days after the date for antidumping duties. instructions under the SUPPLEMENTARY filing case briefs.8 Parties who submit Notification to Interested Parties INFORMATION section of this notice. case briefs or rebuttal briefs in this proceeding are encouraged to submit Commerce is issuing and publishing FOR FURTHER INFORMATION CONTACT: with each argument: (1) A statement of these results in accordance with Robert Fangmeyer, Director, Baldrige the issue, (2) a brief summary of the sections 751(a)(1) and 777(i) of the Act Performance Excellence Program, argument, and (3) a table of authorities.9 and 19 CFR .351.221(b)(4). National Institute of Standards and Case and rebuttal briefs should be filed Dated: November 12, 2019. Technology, 100 Bureau Drive, Mail Stop 1020, Gaithersburg, Maryland using ACCESS. Jeffrey I. Kessler, Pursuant to 19 CFR 351.310(c), 20899–1020, telephone number (301) Assistant Secretary for Enforcement and 975–2361, or by email at interested parties who wish to request a Compliance. hearing, must submit a written request [email protected]. to the Assistant Secretary for Appendix—List of Topics Discussed in SUPPLEMENTARY INFORMATION: Enforcement and Compliance, filed the Preliminary Decision Memorandum Authority: 15 U.S.C. 3711a(d)(2)(B) electronically via ACCESS. An I. Summary and the Federal Advisory Committee electronically filed document must be II. Background Act, as amended, 5 U.S.C. App. received successfully in its entirety by III. Scope of the Order Pursuant to the Federal Advisory Commerce’s electronic records system, IV. Comparisons to Normal Value Committee Act, as amended, 5 U.S.C. ACCESS, by 5:00 p.m. Eastern Time V. Date of Sale App., notice is hereby given that the within 30 days after the date of VI. U.S. Price Board will meet in open session on VII. Normal Value publication of this notice.10 Requests Tuesday, December 10, 2019, from 8:30 VIII. Currency Conversion a.m. Eastern time until 4:00 p.m. Eastern should contain: (1) The party’s name, IX. Recommendation address and telephone number; (2) the time. The Board is currently composed [FR Doc. 2019–25262 Filed 11–20–19; 8:45 am] number of participants; and (3) a list of of eleven members selected for their issues to be discussed. Issues raised in BILLING CODE 3510–DS–P preeminence in the field of the hearing will be limited to those organizational performance excellence and appointed by the Secretary of raised in the respective case briefs. If a DEPARTMENT OF COMMERCE request for a hearing is made, Commerce Commerce. The Board consists of a balanced representation from U.S. intends to hold the hearing at the U.S. National Institute of Standards and service, manufacturing, small business, Department of Commerce, 1401 Technology nonprofit, education, and health care 7 See Certain Uncoated Paper from Australia, Board of Overseers of the Malcolm industries. The Board includes members Brazil, Indonesia, the People’s Republic of China, Baldrige National Quality Award familiar with the quality, performance and Portugal: Amended Final Affirmative improvement operations, and Antidumping Determinations for Brazil and AGENCY: competitiveness issues of manufacturing Indonesia and Antidumping Duty Orders, 81 FR National Institute of Standards 11173 (March 3, 2016). and Technology, Department of companies, service companies, small 8 See 19 CFR 351.309(d). Commerce. businesses, nonprofits, health care 9 providers, and educational institutions. See 19 CFR 351.309(c)(2) and (d)(2). ACTION: Notice of open meeting. 10 See 19 CFR 351.310(c). The purpose of this meeting is to review

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and discuss the work of the private submit additional information and Mail Stop 8615, Gaithersburg, Maryland sector contractor, which assists the should contact Ms. Verner for 20899–8604. Benjamin Davis’ email NIST Director in administering the instructions. Ms. Verner’s email address address is [email protected]; and Award, and information received from is [email protected] and her phone his phone number is (301) 975–6071. NIST and from the Chair of the Judges number is (301) 975–2361. Please note SUPPLEMENTARY INFORMATION: The Panel of the Malcolm Baldrige National that federal agencies, including NIST, Committee was established pursuant to Quality Award in order to make such can only accept a state-issued driver’s Section 11 of the NCST Act (Pub. L. suggestions for the improvement of the license or identification card for access 107–231, codified at 15 U.S.C. 7301 et Award process as the Board deems to federal facilities if such license or seq.). The Committee is currently necessary. The Board shall make an identification card is issued by a state composed of six members, appointed by annual report on the results of Award that is compliant with the REAL ID Act the Director of NIST, who were selected activities to the Director of NIST, along of 2005 (Pub. L. 109–13), or by a state on the basis of established records of with its recommendations for the that has an extension for REAL ID distinguished service in their improvement of the Award process. The compliance. NIST currently accepts professional community and their agenda will include: Report from the other forms of federal-issued knowledge of issues affecting the Judges Panel of the Malcolm Baldrige identification in lieu of a state-issued National Construction Safety Teams. National Quality Award, Baldrige driver’s license. For detailed The Committee advises the Director of Program Business Plan Status Report, information please contact Ms. Verner NIST on carrying out the NCST Act; Baldrige Foundation Fundraising or visit: http://www.nist.gov/public_ reviews the procedures developed for Update, Products and Services Update, affairs/visitor/. conducting investigations; and reviews and Recommendations for the NIST the reports issued documenting Director. The agenda may change to Kevin A. Kimball, Chief of Staff. investigations. Background information accommodate Board business. The final on the NCST Act and information on the agenda will be posted on the NIST [FR Doc. 2019–25184 Filed 11–20–19; 8:45 am] NCST Advisory Committee is available Baldrige Performance Excellence BILLING CODE 3510–13–P at https://www.nist.gov/topics/disaster- website at http://www.nist.gov/baldrige/ failure-studies/national-construction- community/overseers.cfm. The meeting safety-team-ncst/advisory-committee. will be open to the public. DEPARTMENT OF COMMERCE Pursuant to the Federal Advisory Individuals and representatives of organizations who would like to offer National Institute of Standards and Committee Act, as amended, 5 U.S.C. comments and suggestions related to the Technology App., notice is hereby given that the Board’s affairs are invited to request a NCST Advisory Committee will meet on place on the agenda. On December 10, National Construction Safety Team Monday, December 2, 2019, from 1:30 2019, approximately one-half hour will Advisory Committee Meeting p.m. until 5:30 p.m. Eastern Time. The meeting will be open to the public and be reserved in the afternoon for public AGENCY: National Institute of Standards will be held via teleconference. There comments, and speaking times will be and Technology, Department of assigned on a first-come, first-served will be no central meeting location. Commerce. Interested members of the public will be basis. The amount of time per speaker ACTION: Notice of open meeting. will be determined by the number of able to participate in the meeting from requests received, but is likely to be SUMMARY: The National Construction remote locations by calling into a about 3 minutes each. The exact time for Safety Team (NCST) Advisory central phone number. The primary public comments will be included in Committee (Committee) will hold an purpose of this meeting is to finalize the the final agenda that will be posted on open meeting via teleconference on Committee’s annual report due to the Baldrige website at http:// Monday, December 2, 2019, from 1:30 Congress. The agenda may change to www.nist.gov/baldrige/community/ p.m. to 5:30 p.m. Eastern Time. The accommodate Committee business. The overseers.cfm. Questions from the primary purpose of this meeting is to final agenda will be posted on the NIST public will not be considered during finalize the Committee’s annual report website at https://www.nist.gov/topics/ this period. Speakers who wish to to Congress. The agenda may change to disaster-failure-studies/national- expand upon their oral statements, accommodate Committee business. The construction-safety-team-ncst/advisory- those who had wished to speak, but final agenda will be posted on the NIST committee-meetings. could not be accommodated on the website at https://www.nist.gov/topics/ Individuals and representatives of agenda, and those who were unable to disaster-failure-studies/national- organizations who would like to offer attend in person are invited to submit construction-safety-team-ncst/advisory- comments and suggestions related to written statements to the Baldrige committee. items on the Committee’s agenda for Performance Excellence Program, NIST, this meeting are invited to request a DATES: The NCST Advisory Committee 100 Bureau Drive, Mail Stop 1020, place on the agenda. Public comments Gaithersburg, Maryland, 20899–1020, will meet on Monday, December 2, can be provided via email or by via fax at 301–975–4967 or 2019, from 1:30 p.m. until 5:30 p.m. teleconference attendance. electronically by email to robyn.verner@ Eastern Time. Approximately fifteen minutes will be nist.gov. ADDRESSES: The meeting will be held reserved for public comments; speaking All visitors to the National Institute of via teleconference. For instructions on times will be assigned on a first-come, Standards and Technology site must how to participate in the meeting, first-served basis. The amount of time pre-register to be admitted. Please please see the SUPPLEMENTARY per speaker will be determined by the submit your name, time of arrival, email INFORMATION section of this notice. number of requests received. Questions address and phone number to Robyn FOR FURTHER INFORMATION CONTACT: from the public will not be considered Verner no later than 8:00 a.m. Eastern Benjamin Davis, Management and during this period. All those wishing to Time, Tuesday, December 10, 2019 and Program Analyst, Disaster and Failure speak must submit their request by she will provide you with instructions Studies Program, Engineering email to the attention of Benjamin Davis for admittance. Non-U.S. citizens must Laboratory, NIST, 100 Bureau Drive, at [email protected], by 5:00

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p.m. Eastern Time, Monday, November allow MRIP to more effectively engage EFPs and related permits would 25, 2019. with its audiences by identifying key authorize collection of a limited number Speakers who wish to expand upon influencers and information pathways, of HMS, including tunas, swordfish, their oral statements, those who wish to and identifying the areas of greatest billfishes, and sharks, from Federal speak but cannot be accommodated on need and greatest opportunity for waters in the Atlantic Ocean, Caribbean the agenda, and those who are unable to relationship-building. Data gathered Sea, and Gulf of Mexico for the attend are invited to submit written will include angler use of and trust in purposes of scientific research, data statements to the NCST, National different sources and channels of collection, the investigation of bycatch, Institute of Standards and Technology, fisheries management information. and public display, among other things. 100 Bureau Drive, MS 8604, These data will be used to identify key LOAs acknowledge that scientific Gaithersburg, Maryland 20899–8604, or information sources for recreational research activity aboard a scientific electronically by email to anglers, evaluate regional differences in research vessel is being conducted. [email protected]. information sources, and evaluate Generally, EFPs and related permits Anyone wishing to attend this recreational angler confidence in would be valid from the date of issuance meeting via teleconference must register management and data collection efforts. through December 31, 2020, unless by 5:00 p.m. Eastern Time, Monday, The information obtained will allow otherwise specified, subject to the terms November 25, 2019, to attend. Please MRIP to more effectively communicate and conditions of individual permits. submit your full name, email address, with recreational anglers on data This notice also schedules a public and phone number to Benjamin Davis at collection issues by focusing webinar/conference call for applicants, [email protected]; his phone communications efforts on important during which NMFS will provide a number is (301) 975–6071. network channels. general overview of the EFP program Affected Public: Individuals or and hold a question and answer session. Kevin A. Kimball, Households. DATES: Written comments received in Chief of Staff. Frequency: One-time reporting. response to this notice will be [FR Doc. 2019–25183 Filed 11–20–19; 8:45 am] Respondent’s Obligation: Voluntary. considered by NMFS when issuing EFPs BILLING CODE 3510–13–P This information collection request and related permits and must be may be viewed at reginfo.gov. Follow received on or before December 23, the instructions to view Department of 2019. DEPARTMENT OF COMMERCE Commerce collections currently under ADDRESSES: Comments may be review by OMB. National Oceanic and Atmospheric Written comments and submitted by any of the following Administration recommendations for the proposed methods: • Electronic Submission: Submit all information collection should be sent Submission for OMB Review; electronic public comments via the within 30 days of publication of this Comment Request Federal e-Rulemaking Portal. Go to notice to OIRA_Submission@ www.regulations.gov/ omb.eop.gov or fax to (202) 395–5806. The Department of Commerce will #!docketDetail;D=NOAA-NMFS-2019- submit to the Office of Management and Sheleen Dumas, 0132, click the ‘‘Comment Now’’ icon, Budget (OMB) for clearance the Departmental Lead PRA Officer, Office of the complete the required fields, and enter following proposal for collection of Chief Information Officer, Commerce or attach your comments. information under the provisions of the Department. • Mail: Craig Cockrell, Highly Paperwork Reduction Act (44 U.S.C. [FR Doc. 2019–25232 Filed 11–20–19; 8:45 am] Migratory Species Management Division Chapter 35). BILLING CODE 3510–22–P (F/SF1), NMFS, 1315 East-West Agency: National Oceanic and Highway, Silver Spring, MD 20910. Atmospheric Administration (NOAA). FOR FURTHER INFORMATION CONTACT: Title: Marine Recreational Information DEPARTMENT OF COMMERCE Craig Cockrell, phone: (301) 427–8503. Program Social Network Analysis In- SUPPLEMENTARY INFORMATION: Issuance Person Survey. National Oceanic and Atmospheric of EFPs and related permits are OMB Control Number: 0648–xxxx. Administration Form Number(s): None. necessary because HMS regulations Type of Request: Regular (new [RTID 0648–XT025] (e.g., regarding fishing seasons, collection). prohibited species, authorized gear, Atlantic Highly Migratory Species; Number of Respondents: 180. closed areas, and minimum sizes) may Average Hours per Response: 0.5. Exempted Fishing, Scientific Research, otherwise prohibit the collection of live Burden Hours: 90. Display, and Shark Research Fishery animals and/or biological samples for Needs and Uses: NOAA Fisheries Permits; Letters of Acknowledgment data collection and public display needs to educate and inform anglers AGENCY: National Marine Fisheries purposes or may otherwise prohibit about Marine Recreational Information Service (NMFS), National Oceanic and certain fishing activity that NMFS has Programs (MRIP) generally, and the Atmospheric Administration (NOAA), an interest in permitting or agency is looking to identify how and Commerce. acknowledging. Pursuant to 50 CFR where anglers get and share their ACTION: Notice of intent; request for parts 600 and 635, a NMFS Regional information to more effectively comments; public webinar. Administrator or Director may communicate with recreational anglers authorize, for limited testing, public on data collection issues by focusing SUMMARY: NMFS announces its intent to display, data collection, exploratory communications efforts on important issue exempted fishing permits (EFPs), fishing, compensation fishing, channels. In 2020, MRIP will conduct scientific research permits (SRPs), conservation engineering, health and the Social Network Analysis In-Person display permits, letters of safety surveys, environmental cleanup, Survey, which is the follow up to the acknowledgment (LOAs), and shark and/or hazard removal purposes, the 2019 Social Network Analysis Mail research fishery permits for Atlantic target or incidental harvest of species Survey. The subsequent analysis will highly migratory species (HMS) in 2020. managed under an FMP or fishery

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regulations that would otherwise be Act. Examples of research that is particularly controversial. Should prohibited. These permits exempt acknowledged by LOAs include tagging NMFS receive such applications, NMFS permit holders from the specific and releasing sharks during bottom will provide additional opportunity for portions of the regulations that may longline surveys to understand the public comment, consistent with the otherwise prohibit the collection of distribution and seasonal abundance of regulations at 50 CFR 600.745. HMS for public education, public different shark species, and collecting On September 13, 2018, NMFS display, or scientific research. Permit and sampling sharks caught during received an application for an EFP holders are not exempted from the trawl surveys for life history and requesting an exemption from the regulations in their entirety. Collection bycatch studies. regulations that prohibit the retention of of HMS under EFPs, SRPs, display, and While scientific research is not bluefin tuna with unauthorized gear shark research fishery permits defined as ‘‘fishing’’ subject to the MSA, onboard. See 50 CFR 635.19(b). This represents a small portion of the overall scientific research is not exempt from application was submitted by the Cape fishing mortality for HMS, and this regulation under ATCA. Therefore, Cod Commercial Fishermen’s Alliance mortality is counted against the quota of NMFS issues SRPs that authorize (CCCFA). The applicants suggested that the species harvested, as appropriate researchers to collect HMS from bona with the use of electronic monitoring and applicable. The terms and fide research vessels for collection of (EM) and through issuance of an EFP, conditions of individual permits are species managed under this statute (e.g., there would be sufficient at-sea unique; however, all permits will tunas, swordfish, and billfish)). One monitoring to verify the catch of bluefin include reporting requirements, limit example of research conducted under tuna occurred with authorized gear (e.g., the number and/or species of HMS to be SRPs consists of scientific surveys of rod and reel and harpoon gear) and not collected, and only authorize collection tunas, swordfish, and billfish conducted on the unauthorized gear onboard the in Federal waters of the Atlantic Ocean, from NOAA research vessels. vessel (e.g., benthic longline, jigging Gulf of Mexico, and Caribbean Sea. EFPs are issued for activities machines, handgear, demersal gillnet, or conducted from commercial or otter trawl). An EFP was issued to the EFPs and related permits are issued recreational fishing vessels. Examples of CCCFA on June 12, 2019 that exempted under the authority of the Magnuson- activities conducted under EFPs include eight vessels from 50 CFR 635.19(b). Stevens Fishery Conservation and collection of young-of-year bluefin tuna Since issuance of the permit, 13 trips Management Reauthorization Act for genetic research; conducting billfish have been taken from May through (Magnuson-Stevens Act) (16 U.S.C. 1801 larval tows from private vessels to September in New England, four bluefin et seq.) and/or the Atlantic Tunas determine billfish habitat use, life tuna were retained, and one tuna was Convention Act (ATCA) (16 U.S.C. 971 history, and population structure, and lost at the boat. On two of the 13 trips, et seq.). Regulations at 50 CFR 600.745 tagging sharks caught on commercial or harpoon gear was used, but no fish were and 635.32 govern scientific research recreational fishing gear to determine harvested. There were a total of two activity, exempted fishing, and post-release mortality rates. sharks caught on rod and reel gear both exempted public display and NMFS is also seeking public comment of which were released alive. Comments educational activities with respect to on its intent to issue display permits for are invited specifically on these issues Atlantic HMS. Because the Magnuson- the collection of sharks and other HMS related to issuance of a similar permit to Stevens Act states that scientific for public display in 2020. Collection of the CCCFA this year. research activity which is conducted on sharks and other HMS sought for public In addition, Amendment 2 to the 2006 a scientific research vessel is not display in aquaria often involves Consolidated HMS Fishery Management fishing, NMFS issues LOAs and not collection when the commercial fishing Plan (FMP) implemented a shark EFPs for bona fide research activities seasons are closed, collection of research fishery. This research fishery is (e.g., scientific research being conducted otherwise prohibited species (e.g., sand conducted under the auspices of the from a research vessel and not a tiger sharks), and collection of fish exempted fishing permit program. Shark commercial or recreational fishing below the regulatory minimum size. research fishery permit holders assist vessel) involving species that are only Under Amendment 2 to the 2006 NMFS in collecting valuable shark life regulated under the Magnuson-Stevens Consolidated Atlantic HMS Fishery history and other scientific data Act (e.g., most species of sharks) and not Management Plan, NMFS determined required in shark stock assessments. under ATCA. NMFS generally does not that dusky sharks cannot be collected Since the shark research fishery was consider recreational or commercial for public display. established in 2008, the research fishery vessels to be bona fide research vessels. The majority of EFPs and related has allowed for: The collection of However, if the vessels have been permits described in this annual notice fishery dependent data for current and contracted only to conduct research and relate to scientific sampling and tagging future stock assessments; the operation not participate in any commercial or of Atlantic HMS within existing quotas of cooperative research to meet NMFS’ recreational fishing activities during and the impacts of the activities to be ongoing research objectives; the that research, NMFS may consider those conducted usually have been previously collection of updated life-history vessels as bona fide research platforms analyzed in various environmental information used in the sandbar shark while conducting the specified research. assessments and environmental impact (and other species) stock assessment; For example, in the past, NMFS has statements for Atlantic HMS the collection of data on habitat determined that commercial pelagic management. In most such cases, NMFS preferences that might help reduce longline vessels assisting with intends to issue these permits without fishery interactions through bycatch population surveys for sharks may be additional opportunity for public mitigation; the evaluation of the utility considered ‘‘bona fide research vessels’’ comment beyond what is provided in of the mid-Atlantic closed area on the while engaged only in the specified this notice. Occasionally, NMFS recovery of dusky sharks; the collection research. For such activities, NMFS receives applications for research of hook-timer and pop-up satellite reviews scientific research plans and activities that were not anticipated, or archival tag information to determine at- may issue an LOA acknowledging that for research that is outside the scope of vessel and post-release mortality of the proposed activity is scientific general scientific sampling and tagging dusky sharks; and the collection of research under the Magnuson-Stevens of Atlantic HMS, or rarely, for research sharks to update the weight conversion

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factor from dressed weight to whole fishery activities must stop within that collected in 2018, is summarized in weight. Fishermen who wish to region. Participants would continue to Table 1. The total amount of collections participate must fill out an application be limited in the number of sets allowed in 2018 were within the analyzed quotas for a shark research fishery permit on each trip and the number of hooks for all quota managed Atlantic HMS under the exempted fishing program. allowed on each set. All participants are species. The number of specimens Shark research fishery participants are also limited to a maximum of 500 hooks collected in 2019 will be available when subject to 100-percent observer onboard the vessel while on a shark all 2019 interim and annual reports are coverage. All non-prohibited shark research fishery trip. A Federal Register submitted to NMFS. species brought back to the vessel dead notice describing the specific objectives must be retained and will count against for the shark research fishery in 2020 In all cases, mortalities associated the appropriate quotas of the shark and requesting applications from with EFPs, SRPs, or display permits research fishery participant. In recent interested and eligible shark fishermen (except for larvae) are counted against years, all participants of the shark is expected to publish in the near future. the appropriate quota. NMFS issued a research fishery were limited to a very NMFS requests public comment total of 39 EFPs, SRPs, display permits, small number of dusky shark mortalities regarding NMFS’ intent to issue shark and LOAs in 2018 for the collection of on a regional basis. Once the designated research fishery permits in 2020 during HMS and 6 shark research fishery number of dusky shark mortalities the comment period of this notice. permits. As of October 28, 2019, NMFS occurs in a specific region certain terms The number of specimens that have has issued a total of 40 EFPs, SRPs, and conditions are applied (e.g. soak been authorized thus far under EFPs display permits, and LOAs and 5 shark time limits). If subsequent interactions and other related permits for 2019, as research fishery permits. occur in the region all shark research well as the number of specimens

TABLE 1—SUMMARY OF HMS EXEMPTED FISHING PERMITS ISSUED IN 2018 AND 2019, OTHER THAN SHARK RESEARCH FISHERY PERMITS

2018 2019 Fish kept/ Permit type Permits Authorized discarded Permits Authorized issued ** fish dead issued ** fish (num) ** (num) (num) **

EFP: HMS ...... Shark ...... Tuna ...... 2 162 6 7 120 4 0 3 4 20 2 750 2 2 750 SRP: HMS ...... Shark ...... Tuna ...... 6 2,030 1 4 549 1 487 653 1 486 1 0 0 0 0 Display: HMS ...... Shark ...... 2 84 1 2 82 6 185 50 5 193

Total ...... 24 3,698 716 25 3,698 LOA: * Shark ...... 15 185 1,109 15 0 * LOAs acknowledge scientific research activity but do not authorize activity. Thus, the number of sharks in the authorized fish column are esti- mates of harvest under LOAs. Permittees are encouraged to report all fishing activities in a timely manner. ** Some shark EFPs, SRPs, and LOAs were issued for the purposes of tagging and the opportunistic sampling of sharks and were not ex- pected to result in large amounts of mortality, thus no limits on sampling were set. Given this, some mortality may occur throughout 2019 and will be accounted for under the 60 metric ton shark research and display quota. Note: ‘‘HMS’’ refers to multiple species being collected under a given permit type.

Final decisions on the issuance of any documents, and any consultations with Assessment for the 2012 Swordfish EFPs, SRPs, display permits, and shark appropriate Regional Fishery Specifications, and the Environmental research fishery permits will depend on Management Councils, states, or Federal Assessment for the 2015 Final Bluefin the submission of all required agencies. NMFS does not anticipate any Tuna Quota and Atlantic Tuna Fisheries information about the proposed significant environmental impacts from Management Measures. activities, NMFS’ review of public the issuance of these EFPs, consistent Authority: 16 U.S.C. 971 et seq. and 16 comments received on this notice, an with the assessment of such activities U.S.C. 1801 et seq. applicant’s reporting history on past within the environmental impacts permits, if vessels or applicants were analyses in existing HMS actions, issued any prior violations of marine including the 1999 FMP, the 2006 resource laws administered by NOAA, Consolidated HMS FMP and its consistency with relevant NEPA amendments, the Environmental

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Dated: November 18, 2019. 2019 is available at https:// provisions of the Federal Advisory Jennifer M. Wallace, www.uspto.gov/TrialPracticeGuide3 and Committee Act of 1972 (5 U.S.C., Acting Director, Office of Sustainable the Practice Guide update from August Appendix, as amended), the Sunshine Fisheries, National Marine Fisheries Service. 2018 is available at https://go.usa.gov/ in the Government Act of 1976 (U.S.C. [FR Doc. 2019–25276 Filed 11–20–19; 8:45 am] xU7GP. The full version of the original 552b, as amended) and 41 Code of the BILLING CODE 3510–22–P August 2012 Practice Guide continues Federal Regulations (CFR 102–3.150). to be available for reference on the Purpose of the Meeting: The primary USPTO website at https://go.usa.gov/ purpose of the Remember & Explore DEPARTMENT OF COMMERCE xU7GK. Subcommittee is to recommend Comments regarding the Practice methods to maintain the Tomb of the Patent and Trademark Office Guide can be sent to Unknown Soldier Monument, including [Docket No. PTO–P–2019–0039] [email protected]. the cracks in the large marble Dated: November 14, 2019. sarcophagus, the adjacent marble slabs, and the potential replacement marble Office Patent Trial Practice Guide, Andrei Iancu, November 2019 Edition stone for the sarcophagus already gifted Under Secretary of Commerce for Intellectual to the Army; accomplish an AGENCY: United States Patent and Property and Director of the United States independent assessment of requests to Patent and Trademark Office. Trademark Office, Commerce. place commemorative monuments ACTION: Notice. [FR Doc. 2019–25281 Filed 11–20–19; 8:45 am] within ANC; and identify means to BILLING CODE 3510–16–P capture and convey ANC’s history, SUMMARY: The United States Patent and including Section 60 gravesite Trademark Office (‘‘Office’’) is issuing a mementos, and improve the quality of consolidated Office Patent Trial Practice DEPARTMENT OF DEFENSE visitors’ experiences now and for Guide (‘‘Practice Guide’’) to incorporate generations to come. prior updates to the original August Department of the Army The primary purpose of the Honor 2012 Practice Guide. The Office Subcommittee is to accomplish an Advisory Committee on Arlington publishes the Practice Guide to provide independent assessment of methods to National Cemetery Meeting Notice practitioners with guidance on typical address the long-term future of the procedures and timeframes for taking AGENCY: Department of the Army, DoD. Army national cemeteries, including action in post-grant trials implemented ACTION: Notice of open committee how best to extend the active burials following the Leahy-Smith America meeting. and what ANC should focus on once all Invents Act (‘‘AIA’’), as well as to bring available space is used. greater procedural consistency among SUMMARY: The Department of the Army The Advisory Committee on panels of the Patent Trial and Appeal is publishing this notice to announce Arlington National Cemetery is an Board (‘‘Board’’). the following Federal advisory independent Federal advisory FOR FURTHER INFORMATION CONTACT: committee meeting of the Advisory committee chartered to provide the Michael Tierney and William Fink, Vice Committee on Arlington National Secretary of the Army independent Chief Administrative Patent Judges, by Cemetery (ACANC), the Remember and advice and recommendations on telephone at (571) 272–9797. Explore Subcommittee, and the Honor Arlington National Cemetery, including, SUPPLEMENTARY INFORMATION: The Office Subcommittee. These meetings are open but not limited to, cemetery is issuing a consolidated Practice Guide to the public. For more information, administration, the erection of to incorporate prior updates to the please visit: http:// memorials at the cemetery, and master original August 2012 Practice Guide. www.arlingtoncemetery.mil/About/ planning for the cemetery. The The Office previously issued updates to Advisory-Committee-on-Arlington- Secretary of the Army may act on the the original 2012 Practice Guide in National-Cemetery/ACANC-Meetings. Committee’s advice and August 2018 and July 2019. The DATES: The Remember and Explore recommendations. consolidated Practice Guide includes no Subcommittee will meet on Tuesday, Agenda: The Remember and Explore substantive changes from the prior December 10, 2019 from 9:00 a.m. to Subcommittee will receive briefings on updates or current Board practices. The 12:00 p.m. The Honor Subcommittee the Tomb of the Unknown Soldier topic of such revisions and updates will meet on Tuesday, December 10, Centennial plan; review the Office of include: 2019 from 1 p.m. to 4 p.m. The full Strategic Services (OSS) • Institution of trial after SAS Advisory Committee on Arlington Commemorative works proposal; and Institute Inc. v. Iancu, 138 S. Ct. 1348 National Cemetery (ACANC) will meet review the status of the educational (2018); on Wednesday, December 11, 2019 from outreach program efforts by ANC. • use of sur-replies in lieu of 12:30 p.m. to 4:00 p.m. The Honor Subcommittee will receive an update on the design and progress of observations; ADDRESSES: Arlington National • how parties may contact the Board Cemetery Welcome Center, Arlington the security fence project at Joint Base to request an initial conference call; Myer Henderson Hall; a status report on • National Cemetery, Arlington, VA use of word counts; 22211. the Southern Expansion project design • updates to the sample scheduling and funding; an update on the Pentagon order for derivation proceedings; and FOR FURTHER INFORMATION CONTACT: Mr. Memorial Fund Visitor Center and a • updates to the default protective Matthew Davis; Alternate Designated briefing on the potential for further order. Federal Officer for the Committee, in expansion into federal areas The November 2019 edition of the writing at Arlington National Cemetery, surrounding ANC. Practice Guide may be viewed or Arlington, VA 22211, or by email at The Committee will receive an update downloaded from the USPTO website at [email protected], or by briefing on the Southern expansion https://www.uspto.gov/ phone at 1–877–907–8585. project; receive a state of the cemetery TrialPracticeGuideConsolidated. The SUPPLEMENTARY INFORMATION: This briefing; vote on a recommendation for earlier Practice Guide update from July meeting is being held under the placement of an OSS commemorative

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monument; and review reports from electronic mail, the preferred mode of ADDRESSES: You may submit comments, subcommittee meetings. submission, at the addresses listed in identified by docket number and title, Public’s Accessibility to the Meeting: the FOR FURTHER INFORMATION CONTACT by any of the following methods: Pursuant to 5 U.S.C. 552b and 41 CFR section. The Designated Federal Officer * Federal Rulemaking Portal: http:// 102–3.140 through 102–3.165, and will log each request, in the order www.regulations.gov. subject to the availability of space, this received, and in consultation with the Follow the instructions for submitting meeting is open to the public. Seating is appropriate Chair determine whether comments. on a first-come basis. The Arlington the subject matter of each comment is * Mail: Department of Defense, Office National Cemetery conference room is relevant to the missions and/or the of the Chief Management Officer, readily accessible to and usable by topics to be addressed in these public Directorate for Oversight and persons with disabilities. For additional meeting. Members of the public who Compliance, 4800 Mark Center Drive, information about public access have requested to make a comment and Mailbox #24, Suite 08D09, Alexandria, procedures, contact Mr. Matthew Davis, whose comments have been deemed VA 22350–1700. the subcommittee’s Alternate relevant under the process described Instructions: All submissions received Designated Federal Officer, at the email above, will be invited to speak in the must include the agency name and address or telephone number listed in order in which their requests were docket number for this Federal Register the FOR FURTHER INFORMATION CONTACT received by the Designated Federal document. The general policy for section. Officer. The appropriate Chair may allot comments and other submissions from Written Comments and Statements: a specific amount of time for comments. members of the public is to make these Pursuant to 41 CFR 102–3.105(j) and submissions available for public 102–3.140 and section 10(a)(3) of the Brenda S. Bowen, viewing on the internet at http:// Federal Advisory Committee Act, the Army Federal Register Liaison Officer. www.regulations.gov as they are public or interested organizations may [FR Doc. 2019–25251 Filed 11–20–19; 8:45 am] received without change, including any submit written comments or statements BILLING CODE 5001–03–P personal identifiers or contact to the Subcommittees and/or the information. Committee in response to the stated FOR FURTHER INFORMATION CONTACT: agenda of the open meeting or in regard DEPARTMENT OF DEFENSE Ms. to the Committee’s mission in general. Luz D. Ortiz, Chief, Records, Privacy Written comments or statements should Office of the Secretary and Declassification Division (RPDD), be submitted to Mr. Matthew Davis, the 1155 Defense Pentagon, Washington, DC 20301–1155, or by phone at (571) 372– Alternate Designated Federal Officer, [Docket ID DoD–2019–OS–0130] via electronic mail, the preferred mode 0478. of submission, at the address listed in Privacy Act of 1974; System of SUPPLEMENTARY INFORMATION: The OSD the FOR FURTHER INFORMATION CONTACT Records is modifying a system of records subject section. Each page of the comment or to the Privacy Act of 1974, 5 U.S.C. statement must include the author’s AGENCY: Office of the Secretary, DoD. 552a. This notice serves to update the name, title or affiliation, address, and ACTION: Notice of a modified System of SORN for DISM, DSCA 05. daytime phone number. Written Records. The OSD is modifying this SORN by comments or statements being updating the system name, purpose, submitted in response to the agenda set SUMMARY: The Office of the Secretary of routine uses, storage of records, forth in this notice must be received by Defense (OSD) is modifying a System of retention and disposal of records, record the Designated Federal Officer at least Records Notice (SORN), titled ‘‘Defense access procedures, contesting record seven business days prior to the meeting Institute of Security Assistance procedures, and notification procedures to be considered by the Committee. The Management (DISAM) Information sections to better align the SORN with Designated Federal Officer will review System Mission (DISM),’’ DSCA 05. guidelines provided in Office of all timely submitted written comments This modified system will provide Management and Budget (OMB) or statements with the Committee efficient administration of U.S. and Circular A–108, ‘‘Federal Agency Chairperson, and ensure the comments international students, Defense Institute Responsibilities for Review, Reporting, are provided to all members of the of Security Cooperation Studies (DISCS) and Publication under the Privacy Act.’’ Committee before the meeting. Written personnel and guest lecturers. The The DoD notices for Systems of comments or statements received after system also provides personnel the Records subject to the Privacy Act of this date may not be provided to the ability to submit requests and make 1974 (5 U.S.C. 552a), as amended, have Committee until its next meeting. arrangements for travel, and to use a been published in the Federal Register Pursuant to 41 CFR 102–3.140d, the relational database to record, manage and are available from the address in Committee is not obligated to allow any and report information about students, FOR FURTHER INFORMATION CONTACT or at member of the public to speak or personnel, and travel, including reports the Defense Privacy, Civil Liberties and otherwise address the Committee during of annual training for foreign nationals. Transparency Division website at http:// the meeting. Members of the public will Records are also used as a management dpcld.defense.gov. be permitted to make verbal comments tool for statistical analysis, tracking, The proposed systems reports, as during these meetings only at the time reporting to Congress, evaluating required by the Privacy Act, as and in the manner described below. If program effectiveness, and conducting amended, were submitted on September a member of the public is interested in research. 20, 2019, to the House Committee on making a verbal comment at the open Oversight and Reform, the Senate meeting, that individual must submit a DATES: This notice is effective upon Committee on Homeland Security and request, with a brief statement of the publication; however, comments on the Governmental Affairs, and the OMB subject matter to be addressed by the Routine Uses will be accepted on or pursuant to Section 6 to OMB Circular comment, at least three (3) business before December 23, 2019. The Routine No. A–108, ‘‘Federal Agency days in advance to the Committee’s Uses are effective at the close of the Responsibilities for Review, Reporting, Designated Federal Officer, via comment period. and Publication under the Privacy Act,’’

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revised December 23, 2016 (December CATEGORIES OF RECORDS IN THE SYSTEM: individuals via DISCS student 23, 2016, 81 FR 94424). DISCS Personnel data: Full name, registration and guest speaker forms, Dated: November 15, 2019. DoD Identification Number (DoD ID), and travel request forms, including by Aaron T. Siegel, gender, date of birth, home address, administrators with access to DoD personal cell phone and work numbers, personnel and security related Alternate OSD Federal Register Liaison Officer, Department of Defense. work domain name, work email address, databases. arrival and departure dates, duty hours, ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM NAME AND NUMBER: emergency point of contact information, SYSTEM, INCLUDING CATEGORIES OF USERS AND Defense Institute of Security position title, funding source, PURPOSES OF SUCH USES: Assistance Management (DISAM) directorate and office names, employment status, academic rank and In addition to those disclosures Information System Mission (DISM), generally permitted under 5 U.S.C. DSCA 05. degree, salary, job series, civilian grade, military Joint Manpower Program rank 552a(b) of the Privacy Act of 1974, as SECURITY CLASSIFICATION: and number, date of rank, service amended, the records contained herein Unclassified. branch, occupational specialty code and may specifically be disclosed outside description, military evaluation dates, the DoD as a routine use pursuant to 5 SYSTEM LOCATION: tour completion date, recall order, DoD U.S.C. 552a(b)(3): Defense Institute of Security billet manning document number, a. To contractors, grantees, experts, Cooperation Studies (DISCS), 2475 K. height and weight, security clearance consultants, students, and others Street, Bldg. 52, Wright-Patterson AFB, type, issue and expiration dates, performing or working on a contract, OH 45433–7641. investigation type and date, IT level, service, grant, cooperative agreement, or other assignment for the DoD when SYSTEM MANAGER(S): supervisor name, list of DoD annual training requirements, training necessary to accomplish an agency DISM System Administrator; Defense function related to this system of Institute of Security Cooperation completion dates and year required, faculty member, function and program records. Studies, 2475 K. Street, Bldg. 52, b. To the appropriate Federal, State, Wright-Patterson AFB, OH 45433–7641; type; DISCS Personnel Travel data: local, territorial, tribal, foreign, or email: [email protected]. Traveler’s name, government point of international law enforcement authority AUTHORITY FOR MAINTENANCE OF THE SYSTEM: contact information, request number, or other appropriate entity where a record, either alone or in conjunction 10 U.S.C. 134, Under Secretary of agency directorate, priority and with other information, indicates a Defense for Policy; Public Law 97–195, requirement types, purpose of travel, violation or potential violation of law, Foreign Assistance and Arms Export Act group and class type, order and voucher whether criminal, civil, or regulatory in of 1961, as amended; DoD Directive numbers, voucher check and Military nature. (DoDD) 5105.65, Defense Security Interdepartmental Purchase Request c. To any component of the Cooperation Agency (DSCA); DSCA (MIPR) dates, funding source, source Department of Justice for the purpose of Security Assistance Management organization, departure and arrival representing the DoD, or its Manual, Chapter 10, International information, travel location cost components, officers, employees, or Training; DoDD 5132.03, DoD Policy information, DoD status of travel members in pending or potential and Responsibilities Relating to Security request, administrative notes and litigation to which the record is Cooperation; Army Regulation 12–15, comments. Student data: Full name, student and pertinent. SECNAVINST 4950.4B, AFI 16–105, d. In an appropriate proceeding before Joint Security Cooperation Education DoD ID, gender, date of birth, nationality, organization and mailing a court, grand jury, or administrative or and Training; and E.O. 9397, (SSN), as adjudicative body or official, when the amended. addresses, work number, position title, hotel confirmation number, country DoD or other Agency representing the PURPOSE(S) OF THE SYSTEM: name, combatant command, student DoD determines the records are relevant The DISCS DISM contains several type, area of expertise and duty type, and necessary to the proceeding; or in applications to efficiently manage the civilian grade, service branch, military an appropriate proceeding before an administrative activities of U.S. and rank, diploma, test scores, supervisor administrative or adjudicative body international students, DISCS personnel name, personal and work email when the adjudicator determines the and guest lecturers. Also, the system addresses, and work number, course records to be relevant to the proceeding. allows personnel to submit requests and type, registration date, level and status, e. To the National Archives and make arrangements for travel. Finally, certificates, student and registrar Records Administration for the purpose the system uses a relational database to comments, administrative notes and of records management inspections record, manage and report information emergency point of contact information. conducted under the authority of 44 about students, personnel, and travel, Guest Speaker data: Full name, U.S.C. 2904 and 2906. including reports of annual training. position title, gender, Social Security f. To a Member of Congress or staff Records are also used as a management Number (SSN) (for non-DoD guest acting upon the Member’s behalf when tool for statistical analysis, tracking, speakers only), DoD ID, home, cell the Member or staff requests the reporting to Congress, evaluating phone, and work numbers, fax number, information on behalf of, and at the program effectiveness, and conducting email and mailing address, employment request of, the individual who is the research. status, security clearance type, military subject of the record. rank, civilian grade, course information, g. To appropriate agencies, entities, CATEGORIES OF INDIVIDUALS COVERED BY THE honorarium, DISCS host name, and and persons when (1) the DoD suspects SYSTEM: funding information. or confirms a breach of the system of DISCS civilian, military, and records; (2) the DoD determines as a contractor personnel, U.S. Federal RECORD SOURCE CATEGORIES: result of the suspected or confirmed agency employees, students, and guest Information contained in this system breach there is a risk of harm to speakers. is obtained from the DISCS personnel, individuals, the DoD (including its

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information systems, programs, and Requester Service Center, 1155 Defense DEPARTMENT OF DEFENSE operations), the Federal Government, or Pentagon, Washington, DC 20301–1155. national security; and (3) the disclosure Signed, written requests should include Office of the Secretary made to such agencies, entities, and the full name, current address and [Docket ID DOD–2019–OS–0128] persons is reasonably necessary to assist telephone number, and the name and in connection with the DoD’s efforts to number of this system of records notice. Science and Technology Reinvention respond to the suspected or confirmed In addition, the requester must provide Laboratory (STRL) Personnel breach or to prevent, minimize, or either a notarized statement or an Management Demonstration Project in remedy such harm. unsworn declaration made in the Joint Warfare Analysis Center h. To another Federal agency or accordance with 28 U.S.C. 1746, in the (JWAC) of the United States Strategic Federal entity, when the DoD following format: Command (USSTRATCOM) determines information from this If executed outside the United States: system of records is reasonably ‘‘I declare (or certify, verify, or state) AGENCY: Under Secretary of Defense for necessary to assist the recipient agency under penalty of perjury under the laws Research and Engineering (USD (R&E)), or entity in (1) responding to a of the United States of America that the Department of Defense (DoD). suspected or confirmed breach or (2) foregoing is true and correct. Executed ACTION: Notice of proposal to adopt and preventing, minimizing, or remedying on (date). (Signature).’’ modify an existing personnel the risk of harm to individuals, the If executed within the United States, management demonstration project. recipient agency or entity (including its its territories, possessions, or information systems, programs and commonwealths: ‘‘I declare (or certify, SUMMARY: This Federal Register Notice operations), the Federal Government, or verify, or state) under penalty of perjury (FRN) serves as notice of the proposed national security, resulting from a that the foregoing is true and correct. adoption of an existing STRL Personnel suspected or confirmed breach. Executed on (date). (Signature).’’ Demonstration Project by the Joint Warfare Analysis Center (JWAC), United POLICIES AND PRACTICES FOR STORAGE OF CONTESTING RECORD PROCEDURES: States Strategic Command RECORDS: The DoD rule for accessing records, (USSTRATCOM). JWAC proposes to The records are stored in electronic contesting contents, and appealing adopt, with some modifications, the format on secure servers with access initial agency determinations are STRL Personnel Demonstration Project restricted by the use of Common Access published in 32 CFR part 310 or may be implemented at the Air Force Research Cards (CACs), pin numbers, and/or card obtained from the system manager. Laboratory (AFRL). swipe protocols. Physical access is DATES: The JWAC demonstration project NOTIFICATION PROCEDURES: limited through the use of locks, guards, (JWAC–DP) proposal may not be card swipe, and other administrative Individuals seeking to determine implemented until a 30-day comment procedures. whether information about themselves period is provided, comments is contained in this system of records addressed, and a final FRN published. POLICIES AND PRACTICES FOR RETRIEVAL OF should address written inquiries to RECORDS: To be considered, written comments Defense Institute of Security must be submitted on or before These records may be retrieved by Cooperation Studies, ATTN: Director of December 23, 2019. name of individual, DoD ID, student ID, Organizational Support, 2475 K Street, ADDRESSES: You may submit comments, or SSN. Wright-Patterson AFB, OH 45433–7641. identified by docket number and title, Signed, written requests should include POLICIES AND PRACTICES FOR RETENTION AND by any of the following methods: the full name, current address and DISPOSAL OF RECORDS: Federal eRulemaking Portal: http:// telephone number, and the name and These records are cut off on closure of www.regulations.gov. Follow the number of this system of records notice. study or event and destroyed 25 years instructions for submitting comments. after cut off. In addition, the requester must provide Mail: Department of Defense, Office of either a notarized statement or an the Chief Management Officer, ADMINISTRATIVE, TECHNICAL, AND PHYSICAL unsworn declaration made in Directorate for Oversight and SAFEGUARDS: accordance with 28 U.S.C. 1746, in the Compliance, 4800 Mark Center Drive, Records are maintained in a following format: Mailbox #24, Suite 08D09, Alexandria, If executed outside the United States: controlled facility. Physical entry is VA 22350–1700. restricted by the use of locks, and is ‘‘I declare (or certify, verify, or state) Instructions: All submissions received accessible only to authorized personnel. under penalty of perjury under the laws must include the agency name, docket Access to records is also limited to of the United States of America that the number and title for this Federal person(s) responsible for servicing the foregoing is true and correct. Executed Register document. The general policy record in performance of their official on (date). (Signature).’’ for comments and other submissions If executed within the United States, duties and who are properly screened from members of the public is to make its territories, possessions, or and cleared for need-to-know. Access to these submissions available for public commonwealths: ‘‘I declare (or certify, electronic data is restricted by viewing on the internet at http:// verify, or state) under penalty of perjury centralized access control to include the www.regulations.gov as they are that the foregoing is true and correct. use of CAC, pin numbers (which are received without change, including any Executed on (date). (Signature).’’ changed periodically), file permissions, personal identifiers or contact and audit logs. EXEMPTIONS PROMULGATED FOR THE SYSTEM: information. RECORD ACCESS PROCEDURES: None. FOR FURTHER INFORMATION CONTACT: Individuals seeking access to records • Joint Warfare Analysis Center HISTORY: about themselves contained in this (JWAC): Ms. Amy Balmaz, Director, system should address written inquiries June 7, 2016, 81 FR 36526. Human Resources, 4048 Higley Road, to the Office of the Secretary of Defense/ [FR Doc. 2019–25203 Filed 11–20–19; 8:45 am] Dahlgren, VA 22448, (540) 653–8598, Joint Staff, Freedom of Information Act BILLING CODE 5001–06–P [email protected].

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• DoD: Dr. Jagadeesh Pamulapati, amended, if they wish to adopt them in highly educated and trained workforce, Director, Laboratories and Personnel accordance with DoD Instruction particularly scientists and engineers, Office, 4800 Mark Center Drive, 1400.37 (and its successor instructions) and must have in place a system that Alexandria, VA 22350, (571) 372–6372, and after the fulfillment of any fosters their development, enhances [email protected]. collective bargaining obligations. their contribution and experience, and SUPPLEMENTARY INFORMATION: Section Table of Contents provides a strong retention incentive. 342(b) of the National Defense II. Introduction Authorization Act (NDAA) for Fiscal I. Executive Summary Year (FY) 1995, Public Law (Pub. L.) II. Introduction A. Purpose 103–337; as amended, authorizes the A. Purpose B. Problems With the Present System The purpose of JWAC–DP is to Secretary of Defense (SECDEF), through C. Expected Benefits the USD (R&E), to conduct personnel demonstrate that the effectiveness of D. Participating Employees DoD laboratories can be enhanced by demonstration projects at DoD E. Project Design laboratories designated as STRLs. F. Personnel Policy Board allowing greater managerial control over III. Personnel System Changes personnel functions and, at the same 1. Background A. Hiring and Appointment Authorities time, expanding the opportunities Many studies conducted since 1966 B. Pay Setting available to employees through a more on the quality of the laboratories and C. Broadbanding responsive and flexible personnel personnel have recommended D. Classification system. JWAC–DP will provide E. Contribution-Based Compensation managers, at the lowest practical level, improvements in civilian personnel System policy, organization, and management. F. Dealing With Inadequate Contributions the authority, control, and flexibility Pursuant to the authority provided in G. Voluntary Emeritus Corps needed to achieve a quality laboratory section 342(b) of Pub. L. 103–337, as H. Employee Development and quality products. amended, a number of DoD STRL IV. JWAC–DP Training B. Problems With the Present System personnel demonstration projects have V. Conversion been approved. The demonstration A. Conversion to the Demonstration Project 1. JWAC has a proven history of projects are ‘‘generally similar in B. Conversion to Another Personnel System providing the warfighter with targeting nature’’ to the Department of Navy’s VI. Project Duration and Changes recommendations that break free from China Lake Personnel Demonstration VII. Evaluation Plan attrition warfare and focus on striking Project. The terminology, ‘‘generally A. Overview the enemy at the point that produces the similar in nature,’’ does not imply an B. Evaluation Model greatest advantage for friendly forces. It emulation of various features, but rather C. Method of Data Collection has the ability to provide implies a similar opportunity and VII. Demonstration Project Costs recommendations that can prevent war authority to develop personnel IX. Required Waivers to Law and Regulation and, if necessary, help our nation win A. Title 5, United States Code flexibilities that significantly increase B. Title 5, Code of Federal Regulations in time of conflict. To achieve its the decision authority of laboratory Appendix A: Career Path Occupational Series mission, JWAC must acquire and retain commanders and/or directors. Appendix B: Example of Factors and an enthusiastic, innovative, and highly 2. Overview Descriptors, Scientists and Engineer educated and trained workforce, Career Path, Pay Plan DR particularly scientific and engineering JWAC will adopt, with some professionals. modifications, the STRL personnel I. Executive Summary 2. The Civil Service General Schedule demonstration project published in 75 JWAC is a global warfighting (GS) personnel system has several major FR 53076, August 30, 2010, and organization and a subordinate inefficiencies that hinder management’s implemented in the AFRL. Section organization of the USSTRATCOM. ability to recruit and retain the best- 1105(b) of the FY 2010 NDAA, as JWAC provides targeting analysis to qualified personnel. Line managers have amended by section 1104 of the FY 2018 combatant commands, Joint Staff, and only limited authority to manage NDAA, Pub. L. 115–91 authorizes JWAC other customers including effects-based, personnel resources, and existing in the USSTRACOM to implement an precision targeting options for selected personnel regulations are often in STRL personnel demonstration project. networks and nodes in order to carry Adoption of the AFRL’s personnel out the national security and military conflict with management’s ability to demonstration project, with strategies of the U.S. during peace, support JWAC’s mission. Current modifications, will enable JWAC to crisis, and war. In order to enable personnel action processes and achieve the best workforce for its military forces to rapidly achieve U.S. procedures cause delays in recruiting, mission, adjust the workforce for national security objectives, JWAC relies reassigning, promoting, and removing change, improve workforce quality, and on the analysis of a variety of employees. allow JWAC to acquire and retain an engineering, scientific, intelligence, and 3. The GS classification system rigidly enthusiastic, innovative, and highly social science disciplines. The defines types of work by occupational educated and trained workforce, analytical and research teams apply series and grade, with very precise particularly scientific and engineering social and physical science techniques qualifications for each job which are professionals. Implementation of the and engineering expertise to provide then classified by complex classification JWAC–DP is essential for competitive quick-turn-around solutions to support standards, causing lengthy hiring hiring and retention of a highly the warfighter. Further, JWAC conducts delays, and limiting the manager’s qualified workforce. research and development of new ability to offer competitive methodologies and technologies to compensation. This system does not 3. Access to Flexibilities of Other STRLs advance technical analysis of critical easily or quickly respond to changes in Flexibilities published in this FRN networks and provide more targeting the work based on mission will be available for use by the STRLs options against emerging threats. requirements. One of the JWAC–DP’s enumerated in section 1105 of the JWAC must be able to acquire and goals is to support simplified NDAA for FY 2010, Pub. L. 111–84 as retain an enthusiastic, innovative, and classification processes that can be

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accomplished quickly and efficiently at ensure success. The nature of the STRL designs through detailed reviews the lowest level of management. JWAC–DP and its ambitious workforce of the published FRNs, exchanges with 4. JWAC must be able to compete with goals will require HR support at an other STRL program managers, and the private sector and other government enhanced level. A traditional process- organizational site visits to leverage the agencies for the best talent and be able oriented and reactive construct will experience and lessons-learned of to make job offers in a timely manner serve neither the mission nor the existing, mature STRL designs. The with the appropriate monetary management needs of the organization. JWAC design team relied heavily on compensation and incentives to attract The JWAC–DP’s emphases include its subject-matter-expertise that has been high quality employees. JWAC must streamlined hiring, a sophisticated supporting the AFRL demonstration successfully compete for high quality contribution-based compensation project’s design and revisions, as well as scientists and engineers locally with system, talent acquisition/retention, and demonstration projects that have been Naval Surface Warfare Center (NSWC) professional human capital planning utilized at other STRLs, some for over Dahlgren Division, an established STRL, and execution. Accordingly, successful 20 years. The JWAC–DP design is and the public and private sector across execution of that vision includes an HR grounded in the AFRL demonstration the National Capital Region. Today, service delivery model that is highly project’s design, and takes advantage of other STRLs can make an employment proactive, expertly skilled in analytical authorities and design elements from offer, at a much higher salary, to a tools, and fully capable of engaging as other DoD laboratories and personnel promising candidate before JWAC can a strategic partner and trusted agent of systems applicable to JWAC. The prepare the paperwork necessary to a modern multi-faceted organization. JWAC–DP design team utilized an begin the recruitment process. D. Participating Employees iterative approach of reviews and a series of mock activities to develop, test, C. Expected Benefits 1. The JWAC–DP will cover civilian and exercise the JWAC–DP design 1. This project is expected to appropriated fund employees in the proposal, including a JWAC-wide demonstrate that a human resources competitive and excepted service, workforce critique of the draft FRN. The system tailored to the mission and unless otherwise excluded. Personnel design is focused on recruiting and needs of JWAC will result in: added to the laboratory after hiring authorities and flexibility as well a. Increased quality in the total implementation either through as a contribution-based compensation workforce and the products they appointment, conversion, promotion, system. This FRN adopts hiring produce; reassignment, change to a lower grade, authorities currently utilized by other b. increased timeliness of key or where their functions and positions DoD STRL Personnel Demonstration personnel processes; have been transferred into the laboratory Projects. c. increased retention of high will be converted to the demonstration contributing employees; project. F. Personnel Policy Board 2. Senior Executive Service (SES) d. increased employee satisfaction JWAC has created a Personnel Policy members, Defense Civilian Intelligence with the laboratory; and Board (PPB) to oversee and monitor the Personnel System (DCIPS, pay plan GG) e. improved procedures for effectively fair, equitable, and consistent positons, and Department of Air Force and efficiently dealing with poor implementation of the provisions of the (DAF) centrally funded interns and contributors. demonstration project to include recent graduates appointed under the 2. The JWAC–DP builds on the establishing internal controls and Pathways Program are not covered in successful features of existing accountability. The PPB Chairperson the demonstration project. demonstration projects, including the and members of the board are senior 3. DAF centrally funded interns and AFRL’s. For the JWAC–DP to achieve JWAC managers appointed by the JWAC recent graduates will convert to the the same results it must enable and Commander and documented in JWAC–DP once they have successfully enhance: internal operating procedures (IOPs). a. The ability to attract highly completed a formal development The PPB Chairperson serves as the pay qualified scientific, technical, business, program and converted to a competitive pool manager and must report directly and support employees in today’s position in JWAC. Performance to the JWAC Commander. Ad hoc competitive environment; appraisals will be conducted using the members can be assigned at the b. the ability to select personnel and Defense Performance Management and discretion of the JWAC Commander to make job offers in a timely and efficient Appraisal (DPMAP) until they are provide subject matter expertise or to manner, with the competitive converted to the JWAC–DP. advise the PPB. The establishment of compensation that attracts high-quality, E. Project Design this Board shall not affect the authority in-demand employees; c. employee satisfaction with pay The JWAC–DP was designed and led of any management official in the setting and adjustment, recognition, and by a cross-functional team comprised of exercise of their management rights set career advancement opportunities; the Director or Deputy Director and forth in 5 U.S.C. 7106(b)(1). The PPB is d. human resources (HR) flexibilities other senior leaders representing each tasked with the following: needed to staff, shape, and adjust to JWAC directorate. The design team was 1. Formulating and managing the evolving requirements associated with augmented and supported by volunteers civilian pay pool budget; sustaining a quality workforce for the from across JWAC to support the 2. Determining the composition of the future; and iterative development, assessment and pay pool in accordance with the e. retention of high-level contributors. evaluation of all of the elements of the guidelines of this proposal and internal 3. To effectively meet the above JWAC–DP design. The team procedures; expectations, the JWAC–DP has composition represented all career 3. Reviewing operation of JWAC’s pay identified and established in this notice fields and utilized their vast experience pool process; those features and flexibilities that in the current systems and authorities as 4. Providing guidance to the pay pool provide the mechanisms to achieve its well as previous DoD personnel process; objectives. Those features and management systems. The design team 5. Reviewing seamless broadband flexibilities alone, however, will not reviewed and considered all existing level movements;

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6. Reviewing Accelerated and in 10 U.S.C. 2358a to non- 43339, 43340, or the Contingent Compensation for Developmental competitively appoint the following: Employee Appointment Authority Position (ACDP) increases; a. Candidates with advanced degrees authorized in 62 FR 34876, 34899. 7. Monitoring award pool distribution to scientific and engineering positions; Employees hired for more than one by organization or any other special b. Candidates with bachelor’s degrees year, under the Contingent Employee categorization; to scientific and engineering positions; Appointment Authority (CEAA), are 8. Assessing the need for and making c. Veteran candidates to scientific, given modified term appointments in changes to the JWAC–DP policies when technical, engineering, and mathematics the competitive service for up to five needed to further define specific positions (STEM), including years. The JWAC Commander is flexibilities to ensure standard technicians; and authorized to extend a contingent application across the organizational d. Student candidates enrolled in a appointment for up to one additional units; program of instruction leading to a year. 9. Ensuring all budget decisions are in bachelors or advanced degree in a STEM Using the Flexible Length and alignment with funding sponsor’s fiscal discipline. Renewable Term Technical guidelines and boundaries; and 3. Distinguished Scholastic Appointment Authority (FLRTTA), a 10. Ensuring that all employees are Achievement Authority (DSAA): The modified term scientific or technical treated in a fair and equitable manner in JWAC–DP will use the Distinguished position may be filled for any period of accordance with all policies, Scholastic Achievement Authority more than one year but not more than regulations, and guidelines covering this (DSAA) to non-competitively appoint six years, and may be extended in up to demonstration project. candidates possessing a bachelor’s six year increments at any time. degree or higher to Science and Employees hired under these III. Personnel System Changes Engineering positions, Business appointment authorities may be eligible Management and Professional positions A. Hiring and Appointment Authorities for conversion to career appointments. or Technician positions, up to the To be converted from CEAA or 1. Description of Hiring Process: equivalent of GS–12 (DR–II or DO–II). FLRTTA, the employee must (a) have JWAC is implementing a streamlined Candidates may be appointed using this been selected for the term position examining process as demonstrated in authority provided all of the following under an announcement or public other STRLs. This applies to all covered conditions are met: the candidate meets notice specifically stating that the positions in JWAC, with the exception the minimum standards for the position individual(s) selected for the term of Senior Executive Service (SES) and as published in OPM’s operating position(s) may be eligible for DAF centrally funded interns and manual, ‘‘Qualification Standards for conversion to career-conditional students. This process includes General Schedule Positions,’’ plus any appointment at a later date without coordination of recruitment and public selective factors stated in the vacancy further competition; (b) served two notices, the administration of the announcement; the occupation has a years of substantially continuous service examining process, the certification of positive education requirement; and the in a term position; and (c) have a candidates, and selection and candidate has a cumulative grade point current rating of acceptable or better. appointment consistent with merit average of 3.5 or better (on a 4.0 scale) Employees serving under term system principles, to include existing in those courses in those fields of study appointments at the time of conversion authorities under 5 U.S.C. and 5 CFR. that are specified in the Qualifications to the STRL Demonstration Project will The ‘‘rule of three’’ is eliminated, Standards for the occupational series. be converted to new term contingent similar to the authorities granted to Veterans’ preference procedures will employee appointments. Time served in AFRL in 75 FR 53076, August 30, 2010. apply when selecting candidates under term positions prior to conversion to the When there are no more than 15 this authority. Preference eligible contingent employee appointment is qualified applicants and no preference candidates who meet the above criteria creditable to the requirement for two eligible applicants, all qualified will be considered ahead of non- years of continuous service stated applicants are immediately referred to preference eligible candidates. In above, provided the service was the selecting official without rating and making selections, to pass over any continuous. ranking. Rating and ranking are required preference eligible candidate(s) to select 5. Reemployed Annuitants and only when the number of qualified a non-preference eligible candidate Voluntary Early Retirement Authority candidates exceeds 15 or there is a mix requires approval under applicable DA and Voluntary Separation Incentive of preference eligible and non- pass-over or objection procedures. Payment: The JWAC Commander may preference eligible applicants. Statutes Distinguished Scholastic Achievement appoint reemployed annuitants and/or and regulations covering veterans’ Appointments will enable JWAC to offer Voluntary Early Retirement preference are observed in the selection respond quickly to hiring needs for Authority (VERA)/Voluntary Separation process and when rating and ranking are eminently qualified candidates Incentive Payment (VSIP) packages as required. possessing distinguished scholastic described in 82 FR 43339, September The JWAC Commander is delegated achievements. 15, 2017, to shape the mix of technical authority, with respect to a JWAC 4. Flexible Length and Renewable skills and expertise in the workforce. employee, to administer the oath of Term Technical Appointments (Flexible 6. Probationary Period. The office required by 5 U.S.C. 3331, Term Appointment): Non-permanent probationary period will be three years incident to entrance into the executive positions (exceeding one year) needed for all newly hired employees, branch or any other oath required by to meet fluctuating or uncertain including individuals entering the law in connection with employment in workload requirements may be JWAC–DP after a break in service of 30 the executive branch. competitively filled using the Flexible calendar days or more. Employees who 2. Direct Hiring Authorities: Length and Renewable Term Technical enter the JWAC–DP with a break in The JWAC–DP will use the direct-hire Appointment Authority, authorized in service of less than 30 calendar days are authorities authorized by section 1108 section 1109 of NDAA FY16, Section not required to complete an extended of the NDAA for FY 2009 as amended 1109, as amended by section 1112 of probationary period if their previous by section 1103 of the NDAA FY 2012 NDAA FY19 and described 82 FR service was in the same line of work as

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determined by the employee’s actual solely related to supervisory for the Business Management and duties and responsibilities upon performance, the employee will be Professional career path: reappointment. Current permanent returned to a comparable position of no • Band level I minimum eligibility Federal employees hired into the lower payband and pay than the requirements are consistent with the JWAC–DP are not required to serve a position from which promoted. GS–07 qualifications. new probationary period. Any employee 7. Qualification Determinations: A • Band level II minimum eligibility appointed prior to the date of this FRN candidate’s basic eligibility will be requirements are consistent with the will not be affected. determined using OPM’s ‘‘Qualification GS–12 qualifications. Employees on non-status Standards Handbook for General • Band level III minimum eligibility appointments (appointments that are Schedule Positions.’’ Selective requirements are consistent with the time-limited or nonpermanent and from placement factors may be established in GS–14 qualifications. which employees do not acquire accordance with OPM’s Qualification • Band level IV minimum eligibility competitive status) will be subject to the Handbook when determined to be requirements are consistent with the probationary period required by their critical to successful position GS–15 qualifications. appointing authority. Upon conversion contribution. These factors are c. Technician (Pay Plan DX) Career from a non-status appointment to a communicated to all candidates for Path: This career path is associated with competitive service appointment, particular position vacancies and must and supportive of a professional field employees will be required to serve a be met for basic eligibility. and may involve substantial elements of three-year probationary period. a. Science and Engineering (S&E) (Pay the work of the professional field, but However, employees serving on a Plan DR) Career Path: This career path requires less than full knowledge of the Flexible Length and Renewable Term includes technical professional field involved. It includes positions Technical Appointment will serve a positions, such as engineers, physicists, such as Engineering Technician and three-year trial period (in accordance chemists, metallurgists, mathematicians, Electronics Technician. Employees in with (IAW) 5 CFR 316.304 except that operations research analysts, and these positions may or may not require rather than a one-year trial period, it is computer scientists. Additional specific course work or educational a three-year trial period). Upon occupational series may be added in the degrees. Four broadband levels have conversion to competitive service, any future. Employees in these positions been established for the Technician periods of employment served during a require specific course work or career path: non-status appointment or a flexible educational degrees. Five broadband • Band level I minimum eligibility term appointment will be counted levels have been established for the S&E requirements are consistent with the toward the completion of the extended career path: GS–01 qualifications. probationary period. • Band level I minimum eligibility • Band level II minimum eligibility All other features of the current requirements are consistent with the requirements are consistent with the probationary period are retained, GS–07 qualifications. GS–05 qualifications. including the potential to remove an • Band level II minimum eligibility • Band level III minimum eligibility employee without providing the full requirements are consistent with the requirements are consistent with the substantive and procedural rights GS–12 qualifications. GS–08 qualifications. afforded a non-probationary employee. • Band level III minimum eligibility • Band level IV minimum eligibility Probationary employees will be requirements are consistent with the requirements are consistent with the terminated if an employee fails to GS–14 qualifications. GS–11 qualifications. demonstrate proper conduct, technical • Band level IV minimum eligibility d. Mission Support (Pay Plan DU) competency, and/or adequate requirements are consistent with the Career Path: This career path includes contribution for continued employment. GS–15 qualifications. positions for which specific course work When the JWAC Commander or • Band level V minimum eligibility or educational degrees are not required. designee decides to terminate an requirements are above the GS–15 This career path includes clerical work, employee serving a probationary period qualifications. This band is limited to that usually involves the processing and because his/her work performance or senior scientific technical manager maintaining of records, as well as conduct during this period fails to (SSTM) positions, the primary functions assistant work, that requires knowledge demonstrate fitness or qualifications for of which are to engage in research and of methods and procedures within a continued employment, the employee development in the physical, biological, specific administrative area. Examples will be provided written notification of medical or engineering sciences or of positions within this career path the reasons for separation and the another field closely related to the include secretaries, office automation effective date of the action. The mission of the JWAC; and to carry out clerks, and budget/program/computer information in the notice as to why the technical supervisory responsibilities. assistants. employee is being terminated will, as a The number of such positions shall not • Band level I minimum eligibility minimum, consist of the manager’s exceed two percent of the number of requirements are consistent with the conclusions as to the inadequacies of scientists and engineers employed at GS–01 qualifications. their performance or conduct. JWAC. • Band level II minimum eligibility Supervisory probationary periods will b. Business Management and requirements are consistent with the be made consistent with 5 CFR 315.901. Professional (Pay Plan DO) Career Path: GS–05 qualifications. Employees that have successfully This career path supports the S&E • Band level III minimum eligibility completed the initial probationary mission, and includes specialized requirements are consistent with the period will be required to complete an positions such as finance, acquisition, GS–07 qualifications. additional one year probationary period human resources, IT services, and • Band level IV minimum eligibility for the initial appointment to a administrative specialists. Employees requirements are consistent with the supervisory position. If, during the may or may not be required to have GS–09 qualifications. supervisory probationary period, the specific course work or degrees to 8. Temporary Promotions and Details: decision is made to return the employee qualify for these positions. Four JWAC may detail its employees to to a nonsupervisory position for reasons broadband levels have been established higher broadband level positions and

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temporarily promote employees for up afford to temporarily relocate to the enhance pay progression and to allow to one year within a 24-month period, Dahlgren area while enrolled at schools for more competitive recruitment of with or without competition, and may outside of the local commuting area. To quality candidates at differing rates extend such detail or promotion by one expand recruitment to top universities, within the appropriate broadband additional year, similar to the authority the authority in 5 CFR part 575 is level(s). Competitive promotions will be adopted by the AFRL in 75 FR 53076, expanded to allow management to pay less frequent and movement through the August 30, 2010. a relocation incentive/bonus each time broadband levels will be a more a student returns to duty to JWAC. B. Pay Setting seamless process. Like the broadbanding 5. Accelerated Compensation for system used at AFRL, advancement 1. Management has authority to Developmental Positions (ACDP): The within each band is based upon establish appropriate basic pay for JWAC Commander may authorize an contribution. employees converting into or hired by increase to basic pay for employees The four distinct career paths within the JWAC–DP. The basic pay of newly participating in training programs, JWAC–DP are: S&E, Business hired personnel will be at a level internships, or other development Management and Professional, consistent with the expected capacities. ACDP will be used to Technician, and Mission Support. contribution of the position. The recognize development of job related 1. S&E (Pay Plan DR): expected contribution is based on the competencies as evidenced by • Band I includes the current GS–7 employee’s academic qualifications, successful contribution to the JWAC. through GS–11; competencies, and experience, as well The use of ACDP is limited to • as the position’s scope and level of employees in pay bands I and II in the Band II includes the current GS–12 through GS–13; difficulty. Except for Senior Scientific Business Management and Professional • Technical Manager (SSTM) positions, and S&E career paths. Additional Band III includes the current basic pay is limited to an amount equal guidance will be published in an IOP. GS–14; • to GS–15, step 10 pay. A demo bonus 6. Maintained Pay: The JWAC–DP Band IV includes the current (a lump sum payment made to an will eliminate retained grade and GS–15; employee) may be provided to retained pay and will adopt • Band V SSTM positions above employees converting into or hired by ‘‘maintained pay’’ provisions similar to GS–15. the JWAC–DP. An employee’s total those utilized in AFRL (75 FR 53076). 2. Business Management and monetary compensation paid in a An employee may be entitled to Professional (Pay Plan DO): calendar year may not exceed the basic maintain the employee’s current rate of • Band I includes the current GS–7 rate of pay paid in level I of the basic pay if, as a result of personnel through GS–11; Executive Schedule consistent with 5 actions that would entitle the employee • Band II includes the current GS–12 U.S.C. 5307 and 5 CFR part 530, subpart to grade or pay retention under Title 5, through GS–13; B. Further details will be published in the employee is placed in a payband • Band III includes the current the IOP. where the employee’s current rate of GS–14; 2. The JWAC Commander is basic pay exceeds the maximum rate of • Band IV includes the current authorized to approve retention, basic pay for the pay band. At the time GS–15. recruitment, and relocation incentives. of conversion, an employee on grade 3. Technician (Pay Plan DX): Unless specifically amended by this retention will be converted to the career • Band I includes the current GS–1 notice, the eligibility and path and broadband level based on the through GS–4; documentation requirements in 5 CFR assigned permanent position of record, • Band II includes the current GS–5 part 575 remain in effect. not the retained grade. An employee’s through GS–7; 3. The JWAC Commander may offer a adjusted pay will not be reduced upon • retention counteroffer to retain high Band III includes the current GS–8 conversion. Implementing instructions through GS–10; performing employees with critical will be documented in IOPs. • scientific or technical skills who present Band IV includes the current GS–11 evidence of an alternative employment C. Broadbanding through GS–12. opportunity with higher compensation. JWAC–DP will use a broadbanding 4. Mission Support (Pay Plan DU): • Such employees may be provided approach to compensation and Band I includes the current GS–1 increased base pay (up to the ceiling of classification. A broadbanding structure through GS–4; • the pay band) and/or a one-time cash will simplify the classification system, Band II includes the current GS–5 payment that does not exceed 50 reduce the number of distinctions through GS–6; percent of one year of base pay. between levels of work, and facilitate • Band III includes the current GS–7 Retention counteroffers, either in the delegation of classification authority through GS–8; form of a base pay increase or a bonus, and responsibility to line managers. • Band IV includes the current GS–9 count toward the aggregate limitation on The broadbanding structure replaces through GS–10. pay consistent with 5 U.S.C. 5307 and the GS structure. Table 1 shows the four Comparison to the GS grades was 5 CFR part 530, subpart B. Further broadband levels in each career path, useful in setting the upper and lower details will be published in the IOP. labeled I, II, III, IV, and the additional dollar limits of the broadband system; 4. Student recruitment is currently broadband level, labeled V, for SSTM however, once employees are converted limited to the local commuting area positions in the S&E career path. The or hired into the JWAC—DP, GS grades because college students often cannot broadband levels are designed to and steps no longer apply.

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The JWAC–DP will use the authority D. Classification turn, re-delegate this authority to in title 10 U.S.C. 2358a to expand the appropriate levels. HR Specialists will 1. Statement of Duties and Experience provide ongoing consultation and S&E career path to include a broadband (SDE) level V. This broadband level is guidance to managers and supervisors designed for SSTM positions, the Under the JWAC–DP’s simplified throughout the classification process. primary functions of which are: (1) To classification system, the SDE replaces The final classification decision will be the DAF Form 1003 Air Force Core engage in research and development in documented on the SDE. Personnel Document (CPD). The SDE the physical, biological, medical, or includes a description of position- 5. Classification Process engineering sciences, or another field specific information; identifies the closely related to the JWAC mission; The SDE is developed using the career path, occupational series and following process: and (2) to carry out technical broadband level; includes the factors a. The supervisor identifies the supervisory responsibilities. The SSTM and descriptors for the assigned career organizational location, SDE number, positions will be similar to those path and broadband level; and provides and the employee’s name. The described in 79 FR 43722. Panels will be data element information pertinent to supervisor selects the appropriate created to assist in filling SSTM the position. occupational series, pay plan, positions. Panel makeup will be 2. Occupational Series broadband level, and title; the level included in the IOPs. The panel will factor descriptors corresponding to the apply criteria developed largely from The present system of OPM broadband level that is most the current OPM Research Grade classification standards is used for the commensurate with the level of Evaluation Guide for positions identification of proper series and contribution necessary to accomplish exceeding the GS–15 level. Vacant occupational titles of positions within the duties and responsibilities of the the JWAC–DP. The OPM occupational SSTM positions will be competitively position; and the Defense Civilian series scheme, which frequently filled to ensure that selectees are Personnel Data System (DCPDS) provides well-recognized disciplines preeminent researchers and technical supervisory level. The classification with which employees are to be leaders in the specialty fields who also system is not hierarchical, meaning that identified, is maintained and facilitates a supervisor’s broadband level is based possess substantial managerial and movement of personnel into and out of on the contributions he/she has made to supervisory abilities. the JWAC–DP. Other series may be the organization, and not based on the Upon the implementation of the added as the need for new competencies broadband level of subordinate JWAC–DP, and periodically thereafter, emerges within the JWAC environment. employees, as is typical under other the JWAC Commander will review 3. Classification Factors and Descriptors personnel systems. Therefore, organizational and mission Current OPM Position Classification supervisors may be at the same, lower, requirements, and where appropriate, or higher broadband level than the may modify the duties of existing SSTM Standards will not be used to grade positions in the JWAC–DP. JWAC’s employees they supervise. positions and/or the total number of factors and descriptors will describe the b. The supervisor selects a brief SSTM positions. Consistent with 10 level of work expected for each description of the primary purpose of U.S.C. 2358a, the total number of SSTM broadband level in each career path. the position making sure the description positions may not exceed two percent of The AFRL classification factors and is consistent with the series and title the number of scientists and engineers descriptors published in 75 FR 5076, chosen for the position. The supervisor employed at the JWAC as of the close of August 30, 2010, and OPM classification chooses statements pertaining to the last fiscal year before the fiscal year guidance will be used as a framework to physical requirements; competencies in which any additional appointments develop JWAC specific factors and required to perform the work; and are made. The minimum basic pay for descriptors (see Appendix B). The special licenses or certifications needed. SSTM positions is 120 percent of the JWAC–DP factors and descriptors will Based on the supervisory level of the minimum rate of basic pay for GS–15. also be used for the annual position, the system produces Maximum SSTM basic pay with locality Compensation-based Contribution mandatory statements pertaining to pay is limited to Executive Level III System (CCS) employee assessments affirmative employment, safety, and (EX–III), and maximum salary without (Section III., E. 3). Factors and security programs. locality pay may not exceed EX–IV. The descriptors will be documented in c. The supervisor selects other contribution management system used JWAC IOPs. position data, such as position sensitivity and drug testing to evaluate an SSTM employee will be 4. Classification Authority documented in the JWAC IOPs. requirements. The supervisor also The JWAC Commander will have selects the Fair Labor Standards Act classification authority and may, in- (FLSA) status. The FLSA status

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selection must be in accordance with The CCS allows for more employee contribution to their supervisors. An OPM guidance and HR Specialists may involvement in the assessment process, employee’s basic pay determines an advise management as necessary. The increases communication between expected score when plotted on the data elements are maintained as a supervisors and employees, promotes a appropriate career path Standard Pay separate page of the SDE (i.e., an clear accountability of contribution, Line (SPL) (discussed in section III.E.4). addendum) and may be changed as facilitates employee career progression, Each career path has its own SPL needed, without creating and classifying provides an understandable basis for based on the salary range established for a new SDE. basic pay changes, and delinks awards that career path. Scores have a direct d. The supervisor makes a from the annual assessment process. relationship with basic pay; therefore, recommended classification, then signs The CCS process described herein the significance of an employee’s actual and dates the document. The supervisor applies to broadband levels I through score is not known until it is compared sends the SDE to the classification IV. The assessment process for to his/her expected score. For instance, authority for classification. The broadband level V positions will be an employee in the Mission Support classification is finalized when the documented in the JWAC IOPs. career path with a basic pay rate of classification official signs and dates the 2. Factors and Descriptors $33,091 in 2018 would have an SDE. The SDE development process expected score of 2.25, while an incorporates definitions for the CCS Each factor (e.g., Communication, employee in the Business Management supervisory levels, and occupational Technology/Business Management, and Professional career path with a series as appropriate. Problem Solving, and Teamwork/ basic pay rate of $74,705 would have E. Contribution-Based Compensation Leadership) has descriptors that the same expected score. The System (CCS) describe increasing levels of comparison between expected score and contribution corresponding to each OCS provides an indication of equitable 1. Overview broadband level. The same factors and compensation, under-compensation, or The CCS is a contribution-based descriptors will be used for overcompensation. (Typically, assessment system that goes beyond a classification and for the annual CCS employees who are overcompensated performance-based rating system. The employee assessments. The factors and are not meeting contribution CCS measures the employee’s descriptors for the appropriate career expectations and may be placed on a contribution to the organization’s path will be used by the rating official Contribution Improvement Plan, mission, the contribution level, and how to determine the employee’s overall described in further detail in section well the employee performed a job. contribution score (OCS). Employees III.F.) Broadband levels in each career Contribution is defined as the measure can score within, above, or below the path have the same expected score of the demonstrated value of what an range for their broadband level. For range, as depicted in Table 2 below, employee did in terms of accomplishing example, a broadband level II employee which also includes the 2018 basic pay or advancing the organizational could score in the broadband level I, II, ranges for each broadband level. As the objectives and mission impact. The III, or IV range. Therefore, supervisors general basic pay rates increase purpose of the CCS is to provide an utilize all factors and descriptors to annually, the minimum and maximum effective, efficient, and flexible method determine each employee’s contribution basic pay rates of each broadband level for assessing, compensating, and assessment. for each career path are adjusted accordingly. Individual employees managing the JWAC workforce. It is 3. CCS Assessment Scoring essential for the development of a receive basic pay increases and/or highly productive workforce and to The annual CCS assessment scoring bonuses based on the annual provide management, at the lowest process begins with employee input, assessments under the CCS. There are practical level, the authority, control, which provides employees with an no changes to title 5, U.S.C., regarding and flexibility needed to achieve a opportunity to communicate their locality pay under the JWAC–DP. quality laboratory and quality products. perceived accomplishments and level of BILLING CODE 5001–06–P

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4. Standard Pay Line (SPL) is a straight line which yields a The JWAC equation for the 2018 S&E reasonable correlation between basic (DR) and the Business Management and A mathematical relationship between pay rates in the broadband levels and Professional (DO) SPL is BASIC PAY = assessed contribution and basic pay will those of the corresponding GS grade(s); $21,011 + ($23,864 × CCS SCORE). be used to create the SPLs for each provides a single relationship (equation) Figure 1 provides a pictorial career path used in the CCS, similar to for the entire range of pay and OCS; and representation of the 2018 DR & DO the formulas adopted by AFRL in 75 FR demonstrates equitable (i.e., consistent) SPL. 53076, dated August 30, 2010. The SPL growth at each CCS score.

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The JWAC equation for the 2018 2018 Technician (DX) SPL is BASIC may be modified consistent with this Mission Support (DU) SPL is BASIC PAY = $2,183 + ($16,611 × CCS notice and the IOP. PAY = $7,353 + ($11,439 × CCS SCORE); as shown in Figures 2 and 3. SCORE), and JWAC equation for the The equations for future JWAC SPLs

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BILLING CODE 5001–06–C period. The preferable method for all of broadband level I, a factor score of 1.0 5. The CCS Assessment Process feedback sessions is face-to-face. is assigned. Higher levels of At the end of the annual assessment contribution are assigned factor scores The rating official is the first-level period, employees summarize their increasing in 0.1 increments up to 4.9. supervisor of record for at least 90 days contributions in each factor for their A factor score of 0.0 can be assigned if during the rating cycle. If the current rating official. Employees are highly the employee does not demonstrate a immediate supervisor has been in place encouraged to submit written self- minimum broadband level I for less than 90 days during the rating assessments identified to management, contribution. Likewise, a factor score of cycle, the next higher level supervisor to ensure that all of the employee’s 5.9 can be assigned if an employee in the employee’s rating chain who has contributions accomplished during the demonstrates a contribution that been in place for more than 90 days rating cycle are taken into exceeds the broadband level IV during the rating cycle conducts the consideration. The rating official first descriptor. Rating officials must assessment. determines preliminary CCS scores document justification for each using the employee’s input and the The annual assessment cycle begins proposed factor score. rating official’s assessment of the on September 1 and ends on August 31 employee’s overall contribution to the Factor scores are then averaged to give of the following year. At the beginning laboratory mission, based on the an overall CCS score (OCS). Each of the annual assessment period, the appropriate broadband level factor broadband level is defined for OCS from broadband level factors and descriptors descriptor. The preliminary score is 0.75 to 5.25 as shown in Table 2. The are provided to employees setting forth determined by comparing an employee’s maximum OCS for broadband level IV is the basis on which their contribution is contribution results to the descriptors set at 5.25, to be consistent with the assessed. for a particular factor and selecting the maximum overall CCS scores for other A midyear review, in the February to most appropriate general range (e.g., broadband levels (4.25 for broadband March timeframe, is conducted for high, medium, or low). level III, 3.25 for broadband level II, and employees. During this review the The rating officials (e.g., branch 2.25 for broadband level I). Therefore, employee’s professional qualities, chiefs) and the next level supervisors when the average of CCS factor scores competence, developmental needs, and (e.g., the respective division chief) then exceeds 5.25, the overall CCS score is mission contribution are discussed, as meet as a group (e.g., first-level Meeting set to 5.25, and the employee who was well as future development and career of Managers (MoM)) to review and scored above 5.25 will be identified to opportunities. Additionally, employees discuss all proposed employee upper management as having exceeded provide feedback to supervisors on their assessments and preliminary CCS factor the maximum contribution defined by supervisory qualities and skills. To scores. Giving authority to the group of the broadband. The maximum basic pay highlight its importance, all feedback managers to determine CCS factor scores for each broadband is the basic pay sessions are certified as completed by ensures that contributions are assessed corresponding with an X.25 OCS (i.e., the rating official conducting the and measured similarly for all 2.25, 3.25, 4.25, and 5.25). Once the feedback session. While one employees. During the MoMs, the scores have been finalized, the pay pool documented formal midyear feedback preliminary factor scores are further manager approves the scores for the session is required, supervisors are refined into decimal scores. For entire pay pool. The pay pool manager encouraged to conduct informal example, if the employee’s contribution has the ability to look across the entire feedback sessions throughout the rating level for a factor is at the lowest level pay pool and may address anomalies

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through the appropriate management 6. Pay Pools (Personnel & Readiness) may, at his/her chain. The pay pool structure is under the discretion, adjust the minimum funding If, on September 1, an employee has authority of the JWAC Commander who, levels to take into account factors such been covered by the CCS for less than in-turn, may delegate this authority. The as the Department’s fiscal condition, 90 days, the rating official waits for the following guidelines apply to pay pools: guidance from the Office of subsequent annual cycle to assess the (a) A pay pool is based on the JWAC Management and Budget, and equity in employee. Such an employee is organizational structure and should circumstances when funding is reduced considered ‘‘presumptive due to time’’ include a range of basic pay rates and or eliminated for GS pay raises or and is assigned a score at the broadband levels; (b) a pay pool must be awards. intersection of their basic pay and the large enough to constitute a reasonable 7. Basic Pay Adjustment Guidelines SPL. Periods of approved, paid leave are statistical sample, i.e., 35 or more counted toward this 90-day time period. employees; (c) a pay pool must be large The maximum basic pay for any When an employee cannot be evaluated enough to encompass a second level of employee is limited to GS–15, step 10, readily by the normal CCS assessment supervision since the CCS process uses except for employees in SSTM process due to special circumstances a group of supervisors in the pay pool positions. Any employee whose basic that take the employee away from to determine assessments and pay would exceed GS–15, step 10, based normal duties or duty station (e.g., long- recommend basic pay adjustments; (d) on his or her OCS, will be identified to term full-time training, extended sick the pay pool manager holds annual pay upper management as having exceeded leave, leave without pay, etc.), the rating adjustment authority; and (e) neither the the maximum allowable basic pay and official documents the rating as pay pool manager nor the supervisors will be paid a bonus to cover any ‘‘presumptive due to circumstance’’ in within the pay pool recommend or set difference between the GS–15, step 10, the CCS software. The rating official their own individual pay. basic pay and the basic pay associated then assesses the employee using one of The amount of money available for with his or her OCS. There are no the following options: basic pay increases within a pay pool is changes to 5 U.S.C., regarding locality • Recertify the employee’s last OCS; determined by the amount of the general pay under the JWAC–DP. or increase (‘‘G’’) authorized by law or the • Assign a score at the intersection of President for the GS under 5 U.S.C. Employees’ OCSs are determined by the employee’s basic pay and the SPL. 5303, and an incentive amount (‘‘I’’) the CCS assessment process described Basic pay adjustments, i.e., decisions drawn from money that, under the GS in Section III.E.3. Employees’ OCSs are to give or withhold basic pay increases system, would be available for step plotted on the appropriate SPL graph or bonuses, are based on the increases and career ladder promotions. based on their current basic pay as relationship between the employee’s The incentive amount is set by the PPB shown in Figure 5. The position of those actual CCS score and the employee’s each year and is adjustable to ensure points in relation to the SPL provides a current basic pay (as discussed in cost discipline over the life of the relative measure (Delta Y) of the degree section III.E.5). Decisions for seamless JWAC–DP. The dollars derived from of over-compensation or under- broadband movement (discussed in ‘‘G’’ and ‘‘I’’ percentages included in the compensation for each employee. This section III.E.6.) are also based on this pay pool are computed based on the process permits all employees within a relationship. Final pay determinations basic pay of eligible employees in the pay pool to be rank-ordered by Delta Y, and broadband level changes are made pay pool as of August 31 of each year. from the most undercompensated by the pay pool manager. The Under Secretary of Defense employee to the most overcompensated.

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In general, those employees who fall guidance from the PPB. Decisions will commensurate with the higher below the SPL (indicating under- be consistent in the pay pool within broadband level factor and descriptors. compensation; for example, employee X these general rules: Final decisions are If an employee’s contributions impact in Figure 5) should expect to receive standard and consistent within the pay and broaden the scope, nature, intent, greater basic pay increases than those pool; are fair and equitable across the and expectations of the position and are who fall above the line (indicating organization; and maintain cost reflective of higher level factors and overcompensation; for example, discipline. descriptors, the classification of the employee Z in Figure 5). An OCS that position is updated accordingly. This 8. Broadband Level Movements falls on either rail is considered to be form of movement through broadband within the rails. Over time, employees A key concept of the JWAC–DP is that levels is referred to as a seamless will migrate closer to the SPL. The career growth may be accomplished by broadband movement and can only following provides more specific seamless broadband movement, i.e., happen within the same career path; guidelines: (a) Employees who fall movement through the broadband levels employees cannot cross over career above the upper rail (for example, within a particular career path by paths through this process. The criteria employee Z in Figure 5) are given an significantly increasing levels of is similar to that used in an accretion of increase ranging from zero to a employee contribution toward the duties scenario and must be met for an maximum of the dollar amount JWAC mission. Seamless broadband employee to move seamlessly to a determined by the ‘‘G’’ percentage level movement may occur once a year higher broadband level. For seamless increase; (b) those who fall within the during the CCS process, if certain broadband movement to occur: (1) The rails (for example, employee Y in Figure conditions are met. An employee’s employee’s current position must be 5) are given a minimum of the dollar contribution is a reflection of his/her absorbed into a reclassified position, amount determined by the ‘‘G’’ OCS, which is derived from a while the employee continues to percentage increase; and (c) those who comparison of the employee’s perform the same basic duties and fall below the lower rail (for example, contribution to each of the factors and responsibilities (although at the higher employee X in Figure 5) are given at descriptors. Because the descriptors are level); and (2) the employee’s current least their basic pay multiplied by ‘‘G’’ written at progressively higher levels of position must be reclassified to a higher and ‘‘I’’ percentages. The pay pool work and are the same descriptors used broadband level as a result of manager may give a CCS bonus (a lump in the classification process, higher additional, higher-level duties and sum payment made to an employee in scores reflect that an employee’s responsibilities. It may take a number of lieu of a basic pay increase as part of the contribution is equivalent to the level years for contribution levels to increase CCS assessment process) to an employee associated with the score they are to the extent a seamless broadband as compensation, in whole or part. This awarded. An employee’s broadband movement is warranted, and not all may be appropriate in a situation when level may be increased when an employees achieve the increased the employee’s continued contribution employee consistently contributes at a contribution levels required for such at this level is uncertain. The CCS level consistent with the expectations moves. Bonus criteria will be documented in for a higher broadband level than the This simplified classification and JWAC IOPs. one to which the employee is currently broadbanding structure allows The pay pool manager sets the assigned, such as through increased management to assign duties consistent necessary guidelines for pay expertise and by performing expanded with the broadband level of a position adjustments in the pay pool based on duties and responsibilities without the necessity to process a

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personnel action and provides managers through increasing contribution rather expected to be temporary in nature. A authority to move employees between than being undercompensated at a fixed copy of this memorandum is provided positions within their current level of contribution. to the employee and to higher levels of broadband level, at any time during the To handle these special management. year. However, management also has the circumstances, employees must submit The second option is to take a formal option to fill vacancies throughout the a request for voluntary pay reduction or action by placing the employee on a year using various staffing alternatives, pay raise declination during the 30-day Contribution Improvement Plan (CIP), to include details, reassignments, or period immediately following the providing the employee an opportunity competitive selection procedures (as annual payout and document the to improve. The CIP must inform the applicable and/or required) for reasons for the request. The pay pool employee, in writing, that unless the competitive promotions or temporary manager may consider voluntary pay employee’s contribution increases and promotions (typically used for filling reductions at other times throughout the is sustained at the expected contribution supervisory positions). Employees may year, as documented in internal level, the employee may be reduced in be considered for vacancies at higher operating procedures. Management pay or removed. The supervisor will broadband level positions consistent must properly document all decisions to afford the employee a reasonable with the JWAC–DP competitive approve or disapprove such requests. improvement opportunity period, selection procedures. This type of basic pay change is not generally 30 days, to demonstrate Any resulting changes in broadband considered to be an adverse personnel increased contribution commensurate levels that occur through the CCS action. with the duties and responsibilities of process are not accompanied by pay the employee’s position. As part of an F. Dealing With Inadequate increases normally associated with employee’s opportunity to demonstrate Contributions formal promotion actions, but, rather, increased contribution, management are processed and documented with a The CCS is a contribution-based will offer appropriate assistance to the pay adjustment action to include assessment system that goes beyond a employee. appropriate changes/remarks (e.g., performance-based rating system. If an employee has been placed on a change in title (if appropriate), change Contribution is measured against CIP and afforded a reasonable in broadband level, and classification of factors, with each factor having opportunity to demonstrate increased a new SDE). The terms ‘‘promotion’’ and descriptors that describe increasing contribution, yet fails to do so, ‘‘demotion’’ are not used in connection levels of contribution corresponding to management has sole and exclusive with the CCS process. the broadband level. Employees are discretion to initiate reduction in pay or The broadbanding structure creates an plotted against the SPL based on their removal for that employee. If the overlap between adjacent broadband score and current basic pay, which employee’s contribution increases to a levels that facilitates broadband determines the amount of over- higher level during the opportunity movement. For instance, the minimum compensation or under compensation period and is again determined to basic pay for a broadband level I is that the employees are receiving. When an deteriorate in any area within two years basic pay from the SPL corresponding to employee’s contribution plots in the from the beginning of the improvement a CCS score of 0.75. And the maximum area above the upper rail of the SPL opportunity period, management has basic pay for broadband level I is that (Section III.E.3.), the employee is sole and exclusive discretion to initiate basic pay from the SPL corresponding to overcompensated for his/her level of a reduction in pay or removal with no a CCS score of 2.25. The minimum basic contribution and is considered to be in additional opportunity to improve. If an pay for broadband level II is that basic the Automatic Attention Zone (AAZ). employee has contributed appropriately pay from the SPL corresponding to a This section addresses reduction in for two years (or longer) from the CCS score of 1.75. And the maximum pay or removal of JWAC–DP employees beginning of an improvement basic pay for broadband level II is that based solely on inadequate contribution, opportunity period and the employee’s basic pay from the SPL corresponding to as determined by the amount an overall contribution once again a CCS score of 3.25. Likewise, the employee is overcompensated. The declines, management will afford the minimum basic pay for broadband level following procedures are similar to and employee an additional improvement III is that basic pay from the SPL replace those established in 5 CFR part opportunity period to demonstrate corresponding to a CCS score of 2.75, 432 pertaining to performance-based increased contribution before and so on for the different broadband reduction in grade and removal actions. determining whether or not to propose levels. This structure provides a basic Adverse action procedures under 5 CFR a reduction in pay or removal. pay overlap between broadband levels part 752 remain unchanged. The An employee is entitled to at least a that is consistent with, and similar to, immediate supervisor has two options 30-day advance notice of a proposed basic pay overlaps in the GS schedule. when an employee’s contribution plots reduction in pay or removal action. This in the AAZ. The first option is advanced notice will identify specific 9. Voluntary Pay Reduction and Pay document the employee’s inadequate instances of the employee’s inadequate Raise Declination contributions in a memorandum for contribution. The employee will be Under CCS, an employee may record. In this memorandum, the afforded a reasonable time (as stated in voluntarily request a pay reduction or a supervisor should state, in writing, the 5 U.S.C. 7513(b)(2)), but not less than voluntary declination of a pay raise specifics regarding where the employee seven days, to answer the notice of which would effectively place an failed to contribute at an adequate level proposed action, which may be done overcompensated employee’s pay closer and provide a rationale for not taking a orally and/or in writing, at the to the SPL. Since an objective of the formal action. Examples where this employee’s discretion. CCS is to properly compensate might be used are when an employee’s A decision to reduce pay or remove employees for their contribution to the contribution plots just above the upper an employee for inadequate JWAC, granting such requests is rail of the SPL, or extenuating contribution may only be based on those consistent with this goal. Under normal circumstances exist that may have instances of inadequate contribution circumstances, all employees should be decreased the employee’s overall CCS that occurred during the two-year encouraged to advance their careers score during the rating period and are period immediately preceding the date

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of the notice of proposed action is applies is not entitled to a volunteer g. A provision that states no issued. Management will issue a written assignment. The JWAC Commander will additional time will be added to a notice of its decision on reduction in document the decision process for each participant’s service credit for such pay or removal to the employee at or candidate and retain selection and non- purposes as retirement, severance pay, before the time the action will be selection documentation for the and leave as a result of being a effective. This notice will specify the duration of the assignment or two years, participant in the Volunteer Emeritus instances of inadequate contribution by whichever is longer. Corps, the employee on which the action is To ensure success and encourage h. A provision allowing either party to based and will inform the employee of participation, the volunteer’s federal void the agreement with 10 working any applicable appeal or grievance retirement pay (whether military or days written notice; rights as specified in 5 CFR 432.106. civilian) will not be affected while i. The level of security access required Management will preserve all relevant serving in a volunteer capacity. Retired (any security clearance required by the documentation concerning a reduction or separated federal employees may assignment will be managed by the in pay or removal based on inadequate accept an emeritus position without a JWAC while the participant is a member contribution and make the relevant break or mandatory waiting period. of the Volunteer Emeritus Corps); documentation available for review by Volunteers will not be permitted to j. A provision that any written the affected employee and/or the monitor contracts on behalf of the products prepared for publication that employee’s designated representative. government or to participate on any are related to Volunteer Emeritus Corps At a minimum, the documentation will contracts or solicitations where a participation will be submitted to the consist of a copy of the notice of conflict of interest exists. The same JWAC Commander for review and must proposed action; the employee’s written rules that currently apply to source be approved prior to publication; answer or a written summary of the selection members will apply to k. A statement that the Volunteer employee’s oral reply; and the written volunteers. Emeritus Corps participant accepts notice of decision to take the action, An agreement will be established accountability for loss or damage to including the reasons therefore, along between the volunteer, the JWAC Government property occasioned by the with any supporting material including Commander, and the JWAC/J1. The Volunteer Emeritus Corps participant’s documentation regarding the agreement will be reviewed by the negligence or willful action; opportunity afforded the employee to USSTRATCOM Legal Office. The 1. A statement that the activities of demonstrate increased contribution. agreement must be finalized before the the Volunteer Emeritus Corps participant on the premises will G. Voluntary Emeritus Corps assumption of duties and will include: a. A statement that the service conform to the JWAC’s regulations and The JWAC Commander has the provided is gratuitous, that the requirements; authority to offer former Federal volunteer assignment does not m. A statement that the Volunteer employees who have retired or constitute an appointment in the civil Emeritus Corps participant will not separated from the Federal service, service and is without compensation or improperly use or disclose any non- voluntary assignments at JWAC. other benefits except as provided for in public information, to include any pre- Voluntary Emeritus Corps assignments the agreement itself, and that, except as decisional or draft deliberative are not considered ‘‘employment’’ by provided in the agreement regarding information related to DoD the Federal government (except as work-related injury compensation, any programming, budgeting, resourcing, indicated below). Thus, such and all claims against the Government acquisition, procurement or other assignments do not affect an employee’s (stemming from or in connection with matter, for the benefit or advantage of entitlement to buyouts or severance the volunteer assignment) are waived by the Volunteer Emeritus Corps payments based on an earlier separation the volunteer; participant or any non-Federal entities. from Federal service. The Volunteer b. A statement that the volunteer will Volunteer Emeritus Corps participants Emeritus Corps will ensure continued be considered a federal employee for the will handle all non-public information quality research while reducing the purpose of: in a manner that reduces the possibility overall salary line by allowing higher (1) 18 U.S.C. 201, 203, 205, 207, 208, of improper disclosure; paid individuals to accept retirement 209, 603, 606, 607, 643, 654, 1905, and n. A statement that the Volunteer incentives with the opportunity to 1913; Emeritus Corps participant agrees to retain a presence in the scientific (2) 31 U.S.C. 1343, 1344, and 1349(b); disclose any inventions made in the community. This authority will be of (3) 5 U.S.C. chapters 73 and 81; course of work performed at the JWAC. most benefit during manpower (4) The Ethics in Government Act of The JWAC Commander will have the reductions as senior employees could 1978; option to obtain title to any such accept retirement and return to provide (5) 41 U.S.C. chapter 21; invention on behalf of the U.S. valuable on-the-job training or (6) 28 U.S.C. chapter 171 (tort claims Government. Should the JWAC mentoring to less experienced procedure), and any other Federal tort Commander elect not to take title, the employees. Volunteer service will not liability statute; JWAC will retain a non-exclusive, be used to replace any employee, or (7) 5 U.S.C. 552a (records maintained irrevocable, paid up, royalty-free license interfere with career opportunities of on individuals); and to practice or have practiced the employees. The Volunteer Emeritus c. The Volunteer Emeritus/Corps invention worldwide on behalf of the Corps may not be used to replace or participant’s work schedule; U.S. Government; substitute for work performed by d. The length of agreement (defined o. A statement that the Volunteer civilian employees occupying regular by length of project or time defined by Emeritus Corps participant must positions required to perform the weeks, months, or years); complete either a Confidential or Public JWAC’s mission. e. The support to be provided by the Financial Disclosure Report, whichever To be accepted into the Volunteer JWAC (travel, administrative, office applies, and ethics training in Emeritus Corps, a volunteer must be space, supplies); accordance with office of Government recommended by a JWAC manager to f. The Volunteer Emeritus Corps Ethics regulations prior to the JWAC Commander. Everyone who participant’s duties, implementation of the agreement; and

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p. A statement that the Volunteer JWAC–DP, will be provided to time of conversion receive a new basic Emeritus Corps participant must receive supervisors, employees, and the pay rate which is computed by dividing post-government employment advice administrative staff responsible for their highest adjusted basic pay (i.e., from a DoD ethics counselor at the assisting managers in effecting the special pay rate or, if higher, the locality conclusion of program participation. changeover and operating the new rate) by one plus the locality pay Volunteer Emeritus Program system. As a start the following subjects percentage for their area. The new basic participants are deemed Federal will be covered: pay rate is then multiplied by the employees for purposes of post- • An overview of the JWAC–DP locality pay percentage and the result is government employment restrictions. personnel system. added to the new basic pay rate to • How employees are converted into obtain the adjusted basic pay, which is H. Employee Development and out of the system. equal to the adjusted basic pay prior to 1. Training for Degrees: Degree • Broadbanding. conversion. training is an essential component of an • The Contribution-based Grade and pay retention entitlements organization that requires continuous Compensation System. are eliminated. At the time of acquisition of advanced and specialized conversion, an employee on grade knowledge. Degree training in the V. Conversion retention will be converted to the career academic environment of laboratories is A. Conversion to the Demonstration path and broadband level based on the also a critical tool for recruiting and Project employee’s assigned position, not the retaining employees with critical skills. retained grade. The employee’s basic Initial entry into the JWAC–DP for Constraints under current law and pay and adjusted basic pay while on covered employees is accomplished regulation limit degree payment to grade retention status will be used in through a full employee protection shortage occupations. In addition, setting appropriate pay upon conversion approach that ensures each employee an current government-wide regulations to the JWAC–DP and in determining the initial place in the appropriate authorize payment for degrees based amount of any WGI equity adjustment. broadband level without loss of pay. only on recruitment or retention needs. An employee’s adjusted basic pay will Employees are converted into the career Degree payment is currently not not be reduced upon conversion. permitted for non-shortage occupations path and broadband level which B. Conversion to Another Personnel involving critical skills. corresponds to their permanent GS Under the JWAC–DP, JWAC will grade and occupational series of their System expand the authority to provide degree current appointment (temporary 1. Demonstration Project Termination training for purposes of meeting critical promotions are not retained), unless a. In the event the JWAC–DP ends, a skill requirements, to ensure continuous there are extenuating circumstances conversion back to the former (or acquisition of advanced and specialized which require individual attention, such another applicable) Federal Civil knowledge essential to the organization, as special pay rates or pay retention. Service system may be required. The and to recruit and retain personnel Adverse action provisions do not apply grade of employees’ positions in the critical to the present and future to the conversion process as there is no new system will be based upon the requirements of the organization. It is change in total adjusted pay. position classification criteria of the expected that the degree payment Under the GS pay structure, gaining system. Employees, when authority will be used primarily for successful employees automatically converted to positions classified under attainment of advanced degrees. progress, from step 1 to 10, within the new system, may be eligible for pay 2. Sabbaticals: JWAC will have the grade, in periodic increments. In the retention under 5 CFR part 536, if authority to grant paid sabbaticals to JWAC–DP, basic pay progression within applicable. career employees to permit them to and through the broadband levels b. However, an employee will not be engage in study or uncompensated work depends on contribution to the mission, provided a lower grade than the grade experience that will contribute to their and there are no automatic within-grade held by the employee immediately development and effectiveness. Each increases (WGIs). Rules governing WGIs preceding conversion, lateral sabbatical should benefit JWAC as well under the current DAF performance reassignment, or lateral transfer into the as increase the employee’s individual plan will continue in effect until the JWAC–DP, unless since that time the effectiveness. Examples are as follows: implementation date. Adjustments to employee has undergone either a Advanced academic teaching, study, or the employees’ basic pay for WGI equity reduction in broadband level or a research; self-directed (independent) or will be computed effective the date of reduction in basic pay within the same guided study; and on-the-job work conversion to the JWAC–DP. WGI equity broadband due to unacceptable experience with a public, private, or is acknowledged by increasing basic pay contribution. nonprofit organization. Each recipient of rates by a prorated share based upon the 2. Conversion or Movement from a a sabbatical must sign a continued number of days the employee has Project Position to a General Schedule service agreement and agree to serve a performed at a successful level for Position: period equal to at least three times the purposes of eligibility for the next If a demonstration project employee is length of the sabbatical. higher step under the GS system. moving to a GS position not under the Employees at step 10 on the date of demonstration project, or if the project IV. JWAC–DP Training conversion are not eligible for WGI ends and all project employees must be The key to the success or failure of the equity adjustments since they are converted back to the GS system, the JWAC–DP will be the training provided already at the top step of the following procedures will be used to for all involved. This training will not corresponding GS pay grade. convert the employee’s broadband level only provide the necessary knowledge All employees are eligible for future to a GS-equivalent grade and the and skills to carry out the proposed locality pay increases for the employee’s JWAC–DP basic pay to the changes, but will also lead to program geographical areas of their official duty GS-equivalent rate of pay for pay setting commitment on the part of participants. station. Special salary rates are not purposes. The equivalent GS grade and Training before the beginning of applicable to JWAC–DP employees. GS rate of pay must be determined implementation, and throughout the Employees on special salary rates at the before movement or conversion out of

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the JWAC–DP and any accompanying plan adequately addresses how each evaluation of the effectiveness of the geographic movement, promotion, or flexibility is comprehensively flexibilities. However, the main focus of other simultaneous action. evaluated. the evaluation will be on intermediate An employee in a broadband level Many aspects of a Demonstration outcomes, i.e., the results of specific corresponding to a single GS grade is Project are experimental. Minor personnel system changes which are placed into that grade as the GS- modifications may be made from time to expected to improve human resources equivalent grade. An employee in a time as experience is gained, results are management. The ultimate outcomes are broadband corresponding to two or analyzed, and conclusions are reached defined as improved organizational more grades is determined to have a GS on how the system is working. effectiveness, mission accomplishment, equivalent grade corresponding to one and JWAC customer satisfaction. of those grades according to the VII. Evaluation Plan following rules: A. Overview C. Method of Data Collection The employee’s adjusted basic pay Chapter 47 of 5 U.S.C. requires that an under the JWAC–DP (including any Data from a variety of different evaluation be performed to measure the locality payment) is compared with step sources will be used in the evaluation. effectiveness of the demonstration 4 rates in the highest applicable GS rate Information from existing management project, and its impact on improving range. For this purpose, a GS rate range public management. A comprehensive information systems supplemented with includes a rate in: evaluation plan for the entire STRL perceptual survey data from employees i. The GS base schedule; will be used to assess variables related ii. the locality rate schedule for the demonstration program, originally covering 24 DoD laboratories, was to effectiveness. Multiple methods locality pay area in which the position provide more than one perspective on is located; or developed by a joint OPM/DoD how the JWAC–DP is working. iii. the appropriate special rate Evaluation Committee in 1995. This schedule for the employee’s plan was submitted to the Office of Information gathered through one occupational series, as applicable. Defense Research & Engineering and method will be used to validate If the series is a two-grade interval was subsequently approved. The main information gathered through another. series, only odd-numbered grades are purpose of the evaluation is to Confidence in the findings will increase considered below GS–11. determine whether the waivers granted as they are substantiated by the different 3. For lateral reassignments, the result in a more effective personnel collection methods. The following types equivalent GS grade and rate will system and improvements in ultimate of qualitative and/or quantitative data become the employee’s converted GS outcomes (i.e., organizational may be collected as part of the grade and rate after leaving the JWAC– effectiveness, mission accomplishment, evaluation: (1) Workforce data; (2) DP (before any other action). and customer satisfaction). That plan, personnel office data; (3) employee For transfers, promotions, and other while useful, is dated and does not fully attitudes and feedback using surveys, actions, the converted GS grade and rate afford the laboratories the ability to structured interviews, and focus groups; will be used in applying any GS pay evaluate all aspects of the (4) local activity histories; and/or, (5) administration rules applicable in demonstration project in a way that core measures of laboratory connection with the employee’s fully facilitates assessment and effective effectiveness. movement out of the JWAC–DP (e.g., modification based on actionable data. promotion rules, highest previous rate Therefore, in conducting the evaluation VII. Demonstration Project Costs rules, and/or pay retention rules), as if JWAC will ensure USD(R&E) evaluation the GS converted grade and rate were requirements are met in addition to Costs associated with the actually in effect immediately before the applying knowledge gained from other development of the JWAC–DP system employee left the JWAC–DP. DoD laboratories and their evaluations include software automation, training, to ensure a timely, useful evaluation of and project evaluation. All funding will VI. Project Duration and Changes the demonstration project. be provided through JWAC’s budget. Pub. L. 103–337 removed the The timing of the expenditures depends mandatory expiration date for STRL B. Evaluation Model on the implementation schedule. The Demonstration Projects, such as the An evaluation model for the JWAC– projected annual expenses for each area JWAC–DP. The JWAC–DP evaluation DP will identify elements critical to an is summarized in Table 2.

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IX. Required Waivers to Law and Period. This section waived only to the 20. Chapter 53, sections 5301–5307: Regulation extent necessary to replace ‘‘grade’’ with Related to pay comparability system and Pub. L. 103–337 gave the DoD the ‘‘broadband level.’’ GS pay rates. Waived to the extent authority to experiment with several 10. Chapter 33, section 3324 and necessary to allow JWAC–DP personnel management innovations. In section 3325: Appointments to Positions employees, including SSTM employees, addition to the authorities granted by Classified Above GS–15. Waived in to be treated as GS employees, and to the law, the following are the waivers of entirety to allow SSTM authority as allow basic rates of pay under the law and regulation that will be described in this FRN and 79 FR 43722. demonstration project to be treated as necessary for implementation of the 11. Chapter 33, section 3327: Civil scheduled rates of pay. SSTM pay will JWAC–DP. In due course, additional service employment information. not exceed EX–IV and locality adjusted laws and regulations may be identified Waived to the extent necessary to allow SSTM rates will not exceed EX III. for waiver requests. public notice other than USAJobs for the 21. Chapter 53, sections 5331–5336: The following waivers and Distinguished Scholastic Achievement General Schedule pay rates. These adaptations of certain 5 U.S.C. Authority described in this FRN. waivers apply to the extent necessary to: provisions are required only to the 12. Chapter 33, section 3330: (1) Allow JWAC–DP employees to be extent that these statutory provisions Government-wide list of vacant treated as GS employees; (2) allow the limit or are inconsistent with the actions positions. Waived to the extent provisions of this FRN pertaining to contemplated under this demonstration necessary to allow public notice other setting rates of pay; and (3) waive project. Nothing in this plan is intended than USAJobs for the Distinguished sections 5335 and 5336 in their entirety. to preclude the JWAC–DP from adopting Scholastic Achievement Authority 22. Chapter 53, sections 5361–5366: or incorporating any law or regulation described in this FRN. Grade and pay retention. Waived to the enacted, adopted, or amended after the 13. Chapter 33, section 3341: Details. extent necessary to allow for the effective date of this demonstration This waiver applies to the extent elimination of pay and grade retention project. necessary to waive the time limits for provisions as described in this FRN. details. 23. Chapter 55, section 5542(a)(1)–(2): A. Title 5, United States Code 14. Chapter 35, section 3522: Agency Overtime rates; computation. These 1. Chapter 5, section 522a: Records. VSIP Plans approval. Waived to remove sections are adapted only to the extent Waived to the extent required to clarify the requirement to submit a plan to necessary to provide that the GS–10 that volunteers under the Voluntary OPM prior to obligating any resources minimum special rate (if any) for the Emeritus Corps are considered for voluntary separation incentive special rate category to which a project employees of the Federal government payments. employee belongs is deemed to be the for purposes of this section. 15. Chapter 35, section 3523(b)(3): ‘‘applicable special rate’’ in applying the 2. Chapter 29, section 2903: Oath; Related to voluntary separation pay cap provisions in 5 U.S.C. 5542. authority to administer. Waived insofar incentive payments. Waived to the 24. Chapter 55, section 5545(d): as the JWAC Commander may extent necessary to utilize the Hazardous duty differential. This waiver administer the oath of office. authorities authorized in 82 FR 43339. applies only to the extent necessary to 3. Chapter 31, section 3104: 16. Chapter 41, section 4107: Pay for allow JWAC–DP employees to be treated Employment of Specially Qualified Degrees. Waived to the extent necessary as GS employees. Scientific and Professional Personnel. to allow degree training under the 25. Chapter 57, section 5753: Waived to allow SSTM authority as Developmental Opportunities described Recruitment and Relocation Bonuses. described in this FRN and 79 FR 43722. in this FRN. Waived to the extent necessary to allow 4. Chapter 31, section 3132: The 17. Chapter 41, section 4108. JWAC–DP employees, including SSTM Senior Executive Service; Definitions Employee Agreements; Service after employees, to be treated as GS and exclusions. Waived to allow SSTM Training. Waived to the extent employees. authority as described in this FRN and necessary to (1) provide that the 26. Chapter 57, section 5754: 79 FR 43722. employee’s service obligation is to Relocation Bonuses. Waived to the 5. Chapter 33, Subchapter 1, JWAC for the period of the required extent necessary to allow provisions of Examination, Certification, and service; (2) permit the JWAC the retention counteroffer and Appointment. Waived to the extent Commander to waive in whole or in part incentives as described in this FRN. necessary to utilize the authorities a right of recovery; and (3) require an 27. Chapter 57, section 5755: authorized in 82 FR 43339. employee in the student educational Supervisory Differentials. Waived to the 6. Chapter 33, section 3308: employment program who has received extent necessary to allow SSTM Competitive Service; Examinations; tuition assistance to sign a service supervisory pay differential provisions Educational Requirements Prohibited. agreement up to three times the length as described in 79 FR 43722. This section is waived with respect to of the training. 28. Chapter 75, sections 7501(1), the scholastic achievement appointment 18. Chapter 43, sections 4301–4305: 7511(a)(1)(A)(ii), and 7511(a)(1)(C)(ii): authority. Related to performance appraisal. These Adverse Actions—Definitions. Waived 7. Chapter 33, section 3317(a), sections are waived to the extent to the extent necessary to: (1) Allow for Competitive Service; certification from necessary to allow provisions of the up to a three-year probationary period, registers. Waived insofar as ‘‘rule of Contribution-based Compensation (2) remove the reference to one year of three’’ is eliminated. System as described in this FRN. current continuous service, and (3) 8. Chapter 33, section 3318(a), 19. Chapter 51, sections 5101–5112: permit termination during the extended Competitive Service; selection from Related to classification standards and probationary period without using certificates. Waived insofar as ‘‘rule of grading. Waived to the extent that white adverse action procedures for those three’’ is eliminated under the JWAC– collar employees will be covered by the employees serving a probationary DP. broadbanding system and to the extent period under an initial appointment 9. Chapter 33, section 3321: necessary to allow classification except for those with veterans’ Competitive Service; Probationary provisions described in this FRN. preference.

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29. Chapter 75, section 7512(3): the hiring and appointment authorities Schedule. Waived to the extent Adverse actions. This waiver applies as described in this FRN; (4) eliminate necessary to allow classification only to the extent necessary to replace the ‘‘rule of three’’ requirement; and (5) provisions outlined in this FRN, to ‘‘grade’’ with ‘‘broadband level’’ and to to extend the length of details and include the list of issues that are neither exclude reductions in broadband level temporary promotions without requiring appealable nor reviewable, the not accompanied by a reduction in pay. competitive procedures as described in assignment of series under the JWAC– 30. Chapter 75, section 7512(4): this FRN. DP plan to appropriate career paths; and Adverse actions. This waiver applies 9. Part 337.101(a): Rating applicants. to allow informal appeals to be decided only to the extent necessary to provide Waived to the extent necessary to allow by the JWAC Commander. that adverse action provisions do not referral without rating when there are 15 17. Part 530, Subpart C: Special salary apply to conversions from GS special or fewer qualified candidates and no rates. Waived in its entirety. rates to JWAC–DP pay, as long as total qualified preference eligible candidates. 10. Part 338.301: Competitive service 18. Part 531, Subparts B, D, and E: pay is not reduced. Determining rate of basic pay, within- 31. Chapter 99, section 9902(f): appointment. Waived to allow for grade increases, and quality step Related to voluntary separation Distinguished Scholastic Achievement increases. Waived in its entirety. incentive payments. Waived to the Authority grade point average extent necessary to utilize the requirements as described in this FRN. 19. Part 531, Subpart F: Locality pay. authorities authorized in 82 FR 43339. 11. Part 359.705: Removal from the This waiver applies only to the extent Executive Service, Pay. Waived to allow necessary to allow JWAC–DP B. Title 5, Code of Federal Regulations demonstration project rules governing employees, including SSTMs, to be 1. Part 300–330, Employment pay retention to apply to a former SES treated as GS employees, and basic rates (General) other than Subpart G of 300. employee placed in an SSTM or of pay under the demonstration project Waived to the extent necessary to allow broadband level IV position. to be treated as scheduled annual rates provisions of the direct hire authorities 12. Part 410, section 410.308(a–f): of pay. This waiver does not apply to ST as described in 79 FR 43722 and 82 FR Training to obtain an academic degree. employees who continue to be covered 29280. Waived to the extent necessary to allow by these provisions, as appropriate. 2. Part 300.601–300.605: Time-in- provisions described in this FRN. 20. Part 536: Grade and pay retention. Grade requirements. Waived to 13. Part 410, section 309: Agreements Waived to the extent necessary to allow eliminate time-in-grade restrictions. to continue in Service. This waiver the maintained pay provisions 3. Part 315.801–315.802: Probationary applies to that portion that pertains to described in this FRN and to allow Period. Waived to allow the extended the authority of the head of the agency personnel in SSTM positions to receive probationary period. to determine continued service maintained pay as described in this 4. Part 315.803(b): Agency Action requirements, to waive repayment of FRN. during probationary period (general). such requirements, and to the extent 21. Part 550.703: Severance Pay. This Waived to allow for termination during that the service obligation is to JWAC. waiver applies only to the extent 14. Part 430, Subpart B: Performance an extended probationary period necessary to modify the definition of Appraisal for General Schedule, without using adverse action procedures ‘‘reasonable offer’’ by replacing ‘‘two Prevailing Rate, and Certain Other under subpart D of part 752, 5 U.S.C. grades or pay levels’’ with ‘‘one band Employees. Waived to the extent 5. Part 315, section 315.901 and level’’ and ‘‘grade or pay level’’ with necessary to apply the Contribution- 315.907: Statutory requirements. This ‘‘band level.’’ waiver applies only to the extent based Compensation System described necessary to replace ‘‘grade’’ with in this FRN. 22. Part 575, subparts A, B, and C: ‘‘broadband level.’’ 15. Part 432.102—432.105: Related to Recruitment Incentives, Relocation 6. Part 316, sections 316.301, 316.303, performance based actions. (1) Modified Incentives, and Retention Incentives. and 316.304: Term Employment. to the extent that an employee may be Waived to the extent necessary to allow Waived to the extent necessary to allow removed, reduced in broadband level employees and positions under the Flexible Length and Renewable Term with a reduction in pay, reduced in pay JWAC–DP covered by the broadbanding Technical Appointments as described in without a reduction in broadband level system to be treated as employees and this FRN and in 82 FR 43339. and reduced in broadband level without positions under the GS system. 7. Part 330.103–330.105: Related to a reduction in pay based on 23. Part 752, sections 752.201 and filling vacancies. Waived to the extent unacceptable performance; (2) modified 752.401: Principal statutory necessary to allow the STRL to publish to delete reference to critical element; requirements and coverage. Waived to competitive announcements outside of (3) waived to the extent necessary to the extent necessary to: (1) Allow USAJobs. replace ‘‘grade’’ with ‘‘broadband’’; (4) extended probationary periods and to 8. Part 332 and 335: Related to waived to exclude reductions in permit termination during the extended competitive examination and agency broadband level not accompanied by a probationary period without using promotion programs. Waived to the reduction in pay; (5) allow provisions of adverse action procedures for those extent necessary to (1) allow employees CCS and addressing inadequate individuals serving a probationary appointed on a Flexible Length and contribution as described in this FRN; period under an initial appointment; (2) Renewable Term Technical and (6) waive ‘‘If an employee has replace ‘‘grade’’ with ‘‘broadband level’’; Appointment to apply for federal performed acceptably for 1 year’’ to and (3) provide that adverse action positions as status candidates; (2) allow allow for ‘‘within two years’’ from the provisions do not apply to conversions no rating and ranking when there are 15 beginning of an opportunity period. from GS special rates to JWAC–DP pay, or fewer qualified applicants and no 16. Part 511 Subpart A, B, and F: so long as total pay is not reduced. preference eligible candidates; (3) allow Classification Under the General BILLING CODE 5001–06–P

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Dated: November 15, 2019. providing information and Mr. Kevin McDaniels, the Committee’s Aaron T. Siegel, recommendations to the U.S. Army Designated Federal Officer, at the email Alternate OSD Federal Register Liaison Corps of Engineers, Little Rock District address listed in the FOR FURTHER Officer, Department of Defense. Engineer on revisions to the Table Rock INFORMATION CONTACT section. [FR Doc. 2019–25199 Filed 11–20–19; 8:45 am] Lake Master Plan and Shoreline Written Comments and Statements: Management Plan. The TRLOC may BILLING CODE 5001–06–C Pursuant to 41 CFR 102–3.105(j) and also, at the discretion of the District 102–3.140 and section 10(a)(3) of the Engineer, review any permit to be DEPARTMENT OF DEFENSE issued under the provisions of the Federal Advisory Committee Act, the existing master plan and shoreline public or interested organizations may Department of the Army, Corps of management plan until any approved submit written comments or statements Engineers revisions are finalized and become part to the Committee, in response to the of the formal governing documents. stated agenda of the open meeting or in Table Rock Lake Oversight Committee regard to the Committee’s mission in Meetings Notice Proposed Agendas general. Written comments or AGENCY: Department of the Army, U.S. Agenda—Meeting 1 statements should be submitted via email to CESWL-TableRockSMP_FAC@ Army Corps of Engineers, DoD. I. Call to Order, DFO and TRLOC usace.army.mil or by mail to the US ACTION: Notice of open committee Chairperson meetings and request for comments. II. Corps Presentation on Draft Master Army Corps of Engineers, Table Rock and Shoreline Management Plans Lake Oversight Committee, P.O. Box SUMMARY: The Department of the Army III. Committee Discussion/Questions on 867, Little Rock, Arkansas 72203–0867. is publishing this notice to announce Master Plan Each page of the comment or statement the following Federal advisory IV. Committee Discussion/Questions on must include the author’s name, title or committee meetings of the Table Rock Shoreline Management Plan affiliation, address, and daytime phone Lake Oversight Committee (TRLOC). V. Adjournment number. Written comments or The meetings are open to the public. statements being submitted in response Public comments are requested. Agenda—Meeting 2 to the agenda set forth in this notice DATES: The meetings will be held on: I. Call to Order, DFO and TRLOC must be received by the Designated Meeting 1: Thursday, December 12, Chairperson Federal Officer at least seven business 2019, 8 a.m. to 12 p.m. II. Public Comment Session days prior to the third meeting to be Meeting 2: Thursday, January 23, 2020, III. Committee Discussion/Questions/ considered by the Committee. The 8 a.m. to 5 p.m. Recommendations on Master Plan Designated Federal Officer and the Meeting 3: Thursday, March 5, 2020, 8 IV. Committee Discussion/Questions/ Committee Chair will review all timely a.m. to 5 p.m. Recommendations on Shoreline submitted written comments or Meeting 4: Wednesday, May 6, 2020, 8 Management Plan statements and ensure the comments are a.m. to 12 p.m. V. Adjournment provided to all members of the ADDRESSES: The meetings are being held Agenda—Meeting 3 Committee before the meeting. Written at Dewey Short Visitor Center, Table I. Call to Order, DFO and TRLOC comments or statements received after Rock Lake, 4500 MO–165, Branson, MO Chairperson this date will not be provided to the 65616. II. Corps Presentation on Draft Master Committee, as their final FOR FURTHER INFORMATION CONTACT: Mr. and Shoreline Management Plans recommendations will be submitted to Kevin McDaniels, Designated Federal III. Public Comment Session the District Engineer for consideration Officer (DFO) for the Committee, in IV. Committee Discussion/Questions/ during the third meeting. Please note writing at U.S. Army Corps of Recommendations on Master Plan that because the TRLOC operates under Engineers, Little Rock District, V. Committee Discussion/Questions/ the provisions of the Federal Advisory Operations Division, P.O. Box 867, Recommendations on Shoreline Committee Act, as amended, all written Little Rock, Arkansas 72203–0867, or by Management Plan comments will be treated as public email at CESWL–TRLOC–DFO@ VI. Adjournment documents and will be made available usace.army.mil. Agenda—Meeting 4 for public inspection. SUPPLEMENTARY INFORMATION: These Pursuant to 41 CFR 102–3.140d, the I. Call to Order, DFO and TRLOC meetings are being held pursuant to the Committee is not obligated to allow a Chairperson implementation of Section 1185(c) of member of the public to speak or the Water Resources Development Act II. Corps Presents Final Master Plan and Shoreline Management Plan otherwise address the Committee during of 2016 (130 Stat. 1680) and under the the meeting. Members of the public will provisions of the Federal Advisory III. Committee Questions/Comments on be permitted to make verbal comments Committee Act (FACA) (Pub. L. 92–463, Final Plans during the Committee meeting only at 86 Stat. 770.), the Sunshine in the IV. Adjournment Government Act of 1976 (U.S.C. 552b, Public’s Accessibility to the Meeting: the time and in the manner described as amended) and 41 Code of the Federal Pursuant to 5 U.S.C. 552b and 41 CFR below. A three (3) hour period will be Regulations (CFR 102–3.150). 102–3.140 through 102–3.165, and the provided near the beginning of Meeting Purpose of the Meetings: The TRLOC availability of space, each meeting is 2 and Meeting 3 for verbal comments. In is an independent Federal advisory open to the public. Seating is on a first- the interest of time and for allowing committee established as directed by come, first-served basis. The Dewey everyone to be heard, individuals will Section 1185(c) of the Water Resources Short Visitor Center is readily accessible be given a maximum of 2 minutes to Development Act of 2016 (130 Stat. to and usable by persons with address their comments to the TRLOC. 1680). The committee is advisory in disabilities. For additional information Individuals will not be allowed to nature only with duties to include about public access procedures, contact transfer time to other individuals. A

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court reporter will be in attendance to partially closed to the public because Board Members are expected to conduct record the TRLOC meetings. the discussions during the executive deliberations regarding potential session from 11 a.m. to noon (12 p.m.) Recommendations to the Secretary of Brenda S. Bowen, will be concerned with matters Energy. Army Federal Register Liaison Officer. protected under sections 552b(c)(5), (6), CONTACT PERSON FOR MORE INFORMATION: [FR Doc. 2019–25252 Filed 11–20–19; 8:45 am] and (7) of title 5, United States Code. Glenn Sklar, General Manager, Defense BILLING CODE 3720–58–P Due to circumstances beyond the Nuclear Facilities Safety Board, 625 control of the Department of Defense Indiana Avenue NW, Suite 700, (DoD) and the Designated Federal DEPARTMENT OF DEFENSE Washington, DC 20004–2901, (800) 788– Officer, the U.S. Naval Academy Board 4016. This is a toll-free number. of Visitors was unable to provide public Department of the Navy Dated: November 19, 2019. notification required by 41 CFR 102– Bruce Hamilton, Meeting of the U.S. Naval Academy 3.150(a) concerning the meeting on Chairman. Board of Visitors December 2, 2019 of the U.S. Naval Academy Board of Visitors. [FR Doc. 2019–25395 Filed 11–19–19; 4:15 pm] AGENCY: Department of the Navy, DoD. Accordingly, the Advisory Committee BILLING CODE 3670–01–P ACTION: Notice of partially closed Management Officer for the Department meeting. of Defense, pursuant to 41 CFR 102– 3.150(b), waives the 15-calendar day DEPARTMENT OF EDUCATION SUMMARY: The U.S. Naval Academy notification requirement. Board of Visitors will meet to make such [Docket ID ED–2019–FSA–0082] inquiry, as the Board deems necessary, Authority: 5 U.S.C. 552b. into the state of morale and discipline, Dated: November 18, 2019. Privacy Act of 1974; Matching Program the curriculum, instruction, physical D.J. Antenucci, AGENCY: Department of Education. equipment, fiscal affairs, and academic Commander, Judge Advocate General’s Corps, ACTION: methods of the Naval Academy. Notice of a new matching U.S. Navy, Federal Register Liaison Officer. program. DATES: The open session of the meeting [FR Doc. 2019–25219 Filed 11–20–19; 8:45 am] will be held on December 2, 2019, from BILLING CODE 3810–FF–P SUMMARY: This provides notice of the re- 9 a.m. to 11 a.m. The executive session establishment of a matching program held from 11 a.m. to noon (12 p.m.) will between the Department of Education be the closed portion of the meeting. DEFENSE NUCLEAR FACILITIES (Department or ED) and the Selective ADDRESSES: The meeting will be held at SAFETY BOARD Service System (SSS). Under the the United States Naval Academy in Solomon Amendment to the Military Annapolis, MD. The meeting will be Sunshine Act Meetings Selective Service Act Section 12(f), handicap accessible. young men who are required under FOR FURTHER INFORMATION CONTACT: TIME AND DATE: 11:00 a.m., November 21, Section 3 of the Military Selective Lieutenant Commander Lawrence 2019. Service Act to be registered with SSS Heyworth IV, USN, Executive Secretary PLACE: Defense Nuclear Facilities Safety must fulfill the registration requirement to the Board of Visitors, Office of the Board, 625 Indiana Avenue NW, Suite in order to be eligible for any form of Superintendent, U.S. Naval Academy, 700, Washington, DC 20004. assistance or benefits provided under Annapolis, MD 21402–5000, 410–293– STATUS: Closed. During the closed title IV of the Higher Education Act of 1503. meeting, the Board Members will 1965, as amended (HEA). This matching SUPPLEMENTARY INFORMATION: This discuss issues dealing with potential program enables ED to prevent improper notice of meeting is provided per the Recommendations to the Secretary of payments to those applicants who are Federal Advisory Committee Act, as Energy. The Board is invoking the not eligible under the Military Selective amended (5 U.S.C. App.). The executive exemptions to close a meeting described Service Act to receive any form of session of the meeting from 11:00 a.m. in 5 U.S.C. 552b(c)(3) and (9)(B) and 10 assistance or benefit provided under to 12:00 p.m. on December 2, 2019, will CFR 1704.4(c) and (h). The Board has title IV of the HEA. consist of discussions of new and determined that it is necessary to close DATES: Submit your comments on the pending administrative or minor the meeting since conducting an open proposed matching program on or disciplinary infractions and non-judicial meeting is likely to disclose matters that before December 23, 2019. punishments involving midshipmen are specifically exempted from The matching program will be attending the Naval Academy to include disclosure by statute, and/or be likely to effective whichever date is the latest of but not limited to, individual honor or significantly frustrate implementation of the following two dates: (1) January 2, conduct violations within the Brigade, a proposed agency action. In this case, 2020, or (2) 30 days after the publication the disclosure of which would the deliberations will pertain to of this notice, on November 21, 2019, constitute a clearly unwarranted potential Board Recommendations unless comments have been received invasion of personal privacy. For this which, under 42 U.S.C. 2286d(b) and from interested members of the public reason, the executive session of this (h)(3), may not be made publicly requiring modification and meeting will be closed to the public, as available until after they have been republication of the notice. The the discussion of such information received by the Secretary of Energy or matching program will continue for 18 cannot be adequately segregated from the President, respectively. months after the effective date and may other topics, which precludes opening MATTERS TO BE CONSIDERED: The meeting be extended for up to an additional 12 the executive session of this meeting to will proceed in accordance with the months thereafter, if the conditions the public. Accordingly, the Department closed meeting agenda which is posted specified in 5 U.S.C. 552a(o)(2)(D) have of the Navy/Assistant for on the Board’s public website at been met. Administration has determined in www.dnfsb.gov. Technical staff may ADDRESSES: Submit your comments writing that the meeting shall be present information to the Board. The through the Federal eRulemaking Portal

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or via postal mail, commercial delivery, form of assistance or benefit provided Register. You may access the official or hand delivery. We will not accept under title IV of the HEA to any person edition of the Federal Register and the comments submitted by fax or by email required to present himself for, and Code of Federal Regulations at or those submitted after the comment submit to, registration under Section 3 www.govinfo.gov. At this site you can period. To ensure that we do not receive of the MSSA (50 U.S.C. 3802) but who view this document, as well as all other duplicate copies, please submit your fails to do so in accordance with that documents of this Department comments only once. In addition, please section and any rules and regulations published in the Federal Register, in include the Docket ID at the top of your issued under that section. In addition, text or Portable Document Format comments. Section 12(f)(2) of the MSSA specifies (PDF). To use PDF you must have • Federal eRulemaking Portal: Go to that any person required to present Adobe Acrobat Reader, which is www.regulations.gov to submit your himself for, and submit to, registration available free at the site. comments electronically. Information under Section 3 of the MSSA must file You may also access documents of the on using Regulations.gov, including a statement with the institution of Department published in the Federal instructions for accessing agency higher education where the person Register by using the article search documents, submitting comments, and intends to attend or is attending that he feature at www.federalregister.gov. viewing the docket, is available on the is in compliance with the MSSA. Specifically, through the advanced site under the ‘‘help’’ tab. Furthermore, Section 12(f)(3) of the search feature at this site, you can limit • Postal Mail, Commercial Delivery, MSSA authorizes the Secretary of your search to documents published by or Hand Delivery: If you mail or deliver Education, in agreement with the the Department. your comments about this proposed Director of the Selective Service System, Mark A. Brown, matching program, address them to to prescribe methods for verifying the Marya Dennis, Management and statements of compliance filed by Chief Operating Officer, Federal Student Aid. Program Analyst, U.S. Department of students. [FR Doc. 2019–25290 Filed 11–20–19; 8:45 am] Education, Federal Student Aid, Union Purpose(s): The matching program, BILLING CODE 4000–01–P Center Plaza, 830 First Street NE, which has been in effect since December Washington, DC 20002–5345. 6, 1985, will permit ED to confirm the registration status of applicants for, or DEPARTMENT OF EDUCATION Privacy Note: The Department’s policy is recipients of, financial assistance under to make all comments received from title IV of the HEA, as authorized by Notice of Investigation and Record members of the public available for public Requests viewing in their entirety on the Federal section 484(n) of the HEA (20 U.S.C. eRulemaking Portal at www.regulations.gov. 1091(n)). AGENCY: Office of the General Counsel, Therefore, commenters should be careful to Categories of Individuals: The Department of Education. include in their comments only information individuals included in this matching ACTION: Notice. that they wish to make publicly available. program are FAFSA applicants who answer ‘‘Male’’ or ‘‘Blank’’ to the FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department publishes question ‘‘Are you Male or Female.’’ Of letters, dated September 26, 2019, Marya Dennis, Management and this group, FAFSA applicants are Program Analyst, U.S. Department of notifying the University of Maryland included who were born after December and the Massachusetts Institute of Education, Federal Student Aid, Union 31, 1959, and indicate that they are Center Plaza, 830 First Street NE, Technology of investigations related to registered with the Selective Service the universities’ reports of defined gifts Washington, DC 20002–5345. and, applicants who request to be Telephone: (202) 377–3385. and contracts, including restricted and registered for the Selective Service on conditional gifts or contracts, from or SUPPLEMENTARY INFORMATION: We the FAFSA and are at least 17-years-old with a statutorily defined foreign provide this notice in accordance with on the date they file the FAFSA for the source. the Privacy Act of 1974, as amended applicable award year. (Privacy Act) (5 U.S.C. 552a); Office of Categories of Records: The data FOR FURTHER INFORMATION CONTACT: Management and Budget (OMB) Final elements sent in the record include: Patrick Shaheen, U.S. Department of Guidance Interpreting the Provisions of Name, Social Security number, Date of Education, Office of the General Public Law 100–503, the Computer Birth, Address, FAFSA signature date Counsel, 400 Maryland Ave. SW, Room Matching and Privacy Protection Act of (date used to determine the student’s 6E300, Washington, DC 20202. 1988, 54 FR 25818 (June 19, 1989); and age), and the applicant’s Signature Flag Telephone: (202) 453–6339. Email: OMB Circular No. A–108. (to confirm authorization). [email protected]. Participating Agencies: ED and SSS. System(s) of Records: SSS system of If you use a telecommunications Authority for Conducting the Records: Selective Service Registration device for the deaf (TDD) or a text Matching Program: The information Records (SSS 9), (76 FR 58321, telephone (TTY), call the Federal Relay contained in the SSS database is September 20, 2011) and the Service, toll free, at 1–800–877–8339. referred to as the Registration, Department of Education Federal SUPPLEMENTARY INFORMATION: The Compliance and Verification System Student Aid Application File (18–11– Department publishes letters, dated (RCV), which contains the Selective 01), (76 FR 46774, August 3, 2011). September 26, 2019, notifying the Service System Registrants Registration Accessible Format: Individuals with University of Maryland and the Records (SSS 9). ED seeks access to the disabilities can obtain this document in Massachusetts Institute of Technology RCV for the purpose of confirming the an accessible format (such as, braille, of investigations related to the registration status of applicants for large print, audiotape, or compact disc) universities’ reports of defined gifts and assistance under title IV of the Higher on request to the contact person listed contracts, including restricted and Education Act of 1965 (HEA), as under FOR FURTHER INFORMATION conditional gifts or contracts, from or amended (20 U.S.C. 1070 et seq.). CONTACT. with a statutorily defined foreign Section 12(f) of the Military Selective Electronic Access to This Document: source. The letter to the University of Service Act (MSSA), as amended (50 The official version of this document is Maryland is in Appendix A of this U.S.C. 3811(f)), denies eligibility of any the document published in the Federal notice. The letter to the Massachusetts

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Institute of Technology is in Appendix Catalyst Fund’’, or the ‘‘Maryland 5. All records of, regarding, or B of this notice. International Incubator’’, and their referencing the audit and accounting Accessible Format: Individuals with employees, faculty, lecturers, practices and/or other institutional disabilities can obtain this document in researchers, and fellows) (collectively controls used to capture, track, report, an accessible format (e.g., braille, large ‘‘UMD’’) as required by law. See, e.g., and verify gifts, contracts, and/or print, audiotape, or compact disc) on https://president.umd.edu/ restricted or conditional gifts or request to the person listed under FOR communications/statements/umds- contracts from or with a foreign source FURTHER INFORMATION CONTACT. commitment-international- to your Institution. The time frame for Electronic Access to This Document: collaborations-and-international- this request is January 1, 2014, to the The official version of this document is community. present. the document published in the Federal Section 117(f), 20 U.S.C. § 1011f(f), 6. A list of all gifts, contracts, and/or Register. You may access the official provides that whenever it appears an restricted or conditional gifts or edition of the Federal Register and the institution has failed to comply with the contracts from or with a foreign source Code of Federal Regulations at law, the Secretary of Education may to your Institution that were not www.govinfo.gov. At this site you can request the Attorney General commence properly reported to the Department of view this document, as well as all other an enforcement action to compel Education. For each such gift, contract, documents of this Department compliance and to recover the full costs and/or restricted or conditional gift or published in the Federal Register, in to the United States of obtaining contract from or with a foreign source to text or Portable Document Format compliance, including all associated your Institution, please explain your (PDF). To use PDF you must have costs of investigation and enforcement. Institution’s failure to report. The time Adobe Acrobat Reader, which is To meet our statutory duty, the frame for this request is January 1, 2014, available free at the site. Department has opened an to the present. You may also access documents of the administrative investigation and now 7. All records of, regarding, or Department published in the Federal requests UMD produce the following referencing solicitation by your Register by using the article search records within thirty days: Institution of gifts, contracts, and/or feature at www.federalregister.gov. 1. All records of, regarding, or restricted or conditional gifts or Specifically, through the advanced referencing gifts, contracts, and/or contracts with or from a foreign source. search feature at this site, you can limit restricted or conditional gifts or The time frame for this request is your search to documents published by contracts from or with a foreign source January 1, 2014, to the present. 8. All records of, regarding, or the Department. to your Institution. The time frame for Program Authority: 20 U.S.C. 1011f. this request is January 1, 2014, to the referencing compliance by your present. Institution with 20 U.S.C. §§ 1011f(a), Reed D. Rubinstein, 2. All records of, regarding, or (b), (c), and (e). The time frame for this Acting General Counsel. referencing gifts, contracts, and/or request is January 1, 2014, to the restricted or conditional gifts or present. Appendix A—Letter to University of contracts from or with (i) the 9. All communications between your Maryland government of the People’s Republic of Institution and a foreign source listed as September 26, 2019 China, the Central Committee of the or a resident of a country requiring Wallace D. Loh, President Communist Party of China, Huawei cooperation with an international University of Maryland Technologies Co. Ltd., Huawei boycott pursuant to 26 U.S.C. § 1101 Main Administration Building Technologies USA, Inc., ZTE Corp, 999(a)(3). The time frame for this 7901 Regents Dr. Peking University, China University of request is January 1, 2014, to the College Park, MD 20742-6105 Petroleum, Beijing Kaiwen Educational present. Re: Notice of 20 U.S.C. § 1011f Technology Co. and their agents; (ii) the 10. All records of, regarding, or Investigation and Record Request/ government of Qatar (including those referencing actions taken and University of Maryland persons known as the Qatar Foundation institutional controls created by your for Education, Science and Community Institution to confirm (a) each foreign Dear President Loh: Development aka the Qatar Foundation source has not violated 18 U.S.C. §§ Section 117 of the Higher Education aka the Qatar National Research Fund), 2339, 2339A, 2339B, 2339C, and 2339D; Act of 1965, codified at 20 U.S.C. § and its agents; and (iii) the government and (b) each gift, contract, and/or 1011f, requires the University of of Russia, the Skolkovo Foundation, restricted or conditional gift or contract Maryland to report statutorily defined Kaspersky Lab and Kaspersky Lab US, from or with a foreign source complies gifts from and contracts with a foreign and their agents to your Institution. The with Executive Order 13224. The time source to the U.S. Department of time frame for this request is January 1, frame for this request is January 1, 2014, Education. These reports are posted at 2012, to the present. to the present. https://studentaid.ed.gov/sa/about/data- 3. All records of, regarding, or 11. Your Institution’s IRS Form 990s center/school/foreign-gifts. referencing ‘‘Hanban’’ or the Office of and schedules, including Schedules F The Department is concerned that Chinese Language Council International and R, for tax years 2014, 2015, 2016, your reporting may not fully capture all and its agents to your Institution. The 2017, and 2018. gifts, contracts, and/or restricted and time frame for this request is January 1, 12. A list of all persons at your conditional gifts or contracts from or 2014, to the present. Institution supported by a gift, contract, with all foreign sources to the 4. All records of, regarding, or and/or restricted or conditional gift or University of Maryland and/or its referencing gifts, contracts, and/or contract with or from a foreign source affiliated entities operating substantially restricted or conditional gifts or (e.g., a research scientist working on a under the auspices of your institution or contracts from or with the Confucius project developing artificial intelligence for its benefit (e.g., laboratories, schools, Institute and its agents to your or engineering systems funded in whole centers, foundations, and non-profit Institution. The time frame for this or in part by a foreign source, a foreign organizations such as the ‘‘University of request is January 1, 2010, to the graduate student studying physics Maryland Foundation’’, the ‘‘Maryland present. under a scholarship or other contractual

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arrangement with a foreign government, (PDAs), data created with the use of and/or its affiliated entities operating a fellow in a cultural studies program document management software, data substantially under the auspices of your created by endowment or other gift from created with the use of paper and institution or for its benefit (e.g., a foreign source). The relevant foreign electronic mail logging and routing laboratories, schools, centers, source should be specified for each such software, and other data or data foundations, global ‘‘collaborations’’ person. The time frame for this request compilations, stored in any medium and/or non-profit organizations such as is January 1, 2014, to the present. from which information can be obtained the ‘‘Industrial Liaison Program’’, 13. A list of all persons responsible either directly or, if necessary, after ‘‘Masdar Institute’’, the ‘‘Skolkovo for 20 U.S.C. § 1011f compliance. The translation by the responding party into Institute of Science and Technology’’, or time frame for this request is January 1, a reasonably usable form. The term the ‘‘MIT Campus, China’’, their 2014, to the present. ‘‘recorded information’’ also includes all employees, faculty, lecturers, 14. All certifications and related traditional forms of records, regardless researchers, and fellows) (collectively documentation required under the of physical form or characteristics. ‘‘MIT’’) as required by law. See, e.g. International Traffic in Arms ‘‘Restricted or conditional gift or http://news.mit.edu/2019/remarks- Regulations (ITAR), 22 CFR Subchapter contract’’ has the meaning given at 20 president-reif-institute-faculty-meeting- M, the Arms Export Control Act of 1976 U.S.C. § 1011f(h)(5). 0918 (reporting flaws in donor and gift (Title II of Pub.L. 94–329), 90 Stat. 729, If you claim attorney-client or agreement ‘‘process and practices’’); 22 U.S.C. Chapter 39, the Export attorney-work product privilege for a https://www.pogo.org/investigation/ Administration Regulations (EAR), 15 given record, then you must prepare and 2019/02/universities-on-the-foreign- CFR § 730 et seq., or any other related submit a privilege log expressly payroll/ (‘‘Lester’s report stated that, authority with respect to programs and identifying each such record and ‘over the last three years, sponsored activities sponsored by your Institution. describing it so the Department may research projects funded by Saudi The time frame for this request is assess the validity of your claim. Please organizations accounted for 52% of all January 1, 2014, to the present. note no other privileges apply here. Saudi-funded expenditures at MIT.’ Yet As used in this Notice of Investigation Your record and data preservation most of the research sponsors listed in and Information Request: obligations are outlined at Exhibit A. the report are not included as sources of ‘‘Agent’’ means any person who acts This investigation will be directed by monetary gifts or contracts in the federal for or on behalf of a foreign source and the Department’s Office of the General data reviewed by POGO’’) (emphasis includes a subsidiary or affiliate of a Counsel with support from Federal added). foreign legal entity. Student Aid. Please contact Mr. Patrick Section 117(f), 20 U.S.C. § 1011f(f), ‘‘Contract’’ has the meaning given at Shaheen at [email protected] provides that whenever it appears an 20 U.S.C. § 1011f(h)(1). regarding production of the requested institution has failed to comply with the ‘‘Foreign source’’ has the meaning information. law, the Secretary of Education may given at 20 U.S.C. § 1011f(h)(2). Sincerely yours, request the Attorney General commence ‘‘Gift’’ has the meaning given at 20 an enforcement action to compel U.S.C. § 1011f(h)(3). Reed D. Rubinstein Principal Deputy General Counsel compliance and to recover the full costs ‘‘Institution’’ has the meaning given at to the United States of obtaining 20 U.S.C. § 1011f(h)(4) and for purposes delegated the authority and duties of the General Counsel compliance, including all associated of this investigation and record request costs of investigation and enforcement. includes UMD and all affiliated entities Appendix B—Letter to To meet our statutory duty, the (e.g., centers, schools, boards, Massachusetts Institute of Department has opened an foundations, laboratories, research Technology administrative investigation of MIT and facilities, branches, and/or non-profit September 26, 2019 now requests that you produce the organizations, their employees, faculty, L. Rafael Reif, President following records within thirty days: lecturers, researchers, and fellows) 1. All records of, regarding, or operating substantially under UMD’s Massachusetts Institute of Technology 77 Massachusetts Avenue referencing gifts, contracts, and/or auspices or for its benefit. restricted or conditional gifts or ‘‘Record’’ means all recorded Room 3-208 Cambridge, MA 02139-4307 contracts from or with a foreign source information, regardless of form or to your Institution. The time frame for Re: Notice of 20 U.S.C. § 1011f characteristics, made or received by this request is January 1, 2014, to the Investigation and Record Request/ you, and including metadata, such as present. email and other electronic Massachusetts Institute of Technology 2. All records of, regarding, or communication, word processing Dear President Reif: referencing gifts, contracts, and/or documents, PDF documents, animations Section 117 of the Higher Education restricted or conditional gifts or (including PowerPoint TMtrade; and Act of 1965, codified at 20 U.S.C. § contracts from or with (i) the other similar programs) spreadsheets, 1011f, requires the Massachusetts government of Saudi Arabia, databases, calendars, telephone logs, Institute of Technology to report Mohammed Abdul Latif Jameel, Saudi contact manager information, Internet statutorily defined gifts from and Aramco, the King Abdulaziz City for usage files, network access information, contracts with a foreign source to the Science and Technology, SABIC, the writings, drawings, graphs, charts, U.S. Department of Education. These King Fahd University of Petroleum and photographs, sound recordings, images, reports are posted at https:// Minerals, the MiSK Foundation, the financial statements, checks, wire studentaid.ed.gov/sa/about/data-center/ Olayan Financing Group, other Saudi transfers, accounts, ledgers, facsimiles, school/foreign-gifts. nationals, and their agents; (ii) the texts, animations, voicemail files, data The Department is concerned that government of People’s Republic of generated by calendaring, task your reporting may not fully capture all China, the Central Committee of the management and personal information gifts, contracts, and/or restricted and Communist Party of China, Huawei management (PIM) software (such as conditional gifts or contracts from or Technologies Co. Ltd., Huawei Microsoft Outlook), data created with with all foreign sources to the Technologies USA, Inc., ZTE Corp, the use of personal data assistants Massachusetts Institute of Technology Peking University, China University of

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Petroleum, Beijing Kaiwen Educational request is January 1, 2014, to the record request includes MIT and all Technology Co. and their agents; (iii) present. affiliated entities (e.g., centers, schools, the government of Qatar (including 10. All records of, regarding, or boards, foundations, laboratories, those persons known as the Qatar referencing actions taken and research facilities, branches, and/or Foundation for Education, Science and institutional controls created by your non-profit organizations, their Community Development aka the Qatar Institution to confirm (a) each foreign employees, faculty, lecturers, Foundation aka the Qatar National source has not violated 18 U.S.C. §§ researchers, and fellows) operating Research Fund), and its agents; and (iv) 2339, 2339A, 2339B, 2339C, and 2339D; substantially under MIT’s auspices or the government of Russia, the Skolkovo and (b) each gift, contract, and/or for its benefit. Foundation, Kaspersky Lab and restricted or conditional gift or contract ‘‘Record’’ means all recorded Kaspersky Lab US, and their agents, to from or with a foreign source complies information, regardless of form or your Institution. The time frame for this with Executive Order 13224. The time characteristics, made or received by request is January 1, 2012, to the frame for this request is January 1, 2014, you, and including metadata, such as present. to the present. email and other electronic 3. All records of, regarding, or 11. Your Institution’s IRS Form 990s communication, word processing referencing ‘‘Hanban’’ or the Office of and schedules, including Schedules F documents, PDF documents, animations Chinese Language Council International and R, for tax years 2014, 2015, 2016, (including PowerPoint TM and other and its agents to your Institution. The 2017, and 2018. similar programs) spreadsheets, time frame for this request is January 1, 12. A list of all persons at your databases, calendars, telephone logs, 2014, to the present. Institution supported by a gift, contract, contact manager information, Internet 4. All records of, regarding, or and/or restricted or conditional gift or usage files, network access information, referencing gifts, contracts, and/or contract with or from a foreign source writings, drawings, graphs, charts, restricted or conditional gifts or (e.g., a research scientist working on a photographs, sound recordings, images, contracts from or with the Confucius project testing artificial intelligence or financial statements, checks, wire Institute and its agents to your other engineering systems funded in transfers, accounts, ledgers, facsimiles, Institution. The time frame for this whole or in part by a foreign source, a texts, animations, voicemail files, data request is January 1, 2010, to the foreign graduate student studying generated by calendaring, task present. physics under a scholarship or other management and personal information 5. All records of, regarding, or contractual arrangement with a foreign management (PIM) software (such as referencing the audit and accounting government, a fellow in a cultural Microsoft Outlook), data created with practices and/or other institutional studies program created by endowment the use of personal data assistants controls used to capture, track, report, or other gift from a foreign source). The (PDAs), data created with the use of and verify gifts, contracts, and/or relevant foreign source should be document management software, data restricted or conditional gifts or specified for each such person. The time created with the use of paper and contracts from or with a foreign source frame for this request is January 1, 2014, electronic mail logging and routing to your Institution. The time frame for to the present. software, and other data or data this request is January 1, 2014, to the 13. A list of the persons responsible compilations, stored in any medium present. for 20 U.S.C. § 1011f compliance for from which information can be obtained 6. A list of all gifts, contracts, and/or your Institution. The time frame for this restricted or conditional gifts or either directly or, if necessary, after request is January 1, 2014, to the translation by the responding party into contracts from or with a foreign source present. to your Institution that were not a reasonably usable form. The term 14. All certifications and related ‘‘recorded information’’ also includes all properly reported to the Department of documentation required under the Education. For each such gift, contract, traditional forms of records, regardless International Traffic in Arms of physical form or characteristics. and/or restricted or conditional gift or Regulations (ITAR), 22 CFR Subchapter contract from or with a foreign source to ‘‘Restricted or conditional gift or M, the Arms Export Control Act of 1976 contract’’ has the meaning given at 20 your Institution, please explain your (Title II of Pub. L. 94–329), 90 Stat. 729, Institution’s failure to report. The time U.S.C. § 1011f(h)(5). 22 U.S.C. Chapter 39, the Export If you claim attorney-client or frame for this request is January 1, 2014, Administration Regulations (EAR), 15 to the present. attorney-work product privilege for a CFR 730 et seq., or any other related given record, then you must prepare and 7. All records of, regarding, or authority with respect to programs and referencing solicitation by your submit a privilege log expressly activities sponsored by your Institution. identifying each such record and Institution of gifts, contracts, and/or The time frame for this request is restricted or conditional gifts or describing it so the Department may January 1, 2014, to the present. assess the validity of your claim. Please contracts with or from a foreign source. As used in this Notice of Investigation note no other privileges apply here. The time frame for this request is and Information Request: Your record and data preservation January 1, 2014, to the present. ‘‘Agent’’ means any person who acts obligations are outlined at Exhibit A. 8. All records of, regarding, or for or on behalf of a foreign source and This investigation will be directed by referencing compliance by your includes a subsidiary or affiliate of a the Department’s Office of the General Institution with 20 U.S.C. §§ 1011f(a), foreign legal entity. (b), (c), and (e). The time frame for this ‘‘Contract’’ has the meaning given at Counsel with support from Federal request is January 1, 2014, to the 20 U.S.C. § 1011f(h)(1). Student Aid. Please contact Patrick present. ‘‘Foreign source’’ has the meaning Shaheen at [email protected] 9. All communications between your given at 20 U.S.C. § 1011f(h)(2). with any questions you might have Institution and a foreign source listed as ‘‘Gift’’ has the meaning given at 20 regarding production of the requested or a resident of a country requiring U.S.C. § 1011f(h)(3). information. cooperation with an international ‘‘Institution’’ has the meaning given at Sincerely yours, boycott pursuant to 26 U.S.C. § 20 U.S.C. § 1011f(h)(4) and for the Reed D. Rubinstein 999(a)(3). The time frame for this purposes of this investigation and Principal Deputy General Counsel

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delegated the authority and duties of the The first page of any filing should comments, a protest, or a motion to General Counsel include docket number P–3102–026. intervene in accordance with the [FR Doc. 2019–25231 Filed 11–20–19; 8:45 am] Comments emailed to Commission staff requirements of Rules of Practice and BILLING CODE 4000–01–P are not considered part of the Procedure, 18 CFR 385.210, .211, .214, Commission record. respectively. In determining the The Commission’s Rules of Practice appropriate action to take, the and Procedure require all intervenors DEPARTMENT OF ENERGY Commission will consider all protests or filing documents with the Commission other comments filed, but only those Federal Energy Regulatory to serve a copy of that document on who file a motion to intervene in Commission each person whose name appears on the accordance with the Commission’s official service list for the project. Rules may become a party to the [Project No. 3102–026] Further, if an intervenor files comments proceeding. Any comments, protests, or or documents with the Commission motions to intervene must be received Jason and Carol Victoria Presley; relating to the merits of an issue that on or before the specified comment date Notice of Application for Surrender of may affect the responsibilities of a for the particular application. License, Soliciting Comments, Motions particular resource agency, they must o. Filing and Service of Documents: To Intervene, and Protests also serve a copy of the document on Any filing must (1) bear in all capital Take notice that the following that resource agency. letters the title COMMENTS, PROTEST, k. Description of Request: The hydroelectric application has been filed or MOTION TO INTERVENE as applicant proposes to surrender its with the Commission and is available applicable; (2) set forth in the heading license for the project. The project has the name of the applicant and the for public inspection: not operated since 2018 and Walton a. Application Type: Application for project number of the application to County Water and Sewerage Authority’s which the filing responds; (3) furnish surrender of minor license. proposed water intake to be located just b. Project No: 3102–026. the name, address, and telephone upstream of the project would affect number of the person commenting, c. Date Filed: November 7, 2019. continued project operation. No ground d. Applicant: Jason and Carol Victoria protesting or intervening; and (4) disturbance is proposed and project otherwise comply with the requirements Presley. features would remain in place. The e. Name of Project: High Shoals of 18 CFR 385.2001 through 385.2005. applicant would retain ownership of the All comments, motions to intervene, or Hydroelectric Project. dam. To decommission project facilities, f. Location: The 1,027-kilowatt project protests must set forth their evidentiary the applicant proposes to close the canal basis. Any filing made by an intervenor is located on the Apalachee River in intake gates and disconnect the project must be accompanied by proof of Walton, Morgan and Oconee Counties, generators, leaving the generating service on all persons listed in the Georgia. The project does not occupy equipment in place. The powerhouse service list prepared by the Commission any federal lands. would remain secured with the existing in this proceeding, in accordance with g. Filed Pursuant to: Federal Power fencing and security system. The 18 CFR 385.2010. Act, 16 U.S.C. 791a–825r. current license expires on August 30, h. Applicant Contact: David M. 2021. Dated: November 15, 2019. Moore, Earth and Water Law, LLC, Suite l. Locations of the Application: A Kimberly D. Bose, 1900, 1230 Peachtree Street NE, Atlanta, copy of the application is available for Secretary. GA 30309; David.moore@ inspection and reproduction at the [FR Doc. 2019–25268 Filed 11–20–19; 8:45 am] earthandwatergroup.com, or 404–245– Commission’s Public Reference Room, BILLING CODE 6717–01–P 5421. located at 888 First Street NE, Room 2A, i. FERC Contact: Diana Shannon, Washington, DC 20426, or by calling (202) 502–6136, diana.shannon@ (202) 502–8371. This filing may also be DEPARTMENT OF ENERGY ferc.gov. viewed on the Commission’s website at j. Deadline for filing comments, http://www.ferc.gov using the eLibrary Federal Energy Regulatory motions to intervene, and protests: link. Enter the docket number excluding Commission December 16, 2019. the last three digits in the docket The Commission strongly encourages number field to access the document. Combined Notice of Filings #1 electronic filing. Please file comments, You may also register online at http:// Take notice that the Commission motions to intervene, and protests using www.ferc.gov/docs-filing/ the Commission’s eFiling system at received the following exempt esubscription.asp to be notified via wholesale generator filings: http://www.ferc.gov/docs-filing/ email of new filings and issuances efiling.asp. Commenters can submit related to this or other pending projects. Docket Numbers: EG20–28–000. brief comments up to 6,000 characters, For assistance, call 1–866–208–3676 or Applicants: Maverick Wind Project, without prior registration, using the email [email protected], for LLC. eComment system at http:// TTY, call (202) 502–8659. A copy is also Description: Notice of Self- www.ferc.gov/docs-filing/ available for inspection and Certification of Exempt Wholesale ecomment.asp. You must include your reproduction at the address in item (h) Generator Status of Maverick Wind name and contact information at the end above. Agencies may obtain copies of Project, LLC. of your comments. For assistance, the application directly from the Filed Date: 11/15/19. please contact FERC Online Support at applicant. Accession Number: 20191115–5084. [email protected], (866) m. Individuals desiring to be included Comments Due: 5 p.m. ET 12/6/19. 208–3676 (toll free), or (202) 502–8659 on the Commission’s mailing list should Docket Numbers: EG20–29–000. (TTY). In lieu of electronic filing, please so indicate by writing to the Secretary Applicants: Maverick Wind Project send a paper copy to: Secretary, Federal of the Commission. Holdings LLC. Energy Regulatory Commission, 888 n. Comments, Protests, or Motions to Description: Notice of Self- First Street NE, Washington, DC 20426. Intervene: Anyone may submit Certification of Exempt Wholesale

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Generator Status of Maverick Wind Applicants: Midcontinent Docket Numbers: ER20–385–000. Project Holdings LLC. Independent System Operator, Inc. Applicants: Sundance Wind Project, Filed Date: 11/15/19. Description: Tariff Amendment: LLC. Accession Number: 20191115–5085. 2019–11–14_Amendment to Attachment Description: Baseline eTariff Filing: Comments Due: 5 p.m. ET 12/6/19. X Pro Forma Facilities Services Application for Market-Based Rate Docket Numbers: EG20–30–000. Agreement to be effective 1/12/2020. Authorization to be effective 1/15/2020. Applicants: Sundance Wind Project, Filed Date: 11/14/19. Filed Date: 11/15/19. LLC. Accession Number: 20191114–5146. Accession Number: 20191115–5051. Description: Notice of Self- Comments Due: 5 p.m. ET 12/5/19. Comments Due: 5 p.m. ET 12/6/19. Certification of Exempt Wholesale Docket Numbers: ER20–381–000. Docket Numbers: ER20–385–001. Generator Status of Sundance Wind Applicants: Dominion Energy South Applicants: Sundance Wind Project, Project, LLC. Carolina, Inc. LLC. Filed Date: 11/15/19. Description: Late-Filed Contribution Description: Tariff Amendment: Accession Number: 20191115–5089. in Aid of Construction Agreements and Supplement to Application for Market- Comments Due: 5 p.m. ET 12/6/19. Refund Analyses of Dominion Energy Based Rate Authorization to be effective Docket Numbers: EG20–31–000. South Carolina, Inc. 1/15/2020. Applicants: Sundance Wind Project Filed Date: 11/14/19. Filed Date: 11/15/19. Holdings LLC. Accession Number: 20191114–5174. Accession Number: 20191115–5108. Description: Notice of Self- Comments Due: 5 p.m. ET 12/5/19. Comments Due: 5 p.m. ET 12/6/19. Certification of Exempt Wholesale Docket Numbers: ER20–382–000. Docket Numbers: ER20–386–000. Generator Status of Sundance Wind Applicants: Midcontinent Applicants: Sundance Wind Project Project Holdings LLC. Independent System Operator, Inc. Holdings LLC. Filed Date: 11/15/19. Description: § 205(d) Rate Filing: Description: Baseline eTariff Filing: Accession Number: 20191115–5101. 2019–11–15_SA 3371 Orion Renewable- Application for Market-Based Rate Comments Due: 5 p.m. ET 12/6/19. SIGE GIA (J856) to be effective 10/31/ Authorization to be effective 1/15/2020. Docket Numbers: EG20–32–000. 2019. Filed Date: 11/15/19. Applicants: Traverse Wind Energy Filed Date: 11/15/19. Accession Number: 20191115–5057. LLC. Accession Number: 20191115–5038. Comments Due: 5 p.m. ET 12/6/19. Description: Notice of Self- Comments Due: 5 p.m. ET 12/6/19. Docket Numbers: ER20–386–001. Certification of Exempt Wholesale Docket Numbers: ER20–383–000. Applicants: Sundance Wind Project Generator Status of Traverse Wind Applicants: Maverick Wind Project, Holdings LLC. Energy LLC. LLC. Description: Tariff Amendment: Filed Date: 11/15/19. Description: Baseline eTariff Filing: Supplement to Application for Market- Accession Number: 20191115–5102. Application for Market-Based Rate Based Rate Authorization to be effective Comments Due: 5 p.m. ET 12/6/19. Authorization to be effective 1/15/2020. 1/15/2020. Docket Numbers: EG20–33–000. Filed Date: 11/15/19. Filed Date: 11/15/19. Applicants: Traverse Wind Energy Accession Number: 20191115–5049. Accession Number: 20191115–5109. Holdings LLC. Comments Due: 5 p.m. ET 12/6/19. Comments Due: 5 p.m. ET 12/6/19. Description: Notice of Self- Docket Numbers: ER20–383–001. Docket Numbers: ER20–387–000. Certification of Exempt Wholesale Applicants: Maverick Wind Project, Applicants: Traverse Wind Energy Generator Status of Traverse Wind LLC. LLC. Energy Holdings LLC. Description: Tariff Amendment: Description: Baseline eTariff Filing: Filed Date: 11/15/19. Supplement to Application for Market- Application for Market-Based Rate Accession Number: 20191115–5103. Based Rate Authorization to be effective Authorization to be effective 1/15/2020. Comments Due: 5 p.m. ET 12/6/19. 1/15/2020. Filed Date: 11/15/19. Take notice that the Commission Filed Date: 11/15/19. Accession Number: 20191115–5058. received the following electric rate Accession Number: 20191115–5106. Comments Due: 5 p.m. ET 12/6/19. filings: Comments Due: 5 p.m. ET 12/6/19. Docket Numbers: ER20–387–001. Docket Numbers: ER11–2731–002. Docket Numbers: ER20–384–000. Applicants: Traverse Wind Energy Applicants: DTE Stoney Corners Applicants: Maverick Wind Project LLC. Wind Farm, LLC. Holdings LLC. Description: Tariff Amendment: Description: Compliance filing: Description: Baseline eTariff Filing: Supplement to Application for Market- Supplement Change in Status Filing to Application for Market-Based Rate Based Rate Authorization to be effective be effective 10/12/2019. Authorization to be effective 1/15/2020. 1/15/2020. Filed Date: 11/14/19. Filed Date: 11/15/19. Filed Date: 11/15/19. Accession Number: 20191114–5119. Accession Number: 20191115–5050. Accession Number: 20191115–5110. Comments Due: 5 p.m. ET 12/5/19. Comments Due: 5 p.m. ET 12/6/19. Comments Due: 5 p.m. ET 12/6/19. Docket Numbers: ER12–421–002. Docket Numbers: ER20–384–001. Docket Numbers: ER20–388–000. Applicants: DTE Garden Wind Farm, Applicants: Maverick Wind Project Applicants: Traverse Wind Energy LLC. Holdings LLC. Holdings LLC. Description: Supplement to October Description: Tariff Amendment: Description: Baseline eTariff Filing: 11, 2019 DTE Garden Wind Farm, LLC Supplement to Application for Market- Application for Market-Based Rate tariff filing. Based Rate Authorization to be effective Authorization to be effective 1/15/2020. Filed Date: 11/14/19. 1/15/2020. Filed Date: 11/15/19. Accession Number: 20191114–5163. Filed Date: 11/15/19. Accession Number: 20191115–5059. Comments Due: 5 p.m. ET 12/5/19. Accession Number: 20191115–5107. Comments Due: 5 p.m. ET 12/6/19. Docket Numbers: ER20–359–001. Comments Due: 5 p.m. ET 12/6/19. Docket Numbers: ER20–388–001.

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Applicants: Traverse Wind Energy requirements, interventions, protests, significant because of the impact Holdings LLC. service, and qualifying facilities filings avoidance, minimization, and Description: Tariff Amendment: can be found at: http://www.ferc.gov/ mitigation measures proposed by Jordan Supplement to Application for Market- docs-filing/efiling/filing-req.pdf. For Cove and Pacific Connector and those Based Rate Authorization to be effective other information, call (866) 208–3676 recommended by staff in the EIS. 1/15/2020. (toll free). For TTY, call (202) 502–8659. The United States (U.S.) Department of the Interior Bureau of Land Filed Date: 11/15/19. Dated: November 15, 2019. Accession Number: 20191115–5111. Management, (BLM), Bureau of Kimberly D. Bose, Comments Due: 5 p.m. ET 12/6/19. Reclamation (Reclamation), and Fish Secretary. Docket Numbers: ER20–389–000. and Wildlife Service; U.S. Department Applicants: Sierra Pacific Power [FR Doc. 2019–25270 Filed 11–20–19; 8:45 am] of Agriculture Forest Service (Forest Company. BILLING CODE 6717–01–P Service); U.S. Department of Energy; Description: Tariff Cancellation: U.S. Army Corps of Engineers; U.S. Notice of Termination of Rate Schedule Environmental Protection Agency; U.S. DEPARTMENT OF ENERGY No. 72 to be effective 1/15/2020. Department of Commerce National Oceanic and Atmospheric Filed Date: 11/15/19. Federal Energy Regulatory Administration National Marine Accession Number: 20191115–5081. Commission Comments Due: 5 p.m. ET 12/6/19. Fisheries Service; U.S. Department of Docket Numbers: ER20–390–000. [Docket Nos. CP17–494–000;CP17–495–000] Homeland Security Coast Guard; the Applicants: Nevada Power Company. Coquille Indian Tribe; and the U.S. Jordan Cove Energy Project LP; Description: Tariff Cancellation: Department of Transportation Pipeline Pacific Connector Gas Pipeline L.P.; Notice of Termination of Rate Schedule and Hazardous Materials Safety Notice of Availability of the Final No. 152 to be effective 1/15/2020. Administration participated as Filed Date: 11/15/19. Environmental Impact Statement for cooperating agencies in preparation of Accession Number: 20191115–5083. the Proposed Jordan Cove Energy this EIS. Cooperating agencies have Comments Due: 5 p.m. ET 12/6/19. Project jurisdiction by law or special expertise with respect to resources potentially Docket Numbers: ER20–391–000. The staff of the Federal Energy Applicants: J. Aron & Company LLC. affected by the proposal and participate Regulatory Commission (FERC or in the NEPA analysis. The cooperating Description: Compliance filing: New Commission), with the participation of eTariff Baseline Filing to be effective 10/ agencies provided input into the the cooperating agencies listed below, analyses, conclusions, and 16/2019. has prepared a final environmental Filed Date: 11/15/19. recommendations presented in the EIS. impact statement (EIS) for the Jordan Following issuance of the final EIS, the Accession Number: 20191115–5122. Cove Liquefied Natural Gas Project Comments Due: 5 p.m. ET 12/6/19. cooperating agencies will issue proposed by Jordan Cove Energy Project subsequent decisions, determinations, Docket Numbers: ER20–392–000. L.P. (Jordan Cove) and the Pacific permits, or authorizations for the Project Applicants: DTE Stoney Corners Connector Gas Pipeline Project in accordance with each individual Wind Farm, LLC. proposed by Pacific Connector Gas agency’s regulatory requirements. Description: § 205(d) Rate Filing: Pipeline, LP (Pacific Connector) The BLM, with the concurrence of the Notice of Name Change Filing to be (collectively referred to as the Jordan Forest Service and Reclamation, would effective 10/17/2019. Cove Energy Project or Project). Under adopt and use the EIS to consider Filed Date: 11/15/19. Section 3 of the Natural Gas Act (NGA), issuing a right-of-way Grant for the Accession Number: 20191115–5148. Jordan Cove requests authorization to portion of the Project on federal lands. Comments Due: 5 p.m. ET 12/6/19. construct and operate a liquified natural Other cooperating agencies would use Docket Numbers: ER20–393–000. gas terminal in Coos Bay, Oregon, this EIS in their regulatory process, and Applicants: DTE Garden Wind Farm, capable of liquefying up to 1.04 billion to satisfy compliance with NEPA and LLC. cubic feet of natural gas per day for other related federal environmental laws Description: § 205(d) Rate Filing: export to overseas markets. Pacific (e.g., the National Historic Preservation Notice of Name Change Filing to be Connector seeks a Certificate of Public Act). effective 10/17/2019. Convenience and Necessity under The BLM and the Forest Service Filed Date: 11/15/19. Section 7 of the NGA to construct and would also use this EIS to evaluate Accession Number: 20191115–5152. operate a natural gas transmission proposed amendments to their District Comments Due: 5 p.m. ET 12/6/19. pipeline providing about 1.2 billion or National Forest land management The filings are accessible in the cubic feet per day of natural gas from plans that would make provision for the Commission’s eLibrary system by the Malin hub to the Jordan Cove Pacific Connector pipeline. In order to clicking on the links or querying the terminal, crossing portions of Klamath, consider the Pacific Connector right-of- docket number. Jackson, Douglas, and Coos Counties, way grant, the BLM must amend the Any person desiring to intervene or Oregon. affected Resource Management Plans protest in any of the above proceedings The final EIS assesses the potential (RMPs). The BLM therefore proposes to must file in accordance with Rules 211 environmental effects of the amend the RMPs to re-allocate all lands and 214 of the Commission’s construction and operation of the within the proposed temporary use area Regulations (18 CFR 385.211 and Project in accordance with the and right-of-way to a District-Designated 385.214) on or before 5:00 p.m. Eastern requirements of the National Reserve, with management direction to time on the specified comment date. Environmental Policy Act (NEPA). As manage the lands for the purposes of the Protests may be considered, but described in the final EIS, the FERC staff Pacific Connector right-of-way. intervention is necessary to become a concludes that approval of the Project Approximately 885 acres would be re- party to the proceeding. would result in a number of significant allocated. District-Designated Reserve eFiling is encouraged. More detailed environmental impacts; however, the allocations establish specific information relating to filing majority of impacts would be less than management for a specific use or to

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protect specific values and resources. In time you spend researching proceedings Decisions by the Forest Service to approve accordance with Code of Federal by automatically providing you with ‘‘plan level’’ amendments to Land Regulations (CFR) part 36 § 219— notification of these filings, document Management Plans (proposed amendments Planning, the Forest Service is summaries, and direct links to the UNF–4 and RRNF–7) are subject to the Pre- Decisional Administrative Review Process considering amendments of Land and documents. Go to www.ferc.gov/docs- Regulations at 36 CFR 219 Subpart B. The Resource Management Plans (LRMP) for filing/esubscription.as term ‘‘plan level’’ refers to plan amendments the Umpqua, Rogue River, and Winema Dated: November 15, 2019. that would apply to future management actions. Refer to the applicable National Forests. Proposed amendments Kimberly D. Bose, of LRMPs include reallocation of matrix administrative review regulations for Secretary. lands to Late Successional Reserves and eligibility requirements. Objections to the site-specific exemptions from 15 Supplemental Information Regarding Forest Service decision must be filed within standards to allow construction of the Procedures of the BLM and the Forest 60 calendar days from the publication date of the legal notice of the opportunity to object Pacific Connector pipeline. Exemptions Service in the newspapers of record for the Umpqua, from standards include requirements to Forest Service’s Proposed Action Rogue River, and Umpqua National Forests protect known sites of Survey and (News-Review, Mail Tribune, Herald and The Forest Service’s purpose and need for Manage species, changes in visual News, respectively). the proposed action is to consider and Decisions by the Forest Service to approve quality objectives at specific locations, disclose the environmental consequences of ‘‘project-specific’’ plan amendments limitations on detrimental soil construction and operation of the Pacific (proposed amendments FS–1, UNF–1, UNF– conditions, removal of effective shade at Connector pipeline on NFS lands and to 3, RRNF–2 thru RRNF–6, and WNF–1 thru perennial stream crossings and the evaluate proposed LRMP amendments. The WNF–5) are subject to the Administrative Forest Service has determined that the linear construction of utility corridors in Review Process of 36 CFR 218 Subpart A and nature of the Pacific Connector Pipeline riparian areas. B, in accordance with 36 CFR 219.59 (b). The Project would not be consistent with certain The Commission mailed a copy of the term ‘‘project specific’’ refers to amendments requirements of the LRMPs of the Umpqua, Notice of Availability of the final EIS to that would only apply to the proposed Rogue River, and Winema National Forests. federal, state, and local government project and would not apply to any future To address these inconsistencies, the Forest management actions. Refer to the applicable representatives and agencies; elected Service proposes to amend the LRMPs of the administrative review regulations for officials; environmental and public respective National Forests to make provision eligibility requirements. Refer to the interest groups; Indian Tribes; for the Project. The Forest Service will use applicable administrative review regulations potentially affected landowners and this EIS to assess substantive requirements of for eligibility requirements. Objections to the the planning rule that are likely to be directly other interested individuals and groups; Forest Service decision must be filed within related to the amendment. The Forest Service and newspapers and libraries in the 45 calendar days from the publication date of is also using this EIS process to identify Project area. The final EIS is available in the legal notice of the opportunity to object hard copy at libraries in the area of the specific stipulations (including project design features and mitigation measures) in the in the newspapers of record for the Project and in electronic format. It may related to resources within their jurisdiction Umpqua, Rogue River, and Umpqua National be viewed and downloaded from the for inclusion in the right-of-way Grant when Forests (News-Review, Mail Tribune, Herald FERC’s website (www.ferc.gov), on the considering issuing its concurrence, pursuant and News, respectively). Environmental Documents page (https:// to the Mineral Leasing Act. The legal notices contain the details of the www.ferc.gov/industries/gas/enviro/ objection process. The Forest Service must Forest Service’s Draft Record of Decision respond to all objections received before it eis.asp). In addition, the final EIS may and Objection Procedures makes a final decision on the proposed be accessed by using the eLibrary link The Pacific Connector pipeline may be Forest Plan amendments. The final decision on the FERC’s website. Click on the implemented across National Forest System on the Forest Plan amendments and the final eLibrary link (https://www.ferc.gov/ (NFS) land if the BLM grants the right-of-way EIS analysis will inform the Forest Service docs-filing/elibrary.asp), click on for the Pacific Connector pipeline to cross the concurrence to the BLM for its Right-of-Way General Search, and enter the docket Umpqua, Rogue River, and Winema National Grant. number in the ‘‘Docket Number’’ field, Forests and the Forest Service amends the A copy of the Forest Service draft Record excluding the last three digits (i.e., respective National Forest LRMPs (Forest of Decision (ROD) and of the legal notice for CP17–494 or CP17–495). Be sure you Plans). The Forest Supervisor of the Umpqua objections can be obtained by any of the following methods: have selected an appropriate date range. National Forest, as responsible official for the LRMP amendments, adopts the • FERC’s eLibrary; For assistance, please contact FERC environmental analysis conducted by FERC • Internet website: https:// Online Support at FercOnlineSupport@ (in accordance with 40 CFR 1506.3(a) and (c)) www.fs.usda.gov/project/?project=28132; ferc.gov or toll free at (866) 208–3676, or to support the decision to amend the • email: [email protected]; for TTY, contact (202) 502–8659. Umpqua, Rogue River, and Winema National • or regular mail: David Krantz, Project Forests LRMPs. She has determined that Manager, Rogue River-Siskiyou National Questions? three parts of the Forest Plans, where 15 Forest, 3040 Biddle Rd., Medford, OR 97504; Additional information about the standards and two plan-level land allocation telephone 541–618–2082. adjustments would be modified by a Forest Project is available from the BLM Proposed Resource Management Plan Plan amendment (section 4.7 of the final Commission’s Office of External Affairs, Amendments and Protest Procedures EIS), meet the substantive requirements of at (866) 208–FERC, or on the FERC the Forest Service planning regulations (36 BLM planning regulations state that any website (www.ferc.gov) using the CFR part 219); and can be implemented person who participated in the planning eLibrary link. The eLibrary link also without impairing the long-term productivity process and has an interest which is or may provides access to the texts of all formal of NFS lands. With the amended LRMPs, the be adversely affected may protest the BLM’s documents issued by the Commission, Pacific Connector pipeline would be Proposed Resource Management Plan such as orders, notices, and consistent with the Forest Plans. The draft Amendments. A person who meets the rulemakings. decision is based on a review of the conditions and files a protest must file the In addition, the Commission offers a environmental analysis disclosed in the final protest within 30 days of the date that the EIS, the project record, Pacific Connector’s Environmental Protection Agency publishes free service called eSubscription that proposed Plan of Development, comments its Notice of Availability in the Federal allows you to keep track of all formal from the public, partners, and other agencies, Register. issuances and submittals in specific and a consideration of the 36 CFR part 219 In accordance with the National dockets. This can reduce the amount of requirements for amending a Forest Plan. Environmental Policy Act of 1969, as

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amended, the BLM has actively participated your personally identifiable information— 1200 Pennsylvania Ave. NW, as a Cooperating Agency in the preparation may be made publicly available at any time. Washington, DC 20460, and (2) OMB via of the Jordan Cove Energy Project Final EIS. While you can ask us in your protest to email to [email protected]. This final EIS includes the BLM Proposed withhold your personal identifying Address comments to OMB Desk Officer Plan Amendments to the Northwest and information from public review, we cannot Coastal Oregon Record of Decision and guarantee that we will be able to do so. for EPA. Resource Management Plan (2016) and the EPA’s policy is that all comments Authority: 40 CFR 1506.6, 40 CFR received will be included in the public Southwestern Oregon Record of Decision and 1506.10, 43 CFR 1610.2, 43 CFR 1610.5. Resource Management Plan (2016) and docket without change including any Proposed right-of-way Actions, in response to [FR Doc. 2019–25269 Filed 11–20–19; 8:45 am] personal information provided, unless an Application for right-of-way submitted by BILLING CODE 6717–01–P the comment includes profanity, threats, Pacific Connector Gas Pipeline, LP. information claimed to be Confidential In accordance with the Federal Land Policy Business Information (CBI) or other and Management Act of 1976, as amended, ENVIRONMENTAL PROTECTION the BLM Proposed Plan Amendments are information whose disclosure is subject to administrative protest. The AGENCY restricted by statute. Proposed Plan Amendments are described in [EPA–R08–OAR–2012–0479; FRL–10000– FOR FURTHER INFORMATION CONTACT: Gail section 2.1.1.1 of the final EIS and 11–OMS] Fallon, U.S. Environmental Protection incorporate several specific FERC- Agency, Region 8, Air and Radiation recommended conditions and one route Information Collection Request Division, (Mail Code 8ARD–PM), 1595 variation. BLM planning regulations at 43 Submitted to OMB for Review and Wynkoop Street, Denver, Colorado CFR 1610.5–2, describe the protest Approval; Comment Request; Federal procedures and state that any person who 80202–1129; telephone number: (303) meets the conditions may protest the BLM’s Implementation Plan for Oil and 312–6281; fax number: (303) 312–6064; Proposed RMP Amendments. All protests Natural Gas Well Production Facilities, email address: [email protected]. must be filed within 30 days of the date that Fort Berthold Indian Reservation SUPPLEMENTARY INFORMATION: the Environmental Protection Agency (Mandan, Hidatsa, and Arikara Nation), Supporting documents, which explain publishes its Notice of Availability of the North Dakota (Renewal) in detail the information that the EPA final EIS in the Federal Register. will be collecting, are available in the The FERC-prepared final EIS is available AGENCY: Environmental Protection on the FERC docket and on BLM’s ePlanning Agency (EPA). public docket for this ICR. The docket project website at https://go.usa.gov/xEt7B. can be viewed online at ACTION: Notice. Click the Documents link on the left side of www.regulations.gov or in person at the the screen to find the electronic version of SUMMARY: The Environmental Protection EPA Docket Center, WJC West, Room these materials. Agency (EPA) has submitted an 3334, 1301 Constitution Ave. NW, All protests must be in writing and filed Washington, DC. The telephone number with the BLM Director, either as a hard copy information collection request (ICR), Federal Implementation Plan for Oil and for the Docket Center is (202) 566–1744. or electronically via the BLM’s ePlanning For additional information about EPA’s project website listed previously. To submit Natural Gas Well Production Facilities, a protest electronically, go to the ePlanning Fort Berthold Indian Reservation public docket, visit http://www.epa.gov/ project website and follow the protest (Mandan, Hidatsa, and Arikara Nation), dockets. instructions highlighted at the top of the North Dakota (EPA ICR Number Abstract: This ICR covers information home page. If submitting a protest in hard 2478.03, OMB Control Number 2008– collection requirements in the final copy, it must be mailed to one of the 0001) to the Office of Management and Federal Implementation Plan (FIP) for following addresses: Budget (OMB) for review and approval Oil and Natural Gas Well Production Facilities; Fort Berthold Indian Regular mail: Overnight delivery: in accordance with the Paperwork Reduction Act. This is a proposed Reservation (Mandan, Hidatsa, and extension of the ICR, which is currently Arikara Nation), North Dakota (40 CFR BLM Director (210), BLM Director (210), part 49, subpart K, §§ 49.4161 through Attention: Protest Attention: Protest approved through January 31, 2020. Coordinator, P.O. Coordinator, 20 M Public comments were previously 49.4168), herein referred to as the FBIR Box 71383, Wash- Street SE, Room requested via the Federal Register on FIP. In general, owners or operators are ington, DC 20024– 2134LM, Wash- June 5, 2019 during a 60-day comment required to: (1) Conduct certain 1383. ington, DC 20003. period. This notice allows for an monitoring; (2) keep specific records to additional 30 days for public comments. be made available at the EPA’s request; Instructions for filing a protest with the A fuller description of the ICR is given and (3) to prepare and submit an annual Director of the BLM regarding the Proposed below, including its estimated burden report (40 CFR part 49, subpart K, Plan Amendments may be found online at §§ 49.4166 through 49.4168). These https://www.blm.gov/programs/planning- and cost to the public. An agency may not conduct or sponsor and a person is records and reports are necessary for the and-nepa/public-participation/filing-a-plan- EPA Administrator (or the tribal agency protest and at 43 CFR 1610.5–2. All protests not required to respond to a collection must be in writing and mailed to the of information unless it displays a if delegated), for example, to: (1) appropriate address or submitted currently valid OMB control number. confirm compliance status of stationary electronically through the BLM ePlanning sources; (2) identify any stationary DATES: Additional comments may be project website as described above. Protests sources not subject to the requirements submitted electronically by any means other submitted on or before December 23, and identify stationary sources subject than the ePlanning project website protest 2019. to the regulations; and (3) ensure that section will be invalid unless a protest is also ADDRESSES: Submit your comments, the stationary source control submitted in hard copy. Protests submitted referencing Docket ID Number EPA– requirements are being achieved. All by fax will also be invalid unless also R08–OAR–2012–0479, to (1) EPA online information submitted to us pursuant to submitted either through ePlanning project website protest section or in hard copy. using www.regulations.gov (our the recordkeeping and reporting Before including your phone number, preferred method), by email to requirements for which a claim of email address, or other personal identifying [email protected], or by mail to: confidentiality is made is safeguarded information in your protest, you should be EPA Docket Center, Environmental according to the agency policies set aware that your entire protest—including Protection Agency, Mail Code 28221T, forth in 40 CFR part 2, subpart B.

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Form Numbers: None. practicable; that the public interest did FEDERAL RESERVE SYSTEM Respondents/affected entities: not require consideration of the matters Owners or operators of oil and natural in a meeting open to public observation; Formations of, Acquisitions by, and gas facilities. and that the matters could be Mergers of Bank Holding Companies Respondent’s obligation to respond: considered in a closed meeting by Mandatory (42 U.S.C. 7414). authority of subsections (c)(2), (c)(4), The companies listed in this notice Estimated number of respondents: (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of have applied to the Board for approval, 7,326 (total). the ‘‘Government in the Sunshine Act’’ pursuant to the Bank Holding Company Frequency of response: On occasion, (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), Act of 1956 (12 U.S.C. 1841 et seq.) annually. (c)(9)(A)(ii), and (c)(9)(B). (BHC Act), Regulation Y (12 CFR part Total estimated burden: 112,000 CONTACT PERSON FOR MORE INFORMATION: 225), and all other applicable statutes hours (per year). Burden is defined at 5 Requests for further information and regulations to become a bank CFR 1320.3(b). concerning the meeting may be directed holding company and/or to acquire the Total estimated cost: $24,900,000 (per to Robert E. Feldman, Executive assets or the ownership of, control of, or year), includes $20,850,000 annualized Secretary of the Corporation, at 202– the power to vote shares of a bank or capital and operation & maintenance 898–7043. bank holding company and all of the costs. Dated at Washington, DC, on November 19, banks and nonbanking companies Changes in the Estimates: There is an 2019. owned by the bank holding company, increase of 67,539 hours in the total Federal Deposit Insurance Corporation. including the companies listed below. estimated respondent burden compared with the ICR currently approved by Robert E. Feldman, The applications listed below, as well OMB. The increase in total estimated Executive Secretary. as other related filings required by the respondent burden hours is due to the [FR Doc. 2019–25384 Filed 11–19–19; 4:15 pm] Board, if any, are available for anticipated industry growth projected to BILLING CODE 6714–01–P immediate inspection at the Federal occur over the next three-year period of Reserve Bank indicated. The this ICR. applications will also be available for FEDERAL MARITIME COMMISSION inspection at the offices of the Board of Courtney Kerwin, Governors. Interested persons may Director, Regulatory Support Division. Notice of Agreements Filed express their views in writing on the [FR Doc. 2019–25230 Filed 11–20–19; 8:45 am] standards enumerated in the BHC Act BILLING CODE 6560–50–P The Commission hereby gives notice of the filing of the following agreement (12 U.S.C. 1842(c)). under the Shipping Act of 1984. Comments regarding each of these Interested parties may submit comments FEDERAL DEPOSIT INSURANCE applications must be received at the on the agreements to the Secretary by CORPORATION Reserve Bank indicated or the offices of email at [email protected], or by mail, the Board of Governors, Ann E. Sunshine Act Meeting Federal Maritime Commission, Misback, Secretary of the Board, 20th Washington, DC 20573, within twelve Street and Constitution Avenue NW, TIME AND DATE: Pursuant to the days of the date this notice appears in Washington, DC 20551–0001, not later provisions of the ‘‘Government in the the Federal Register. Copies of than December 20, 2019. Sunshine Act’’ (5 U.S.C. 552b), notice is agreements are available through the A. Federal Reserve Bank of Atlanta hereby given that at 10:46 p.m. on Commission’s website (www.fmc.gov) or (Kathryn Haney, Assistant Vice Tuesday, November 19, 2019, the Board by contacting the Office of Agreements of Directors of the Federal Deposit at (202) 523–5793 or tradeanalysis@ President) 1000 Peachtree Street NE, Insurance Corporation met in closed fmc.gov. Atlanta, Georgia 30309. Comments can session to consider matters related to Agreement No.: 201324. also be sent electronically to the Corporation’s supervision, Agreement Name: Seaboard/BBC [email protected]: corporate, and resolution activities. Cooperative Working Agreement. 1. BCI Financial Group, Inc., Miami, PLACE: The meeting was held in the Parties: BBC Chartering Carriers Florida; to merge with Executive Board Room located on the sixth floor GmbH & Co. KG; BBC Project Chartering Banking Corporation, and thereby of the FDIC Building located at 550 17th GmbH Co KG; and Seaboard Marine Ltd. indirectly acquire Executive National Street NW, Washington, DC. Filing Party: Wayne Rohde; Cozen Bank, both of Miami, Florida. In O’Connor. STATUS: The meeting was closed to the connection with this proposal, Bci Synopsis: The Agreement authorizes public. Financial Group, Inc.’s parent the parties to cooperate in a shared MATTERS CONSIDERED: In calling the companies, Empresas Juan Yarur SpA service string in the trade between the and Banco de Credito e Inversiones meeting, the Board determined, on U.S. Gulf Coast on the one hand and S.A., both of Santiago, Chile, to motion of Director Martin J. Gruenberg, ports in Panama, Colombia, Ecuador, indirectly acquire Executive Banking seconded by Director Kathleen L. Peru, and Chile on the other hand. Kraninger (Director, Consumer Proposed Effective Date: 11/12/2019. Corporation and Executive National Financial Protection Bureau), and Location: https://www2.fmc.gov/ Bank. concurred in by Director Joseph M. FMC.Agreements.Web/Public/ Board of Governors of the Federal Reserve Otting (Comptroller of the Currency) AgreementHistory/24445. System, November 18, 2019. and Chairman Jelena McWilliams, that Yao-Chin Chao Corporation business required its Dated: November 15, 2019. consideration of the matters which were Rachel Dickon, Assistant Secretary of the Board. to be the subject of this meeting on less Secretary. [FR Doc. 2019–25249 Filed 11–20–19; 8:45 am] than seven days’ notice to the public; [FR Doc. 2019–25182 Filed 11–20–19; 8:45 am] BILLING CODE P that no earlier notice of the meeting was BILLING CODE 6731–AA–P

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FEDERAL RESERVE SYSTEM DEPARTMENT OF HEALTH AND Dated: November 18, 2019. HUMAN SERVICES William N. Parham, III, Change in Bank Control Notices; Director, Paperwork Reduction Staff, Office Acquisitions of Shares of a Bank or Centers for Medicare & Medicaid of Strategic Operations and Regulatory Bank Holding Company Services Affairs. [FR Doc. 2019–25283 Filed 11–20–19; 8:45 am] The notificants listed below have [Document Identifier CMS–10718] BILLING CODE 4120–01–P applied under the Change in Bank Agency Information Collection Control Act (Act) (12 U.S.C. 1817(j)) and Activities: Proposed Collection; DEPARTMENT OF HEALTH AND § 225.41 of the Board’s Regulation Y (12 Comment Request; Correction CFR 225.41) to acquire shares of a bank HUMAN SERVICES or bank holding company. The factors AGENCY: Centers for Medicare & Food and Drug Administration that are considered in acting on the Medicaid Services (CMS), HHS. notices are set forth in paragraph 7 of ACTION: Correction of notice. [Docket No. FDA–2019–D–4447] the Act (12 U.S.C. 1817(j)(7)). SUMMARY: This document corrects the Transdermal and Topical Delivery The applications listed below, as well information provided for [Document Systems—Product Development and as other related filings required by the Identifier: CMS–10718] titled ‘‘Model Quality Considerations; Draft Board, if any, are available for Medicare Advantage and Medicare Guidance for Industry; Availability immediate inspection at the Federal Prescription Drug Plan Individual AGENCY: Food and Drug Administration, Reserve Bank indicated. The Enrollment Request Form.’’ applications will also be available for HHS. FOR FURTHER INFORMATION CONTACT: ACTION: Notice of availability. inspection at the offices of the Board of William N. Parham, III, (410) 786–4669. Governors. Interested persons may SUPPLEMENTARY INFORMATION: SUMMARY: The Food and Drug express their views in writing on the Administration (FDA or Agency) is standards enumerated in paragraph 7 of I. Background announcing the availability of a draft the Act. In the November 18, 2019, issue of the guidance for industry entitled Comments regarding each of these Federal Register (84 FR 63655), we ‘‘Transdermal and Topical Delivery applications must be received at the published a Paperwork Reduction Act Systems—Product Development and Federal Reserve Bank indicated or the notice requesting a 60-day public Quality Considerations.’’ This guidance offices of the Board of Governors, Ann comment period for the information provides recommendations to E. Misback, Secretary of the Board, 20th collection request identified under applicants and manufacturers of Street and Constitution Avenue NW, CMS–10718, OMB control number transdermal and topical delivery Washington, DC 20551–0001, not later 0938–New, and titled ‘‘Model Medicare systems (TDS) regarding the than December 5, 2019. Advantage and Medicare Prescription pharmaceutical development and Drug Plan Individual Enrollment quality information to include in new A. Federal Reserve Bank of San Request Form.’’ drug applications (NDAs) and Francisco (Gerald C. Tsai, Director, abbreviated new drug applications Applications and Enforcement) 101 II. Explanation of Error (ANDAs). Specifically, the guidance Market Street, San Francisco, California In the November 18, 2019, notice, the discusses FDA’s current thinking on 94105–1579: information provided in the first product design and pharmaceutical 1. John G. Sorensen, Jr., president of column of the first paragraph, on page development, manufacturing process JGS, Jr. Family Holding Corporation, 63657, was published with incorrect and control, and finished product individually, and together with Sondra information in the ‘‘Total Annual control. It also addresses special S. Swindle, president of SSS Family Hours’’ section. This notice corrects the considerations for areas where quality is Holding Corporation, all of Salt Lake language found in the ‘‘Total Annual closely tied to product performance and City, Utah; to be approved as members Hours’’ section in the first column of the potential safety issues, such as adhesion failure and the impact of applied heat of a group acting in concert to retain first paragraph, on page 63657 the on drug delivery. voting shares of Home Credit November 18th notice. All of the other information contained in the November DATES: Corporation, and thereby indirectly Submit either electronic or 18, 2019, notice is correct. The related written comments on the draft guidance retain voting shares of Home Savings public comment period remains in by February 19, 2020 to ensure that the Bank, both of Salt Lake City, Utah. effect and ends January 17, 2020. Agency considers your comment on this Board of Governors of the Federal Reserve draft guidance before it begins work on III. Correction of Error System, November 18, 2019. the final version of the guidance. Yao-Chin Chao, In FR Doc. 2019–24930 of November ADDRESSES: You may submit comments Assistant Secretary of the Board. 18, 2019 (84 FR 63655), page 63657, the on any guidance at any time as follows: language in the first column, first [FR Doc. 2019–25250 Filed 11–20–19; 8:45 am] paragraph of the notice that begins with Electronic Submissions BILLING CODE 6210–01–P ‘‘Total Annual Hours: 10,324,481’’ and Submit electronic comments in the ends with ‘‘(For policy questions following way: regarding this collection contact Deme • Federal eRulemaking Portal: Umo at (410) 786–8854.),’’ is corrected https://www.regulations.gov. Follow the to read as follows: instructions for submitting comments. Total Annual Hours: 7,861,354. (For Comments submitted electronically, policy questions regarding this including attachments, to https:// collection contact Deme Umo at (410) www.regulations.gov will be posted to 786–8854.) the docket unchanged. Because your

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comment will be made public, you are both copies to the Dockets Management transdermal delivery systems and solely responsible for ensuring that your Staff. If you do not wish your name and topical delivery systems present similar comment does not include any contact information to be made publicly manufacturing and quality control confidential information that you or a available, you can provide this concerns and similar risks to patients. third party may not wish to be posted, information on the cover sheet and not The draft guidance in its entirety may such as medical information, your or in the body of your comments and you not be applicable to all TDS, and some anyone else’s Social Security number, or must identify this information as TDS (for example, microneedles, active confidential business information, such ‘‘confidential.’’ Any information marked transport TDS, reservoir TDS, and TDS as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed applied to broken skin) have other that if you include your name, contact except in accordance with 21 CFR 10.20 considerations that are not addressed in information, or other information that and other applicable disclosure law. For this guidance. Because of the inherent identifies you in the body of your more information about FDA’s posting failure modes and safety risks associated comments, that information will be of comments to public dockets, see 80 with the reservoir TDS, FDA posted on https://www.regulations.gov. FR 56469, September 18, 2015, or access recommends TDS manufacturers and • If you want to submit a comment the information at: https://www.gpo.gov/ applicants focus development efforts on with confidential information that you fdsys/pkg/FR-2015-09-18/pdf/2015- matrix type TDS. do not wish to be made available to the 23389.pdf. This draft guidance is being issued public, submit the comment as a Docket: For access to the docket to consistent with FDA’s good guidance written/paper submission and in the read background documents or the practices regulation (21 CFR 10.115). manner detailed (see ‘‘Written/Paper electronic and written/paper comments The draft guidance, when finalized, will Submissions’’ and ‘‘Instructions’’). received, go to https:// represent the current thinking of FDA on transdermal and topical delivery Written/Paper Submissions www.regulations.gov and insert the docket number, found in brackets in the systems product development and Submit written/paper submissions as heading of this document, into the quality considerations. It does not follows: ‘‘Search’’ box and follow the prompts establish any rights for any person and • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management is not binding on FDA or the public. written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, You can use an alternative approach if Management Staff (HFA–305), Food and Rockville, MD 20852. it satisfies the requirements of the Drug Administration, 5630 Fishers You may submit comments on any applicable statutes and regulations. Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR • For written/paper comments II. Paperwork Reduction Act of 1995 10.115(g)(5)). submitted to the Dockets Management Submit written requests for single This draft guidance refers to Staff, FDA will post your comment, as copies of the draft guidance to the previously approved collections of well as any attachments, except for Division of Drug Information, Center for information found in FDA regulations. information submitted, marked and Drug Evaluation and Research, Food These collections of information are identified, as confidential, if submitted and Drug Administration, 10001 New subject to review by the Office of as detailed in ‘‘Instructions.’’ Hampshire Ave., Hillandale Building, Management and Budget (OMB) under Instructions: All submissions received the Paperwork Reduction Act of 1995 must include the Docket No. FDA– 4th Floor, Silver Spring, MD 20993– 0002. Send one self-addressed adhesive (PRA) (44 U.S.C. 3501–3520). The 2019–D–4447 for ‘‘Transdermal and collections of information in 21 CFR Topical Delivery Systems—Product label to assist that office in processing your requests. See the SUPPLEMENTARY parts 210 and 211 have been approved Development and Quality under OMB control number 0910–0139. Considerations.’’ Received comments INFORMATION section for electronic access to the draft guidance document. The collections of information in 21 will be placed in the docket and, except CFR part 314 for the submission of FOR FURTHER INFORMATION CONTACT: for those submitted as ‘‘Confidential NDAs and ANDAs, including the Mohamed Ghorab, Center for Drug Submissions,’’ publicly viewable at submission of labeling under 21 CFR Evaluation and Research, Food and https://www.regulations.gov or at the 314.50(e)(2)(ii) and 314.50(l)(1)(i) and Drug Administration, 10903 New Dockets Management Staff between 9 advertisements and promotional Hampshire Ave., Bldg. 51, Rm. 3141, a.m. and 4 p.m., Monday through labeling under 21 CFR 314.81(b)(3)(i), Silver Spring, MD 20993, 240–402– Friday. have been approved under OMB control • 8940. Confidential Submissions—To number 0910–0001. The submission of submit a comment with confidential SUPPLEMENTARY INFORMATION: prescription drug labeling under 21 CFR information that you do not wish to be I. Background 201.56 and 201.57 has been approved made publicly available, submit your under OMB control number 0910–0572. comments only as a written/paper FDA is announcing the availability of In accordance with the PRA, prior to submission. You should submit two a draft guidance for industry entitled publication of any final guidance copies total. One copy will include the ‘‘Transdermal and Topical Delivery document, FDA intends to solicit public information you claim to be confidential Systems—Product Development and comment and obtain OMB approval for with a heading or cover note that states Quality Considerations.’’ Transdermal any information collections ‘‘THIS DOCUMENT CONTAINS delivery systems and topical delivery recommended in this guidance that are CONFIDENTIAL INFORMATION.’’ The systems, collectively identified as TDS, new or that would represent material Agency will review this copy, including are used in a variety of therapeutic areas modifications to those previously the claimed confidential information, in and treatment populations. Transdermal approved collections of information its consideration of comments. The delivery systems are designed to deliver found in FDA regulations or guidances. second copy, which will have the an active ingredient (drug substance) claimed confidential information across the skin and into systemic III. Electronic Access redacted/blacked out, will be available circulation, while topical delivery Persons with access to the internet for public viewing and posted on systems are designed to deliver the may obtain the draft guidance at either https://www.regulations.gov. Submit active ingredient to local tissue. Both https://www.fda.gov/Drugs/

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GuidanceComplianceRegulatory written/paper submissions) will be Notice of Meeting; Establishment of a Information/Guidances/default.htm or considered timely if they are Public Docket; Request for Comments.’’ https://www.regulations.gov. postmarked or the delivery service Received comments, those filed in a Dated: November 15, 2019. acceptance receipt is on or before that timely manner (see ADDRESSES), will be Lowell J. Schiller, date. placed in the docket and, except for Comments received on or before those submitted as ‘‘Confidential Principal Associate Commissioner for Policy. December 4, 2019, will be provided to Submissions,’’ publicly viewable at [FR Doc. 2019–25246 Filed 11–20–19; 8:45 am] the committee. Comments received after https://www.regulations.gov or at the BILLING CODE 4164–01–P that date will be taken into Dockets Management Staff between 9 consideration by FDA. In the event that a.m. and 4 p.m., Monday through the meeting is cancelled, FDA will Friday. DEPARTMENT OF HEALTH AND continue to evaluate any relevant • Confidential Submissions—To HUMAN SERVICES applications or information, and submit a comment with confidential Food and Drug Administration consider any comments submitted to the information that you do not wish to be docket, as appropriate. made publicly available, submit your [Docket No. FDA–2019–N–4963] You may submit comments as comments only as a written/paper follows: submission. You should submit two Dermatologic and Ophthalmic Drugs copies total. One copy will include the Advisory Committee; Notice of Electronic Submissions information you claim to be confidential Meeting; Establishment of a Public Submit electronic comments in the with a heading or cover note that states Docket; Request for Comments following way: ‘‘THIS DOCUMENT CONTAINS • Federal eRulemaking Portal: AGENCY: Food and Drug Administration, CONFIDENTIAL INFORMATION.’’ FDA https://www.regulations.gov. Follow the HHS. will review this copy, including the instructions for submitting comments. ACTION: claimed confidential information, in its Notice; establishment of a Comments submitted electronically, public docket; request for comments. consideration of comments. The second including attachments, to https:// copy, which will have the claimed SUMMARY: The Food and Drug www.regulations.gov will be posted to confidential information redacted/ Administration (FDA) announces a the docket unchanged. Because your blacked out, will be available for public forthcoming public advisory committee comment will be made public, you are viewing and posted on https:// meeting of the Dermatologic and solely responsible for ensuring that your www.regulations.gov. Submit both Ophthalmic Drugs Advisory Committee. comment does not include any copies to the Dockets Management Staff. The general function of the committee is confidential information that you or a If you do not wish your name and to provide advice and recommendations third party may not wish to be posted, contact information be made publicly to FDA on regulatory issues. The such as medical information, your or available, you can provide this meeting will be open to the public. FDA anyone else’s Social Security number, or information on the cover sheet and not is establishing a docket for public confidential business information, such in the body of your comments and you comment on this document. as a manufacturing process. Please note must identify the information as DATES: The meeting will be held on that if you include your name, contact ‘‘confidential.’’ Any information marked December 13, 2019, from 8 a.m. to 4 information, or other information that as ‘‘confidential’’ will not be disclosed p.m. identifies you in the body of your except in accordance with 21 CFR 10.20 comments, that information will be ADDRESSES: FDA White Oak Campus, and other applicable disclosure law. For posted on https://www.regulations.gov. more information about FDA’s posting 10903 New Hampshire Ave., Bldg. 31 • If you want to submit a comment of comments to public dockets, see 80 Conference Center, the Great Room (Rm. with confidential information that you FR 56469, September 18, 2015, or access 1503), Silver Spring, MD 20993–0002. do not wish to be made available to the the information at: https://www.gpo.gov/ Answers to commonly asked questions public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- including information regarding special written/paper submission and in the 23389.pdf. accommodations due to a disability, manner detailed (see ‘‘Written/Paper Docket: For access to the docket to visitor parking, and transportation may Submissions’’ and ‘‘Instructions’’). be accessed at: https://www.fda.gov/ read background documents or the AdvisoryCommittees/ Written/Paper Submissions electronic and written/paper comments AboutAdvisoryCommittees/ Submit written/paper submissions as received, go to https:// ucm408555.htm. follows: www.regulations.gov and insert the FDA is establishing a docket for • Mail/Hand Delivery/Courier (for docket number, found in brackets in the public comment on this meeting. The written/paper submissions): Dockets heading of this document, into the docket number is FDA–2019–N–4963. Management Staff (HFA–305), Food and ‘‘Search’’ box and follow the prompts The docket will close on December 12, Drug Administration, 5630 Fishers and/or go to the Dockets Management 2019. Submit either electronic or Lane, Rm. 1061, Rockville, MD 20852. Staff, 5630 Fishers Lane, Rm. 1061, written comments on this public • For written/paper comments Rockville, MD 20852. meeting by December 12, 2019. Please submitted to the Dockets Management FOR FURTHER INFORMATION CONTACT: Jay note that late, untimely filed comments Staff, FDA will post your comment, as R. Fajiculay, Center for Drug Evaluation will not be considered. Electronic well as any attachments, except for and Research, Food and Drug comments must be submitted on or information submitted, marked and Administration, 10903 New Hampshire before December 12, 2019. The https:// identified, as confidential, if submitted Ave., Bldg. 31, Rm. 2417, Silver Spring, www.regulations.gov electronic filing as detailed in ‘‘Instructions.’’ MD 20993–0002, 301–796–9001, Fax: system will accept comments until Instructions: All submissions received 301–847–8533, email: DODAC@ 11:59 p.m. Eastern Time at the end of must include the Docket No. FDA– fda.hhs.gov, or FDA Advisory December 12, 2019. Comments received 2019–N–4963 for ‘‘Dermatologic and Committee Information Line, 1–800– by mail/hand delivery/courier (for Ophthalmic Drugs Advisory Committee; 741–8138 (301–443–0572 in the

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Washington, DC area). A notice in the Persons attending FDA’s advisory OMB, Attn: FDA Desk Officer, FAX: Federal Register about last minute committee meetings are advised that 202–395–7285, or emailed to oira_ modifications that impact a previously FDA is not responsible for providing [email protected]. All announced advisory committee meeting access to electrical outlets. comments should be identified with the cannot always be published quickly For press inquiries, please contact the OMB control number 0910–NEW and enough to provide timely notice. Office of Media Affairs at fdaoma@ title ‘‘Web-Based Pilot Survey to Assess Therefore, you should always check the fda.hhs.gov or 301–796–4540. Allergy to Cosmetics in the United FDA’s website at https://www.fda.gov/ FDA welcomes the attendance of the States.’’ Also include the FDA docket AdvisoryCommittees/default.htm and public at its advisory committee number in brackets in the heading of scroll down to the appropriate advisory meetings and will make every effort to this document. committee meeting link, or call the accommodate persons with disabilities. FOR FURTHER INFORMATION CONTACT: Ila advisory committee information line to If you require accommodations due to a S. Mizrachi, Office of Operations, Food learn about possible modifications disability, please contact Jay Fajiculay and Drug Administration, Three White before coming to the meeting. (see FOR FURTHER INFORMATION CONTACT) Flint North, 10A–12M, 11601 SUPPLEMENTARY INFORMATION: at least 7 days in advance of the Landsdown St., North Bethesda, MD Agenda: The committee will discuss meeting. 20852, 301–796–7726, PRAStaff@ biologics license application (BLA) FDA is committed to the orderly fda.hhs.gov. conduct of its advisory committee 761143, teprotumumab solution for SUPPLEMENTARY INFORMATION: In intravenous use, submitted by Horizon meetings. Please visit our website at https://www.fda.gov/ compliance with 44 U.S.C. 3507, FDA Pharma Ireland, Ltd., proposed for the has submitted the following proposed treatment of active thyroid eye disease. AdvisoryCommittees/ AboutAdvisoryCommittees/ collection of information to OMB for FDA intends to make background review and clearance. material available to the public no later ucm111462.htm for procedures on than 2 business days before the meeting. public conduct during advisory Web-Based Pilot Survey To Assess If FDA is unable to post the background committee meetings. Allergy to Cosmetics in the United material on its website prior to the Notice of this meeting is given under States the Federal Advisory Committee Act (5 meeting, the background material will OMB Control Number 0910–NEW be made publicly available at the U.S.C. app. 2). location of the advisory committee Dated: November 15, 2019. I. Background meeting, and the background material Lowell J. Schiller, In the past 40 years, the cosmetics will be posted on FDA’s website after Principal Associate Commissioner for Policy. industry, as well as consumer behaviors the meeting. Background material is [FR Doc. 2019–25247 Filed 11–20–19; 8:45 am] and expectations related to cosmetics, available at https://www.fda.gov/ BILLING CODE 4164–01–P have evolved. Technological and AdvisoryCommittees/Calendar/ scientific advances have been made in default.htm. Scroll down to the cosmetics production, manufacturing, appropriate advisory committee meeting DEPARTMENT OF HEALTH AND marketing, and usage, while consumer link. HUMAN SERVICES access to information about cosmetic Procedure: Interested persons may products and ingredients has expanded, present data, information, or views, Food and Drug Administration because of the internet and social media orally or in writing, on issues pending [Docket No. FDA–2018–N–3442] influences. Most notably, multiple before the committee. All electronic and cosmetic products such as lotions, written submissions submitted to the Agency Information Collection perfume, body wash, hand wash, Docket (see ADDRESSES) on or before Activities; Submission for Office of shampoo, deodorant, hair spray, baby December 4, 2019, will be provided to Management and Budget Review; wipes, nail polish, etc. are used daily by the committee. Oral presentations from Comment Request; Web-Based Pilot nearly everyone in the United States, the public will be scheduled between Survey To Assess Allergy to including infants, children, adults, approximately 12:30 p.m. and 1:30 p.m. Cosmetics in the United States geriatric populations, healthy people, Those individuals interested in making and individuals with medical formal oral presentations should notify AGENCY: Food and Drug Administration, conditions. the contact person and submit a brief HHS. Evidence indicates that the statement of the general nature of the ACTION: Notice. prevalence of allergies in the U.S. evidence or arguments they wish to population is increasing (Ref. 1). SUMMARY: The Food and Drug present, the names and addresses of However, no publicly available data has Administration (FDA) is announcing proposed participants, and an been collected on the prevalence of that a proposed collection of indication of the approximate time adverse reactions to cosmetic products information has been submitted to the requested to make their presentation on since 1975 (Ref. 2). FDA proposes a Office of Management and Budget or before November 26, 2019. Time pilot study to collect the data needed for (OMB) for review and clearance under allotted for each presentation may be a current and detailed understanding of the Paperwork Reduction Act of 1995 limited. If the number of registrants the impact of allergens on consumer use (PRA). requesting to speak is greater than can of cosmetics. In addition to updating be reasonably accommodated during the DATES: Fax written comments on the our knowledge about cosmetics, this scheduled open public hearing session, collection of information by December new information collection is consistent FDA may conduct a lottery to determine 23, 2019. with FDA’s efforts to improve public the speakers for the scheduled open ADDRESSES: To ensure that comments on awareness of adverse events associated public hearing session. The contact the information collection are received, with FDA-regulated products. In person will notify interested persons OMB recommends that written December 2016, FDA decided to make regarding their request to speak by comments be faxed to the Office of public the adverse event data in the November 27, 2019. Information and Regulatory Affairs, Center for Food Safety and Applied

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Nutrition (CFSAN) Adverse Events comment on the proposed collection of detection of differences of 6.6 Reporting System (CAERS). CAERS (and information. FDA received 82 percentage points in the estimates of its imminent successor the CFSAN comments. Several addressed issues not allergy or not with 95% confidence, Adverse Events Management System or related to the PRA, while others were 80% power, and a Design Effect of 1.1. CAEMS) provides the public with PRA related. Of the comments received, With respect to the study group transparent access to all food and several described the commenter’s composition, the sampling frame for the cosmetic related adverse events reported reactions to cosmetics, and while survey is the GfK Custom Research, Inc. to FDA. However, the information that important, these comments do not (GfK) online consumer panel, we have collected and that which will address the PRA and will not be KnowledgePanel (KP), which is a be collected through CAERS is an discussed here. probability-based consumer panel that underestimate of adverse events to Several comments discussed the is designed to be representative of the cosmetics in the United States, as not necessity and practical utility of the U.S. adult population. Because the every adverse event is reported by collection. This survey represents an purpose of this survey is limited to consumers through CAERS because ongoing effort by FDA to better obtaining nationally representative some consumers are not aware of understand cosmetic ingredients that estimates of the U.S. population that CAERS or some choose not to report. may be potential allergens, and this have a medically diagnosed allergy and To obtain additional relevant data, survey constitutes the third contract to obtain descriptive statistics on FDA proposes to conduct a pilot study, over the last few years to address cosmetics use by U.S. citizens and other ‘‘Web-based Pilot Survey to Assess allergens in cosmetics. A few comments questions, suggested oversampling of Allergy to Cosmetics in the United thought the proposed information specific groups (e.g. women, new States.’’ The objective of the current collected by the survey does not appear cosmetics users and so on) would result effort is to collect information needed to be necessary for proper performance in unequal weighting effects that would for a more current understanding of the of FDA’s functions because of the small reduce our precision for the national prevalence of adverse reactions to size of the number of respondents but estimates. cosmetics. FDA proposes to conduct an several comments described how the Several comments noted that the exploratory consumer web-based survey collection was important and needed to survey might be improved by including to collect data on consumer use of be conducted so that we can better additional questions, rephrasing cosmetic products, the frequency of understand consumer’s perception of existing questions to improve accuracy, adverse events believed to be caused by skincare and beauty products. Several avoid potential confusion, improve the allergens in cosmetics, consumer comments supported the survey because flow of the survey, and ultimately awareness of the problem, and actions they agreed with the intention and reduce time to complete the survey. (if any) taken to avoid the allergens. methods being proposed and because of Thanks to these comments, FDA has The proposed survey will use a 20- the topic’s growing interest and concern modified the survey in the following minute web-based questionnaire to to consumers. We appreciate these manner: collect information from 1,000 English- comments supporting our undertaking • In the introduction to the survey, speaking adult members of a this survey of reactions to allergens in we have added text that describes how probability-based web-enabled research cosmetics. the collection of this data will benefit panel maintained by a contractor. This survey is part of an ongoing the participant, and that data will only Selected panel members will be sent an effort by FDA to better understand be presented in aggregate form to email invitation to participate in the cosmetic ingredients that may be maintain confidentiality. We also added survey. After clicking on the link in the potential allergens, and this constitutes a definition of allergy and text that email invitation, panelists will be the third contract over the last few years describes how the collection will benefit directed to the online instrument. On to address allergens in cosmetics. The the participant, and only be presented the first screen, panelists will provide first contract in 2015–2016 conducted a in aggregate format to maintain disclosure information which includes comprehensive literature review of 26 confidentiality. informed consent and be asked if they fragrances that the European Union has • After Question (Q) 7, we added the would like to proceed with the survey. identified as allergens. The second question, ‘‘How often do you buy Consenting respondents will be contract in 2016–2017 expanded the cosmetic products labeled as ‘Fragrance- prompted to complete the survey. After inquiry to other cosmetic ingredients, free?’ ’’. OMB approval of this collection and and it tested the criteria that were • In Q14 we added additional prior to the full-scale survey, a pretest developed from the earlier contract on reactions that people might suffer, such will be conducted with 100 respondents the 26 fragrance allergens. We as burning eyes or eyelid rash. randomly selected from the panel. appreciate comments of support for • In Qs 1, 11, 14 and 15, to products The web-based panel is designed to be undertaking this survey of reactions to numbers 39–41 and 45,’’excluding representative of the U.S. adult allergens in cosmetics. sunscreens’’ has been added to prevent population. This representation is A few comments had concerns about reporting of allergies to over the counter achieved through address-based the study population of the survey and drug regulated products. sampling where every U.S. adult with its size. With respect to the statistical • In Q18, we added clarifying an address (including those who do not power of the study, FDA notes that the definitions for mobility, self-care, etc. have a landline phone number) has an relevant questions are binary (e.g., do • In Q27, ‘‘fragrance mix ingredients’’ equal probability of being selected for you have an allergy or not, has it been was changed to ‘‘fragrance mix participation. medically confirmed or not, etc.), which allergens’’. This pilot study is part of the allows precise estimates for the fraction • Qs 23–27 were moved to Agency’s continuing effort to of adults reporting an allergy and the immediately follow Q13 for a more understand the impact of allergens on fraction having had the allergy logical flow. cosmetics. medically confirmed with a relatively In addition to these changes, we have In the Federal Register of November smaller sample. Based on the power carefully considered and decided not to 8, 2018 (83 FR 55896), FDA published calculations performed for this study, make revisions based on the following a 60-day notice requesting public 1,000 completed surveys will allow suggestions:

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• Suggestion to add feminine and found these ingredients to be of adults that believe they have an allergy products to product list: We recognize most interest. (based on data from Q12) and the that the product list given in the survey • Suggestion to clarify the terms fraction that have actually confirmed is fairly aggregated. However, adding ‘‘product’’, ‘‘cosmetic’’, and ‘‘cosmetic this allergy (based on data from Q23). more products (or splitting existing product’’: We conducted several This should provide a more complete products) may make the survey longer cognitive interviews and the use of picture of the incidence of allergies to and more difficult to complete. A these terms did not seem to create any cosmetics that is currently lacking. primary limitation to the length of the problems for the participants. • Suggestions to include additional • Symptoms and clinical signs of skin survey is that the survey should be questions: Allergic reactions to allergies: For question 14, the following short-enough so that it can be completed cosmetics worn by other individuals, reactions were listed: Burning, in 20 minutes or less. The desired caused by other products (e.g., laundry Blistering, Hair Loss, Itchiness, Scabs or sample size would be more difficult to detergents), health conditions beyond Scales, Skin Rash or Redness, and achieve by lengthening the survey. allergies, and economic costs, are • Swelling. These reactions are in Suggestion to omit questions beyond the scope of this survey. A agreement with the American College of regarding expiration dates: Although primary limitation is that the survey cosmetic products are not required to Allergy, Asthma, & Immunology list of needs to be short-enough so that it can have an expiration date printed on them the symptoms for cosmetic dermatitis: be completed in 20 minutes or less and (as pointed out by commenters), we Red, irritated skin, itching, swelling, making the survey longer would likely have determined that some products do bumps or blisters, hot or tender skin make it more difficult to achieve the include expiration dates. The purpose of (https://acaai.org/allergies/types/skin- desired sample size. these questions is to determine whether allergies/contact-dermatitis). Further, this information, when available, is research suggests that allergic contact Finally, a few comments indicated used by the consumer. dermatitis of the scalp can be a cause of that the estimated time to complete the • Suggestions to use another list of hair loss (https://jamanetwork.com/ survey is too low and that a reduction allergens (Q26): Commenters are correct journals/jamadermatology/fullarticle/ in survey length could positively that other lists of allergens are available 478194). improve survey results. These (such as the American Contact • Linking allergic reaction to a single comments also believe the survey will Dermatitis Society (ACDS)), in addition product or ingredient: We agree that it reflect inadequacies and access which to the one provided in our survey. may be difficult to isolate an allergic will impact respondent input and FDA However, it is important to note that the reaction to a single product or causative discovery. As discussed earlier, the ACDS is only one of many patch tests ingredient. Still, some consumers are survey will be conducted using the GfK that could be used and is not actually able to accurately pinpoint the online consumer panel, KP. GfK the standard patch test in the United ingredient. Asking first whether a routinely conducts surveys of this States (TRUE test is the only patch test person has an allergy (Q12) and then length using their panel and we are approved for use by FDA). FDA chose following it up with questions about confident we will achieve 1,000 the list included in the survey based on whether it has been medically completes. an independent review of sensitization confirmed (Q23) should allow one to FDA estimates the burden of this data for various cosmetics ingredients adequately estimate the fraction of collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Study component Number of responses per Total annual Average burden per response Total hours respondents respondent responses

Pretest invitation ...... 200 1 200 0.033 (2 minutes) ...... 7 Pretest ...... 100 1 100 0.333 (20 minutes) ...... 33 Survey Invitation ...... 1,667 1 1,667 0.033 (2 minutes) ...... 55 Survey ...... 1,000 1 1,000 0.333 (20 minutes) ...... 333

Total ...... 428 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

II. References address, if listed. References without Consumers’ Perceptions of Adverse asterisks are available for viewing only Reactions to Cosmetic Products.’’ Final The following references marked with at the Dockets Management Staff. FDA report submitted to U.S. Department of an asterisk (*) are on display at the has verified the website addresses, as of Health, Education, and Welfare, Food Dockets Management Staff (HFA–305), the date this document publishes in the and Drug Administration. June 1975. Food and Drug Administration, 5630 Federal Register, but websites are Dated: November 12, 2019. Fishers Lane, Rm. 1061, Rockville, MD, subject to change over time. 20852 and are available for viewing by Lowell J. Schiller, interested persons between 9 a.m. and 4 1. Peiser, M., T. Traulau, J. Heidler, et al., Principal Associate Commissioner for Policy. ‘‘Allergic Contact Dermatitis: p.m., Monday through Friday; they are [FR Doc. 2019–25274 Filed 11–20–19; 8:45 am] Epidemiology, Molecular Mechanisms, also available electronically at https:// In Vitro Methods and Regulatory BILLING CODE 4164–01–P www.regulations.gov. References Aspects. Current Knowledge Assembled without asterisks are not on public at an International Workshop at BfR, display at https://www.regulations.gov Germany.’’ Cellular and Molecular Life because they have copyright restriction. Sciences, 69:763–781, 2012. Some may be available at the website 2. * Westat, Inc., ‘‘An Investigation of

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DEPARTMENT OF HEALTH AND applications or information, and • Confidential Submissions—To HUMAN SERVICES consider any comments submitted to the submit a comment with confidential docket, as appropriate. information that you do not wish to be Food and Drug Administration You may submit comments as made publicly available, submit your follows: comments only as a written/paper [Docket No. FDA–2019–N–5035] Electronic Submissions submission. You should submit two Anesthetic and Analgesic Drug copies total. One copy will include the Submit electronic comments in the Products Advisory Committee; Notice information you claim to be confidential following way: with a heading or cover note that states of Meeting; Establishment of a Public • Federal eRulemaking Portal: Docket; Request for Comments ‘‘THIS DOCUMENT CONTAINS https://www.regulations.gov. Follow the CONFIDENTIAL INFORMATION.’’ FDA AGENCY: Food and Drug Administration, instructions for submitting comments. will review this copy, including the HHS. Comments submitted electronically, claimed confidential information, in its including attachments, to https:// ACTION: Notice, establishment of a consideration of comments. The second public docket; request for comments. www.regulations.gov will be posted to copy, which will have the claimed the docket unchanged. Because your confidential information redacted/ SUMMARY: The Food and Drug comment will be made public, you are blacked out, will be available for public Administration (FDA) announces a solely responsible for ensuring that your viewing and posted on https:// forthcoming public advisory committee comment does not include any www.regulations.gov. Submit both meeting of the Anesthetic and Analgesic confidential information that you or a copies to the Dockets Management Staff. Drug Products Advisory Committee. The third party may not wish to be posted, If you do not wish your name and general function of the committee is to such as medical information, your or contact information be made publicly provide advice and recommendations to anyone else’s Social Security number, or available, you can provide this FDA on regulatory issues. The meeting confidential business information, such information on the cover sheet and not will be open to the public. FDA is as a manufacturing process. Please note in the body of your comments and you establishing a docket for public that if you include your name, contact must identify the information as comment on this document. information, or other information that ‘‘confidential.’’ Any information marked DATES: The meeting will be held on identifies you in the body of your as ‘‘confidential’’ will not be disclosed January 16, 2020, from 8 a.m. to 5 p.m. comments, that information will be except in accordance with 21 CFR 10.20 posted on https://www.regulations.gov. and other applicable disclosure law. For ADDRESSES: FDA White Oak Campus, • If you want to submit a comment 10903 New Hampshire Ave., Bldg. 31 more information about FDA’s posting with confidential information that you of comments to public dockets, see 80 Conference Center, the Great Room (Rm. do not wish to be made available to the 1503), Silver Spring, MD 20993–0002. FR 56469, September 18, 2015, or access public, submit the comment as a the information at: https://www.gpo.gov/ Answers to commonly asked questions written/paper submission and in the including information regarding special fdsys/pkg/FR-2015-09-18/pdf/2015- manner detailed (see ‘‘Written/Paper 23389.pdf. accommodations due to a disability, Submissions’’ and ‘‘Instructions’’). visitor parking, and transportation may Docket: For access to the docket to be accessed at: https://www.fda.gov/ Written/Paper Submissions read background documents or the AdvisoryCommittees/ Submit written/paper submissions as electronic and written/paper comments AboutAdvisoryCommittees/ follows: received, go to https:// ucm408555.htm. • Mail/Hand Delivery/Courier (for www.regulations.gov and insert the FDA is establishing a docket for written/paper submissions): Dockets docket number, found in brackets in the public comment on this meeting. The Management Staff (HFA–305), Food and heading of this document, into the docket number is FDA–2019–N–5035. Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts The docket will close on January 15, Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management 2020. Submit either electronic or • For written/paper comments Staff, 5630 Fishers Lane, Rm. 1061, written comments on this public submitted to the Dockets Management Rockville, MD 20852. meeting by January 15, 2020. Please Staff, FDA will post your comment, as FOR FURTHER INFORMATION CONTACT: note that late, untimely filed comments well as any attachments, except for Moon Hee V. Choi, Center for Drug will not be considered. Electronic information submitted, marked and Evaluation and Research, Food and comments must be submitted on or identified, as confidential, if submitted Drug Administration, 10903 New before January 15, 2020. The https:// as detailed in ‘‘Instructions.’’ Hampshire Ave., Bldg. 31, Rm. 2417, www.regulations.gov electronic filing Instructions: All submissions received Silver Spring, MD 20993–0002, 301– system will accept comments until must include the Docket No. FDA– 796–9001, Fax: 301–847–8533, email: 11:59 p.m. Eastern Time at the end of 2019–N–5035 for ‘‘Anesthetic and [email protected], or FDA January 15, 2020. Comments received by Analgesic Drug Products Advisory Advisory Committee Information Line, mail/hand delivery/courier (for written/ Committee; Notice of Meeting; 1–800–741–8138 (301–443–0572 in the paper submissions) will be considered Establishment of a Public Docket; Washington, DC area). A notice in the timely if they are postmarked or the Request for Comments.’’ Received Federal Register about last minute delivery service acceptance receipt is on comments, those filed in a timely modifications that impact a previously or before that date. manner (see ADDRESSES), will be placed announced advisory committee meeting Comments received on or before in the docket and, except for those cannot always be published quickly January 2, 2020, will be provided to the submitted as ‘‘Confidential enough to provide timely notice. committee. Comments received after Submissions,’’ publicly viewable at Therefore, you should always check the that date will be taken into https://www.regulations.gov or at the FDA’s website at https://www.fda.gov/ consideration by FDA. In the event that Dockets Management Staff between 9 AdvisoryCommittees/default.htm and the meeting is cancelled, FDA will a.m. and 4 p.m., Monday through scroll down to the appropriate advisory continue to evaluate any relevant Friday. committee meeting link, or call the

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advisory committee information line to For press inquiries, please contact the or to show evidence of having in effect learn about possible modifications Office of Media Affairs at fdaoma@ in order to qualify or remain qualified before coming to the meeting. fda.hhs.gov or 301–796–4540. for participation in the National Flood SUPPLEMENTARY INFORMATION: FDA welcomes the attendance of the Insurance Program (NFIP). In addition, Agenda: The committee will discuss public at its advisory committee the FIRM and FIS report, once effective, new drug application (NDA) 204803, meetings and will make every effort to will be used by insurance agents and bupivacaine extended-release solution accommodate persons with disabilities. others to calculate appropriate flood for instillation, submitted by DURECT If you require accommodations due to a insurance premium rates for new Corp., for the proposed indication of disability, please contact Moon Hee V. buildings and the contents of those post-surgical analgesia. The committee Choi (see FOR FURTHER INFORMATION buildings. will discuss whether the Applicant CONTACT) at least 7 days in advance of DATES: Comments are to be submitted adequately demonstrated the safety and the meeting. on or before February 19, 2020. efficacy of bupivacaine extended-release FDA is committed to the orderly solution for post-surgical analgesia and conduct of its advisory committee ADDRESSES: The Preliminary FIRM, and the appropriateness of the proposed meetings. Please visit our website at where applicable, the FIS report for patient populations. The committee will https://www.fda.gov/ each community are available for also be asked to discuss the AdvisoryCommittees/ inspection at both the online location approvability of this product. AboutAdvisoryCommittees/ https://www.fema.gov/ FDA intends to make background ucm111462.htm for procedures on preliminaryfloodhazarddata and the material available to the public no later public conduct during advisory respective Community Map Repository than 2 business days before the meeting. committee meetings. address listed in the tables below. If FDA is unable to post the background Notice of this meeting is given under Additionally, the current effective FIRM material on its website prior to the the Federal Advisory Committee Act (5 and FIS report for each community are meeting, the background material will U.S.C. app. 2). accessible online through the FEMA be made publicly available at the Map Service Center at https:// location of the advisory committee Dated: November 15, 2019. msc.fema.gov for comparison. meeting, and the background material Lowell J. Schiller, You may submit comments, identified will be posted on FDA’s website after Principal Associate Commissioner for Policy. by Docket No. FEMA–B–1973, to Rick the meeting. Background material is [FR Doc. 2019–25278 Filed 11–20–19; 8:45 am] Sacbibit, Chief, Engineering Services available at https://www.fda.gov/ BILLING CODE 4164–01–P Branch, Federal Insurance and AdvisoryCommittees/Calendar/ Mitigation Administration, FEMA, 400 default.htm. Scroll down to the C Street SW, Washington, DC 20472, appropriate advisory committee meeting DEPARTMENT OF HOMELAND (202) 646–7659, or (email) link. SECURITY [email protected]. Procedure: Interested persons may FOR FURTHER INFORMATION CONTACT: Rick present data, information, or views, Federal Emergency Management Sacbibit, Chief, Engineering Services orally or in writing, on issues pending Agency Branch, Federal Insurance and before the committee. All electronic and [Docket ID FEMA–2019–0002; Internal Mitigation Administration, FEMA, 400 written submissions submitted to the Agency Docket No. FEMA–B–1973] C Street SW, Washington, DC 20472, Docket (see ADDRESSES) on or before (202) 646–7659, or (email) January 2, 2020, will be provided to the Proposed Flood Hazard [email protected]; or visit committee. Oral presentations from the Determinations the FEMA Map Information eXchange public will be scheduled between (FMIX) online at https:// AGENCY: Federal Emergency approximately 1 p.m. and 2 p.m. Those www.floodmaps.fema.gov/fhm/fmx_ Management Agency, DHS. individuals interested in making formal main.html. oral presentations should notify the ACTION: Notice. contact person and submit a brief SUPPLEMENTARY INFORMATION: FEMA statement of the general nature of the SUMMARY: Comments are requested on proposes to make flood hazard evidence or arguments they wish to proposed flood hazard determinations, determinations for each community present, the names and addresses of which may include additions or listed below, in accordance with section proposed participants, and an modifications of any Base Flood 110 of the Flood Disaster Protection Act indication of the approximate time Elevation (BFE), base flood depth, of 1973, 42 U.S.C. 4104, and 44 CFR requested to make their presentation on Special Flood Hazard Area (SFHA) 67.4(a). or before December 20, 2019. Time boundary or zone designation, or These proposed flood hazard allotted for each presentation may be regulatory floodway on the Flood determinations, together with the limited. If the number of registrants Insurance Rate Maps (FIRMs), and floodplain management criteria required requesting to speak is greater than can where applicable, in the supporting by 44 CFR 60.3, are the minimum that be reasonably accommodated during the Flood Insurance Study (FIS) reports for are required. They should not be scheduled open public hearing session, the communities listed in the table construed to mean that the community FDA may conduct a lottery to determine below. The purpose of this notice is to must change any existing ordinances the speakers for the scheduled open seek general information and comment that are more stringent in their public hearing session. The contact regarding the preliminary FIRM, and floodplain management requirements. person will notify interested persons where applicable, the FIS report that the The community may at any time enact regarding their request to speak by Federal Emergency Management Agency stricter requirements of its own or December 23, 2019. (FEMA) has provided to the affected pursuant to policies established by other Persons attending FDA’s advisory communities. The FIRM and FIS report Federal, State, or regional entities. committee meetings are advised that are the basis of the floodplain These flood hazard determinations are FDA is not responsible for providing management measures that the used to meet the floodplain access to electrical outlets. community is required either to adopt management requirements of the NFIP

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and are used to calculate the experts in hydrology, hydraulics, and www.fema.gov/ appropriate flood insurance premium other pertinent sciences established to preliminaryfloodhazarddata and the rates for new buildings built after the review conflicting scientific and respective Community Map Repository FIRM and FIS report become effective. technical data and provide address listed in the tables. For The communities affected by the recommendations for resolution. Use of communities with multiple ongoing flood hazard determinations are the SRP only may be exercised after Preliminary studies, the studies can be provided in the tables below. Any FEMA and local communities have been identified by the unique project number request for reconsideration of the engaged in a collaborative consultation and Preliminary FIRM date listed in the revised flood hazard information shown process for at least 60 days without a tables. Additionally, the current on the Preliminary FIRM and FIS report mutually acceptable resolution of an effective FIRM and FIS report for each that satisfies the data requirements appeal. Additional information community are accessible online outlined in 44 CFR 67.6(b) is considered regarding the SRP process can be found through the FEMA Map Service Center an appeal. Comments unrelated to the online at https://www.floodsrp.org/pdfs/ at https://msc.fema.gov for comparison. flood hazard determinations also will be srp_overview.pdf. (Catalog of Federal Domestic Assistance No. considered before the FIRM and FIS The watersheds and/or communities 97.022, ‘‘Flood Insurance.’’) report become effective. affected are listed in the tables below. Michael M. Grimm, Use of a Scientific Resolution Panel The Preliminary FIRM, and where Assistant Administrator for Risk (SRP) is available to communities in applicable, FIS report for each Management, Department of Homeland support of the appeal resolution community are available for inspection Security, Federal Emergency Management process. SRPs are independent panels of at both the online location https:// Agency.

Community Community map repository address

Cumberland County, Pennsylvania (All Jurisdictions)

Project: 15–03–0142S Preliminary Date: May 14, 2019

Borough of Camp Hill ...... Borough Administration Office, 2145 Walnut Street, Camp Hill, PA 17011. Borough of Carlisle ...... Municipal Building, 53 West South Street, Carlisle, PA 17013. Borough of Lemoyne ...... Borough Office, 510 Herman Avenue, Lemoyne, PA 17043. Borough of Mechanicsburg ...... Borough Office, 36 West Allen Street, Mechanicsburg, PA 17055. Borough of Mount Holly Springs ...... Municipal Building, 200 Harman Street, Mount Holly Springs, PA 17065. Borough of Newburg ...... Borough Office, 105 West Main Street, Newburg, PA 17240. Borough of New Cumberland ...... Borough Office, 1120 Market Street, New Cumberland, PA 17070. Borough of Newville ...... Borough Office, 4 West Street, Newville, PA 17241. Borough of Shippensburg ...... Borough Office, 111 North Fayette Street, Shippensburg, PA 17257. Borough of Shiremanstown ...... Borough Office, 1 Park Lane, Shiremanstown, PA 17011. Borough of Wormleysburg ...... Borough Hall, 20 Market Street, Wormleysburg, PA 17043. Township of Cooke ...... Cooke Township Office, 1700 Centerville Road, Newville, PA 17241. Township of Dickinson ...... Dickinson Township Building, 219 Mountain View Road, Mount Holly Springs, PA 17065. Township of East Pennsboro ...... East Pennsboro Township Community and Municipal Center, 98 South Enola Drive, Enola, PA 17025. Township of Hampden ...... Hampden Township Municipal Building, 230 South Sporting Hill Road, Mechanicsburg, PA 17050. Township of Hopewell ...... Hopewell Township Administration Building, 415 Three Square Hollow Road, Newburg, PA 17240. Township of Lower Allen ...... Lower Allen Township Municipal Services Center, 2233 Gettysburg Road, Camp Hill, PA 17011. Township of Lower Frankford ...... Lower Frankford Township Municipal Building, 1205 Easy Road, Car- lisle, PA 17015. Township of Lower Mifflin ...... Lower Mifflin Township Office, 529 Shed Road, Newville, PA 17241. Township of Middlesex ...... Middlesex Township Building, 350 North Middlesex Road, Carlisle, PA 17013. Township of Monroe ...... Monroe Township Municipal Complex, 1220 Boiling Springs Road, Me- chanicsburg, PA 17055. Township of North Middleton ...... North Middleton Township Municipal Building, 2051 Spring Road, Car- lisle, PA 17013. Township of North Newton ...... North Newton Township Administrative Office, 528 Oakville Road, Shippensburg, PA 17257. Township of Penn ...... Penn Township Municipal Building, 1301 Centerville Road, Newville, PA 17241. Township of Shippensburg ...... Township Municipal Office, 81 Walnut Bottom Road, Shippensburg, PA 17257. Township of Silver Spring ...... Silver Spring Township Building, 8 Flowers Drive, Mechanicsburg, PA 17050. Township of Southampton...... Southampton Township Municipal Building, 200 Airport Road, Shippensburg, PA 17257. Township of South Middleton ...... South Middleton Township Municipal Building, 520 Park Drive, Boiling Springs, PA 17007.

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Community Community map repository address

Township of South Newton ...... South Newton Township Municipal Building, 11 High Mountain Road, Walnut Bottom, PA 17266. Township of Upper Allen ...... Upper Allen Township Building, 100 Gettysburg Pike, Mechanicsburg, PA 17055. Township of Upper Frankford ...... Upper Frankford Township Building, 660 Mohawk Road, Newville, PA 17241. Township of Upper Mifflin ...... Upper Mifflin Township Municipal Building, 455 Whiskey Run Road, Newville, PA 17241. Township of West Pennsboro ...... West Pennsboro Township Municipal Building, 2150 Newville Road, Carlisle, PA 17015.

[FR Doc. 2019–25245 Filed 11–20–19; 8:45 am] revise the FIRM panels and FIS report of the community as listed in the table BILLING CODE 9110–12–P in effect prior to this determination for below. the listed communities. The modifications are made pursuant From the date of the second to section 201 of the Flood Disaster DEPARTMENT OF HOMELAND publication of notification of these Protection Act of 1973, 42 U.S.C. 4105, SECURITY changes in a newspaper of local and are in accordance with the National circulation, any person has 90 days in Federal Emergency Management Flood Insurance Act of 1968, 42 U.S.C. which to request through the 4001 et seq., and with 44 CFR part 65. Agency community that the Deputy Associate Administrator for Insurance and The FIRM and FIS report are the basis [Docket ID FEMA–2019–0002; Internal of the floodplain management measures Agency Docket No. FEMA–B–1974] Mitigation reconsider the changes. The flood hazard determination information that the community is required either to Changes in Flood Hazard may be changed during the 90-day adopt or to show evidence of having in Determinations period. effect in order to qualify or remain qualified for participation in the ADDRESSES: AGENCY: Federal Emergency The affected communities National Flood Insurance Program Management Agency, DHS. are listed in the table below. Revised (NFIP). ACTION: Notice. flood hazard information for each community is available for inspection at These flood hazard determinations, SUMMARY: This notice lists communities both the online location and the together with the floodplain where the addition or modification of respective community map repository management criteria required by 44 CFR Base Flood Elevations (BFEs), base flood address listed in the table below. 60.3, are the minimum that are required. depths, Special Flood Hazard Area Additionally, the current effective FIRM They should not be construed to mean (SFHA) boundaries or zone and FIS report for each community are that the community must change any designations, or the regulatory floodway accessible online through the FEMA existing ordinances that are more (hereinafter referred to as flood hazard Map Service Center at https:// stringent in their floodplain determinations), as shown on the Flood msc.fema.gov for comparison. management requirements. The Insurance Rate Maps (FIRMs), and Submit comments and/or appeals to community may at any time enact where applicable, in the supporting the Chief Executive Officer of the stricter requirements of its own or Flood Insurance Study (FIS) reports, community as listed in the table below. pursuant to policies established by other prepared by the Federal Emergency FOR FURTHER INFORMATION CONTACT: Rick Federal, State, or regional entities. The Management Agency (FEMA) for each Sacbibit, Chief, Engineering Services flood hazard determinations are in community, is appropriate because of Branch, Federal Insurance and accordance with 44 CFR 65.4. new scientific or technical data. The Mitigation Administration, FEMA, 400 The affected communities are listed in FIRM, and where applicable, portions of C Street SW, Washington, DC 20472, the following table. Flood hazard the FIS report, have been revised to (202) 646–7659, or (email) determination information for each reflect these flood hazard [email protected]; or visit community is available for inspection at determinations through issuance of a the FEMA Map Information eXchange both the online location and the Letter of Map Revision (LOMR), in (FMIX) online at https:// respective community map repository accordance with Federal Regulations. www.floodmaps.fema.gov/fhm/fmx_ address listed in the table below. The LOMR will be used by insurance main.html. Additionally, the current effective FIRM agents and others to calculate SUPPLEMENTARY INFORMATION: The and FIS report for each community are appropriate flood insurance premium specific flood hazard determinations are accessible online through the FEMA rates for new buildings and the contents not described for each community in Map Service Center at https:// of those buildings. For rating purposes, this notice. However, the online msc.fema.gov for comparison. the currently effective community location and local community map (Catalog of Federal Domestic Assistance No. number is shown in the table below and repository address where the flood 97.022, ‘‘Flood Insurance.’’) must be used for all new policies and hazard determination information is Michael M. Grimm, renewals. available for inspection is provided. Assistant Administrator for Risk DATES: These flood hazard Any request for reconsideration of Management, Department of Homeland determinations will be finalized on the flood hazard determinations must be Security, Federal Emergency Management dates listed in the table below and submitted to the Chief Executive Officer Agency.

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

Colorado: Boulder ...... City of Boulder The Honorable Suzanne Central Records Depart- https://msc.fema.gov/portal/ Feb. 24, 2020 .... 080024 (19–08–0629P). Jones, Mayor, City of ment, 1777 Broadway advanceSearch. Boulder, 1777 Broad- Street, Boulder, CO way Street, Boulder, 80302. CO 80302. Summit ...... Town of The Honorable Eric Public Works Department, https://msc.fema.gov/portal/ Jan. 13, 2020 ..... 080172 Breckenridge Mamula, Mayor, Town 1095 Airport Road, advanceSearch. (19–08–0262P). of Breckenridge, P.O. Breckenridge, CO Box 168, Breckenridge, 80424. CO 80424. Weld ...... City of Greeley The Honorable John City Hall, 1000 10th https://msc.fema.gov/portal/ Jan. 16, 2020 ..... 080184 (19–08–0012P). Gates, Mayor, City of Street, Greeley, CO advanceSearch. Greeley, 1000 10th 80631. Street, Greeley, CO 80631. Weld ...... Unincorporated The Honorable Barbara Weld County Department https://msc.fema.gov/portal/ Jan. 16, 2020 ..... 080266 areas of Weld Kirkmeyer, Chair, Weld of Planning and Zoning, advanceSearch. County (19– County Board of Com- 1555 North 17th Ave- 08–0012P). missioners, P.O. Box nue, Greeley, CO 758, Greeley, CO 80631. 80632. Connecticut: Hart- Town of West The Honorable Matthew Town Hall, 50 South Main https://msc.fema.gov/portal/ Jan. 17, 202 ...... 095082 ford. Hartford (19– Hart, Town of West Street, West Hartford, advanceSearch. 01–1237P). Hartford Manager, 50 CT 06107. South Main Street, West Hartford, CT 06107. Delaware: New Unincorporated Mr. Matthew Meyer, New New Castle County Gov- https://msc.fema.gov/portal/ Feb. 6, 2020 ...... 105085 Castle. areas of New Castle County Execu- ernment Center, 87 advanceSearch. Castle County. tive 87 Reads Way, Reads Way, New Cas- (19–03–0220P) .. New Castle, DE 19720. tle, DE 19720. Florida: Charlotte ...... Unincorporated The Honorable Ken Charlotte County Building https://msc.fema.gov/portal/ Jan. 13, 2020 ..... 120061 areas of Char- Doherty, Chairman, Department, 18500 advanceSearch. lotte County Charlotte County Board Murdock Circle, Port (19–04–5020P). of Commissioners, Charlotte, FL 33948. 18500 Murdock Circle, Suite 536, Port Char- lotte, FL 33948. Lee ...... City of Bonita The Honorable Peter Sim- Community Development https://msc.fema.gov/portal/ Jan. 28, 2020 ..... 120680 Springs (19– mons, Mayor, City of Department, 9220 advanceSearch. 04–5151P). Bonita Springs, 9101 Bonita Beach Road, Bonita Beach Road, Bonita Springs, FL Bonita Springs, FL 34135. 34135. Lee ...... City of Sanibel The Honorable Kevin Development Services, https://msc.fema.gov/portal/ Jan. 9, 2020 ...... 120402 (19–04–4688P). Ruane, Mayor, City of Planning Division, 800 advanceSearch. Sanibel, 800 Dunlop Dunlop Road, Sanibel, Road, Sanibel, FL FL 33957. 33957. Orange ...... City of Orlando The Honorable Buddy W. Public Works Department, https://msc.fema.gov/portal/ Jan. 28, 2020 ..... 120186 (19–04–5111P). Dyer, Mayor, City of Or- Engineering Division, advanceSearch. lando, P.O. Box 4990, 400 South Orange Ave- Orlando, FL 32802. nue, 8th Floor, Orlando, FL 32801. Polk ...... Unincorporated The Honorable George Polk County Land Devel- https://msc.fema.gov/portal/ Jan. 30, 2020 ..... 120261 areas of Polk Lindsey III, Chairman, opment Division, 330 advanceSearch. County (19– Polk County Board of West Church Street, 04–0781P). Commissioners, P.O. Bartow, FL 33830. Box 9005, Drawer BC01, Bartow, FL 33831. Volusia ...... City of Daytona The Honorable Derrick L. Utilities Department, 125 https://msc.fema.gov/portal/ Jan. 10, 2020 ..... 125099 Beach (19–04– Henry, Mayor, City of Basin Street, Suite 131, advanceSearch. 0945P). Daytona Beach, 301 Daytona Beach, FL South Ridgewood Ave- 32115. nue, Room 200, Day- tona Beach, FL 32114. Volusia ...... Unincorporated Mr. George Volusia County Building https://msc.fema.gov/portal/ Jan. 10, 2020 ..... 125155 areas of Recktendwald, Volusia and Zoning Depart- advanceSearch. Volusia County County Manager, 123 ment, 123 West Indiana (19–04–0945P). West Indiana Avenue, Avenue, DeLand, FL DeLand, FL 32720. 32720. Maine: Lincoln ...... Town of The Honorable Gerald L. Code Enforcement De- https://msc.fema.gov/portal/ Jan. 17, 2020 ..... 230221 Southport (19– Gamage, Chairman, partment, 361 Hen- advanceSearch. 01–0607P). Town of Southport dricks Hill Road, Board of Selectmen, Southport, ME 04576. P.O. Box 149, Southport, ME 04576.

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

New York: Mont- City of Amster- The Honorable Michael J. City Hall, 61 Church https://msc.fema.gov/portal/ Mar. 20, 2020 .... 360440 gomery. dam (19–02– Villa, Mayor, City of Street, Amsterdam, NY advanceSearch. 1207P). Amsterdam, 61 Church 12010. Street, Amsterdam, NY 12010. North Carolina: Or- Town of Carrboro The Honorable Lydia Planning Department, 301 https://msc.fema.gov/portal/ Feb. 4, 2020 ...... 370275 ange. (19–04–0720P). Lavelle, Mayor, Town of West Main Street, advanceSearch. Carrboro, 301 West Carrboro, NC 27510. Main Street, Carrboro, NC 27510. Ohio: Warren ...... City of Lebanon The Honorable Amy Engineering Department, https://msc.fema.gov/portal/ Feb. 10, 2020 .... 390557 (19–05–2274P). Brewer, Mayor, City of 50 South Broadway advanceSearch. Lebanon, 50 South Street, Lebanon, OH Broadway Street, Leb- 45036. anon, OH 45036. Oklahoma: Canadian ...... City of Oklahoma The Honorable David Department of Public https://msc.fema.gov/portal/ Feb. 21, 2020 .... 405378 City (19–06– Holt, Mayor, City of Works, 420 West Main advanceSearch. 3217P). Oklahoma City, 200 Street, Suite 700, Okla- North Walker Avenue, homa City, OK 73102. Oklahoma City, OK 73102. Tulsa ...... City of Collins- The Honorable Bud York, Engineering Department, https://msc.fema.gov/portal/ Feb. 10, 2020 .... 400360 ville (19–06– Mayor, City of Collins- 106 North 12th Street, advanceSearch. 1337P). ville, P.O. Box 730, Col- Collinsville, OK 74021. linsville, OK 74021. Tulsa ...... Unincorporated The Honorable Karen Tulsa County Inspections https://msc.fema.gov/portal/ Feb. 10, 2020 .... 400462 areas of Tulsa Keith, Chair, Tulsa Department, 633 West advanceSearch. County (19– County Board of Com- 3rd Street, Tulsa, OK 06–1337P). missioners, 500 South 74127. Denver Avenue, Tulsa, OK 74103. Texas: Bexar ...... City of Converse The Honorable Al Suarez, City Hall, 406 South https://msc.fema.gov/portal/ Jan. 13, 2020 ..... 480038 (18–06–2882P). Mayor, City of Con- Seguin Road, Con- advanceSearch. verse, 406 South verse, TX 78109. Seguin Road, Con- verse, TX 78109. Collin ...... City of Frisco The Honorable Jeff Che- Engineering Services De- https://msc.fema.gov/portal/ Feb. 3, 2020 ...... 480134 (19–06–1915P). ney, Mayor, City of Fris- partment, 6101 Frisco advanceSearch. co, 6101 Frisco Square Square Boulevard, Fris- Boulevard, Frisco, TX co, TX 75034. 75034. Denton ...... City of Highland Mr. Michael Leavitt, City City Hall, 1000 Highland https://msc.fema.gov/portal/ Jan. 31, 2020 ..... 481105 Village (19– of Highland Village Village Road, Highland advanceSearch. 06–0868P). Manager, 1000 High- Village, TX 75077. land Village Road, Highland Village, TX 75077. Harris ...... Unincorporated The Honorable Lina Hi- Harris County Engineering https://msc.fema.gov/portal/ Jan. 27, 2020 ..... 480287 areas of Harris dalgo, Harris County Department, Permits Di- advanceSearch. County (19– Judge, 1001 Preston vision, 10555 Northwest 06–0834P). Street, Suite 911, Hous- Freeway, Suite 120, ton, TX 77002. Houston, TX 77092. Montgomery ... Unincorporated The Honorable Mark J. Montgomery County Alan https://msc.fema.gov/portal/ Jan. 27, 2020 ..... 480483 areas of Mont- Keough, Montgomery B. Sadler Commis- advanceSearch. gomery County County Judge, 501 sioners Court Building, (19–06–0834P). North Thompson Street, 501 North Thompson Suite 401, Conroe, TX Street, Suite 100, Con- 77301. roe, TX 77301. Tarrant ...... City of Euless The Honorable Linda Mar- Planning and Engineering https://msc.fema.gov/portal/ Feb. 6, 2020 ...... 480593 (19–06–0184P). tin, Mayor, City of Eu- Department, 201 North advanceSearch. less, 201 North Ector Ector Drive, Euless, TX Drive, Euless, TX 76039. 76039. Tarrant ...... City of Fort The Honorable Betsy Transportation and Public https://msc.fema.gov/portal/ Feb. 6, 2020 ...... 480596 Worth (19–06– Price, Mayor, City of Works Department, En- advanceSearch. 0498P). Fort Worth, 200 Texas gineering Vault, 200 Street, Fort Worth, TX Texas Street, Fort 76102. Worth, TX 76102. Tarrant ...... City of Haltom The Honorable An Public Works Services https://msc.fema.gov/portal/ Feb. 6, 2020 ...... 480599 City (19–06– Truong, Mayor, City of Department, 4200 Hollis advanceSearch. 0498P). Haltom City, 5024 Street, Haltom City, TX Broadway Avenue, 76111. Haltom City, TX 76117. Utah: Salt Lake ..... City of Riverton The Honorable Trent Public Works Department, https://msc.fema.gov/portal/ Feb. 13, 2020 .... 490104 (19–08–0446P). Staggs, Mayor, City of 12526 South 4150 advanceSearch. Riverton, 12830 South West, Riverton, UT Redwood Road, Riv- 84096. erton, UT 84065.

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[FR Doc. 2019–25244 Filed 11–20–19; 8:45 am] https://www.fema.gov/ The communities affected by the BILLING CODE 9110–12–P preliminaryfloodhazarddata and the flood hazard determinations are respective Community Map Repository provided in the tables below. Any address listed in the tables below. request for reconsideration of the DEPARTMENT OF HOMELAND Additionally, the current effective FIRM revised flood hazard information shown SECURITY and FIS report for each community are on the Preliminary FIRM and FIS report accessible online through the FEMA that satisfies the data requirements Federal Emergency Management Map Service Center at https:// outlined in 44 CFR 67.6(b) is considered Agency msc.fema.gov for comparison. an appeal. Comments unrelated to the [Docket ID FEMA–2019–0002; Internal You may submit comments, identified flood hazard determinations also will be Agency Docket No. FEMA–B–1972] by Docket No. FEMA–B–1972, to Rick considered before the FIRM and FIS Sacbibit, Chief, Engineering Services report become effective. Proposed Flood Hazard Branch, Federal Insurance and Use of a Scientific Resolution Panel Determinations Mitigation Administration, FEMA, 400 (SRP) is available to communities in AGENCY: Federal Emergency C Street SW, Washington, DC 20472, support of the appeal resolution Management Agency, DHS. (202) 646–7659, or (email) process. SRPs are independent panels of experts in hydrology, hydraulics, and ACTION: Notice. [email protected]. other pertinent sciences established to FOR FURTHER INFORMATION CONTACT: Rick SUMMARY: Comments are requested on review conflicting scientific and proposed flood hazard determinations, Sacbibit, Chief, Engineering Services technical data and provide which may include additions or Branch, Federal Insurance and recommendations for resolution. Use of modifications of any Base Flood Mitigation Administration, FEMA, 400 the SRP only may be exercised after Elevation (BFE), base flood depth, C Street SW, Washington, DC 20472, FEMA and local communities have been Special Flood Hazard Area (SFHA) (202) 646–7659, or (email) engaged in a collaborative consultation boundary or zone designation, or [email protected]; or visit process for at least 60 days without a regulatory floodway on the Flood the FEMA Map Information eXchange mutually acceptable resolution of an (FMIX) online at https:// Insurance Rate Maps (FIRMs), and _ appeal. Additional information where applicable, in the supporting www.floodmaps.fema.gov/fhm/fmx regarding the SRP process can be found Flood Insurance Study (FIS) reports for main.html. online at https://www.floodsrp.org/pdfs/ _ the communities listed in the table SUPPLEMENTARY INFORMATION: FEMA srp overview.pdf. below. The purpose of this notice is to proposes to make flood hazard The watersheds and/or communities seek general information and comment determinations for each community affected are listed in the tables below. regarding the preliminary FIRM, and listed below, in accordance with section The Preliminary FIRM, and where where applicable, the FIS report that the 110 of the Flood Disaster Protection Act applicable, FIS report for each Federal Emergency Management Agency of 1973, 42 U.S.C. 4104, and 44 CFR community are available for inspection (FEMA) has provided to the affected 67.4(a). at both the online location https:// www.fema.gov/ communities. The FIRM and FIS report These proposed flood hazard preliminaryfloodhazarddata and the are the basis of the floodplain determinations, together with the respective Community Map Repository management measures that the floodplain management criteria required address listed in the tables. For community is required either to adopt by 44 CFR 60.3, are the minimum that communities with multiple ongoing or to show evidence of having in effect are required. They should not be Preliminary studies, the studies can be in order to qualify or remain qualified construed to mean that the community identified by the unique project number for participation in the National Flood must change any existing ordinances and Preliminary FIRM date listed in the Insurance Program (NFIP). In addition, that are more stringent in their tables. Additionally, the current the FIRM and FIS report, once effective, floodplain management requirements. effective FIRM and FIS report for each will be used by insurance agents and The community may at any time enact community are accessible online others to calculate appropriate flood stricter requirements of its own or through the FEMA Map Service Center insurance premium rates for new pursuant to policies established by other at https://msc.fema.gov for comparison. buildings and the contents of those Federal, State, or regional entities. buildings. These flood hazard determinations are (Catalog of Federal Domestic Assistance No. DATES: Comments are to be submitted used to meet the floodplain 97.022, ‘‘Flood Insurance.’’) on or before February 19, 2020. management requirements of the NFIP Michael M. Grimm, ADDRESSES: The Preliminary FIRM, and and are used to calculate the Assistant Administrator for Risk where applicable, the FIS report for appropriate flood insurance premium Management, Department of Homeland each community are available for rates for new buildings built after the Security, Federal Emergency Management inspection at both the online location FIRM and FIS report become effective. Agency.

Community Community map repository address

Maricopa County, Arizona and Incorporated Areas Project: 18–09–0019S Preliminary Date: August 14, 2019

City of Phoenix ...... Street Transportation Department, 200 West Washington Street, 5th Floor, Phoenix, AZ 85003. City of Scottsdale ...... Planning Records, 7447 East Indian School Road, Suite 100, Scotts- dale, AZ 85251. Unincorporated Areas of Maricopa County ...... Flood Control District of Maricopa County, 2801 West Durango Street, Phoenix, AZ 85009.

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Community Community map repository address

Benzie County, Michigan (All Jurisdictions) Project: 14–05–3343S Preliminary Date: May 10, 2019

City of Frankfort ...... City Hall, 412 Main Street, Frankfort, MI 49635. Township of Benzonia ...... Township Hall, 1020 Michigan Avenue, Benzonia, MI 49616. Township of Blaine ...... Blaine Township Hall, 4760 Herring Grove Road, Arcadia, MI 49613. Township of Crystal Lake ...... Crystal Lake Township Hall, 1651 Frankfort Highway, Frankfort, MI 49635. Township of Gilmore ...... Gilmore Township Office, Elberta Community Building, 401 First Street, Elberta, MI 49628. Township of Lake ...... Lake Township Hall, 5153 Scenic Highway, Honor, MI 49640. Township of Platte ...... Platte Township Hall, 11935 Fowler Road, Honor, MI 49640. Village of Beulah ...... Village Hall, 7228 Commercial Avenue, Beulah, MI 49617. Village of Elberta ...... Village Hall, 151 Pearson Street, Elberta, MI 49628.

Erie County, New York (All Jurisdictions) Project: 17–02–0322S Preliminary Date: February 12, 2019

City of Buffalo ...... City Hall, 65 Niagara Square, Buffalo, NY 14202. City of Lackawanna ...... City Hall, 714 Ridge Road, Lackawanna, NY 14218. City of Tonawanda ...... City Hall, 200 Niagara Street, Tonawanda, NY 14150. Town of Brant ...... Town Hall, 1294 Brant-North Collins Road, Brant, NY 14027. Town of Evans ...... Evans Town Hall, 8787 Erie Road, Angola, NY 14006. Town of Grand Island ...... Town Hall, 2255 Baseline Road, Grand Island, NY 14072. Town of Hamburg ...... Town Hall, 6100 South Park Avenue, Hamburg, NY 14075. Town of Tonawanda ...... Tonawanda Town Hall, 2919 Delaware Avenue, Kenmore, NY 14217.

Defiance County, Ohio and Incorporated Areas Project: 14–05–4448S Preliminary Date: June 21, 2019

City of Defiance ...... City Hall, 631 Perry Street, Defiance, OH 43512. Unincorporated Areas of Defiance County ...... Defiance County Building, 500 Court Street, Defiance, OH 43512.

[FR Doc. 2019–25243 Filed 11–20–19; 8:45 am] resources used by the respondents to status inquiries. Applicants seeking BILLING CODE 9110–12–P respond), the estimated cost to the information about the status of their respondent, and the actual information individual cases can check Case Status collection instruments. Online, available at the USCIS website DEPARTMENT OF HOMELAND DATES: Comments are encouraged and at http://www.uscis.gov, or call the SECURITY will be accepted for 60 days until USCIS Contact Center at 800–375–5283 January 21, 2020. (TTY 800–767–1833). U.S. Citizenship and Immigration Services ADDRESSES: All submissions received SUPPLEMENTARY INFORMATION: must include the OMB Control Number [OMB Control Number 1615–0111] 1615–0111 in the body of the letter, the Comments agency name and Docket ID USCIS– Agency Information Collection 2012–0011. To avoid duplicate You may access the information Activities; Extension, Without Change, submissions, please use only one of the collection instrument with instructions, of a Currently Approved Collection: following methods to submit comments: or additional information by visiting the Petition for CNMI-Only Nonimmigrant (1) Online. Submit comments via the Federal eRulemaking Portal site at: Transition Worker Federal eRulemaking Portal website at http://www.regulations.gov and enter USCIS–2012–0011 in the search box. AGENCY: U.S. Citizenship and http://www.regulations.gov under e- Regardless of the method used for Immigration Services, Department of Docket ID number USCIS–2012–0011; Homeland Security. (2) Mail. Submit written comments to submitting comments or material, all DHS, USCIS, Office of Policy and submissions will be posted, without ACTION: 60-Day notice. Strategy, Chief, Regulatory Coordination change, to the Federal eRulemaking SUMMARY: The Department of Homeland Division, 20 Massachusetts Avenue NW, Portal at http://www.regulations.gov, Security (DHS), U.S. Citizenship and Washington, DC 20529–2140. and will include any personal Immigration (USCIS) invites the general FOR FURTHER INFORMATION CONTACT: information you provide. Therefore, public and other Federal agencies to USCIS, Office of Policy and Strategy, submitting this information makes it comment upon this proposed extension Regulatory Coordination Division, public. You may wish to consider of a currently approved collection of Samantha Deshommes, Chief, 20 limiting the amount of personal information. In accordance with the Massachusetts Avenue NW, information that you provide in any Paperwork Reduction Act (PRA) of Washington, DC 20529–2140, telephone voluntary submission you make to DHS. 1995, the information collection notice number 202–272–8377 (This is not a DHS may withhold information is published in the Federal Register to toll-free number. Comments are not provided in comments from public obtain comments regarding the nature of accepted via telephone message). Please viewing that it determines may impact the information collection, the note contact information provided here the privacy of an individual or is categories of respondents, the estimated is solely for questions regarding this offensive. For additional information, burden (i.e., the time, effort, and notice. It is not for individual case please read the Privacy Act notice that

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is available via the link in the footer of The CW–1 classification is unique in DEPARTMENT OF THE INTERIOR http://www.regulations.gov. that Form I–129CW is a petition for the Written comments and suggestions CW–1 classification as well as a ‘‘grant Fish and Wildlife Service from the public and affected agencies of status.’’ A ‘‘grant of status’’ allows [FWS–R7–ES–2019–N108; should address one or more of the beneficiaries lawfully present in the FXES11140700000–190–FF07CAAN00] following four points: CNMI to change status directly from (1) Evaluate whether the proposed their CNMI classification or DHS-issued Endangered and Threatened Wildlife collection of information is necessary parole to the CW–1 classification. See 8 and Plants; Initiation of 5-Year Status for the proper performance of the CFR 214.2(w)(1)(v). When a beneficiary Reviews of the Short-Tailed Albatross functions of the agency, including is granted CW–1 status, the adjudicating (Phoebastria albatrus) and the whether the information will have officer is granting admission and status Southwest Alaska Distinct Population practical utility; to the beneficiary without requiring the Segment of the Northern Sea Otter (Enhydra lutris kenyoni) (2) Evaluate the accuracy of the beneficiary to depart the CNMI, obtain agency’s estimate of the burden of the a visa abroad, and seek admission with AGENCY: Fish and Wildlife Service, proposed collection of information, CBP. Because we are granting the CW– Interior. including the validity of the 1 status to the beneficiary, we use methodology and assumptions used; ACTION: Notice; request for information. biometrics to make a determination of (3) Enhance the quality, utility, and admissibility prior to adjudicating the SUMMARY: We, the U.S. Fish and clarity of the information to be Wildlife Service are initiating 5-year collected; and Form I–129CW petition. The checks are used to confirm identity and ensure that status reviews of the short-tailed (4) Minimize the burden of the albatross and the Southwest Alaska collection of information on those who CW–1 status is not granted to anyone who is inadmissible. As the CW distinct population segment of the are to respond, including through the northern sea otter under the Endangered use of appropriate automated, program progresses, the need to take biometrics in most cases has Species Act. A 5-year status review is electronic, mechanical, or other based on the best scientific and diminished, as the Form I–129CW is technological collection techniques or commercial data available at the time of increasingly used for extension of status other forms of information technology, the review. We are requesting of persons who had already had their e.g., permitting electronic submission of submission of any new information on responses. biometrics taken at the initial grant stage these species that has become available rather than for initial grants of status in Overview of This Information since the last reviews of these species. the CNMI, but the authority will Collection DATES: To ensure consideration of your continue to be used in those initial grant comments in our preparation of these 5- (1) Type of Information Collection: cases that do arise. Extension, Without Change, of a year status reviews, we must receive (5) An estimate of the total number of Currently Approved Collection. your comments and information by respondents and the amount of time (2) Title of the Form/Collection: January 21, 2020. However, we will estimated for an average respondent to Petition for CNMI-Only Nonimmigrant accept information about the species at Transition Worker. respond: The estimated total number of any time. (3) Agency form number, if any, and respondents for the information ADDRESSES: For short-tailed albatross, the applicable component of the DHS collection I–129CW is 3,749 and the please submit your information by one sponsoring the collection: I–129CW; estimated hour burden per response is of the following methods: • _ USCIS. 3 hours. Email: leah [email protected]; or • (4) Affected public who will be asked (6) An estimate of the total public U.S. mail or hand delivery: U.S. or required to respond, as well as a brief burden (in hours) associated with the Fish and Wildlife Service, Attention: abstract: Primary: Business or other for- collection: The total estimated annual Leah Kenney, Anchorage Fish and profit. USCIS uses the data collected on hour burden associated with this Wildlife Field Office, 4700 BLM Road, Anchorage, Alaska 99507. this form to determine eligibility for the collection is 11,247 hours. requested immigration benefits. An For the Southwest Alaska distinct (7) An estimate of the total public employer uses this form to petition population segment of the northern sea burden (in cost) associated with the USCIS for an alien to temporarily enter otter, please submit your information by collection: The estimated total annual one of the following methods: as a nonimmigrant into the CNMI to • _ _ _ perform services or labor as a CNMI- cost burden associated with this Email: Fw7 ak marine mammals@ collection of information is $459,253. fws.gov; or Only Transitional Worker (CW–1). An • employer also uses this form to request Dated: November 18, 2019. U.S. mail or hand delivery: U.S. an extension of stay or change of status Fish and Wildlife Service, Attention: Jerry L. Rigdon, Michelle St. Martin, Marine Mammals on behalf of the alien worker. The form Deputy Chief, Regulatory Coordination serves the purpose of standardizing Management Office, 1011 East Tudor Division, Office of Policy and Strategy, U.S. Road, Anchorage, Alaska 99503. requests for these benefits, and ensuring Citizenship and Immigration Services, that the basic information required to For more about submitting Department of Homeland Security. information, see Request for Information determine eligibility, is provided by the [FR Doc. 2019–25267 Filed 11–20–19; 8:45 am] petitioners. in the SUPPLEMENTARY INFORMATION BILLING CODE 9111–97–P USCIS collects biometrics from aliens section. present in the CNMI at the time of FOR FURTHER INFORMATION CONTACT: For requesting initial grant of CW–1 status. short-tailed albatross: Leah Kenney, by The information is used to verify the telephone at 907–271–2440. For the alien’s identity, background information Southwest Alaska distinct population and ultimately adjudicate their request segment of the northern sea otter: for CW–1 status. Michelle St. Martin, by telephone at 1–

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800–362–5148. Individuals who are Any new information will be Authority hearing impaired or speech impaired considered during the 5-year review and This document is published under the may call the Federal Relay Service at will also be useful in evaluating the authority of the Endangered Species Act 800–877–8339 for TTY assistance. ongoing recovery programs for the of 1973, as amended (16 U.S.C. 1531 et SUPPLEMENTARY INFORMATION: We, the species. seq.). U.S. Fish and Wildlife Service (Service), Species Under Review are initiating 5-year status reviews of the Mary Colligan, short-tailed albatross (Phoebastria Entity listed: Short-tailed Albatross Assistant Regional Director, Alaska Region. albatrus) and the Southwest Alaska (Phoebastria albatrus). [FR Doc. 2019–25227 Filed 11–20–19; 8:45 am] distinct population segment (DPS) of the • Where listed: Wherever found. BILLING CODE 4333–15–P northern sea otter (Enhydra lutris • Classification: Endangered. kenyoni) under the Endangered Species • Date listed (publication date for DEPARTMENT OF THE INTERIOR Act of 1973, as amended (ESA; 16 final listing rule): July 31, 2000. U.S.C. 1531 et seq.). A 5-year status • Federal Register citation for final Bureau of Land Management review is based on the best scientific listing rule: 65 FR 46643. and commercial data available at the Entity listed: Southwest Alaska [LLES962000 L14400000 BJ0000 19X] time of the review; therefore, we are Distinct Population Segment of the requesting submission of any new Notice of Filing of Plats of Surveys; Northern Sea Otter (Enhydra lutris Eastern States information on this species that has kenyoni). become available since the last 5-year • Where listed: Southwest Alaska, AGENCY: Bureau of Land Management, reviews were conducted in 2014 (short- from Attu Island to Western Cook Inlet, Interior. tailed albatross) and 2013 (Southwest including Bristol Bay, the Kodiak ACTION: Notice of official filing. Alaska DPS of the northern sea otter). Archipelago, and the Barren Islands. SUMMARY: The plats of surveys of the Why do we conduct 5-year reviews? • Classification: Threatened. • following described lands are scheduled Under the ESA, we maintain Lists of Date listed (publication date for to be officially filed in the Bureau of Endangered and Threatened Wildlife final listing rule): August 9, 2005. Land Management (BLM), Eastern States • and Plants (which we collectively refer Federal Register citation for final Office, Washington, DC, 30 days from to as the List) in the Code of Federal listing rule: 70 FR 46366. the date of this publication. The Regulations (CFR) at 50 CFR 17.11 (for Request for Information surveys, executed at the request of the animals) and 17.12 (for plants). Section identified agencies, are required for the 4(c)(2)(A) of the ESA requires us to To ensure that a 5-year review is management of these lands. review each listed species’ status at least complete and based on the best DATES: Unless there are protests of this once every 5 years. Further, our available scientific and commercial action, the filing of the plat described in regulations at 50 CFR 424.21 require information, we request new this notice will happen on December 23, that we publish a notice in the Federal information from all sources. See What 2019. Register announcing those species Information Do We Consider in Our ADDRESSES: Written notices protesting under active review. For additional Review? for specific criteria. If you any of these surveys must be sent to the information about 5-year reviews, go to submit information, please support it State Director, BLM Eastern States, 20 M http://www.fws.gov/endangered/what- with documentation such as maps, Street SE, Suite 950, Washington, DC we-do/recovery-overview.html. bibliographic references, methods used 20003. to gather and analyze the data, and/or What information do we consider in copies of any pertinent publications, FOR FURTHER INFORMATION CONTACT: our review? reports, or letters by knowledgeable Kenneth D. Roy, Acting Chief Cadastral In conducting these reviews, we sources. Surveyor for Eastern States; (202) 912– consider the best scientific and 7756; email: [email protected]; or U.S. commercial data that have become Public Availability of Comments Postal Service: BLM–ES, 20 M Street SE, available since the listing determination Before including your address, phone Suite 950, Washington, DC 20003. Attn: or most recent status review, such as: number, email address, or other Cadastral Survey. Persons who use a (1) The biology of the species, personal identifying information in your telecommunications device for the deaf including but not limited to population comments, you should be aware that may call the Federal Information Relay trends, distribution, abundance, your entire comment—including your Service (FIRS) at 1–800–877–8339 to demographics, and genetics; personal identifying information—may contact the above individual during (2) Habitat conditions, including but be made publicly available at any time. normal business hours. The service is not limited to amount, distribution, and While you can ask us in your comment available 24 hours a day, 7 days a week, suitability; to withhold your personal identifying to leave a message or question with the (3) Conservation measures that have information from public review, we above individual. You will receive a been implemented that benefit the cannot guarantee that we will be able to reply during normal business hours. species; do so. SUPPLEMENTARY INFORMATION: The (4) Threat status and trends in relation supplemental plats of secs. 3, 10, 15, 22, Completed and Active Reviews to the five listing factors (as defined in 27, and 34, of Townships 166 and 167 section 4(a)(1) of the ESA); and A list of all completed and currently North, Range 35 West, Fifth Principal (5) Other new information, data, or active 5-year status reviews addressing Meridian, Minnesota; portrays new lots, corrections, including but not limited to species for which the Alaska Region of along the International Boundary with taxonomic or nomenclatural changes, the Service has the lead responsibility is Canada, excluding a 60 foot strip of land identification of erroneous information available at https://www.fws.gov/alaska/ reserved by proclamation. The acreages contained in the List, and improved pages/endangered-species-program/ and descriptions created by the new lots analytical methods. recovery-endangered-species. will be utilized for the restoration of

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certain lands to the Red Lake Band of Interior, Bureau of Land Management D. Dingell, Jr. Conservation, Ojibwe. Survey requested by the BLM. (BLM) California Desert District Management, and Recreation Act in the A person or party who wishes to Advisory Council (Council) will meet as California Desert District, updates from protest a survey must file a written indicated below. Council members and the BLM notice of protest within 30 calendar DATES: The Council’s next meeting will California Desert District Manager, and days from the date of this publication at be held December 6–7, 2019. The time for public comment at the the address listed in the ADDRESSES Council will participate in a field tour beginning and end of the meeting as section of this notice. A notice of protest of BLM-administered public lands on well as during various presentations. is considered filed on the date it is Friday, December 6, 2019, from 8:00 Depending on the number of people received by the State Director for a.m. to 3:30 p.m. and then will meet in wishing to comment and the time Eastern States during regular business formal session on Saturday, December 7, available, the time for individual hours; if received after regular business 2019, from 9:00 a.m. to 4:00 p.m. comments may be limited. hours, a notice of protest will be ADDRESSES: The Friday field trip will While the Saturday meeting is considered filed the next business day. leave from the Palm Springs-South scheduled from 9:00 a.m. to 4:00 p.m., Any notice of protest filed after the Coast Field Office, 1201 Bird Center Dr., the meeting could conclude prior to scheduled date of official filing will be Palm Springs, CA 92211. Saturday’s 4:00 p.m. should the Council conclude untimely and will not be considered. A formal session will be held at the its presentations and discussions. statement of reasons for the protest may Renaissance Palm Springs Hotel, 888 E Therefore, members of the public be filed with the notice of protest and Tahquitz Canyon Way, Palm Springs, interested in a particular agenda item or must be filed within 30 calendar days California 92262. Final locations and discussion should schedule their arrival after the protest is filed. If a notice of agendas for the field trip and public accordingly. protest against the survey is received meeting will be posted on the BLM web Written comments will be accepted at prior to the date of official filing, the page at: https://www.blm.gov/get- the Saturday public meeting. Copies filing will be stayed pending involved/rac/california/california- will be provided to the Council and consideration of the protest. A plat will desert-district. incorporated into the meeting minutes. not be officially filed until the next Written comments for the Council Before including your address, phone business day after all protests have been may be sent in advance of the Saturday number, email address, or other dismissed or otherwise resolved. meeting c/o BLM, Public Affairs, 22835 personal identifying information in your Before including your address, phone Calle San Juan de Los Lagos, Moreno comment, you should be aware that number, email address, or other Valley, CA 92553. your entire comment—including your personal identifying information in your FOR FURTHER INFORMATION CONTACT: personal identifying information—may notice of protest or statement of reasons, Sarah K. Webster, BLM California State be made publicly available at any time. please be aware that your entire protest, Office, telephone: 916–978–4622, email: While you can ask us in your comment including your personal identifying [email protected]. Persons who use a to withhold your personal identifying information may be made publicly telecommunications device for the deaf information from public review, we available at any time. While you can ask (TDD) may call the Federal Relay cannot guarantee that we will be able to us in your comment to withhold your Service (FRS) at 1–800–877–8339 to do so. personal identifying information from contact Ms. Webster during normal (Authority: 43 CFR 1784.4–2) public review, we cannot guarantee that business hours. The FRS is available 24 Andrew S. Archuleta, we will be able to do so. hours a day, 7 days a week, to leave a A copy of the described plats will be message or question. You will receive a California Desert District Manager. placed in the open files, and available reply during normal business hours. [FR Doc. 2019–25180 Filed 11–20–19; 8:45 am] to the public, as a matter of information. SUPPLEMENTARY INFORMATION: The 15- BILLING CODE 4310–40–P Authority: 43 U.S.C. chap. 3. member Council provides recommendations to the Secretary of the Kenneth D. Roy, DEPARTMENT OF THE INTERIOR Acting Chief Cadastral Surveyor. Interior concerning the planning and management of the public land [FR Doc. 2019–25190 Filed 11–20–19; 8:45 am] Bureau of Land Management resources located within the BLM’s BILLING CODE 4310–GJ–P California Desert District and offers [LLAZP01000.L12200000.EA0000; AZ–SRP– advice on the implementation of the AZA–036683] DEPARTMENT OF THE INTERIOR comprehensive, long-range plan for management, use, development, and Notice of Temporary Closure of Public Bureau of Land Management protection of the public lands within the Lands in Maricopa County, AZ California Desert Conservation Area. [LLCAD01000 L12100000.MD0000 All Council meetings and field trips AGENCY: Bureau of Land Management, 19XL1109AF (MO#4500136828)] are open to the public, but the public Interior. ACTION: Meeting of the California Desert must provide their own transportation, Notice of temporary closure. District Advisory Council meals, and beverages. The field trip will include visits to the SUMMARY: Notice is hereby given that a AGENCY: Bureau of Land Management, Eagle Crest Energy Eagle Mountain temporary closure will be in effect on Interior. Pumped Storage Project, NextEra Desert public lands administered by the Bureau of Land Management (BLM), ACTION: Notice of public meeting. Sunlight Solar Farm, and Terra-Gen San Jacinto II Wind Re-power Project. The Hassayampa Field Office, during the SUMMARY: In accordance with the Saturday public meeting will include a Vulture Mine Off-Road Challenge Federal Land Policy and Management presentation on and discussion of officially permitted off-highway vehicle Act of 1976 (FLPMA), and the Federal renewable-energy development. (OHV) race event. Advisory Committee Act of 1972 The Saturday meeting will include an DATES: The temporary closure will be in (FACA), the U.S. Department of the update on implementation of the John effect from 2 p.m., January 17, 2020,

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through 10 p.m., January 19, 2020, feet to 70 feet between the signs DEPARTMENT OF THE INTERIOR Mountain Standard Time. indicating ‘‘No Vehicles Beyond this ADDRESSES: This temporary closure or Point’’), then north on 9195 to 9286, National Park Service restriction order will be posted in the then traveling northeast to 9196, to 9192 [NPS–WASO–NRSS–EQD–SSB- Phoenix District Office, 21605 North 7th and then to route 9095, traveling north NPS0027445; PPAKWEARS2, Avenue, Phoenix, AZ 85027. Maps of and west to 9089C to 9089A north to PPMPRLE1Z.LS0000 (199); OMB Control the affected area and other documents 9092B west to 9092 to 9092F and south Number 1024–0262] associated with this temporary closure returning to the beginning intersection Agency Information Collection are available at Hassayampa Field with 9090C. Office, which is located at the same Activities; Community Harvest Closure: The designated race course address as the Phoenix District Office. Assessments for Alaskan National and all areas within the boundary of the Parks, Preserves, and Monuments FOR FURTHER INFORMATION CONTACT: John race course as described above are (Jake) Szympruch, District Chief Ranger; temporarily closed to public entry AGENCY: National Park Service, Interior. telephone 623–580–5500; email during the temporary closures. ACTION: Notice of information collection; [email protected]; or Angie Meece, request for comment. Acting Hassayampa Field Manager; Exclusive Use: During the temporary telephone 623–580–5530; email closure, the affected area will be for the SUMMARY: In accordance with the [email protected]. Persons who use a exclusive use of Vulture Mine Off-Road Paperwork Reduction Act of 1995, we, telecommunications device for the deaf Challenge participants, registered the National Park Service (NPS) are (TDD) may call the Federal Relay spectators for the Vulture Mine Off- proposing to renew an information Service (FRS) at 1–800–877–8339 to Road Challenge races, and other collection. contact the above individuals during authorized users with a valid SRP for DATES: Interested persons are invited to normal business hours. FRS is available activities within the temporary closure submit comments on or before January 24 hours a day, 7 days a week, to leave area. For the temporary closure area, 21, 2020. a message or question for the above anyone without a SRP authorizing use ADDRESSES: Send your comments on individual. You will receive a reply within the temporary closure area this information collection request (ICR) during normal business hours. during the temporary closure period is by mail to Phadrea Ponds, Acting NPS SUPPLEMENTARY INFORMATION: The prohibited from using the area. Information Collection Clearance temporary closure affects certain public Officer, 1201 Oakridge Drive Fort lands within the Vulture Mine Exceptions: The temporary closures do not apply to Federal, State, and local Collins, CO 80525; or by email at Recreation Management Zone in [email protected]; or by Maricopa County, Arizona. This action officers and employees in the performance of their official duties; telephone at 970–267–7231. Please is being taken to help ensure public reference OMB Control Number 1024– members of organized rescue or safety during the Vulture Mine Off-Road 0262 in the subject line of your firefighting forces in the performance of Challenge official permitted OHV race comments. event. their official duties; Vulture Mine Off- Main entry points to the area under Road Challenge event officials and race FOR FURTHER INFORMATION CONTACT: To temporary closure will be posted to participants; vendors with a valid BLM request additional information about notify the public of the temporary SRP; and registered event spectators. this ICR, contact Phadrea Ponds, Acting closure. These events are authorized on NPS Information Collection Clearance Enforcement: Any person who Officer, 1201 Oakridge Drive Fort public land under a Special Recreation violates the temporary closures may be Permit (SRP), in conformance with the Collins, CO 80525; or by email at tried before a United States magistrate [email protected]; or by Wickenburg Travel Management Plan and fined in accordance with 18 U.S.C. and the Bradshaw-Harquahala Record of telephone at 970–267–7231. Please 3571, imprisoned no more than 12 Decision and Approved Resource reference OMB Control Number 1024– months under 43 U.S.C. 1733(a) and 43 Management Plan. Under the authority 0262 in the subject line of your of Section 303(a) of the Federal Land CFR 8360.0–7, or both. In accordance comments. Policy and Management Act of 1976 (43 with 43 CFR 8365.1–7, State or local SUPPLEMENTARY INFORMATION: In U.S.C. 1733(a)), 43 CFR 8360.0–7, and officials may also impose penalties for accordance with the Paperwork 43 CFR 8364.1, the BLM will enforce the violations of Arizona law. Reduction Act of 1995, we provide the following temporary closures and Effect of Closure: The entire area general public and other Federal restrictions within Vulture Mine encompassed by the designated race agencies with an opportunity to Recreation Management Zone: course and all areas within the race comment on new, proposed, revised, Description of Race Course Closed course as described above and in the and continuing collections of Area: Areas subject to this temporary time period as described above are information. This helps us assess the closure include the race course and all temporarily closed to all public use, impact of our information collection public lands situated within the interior including pedestrian use and vehicles, requirements and minimize the public’s of the race course. The race course unless specifically excepted as reporting burden. It also helps the begins at the intersection of BLM routes described above. public understand our information 9092F and 9090C, traveling east along collection requirements and provide the 9090C to 9090D, going south and then Authority: 43 CFR 8364.1. requested data in the desired format. east along 9090D to 9090, continuing Angie Meece, We are soliciting comments on the along 9090 north to 9093A, to 9274 proposed ICR that is described below. traveling northeast to 9094, traveling Acting Field Manager. We are especially interested in public southeast to 9195, south on 9195 to [FR Doc. 2019–25329 Filed 11–20–19; 8:45 am] comment addressing the following Vulture Mine Road (including the BILLING CODE 4310–32–P issues: (1) Is the collection necessary to camping area to the west and east of the the proper functions of the NPS; (2) will road, which varies in width from 268 this information be processed and used

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in a timely manner; (3) is the estimate considered to be the priority • Yukon-Charley Rivers National of burden accurate; (4) how might the consumptive use of park resources. This Preserve (YUCH). NPS enhance the quality, utility, and collection gathers information on This survey is conducted through in- clarity of the information to be subsistence harvest patterns and the person interviews. A facilitator collects collected; and (5) how might the NPS impact of rural economy from resident information about harvests, uses, and minimize the burden of this collection zone communities associated with sharing of subsistence resources. Search on the respondents, including through Alaskan parks, preserves, and and harvest areas are also mapped over the use of information technology. monuments. The NPS is seeking an the course of the interview. The Comments that you submit in extension to continue to survey Alaska information from this collection will be response to this notice are a matter of residents who customarily and used by the NPS, the Federal public record. We will include or traditionally engage in subsistence uses Subsistence Board, the State of Alaska, summarize each comment in our request within a national park, preserve, or and local/regional advisory councils in to OMB to approve this ICR. Before monument. making recommendations and including your address, phone number, In 2017, the collection was reinstated informing decisions regarding seasons email address, or other personal and increased the scope of inquiry to and harvest limits of fish, wildlife, and identifying information in your include the following Alaskan National plants in the region which communities Parks, Preserves, and Monuments: have customarily and traditionally used. comment, you should be aware that • your entire comment—including your Aniakchak National Monument Title of Collection: Community (ANIA), personal identifying information—may • Harvest Assessments for Alaskan be made publicly available at any time. Bering Land Bridge National National Parks, Preserves, and While you can ask us in your comment Preserve (BELA), Monuments. • Cape Krusenstern National to withhold your personal identifying OMB Control Number: 1024–0262. Monument (CAKR), information from public review, we • Gates of the Arctic National Park Form Number: None. cannot guarantee that we will be able to and Preserve (GAAR), Type of Review: Extension of a do so. • Kobuk Valley National Park currently approved collection. Abstract: Under the provisions of The (KOVA), Respondent’s Obligation: Voluntary. Alaska National Interest Lands • Noatak National Preserve (NOAT), Frequency of Collection: One-time. Conservation Act (ANILCA), subsistence • Wrangell-St. Elias National Park Total Estimated Annual Nonhour harvests by local rural residents are and Preserve (WRST) and Burden Cost: None.

Average Estimated Estimated Estimated completion annual Activity annual annual time per burden respondents responses response hours *

Community Harvest Assessments for Alaskan National Parks, Preserves, and Monuments (all communities): Individuals/Households ...... 1,140 1,140 1 Hour...... 1,140 Community Harvest Assessments for Alaskan National Parks, Preserves, and Monuments (non-response script and survey): Individuals/Households ...... 1,274 1,274 10 Minutes.. 213

Totals: ...... 2,414 2,414 ...... 1,353 * Rounded.

An agency may not conduct or DEPARTMENT OF THE INTERIOR ADDRESSES: Send your comments on sponsor and a person is not required to this information collection request (ICR) respond to a collection of information National Park Service by mail to Phadrea Ponds, Acting NPS unless it displays a currently valid OMB [NPS–AKR–GLBA–NPS0027719; Information Collection Clearance control number. PX.XGLBARP18.00.1 (199); OMB Control Officer, 1201 Oakridge Drive Fort The authority for this action is the Number 1024–0281] Collins, CO 80525; or by email at _ Paperwork Reduction Act of 1995 (44 phadrea [email protected]; or by Agency Information Collection telephone at 970–267–7231. Please U.S.C. 3501 et seq.). Activities; Glacier Bay National Park reference OMB Control Number 1024– and Preserve Bear Sighting and Phadrea Ponds, 0281 in the subject line of your Encounter Reports Acting, Information Collection Clearance comments. Officer, National Park Service. AGENCY: National Park Service, Interior. FOR FURTHER INFORMATION CONTACT: To [FR Doc. 2019–25264 Filed 11–20–19; 8:45 am] ACTION: Notice of information collection; request additional information about BILLING CODE 4312–52–P request for comment. this ICR, contact Margaret Hazen, SUMMARY: In accordance with the Glacier Bay National Park and Preserve, Paperwork Reduction Act of 1995, we, Supervisory Park Ranger, PO Box 140, the National Park Service (NPS) are Gustavus, AK 99826; or by email at proposing to renew an information [email protected]; or by collection. telephone at 907–697–2608. Please DATES: Interested persons are invited to reference OMB Control Number 1024– submit comments on or before January 0281 in the subject line of your 21, 2020. comments.

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SUPPLEMENTARY INFORMATION: In authority and responsibility to protect Submission of a completed NPS Form accordance with the Paperwork the park areas we administer and to 10–406 is voluntary when a bear enters Reduction Act of 1995, we provide the manage the public use thereof. camp, approaches the group, damages general public and other Federal Bear sighting data provides the park gear, obtains food, and/or acts in an agencies with an opportunity to with important data used to determine aggressive or threatening manner comment on new, proposed, revised, bear movements, habitat use, and towards the group. The collection and and continuing collections of species distribution. This information timeliness of data concerning bear- information. This helps us assess the can be used in backcountry management human contact is critical for the NPS’ impact of our information collection and planning, field research planning, ability to enhance the safety of future requirements and minimize the public’s and educational outreach for visitors. visitors and to protect the bear reporting burden. It also helps the Bear-human interaction data is vital to population at the park. Information public understand our information understand how bears respond to collected via NPS Form 10–406 collection requirements and provide the people, detecting changes in bear includes: requested data in the desired format. behavior, and identifying potential areas • Name and phone number of the We are soliciting comments on the of high bear-human conflict. Obtaining primary person involved in the proposed ICR that is described below. immediate information on bear-human interaction; We are especially interested in public conflicts allows managers to respond • Group type: park visitor, concession comment addressing the following promptly to mitigate further conflicts. employee, contractor, researcher, NPS issues: (1) Is the collection necessary to Proactive mitigation includes notifying employee, or other; the proper functions of the NPS; (2) will other backcountry users, issuing • Number of people who encountered this information be processed and used advisories or recommendations, or the bear; in a timely manner; (3) is the estimate issuing closures to prevent further • Corresponding sighting number on of burden accurate; (4) how might the conflicts and maintain public safety. NPS Form 10–405; Location 1–28 NPS enhance the quality, utility, and Additionally, managers may respond to (Backcountry vs. Developed Area A and clarity of the information to be reports of bear-human conflict with bear B); collected; and (5) how might the NPS management techniques such as hazing • Types of vegetation in area of minimize the burden of this collection or aversive conditioning. Obtaining encounter; on the respondents, including through current accurate information on bear • The bear’s activity when it was first the use of information technology. sightings and interactions is essential observed; Comments that you submit in for public safety and to effectively • The group’s activity prior to seeing response to this notice are a matter of manage bears and people to minimize the bear; public record. We will include or conflicts. Summary statistics (without • The bear’s initial and subsequent summarize each comment in our request personal information) may be generated reaction to the group; to OMB to approve this ICR. Before to examine long-term trends in types • Group’s response to bear’s reaction; including your address, phone number, and locations of bear-human • Group’s distance to the bear; email address, or other personal interactions. • Whether food was present, and if identifying information in your The submission of NPS Form 10–405 so, if it was eaten by the bear; comment, you should be aware that is voluntary upon exiting the park • Whether property was damaged; your entire comment—including your backcountry and is used to collect • Detailed description of the personal identifying information—may information regarding bear sightings interaction; be made publicly available at any time. within GLBA. The collection and • Detailed description of the bear, to While you can ask us in your comment timeliness of the data collection is include color, markings, scars, tags, etc.; to withhold your personal identifying critical for the NPS’ ability to enhance • Date, time, and duration of information from public review, we the safety of future visitors and to encounter; cannot guarantee that we will be able to protect the bear population at the park. • Exact location of encounter do so. Information collected via NPS Form 10– documented on map provided by GLBA, Abstract: The National Park Service 405 includes: to include the latitude/longitude; Organic Act, 54 U.S.C. 100101(a) et seq., • Group name; • Where did the individual learn requires that the NPS preserve national • Take-out date; about how to behave while in bear • parks for the enjoyment, education, and Whether visitor encountered dirty country; and inspiration of this and future campsites left by previous users or • Whether visitor encountered dirty generations. Additionally, NPS observe unsafe or inappropriate campsites left by previous users or regulations codified in 36 CFR 1–7, 12 behavior by other groups; and • observe unsafe or inappropriate and 13, are designated to implement Detailed information for each behavior by other groups. statutory mandates that provide for sighting documented on the form, to Title of Collection: Glacier Bay resource protection and public include: National Park and Preserve Bear Æ Date/time; enjoyment. In order to monitor Æ Sighting and Encounter Reports. resources and wildlife in the Glacier Species type Æ Total number of bears seen together OMB Control Number: 1024–0281. Bay National Park and Preserve (GLBA) Form Number: 10–405, and to enhance the safety of future (for each sighting); Æ Bear unit type; ‘‘Tatshenshini—Alsek River Bear visitors, the park monitors all sightings Æ Estimation of distance between Report’’ and 10–406, ‘‘Bear Information and interactions by visitors with bears. visitor and bear(s); Management Report’’. Observations and interactions by Æ Whether the bear was aware of the Type of Review: Extension of a visitors are recorded using two forms: group; currently approved collection. NPS 10–405, ‘‘Tatshenshini—Alsek Æ Bear reaction to group; Description of Respondents: River Bear Report’’ and 10–406, ‘‘Bear Æ Activity of group; Backcountry and frontcountry visitors to Information Management Report.’’ The Æ Number of observers; and Glacier Bay National Park and Preserve. bear sighting and encounter reporting Æ Location description/campsite Respondent’s Obligation: Voluntary. forms are an extension of our statutory name/GPS position/other comments. Frequency of Collection: On occasion.

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Total Estimated Annual Nonhour Burden Cost: None.

Estimated Estimated completion Estimated Activity annual number time per total annual of responses response burden hours (minutes)

NPS Form 10–405, ‘‘Tatshenshini—Alsek River Bear Report Form 1’’ ...... 40 5 3 NPS Form 10–406, ‘‘Tatshenshini—Alsek River Bear Information Management (BIM) Report Form 2’’ ...... 10 5 1

Totals ...... 50 ...... 4

An agency may not conduct or an industry in the United States exists amended, an investigation be instituted sponsor and a person is not required to as required by the applicable Federal to determine: respond to a collection of information Statute. (a) Whether there is a violation of unless it displays a currently valid OMB The complainant requests that the subsection (a)(1)(B) of section 337 in the control number. Commission institute an investigation importation into the United States, the The authority for this action is the and, after the investigation, issue a sale for importation, or the sale within Paperwork Reduction Act of 1995 (44 general exclusion order, or in the the United States after importation of U.S.C. 3501 et seq.). alternative a limited exclusion order, certain products identified in paragraph and cease and desist orders. (2) by reason of infringement of one or Phadrea Ponds, ADDRESSES: The amended complaint, more of claims 1–12 of the ’582 patent; Acting Information Collection Clearance claims 1–7 and 9 of the ’649 patent; and Officer, National Park Service. except for any confidential information contained therein, is available for claims 1–9, 12, 13, and 16–19 of the [FR Doc. 2019–25266 Filed 11–20–19; 8:45 am] inspection during official business ’735 patent; and whether an industry in BILLING CODE 4312–52–P hours (8:45 a.m. to 5:15 p.m.) in the the United States exists as required by Office of the Secretary, U.S. subsection (a)(2) of section 337; and International Trade Commission, 500 E (b) whether there is a violation of INTERNATIONAL TRADE Street SW, Room 112, Washington, DC subsection (a)(1)(C) of section 337 in the COMMISSION 20436, telephone (202) 205–2000. importation into the United States, the [Inv. No. 337–TA–1184] Hearing impaired individuals are sale for importation, or the sale within advised that information on this matter the United States after importation of Certain Shaker Screens for Drilling can be obtained by contacting the certain products identified in paragraph Fluids, Components Thereof, and Commission’s TDD terminal on (202) (2) by reason of infringement of one or Related Marketing Materials; Institution 205–1810. Persons with mobility more of the ’736 trademark and the ’891 of Investigation impairments who will need special trademark, and whether an industry in assistance in gaining access to the the United States exists as required by AGENCY: U.S. International Trade subsection (a)(2) of section 337; Commission. Commission should contact the Office of the Secretary at (202) 205–2000. (2) Pursuant to section 210.10(b)(1) of ACTION: Notice. General information concerning the the Commission’s Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the SUMMARY: Notice is hereby given that a Commission may also be obtained by accessing its internet server at https:// plain language description of the complaint was filed with the U.S. accused products or category of accused International Trade Commission on www.usitc.gov. The public record for this investigation may be viewed on the products, which defines the scope of the October 18, 2019, under section 337 of investigation, is ‘‘sifting screens the Tariff Act of 1930, as amended, on Commission’s electronic docket (EDIS) at https://edis.usitc.gov. (commonly referred to as ‘shaker behalf of M–I L.L.C. of Houston, Texas. screens’) that are fitted into drilling mud An amended complaint was filed on FOR FURTHER INFORMATION CONTACT: shakers (also referred to as ‘shale November 7, 2019. The amended Pathenia M. Proctor, The Office of shakers’) to separate solids from liquid complaint alleges violations of section Unfair Import Investigations, U.S. drilling muds brought up from down- 337 based upon the importation into the International Trade Commission, hole when drilling for oil and gas, United States, the sale for importation, telephone (202) 205–2560. components thereof including the rigid and the sale within the United States SUPPLEMENTARY INFORMATION: frame over which the wire mesh sieving after importation of certain shaker Authority: The authority for screen may be fitted, and related screens for drilling fluids, components institution of this investigation is marketing materials’’; thereof, and related market materials by contained in section 337 of the Tariff (3) For the purpose of the reason of infringement of: (1) Certain Act of 1930, as amended, 19 U.S.C. investigation so instituted, the following claims of U.S. Patent No. 7,210,582 1337, and in section 210.10 of the are hereby named as parties upon which (‘‘the ’582 patent’’); U.S. Patent No. Commission’s Rules of Practice and this notice of investigation shall be 7,810,649 (‘‘the ’649 patent’’); and U.S. Procedure, 19 CFR 210.10 (2019). served: Patent No. 8,925,735 (‘‘the ’735 patent’’); Scope of Investigation: Having (a) The complainant is: M–I L.L.C., and (2) U.S. Trademark Registration No. considered the amended complaint, the 5950 N. Course Drive, Houston, TX 2,151,736 (‘‘the ’736 trademark’’) and U.S. International Trade Commission, 77072. U.S. Trademark Registration No. on November 15, 2019, ordered that— (b) The respondents are the following 2,744,891 (‘‘the ’891 trademark’’). The (1) Pursuant to subsection (b) of entities alleged to be in violation of amended complaint further alleges that section 337 of the Tariff Act of 1930, as section 337, and is/are the parties upon

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which the amended complaint is to be By order of the Commission. and Federal agencies an opportunity to served: Issued: November 18, 2019. comment on proposed and/or Hebei GN Solids Control Co., Ltd., No. William Bishop, continuing collections of information 3 Industry Road, Dachang Chaobai Supervisory Hearings and Information before submitting them to the Office of River Development Area, Langfang, Officer. Management and Budget (OMB) for final China 065300 [FR Doc. 2019–25277 Filed 11–20–19; 8:45 am] approval. This program helps to ensure GN Solids America LLC, 6710 Windfern BILLING CODE 7020–02–P requested data can be provided in the Road, Houston, TX 77040 desired format, reporting burden (time Anping Shengjia Hardware Mesh Co., and financial resources) is minimized, Ltd., Huangcheng Industrial Zone, DEPARTMENT OF LABOR collection instruments are clearly Anping County, Hengshui City, China understood, and the impact of collection 053600 Employment and Training requirements can be properly assessed. Hebei Hengying Wire Cloth Co., Ltd., Administration ETA is requesting the regular three- No. 17 Jing Wu Road, High and New year approval on a revision to a Tech Development Zone, Anping Agency Information Collection currently approved ICR pursuant to the County, Hebei Province, China Activities; Comment Request; Equal Paperwork Reduction Act. If approved, 053600 Employment Opportunity in this request will enable ETA to continue Xi’an Brightway Energy Equipment Co., Apprenticeship Training to collect data from applicants and Ltd., Jinye Road, City Gate Block D, apprentices, who file a discrimination ACTION: 12th Floor, Suite 1206, Xi’an City, Notice. complaint. Under the National Apprenticeship Act of 1937 (NAA) (29 High Tech Development Zone, China SUMMARY: The Department of Labor’s U.S.C. 50), the Secretary of Labor is 710065 (DOL’s) Employment and Training Brightway Solids Control Co., Ltd., 5855 charged with the establishment of labor Administration (ETA) is soliciting standards designed to safeguard the Sovereign Drive, Suite A, Houston, comments concerning a proposed TX 77036 welfare of apprentices and promote revision for the authority to conduct the apprenticeship opportunity. The NAA (c) The Office of Unfair Import information collection request (ICR) authorizes the Secretary of Labor to Investigations, U.S. International Trade titled, ‘‘Equal Employment Opportunity ‘‘publish information relating to existing Commission, 500 E Street SW, Suite in Apprenticeship Training.’’ This and proposed labor standards of 401, Washington, DC 20436; and comment request is part of continuing apprenticeship.’’ (4) For the investigation so instituted, Departmental efforts to reduce Title 29 CFR part 30 (part 30), titled the Chief Administrative Law Judge, paperwork and respondent burden in ‘‘Equal Employment Opportunity in U.S. International Trade Commission, accordance with the Paperwork Apprenticeship,’’ sets forth policies and shall designate the presiding Reduction Act of 1995 (PRA). procedures to promote the equality of Administrative Law Judge. DATES: Consideration will be given to all opportunity in apprenticeship programs Responses to the amended complaint written comments received by January registered with DOL and recognized and the notice of investigation must be 21, 2020. State Apprenticeship Agencies. These submitted by the named respondents in ADDRESSES: A copy of this ICR with regulations prohibit discrimination in accordance with section 210.13 of the applicable supporting documentation, registered apprenticeship on the basis of Commission’s Rules of Practice and including a description of the likely race, color, religion, national origin, sex Procedure, 19 CFR 210.13. Pursuant to respondents, proposed frequency of (including pregnancy and gender 19 CFR 201.16(e) and 210.13(a), such response, and estimated total burden, identity), disability, age (40 or older), responses will be considered by the may be obtained free by contacting genetic information, and sexual Commission if received not later than 20 Tiffany Ramos by telephone at 202– orientation, and require that sponsors of days after the date of service by the 693–3563 (this is not a toll-free registered apprenticeship programs take Commission of the amended complaint number), TTY 1–877–889–5627 (this is affirmative action to provide equal and the notice of investigation. not a toll-free number), or by email at opportunity in such programs. These Extensions of time for submitting [email protected]. policies and procedures apply to responses to the amended complaint Submit written comments about, or recruitment and selection of and the notice of investigation will not requests for a copy of, this ICR by mail apprentices, and to all conditions of be granted unless good cause therefor is or courier to the U.S. Department of employment and training during shown. Labor, Employment and Training apprenticeship. The procedures provide Failure of a respondent to file a timely Administration, Office of for registering apprenticeship programs, response to each allegation in the Apprenticeship, Room C–5321, 200 for reviewing apprenticeship programs, amended complaint and in this notice Constitution Avenue NW, Washington, for processing complaints, and for may be deemed to constitute a waiver of DC 20210; by email: [email protected]; deregistering non-complying the right to appear and contest the or by Fax: 202–693–3799. apprenticeship programs. Part 30 also allegations of the amended complaint FOR FURTHER INFORMATION CONTACT: provides policies and procedures for and this notice, and to authorize the Contact Tiffany Ramos by telephone at continuation or withdrawal of Administrative Law Judge and the 202–693–3563 (this is not a toll-free recognition of state agencies, which Commission, without further notice to number) or by email at OA-ICRs@ register apprenticeship programs for the respondent, to find the facts to be as dol.gov. Federal purposes. alleged in the amended complaint and The Complaint Form—Equal this notice and to enter an initial Authority: 44 U.S.C. 3506(c)(2)(A). Employment Opportunity in determination and a final determination SUPPLEMENTARY INFORMATION: DOL, as Apprenticeship Programs, ETA Form containing such findings, and may part of continuing efforts to reduce 9039, which is used by applicants and/ result in the issuance of an exclusion paperwork and respondent burden, or apprentices to file a complaint of order or a cease and desist order or both conducts a pre-clearance consultation discrimination with the DOL, is set to directed against the respondent. program to provide the general public expire on January 31, 2020. This

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proposed information collection request including the validity of the (PTE 1980–83),’’ to the Office of seeks a revision of approved ETA Form methodology and assumptions used; Management and Budget (OMB) for 9039 (OMB Control No. 1205–0224), • Enhance the quality, utility, and review and approval for continued use, which is set to expire on January 31, clarity of the information to be without change, in accordance with the 2020. collected; and Paperwork Reduction Act of 1995 The proposed revisions to ETA Form • Minimize the burden of the (PRA). Public comments on the ICR are 9039 consist of (1) minor edits for collection of information on those who invited. clarity; (2) an update to the Office of are to respond, including through the DATES: The OMB will consider all Apprenticeship’s room number; (3) a use of appropriate automated, written comments that agency receives correction to the number of days (i.e., electronic, mechanical, or other on or before December 23, 2019. 300) that a complaint must be filed as technological collection techniques or ADDRESSES: A copy of this ICR with required under part 30; (4) an update to other forms of information technology, applicable supporting documentation; the list of protected bases to include (e.g., permitting electronic submission including a description of the likely disability, age (40 or older), genetic of responses). respondents, proposed frequency of information, sex (including pregnancy Agency: DOL–ETA. response, and estimated total burden and gender identity), and sexual Type of Review: Revision. may be obtained free of charge from the orientation and their associated Title of Collection: Equal Employment RegInfo.gov website at http:// definitions as required under part 30; (5) Opportunity in Apprenticeship www.reginfo.gov/public/do/ and an update to the racial category Training. PRAViewICR?ref_nbr=201908-1210-003 definitions so that it adheres to the OMB Form: ETA Form 9039. (this link will only become active on the standards on race. The National OMB Control Number: 1205–0224. day following publication of this notice) Apprenticeship Act of 1937 authorizes Affected Public: Individuals/ or by contacting Frederick Licari by this information collection. households, state/local/tribal telephone at 202–693–8073, TTY 202– This information collection is subject governments, Federal government, 693–8064, (these are not toll-free to the PRA. A Federal agency generally private sector (businesses or other for- numbers) or by email at DOL_PRA_ cannot conduct or sponsor a collection profits, and, not-for-profit institutions). [email protected]. of information, and the public is Estimated Number of Respondents: Submit comments about this request generally not required to respond to an 50,139. by mail to the Office of Information and information collection, unless it is Frequency: Varies. Regulatory Affairs, Attn: OMB Desk approved by OMB under the PRA and Total Estimated Annual Responses: Officer for DOL–EBSA, Office of displays a currently valid OMB Control 103,110. Management and Budget, Room 10235, Number. In addition, notwithstanding Estimated Average Time per 725 17th Street NW, Washington, DC any other provisions of law, no person Response: 30 minutes. 20503; by Fax: 202–395–5806 (this is shall generally be subject to penalty for Estimated Total Annual Burden not a toll-free number); or by email: failing to comply with a collection of Hours: 191,355. [email protected]. Total Estimated Annual Other Cost information that does not display a Commenters are encouraged, but not Burden: $0. valid Control Number. See 5 CFR required, to send a courtesy copy of any 1320.5(a) and 1320.6. John Pallasch, comments by mail or courier to the U.S. Interested parties are encouraged to Assistant Secretary for Employment and Department of Labor—OASAM, Office provide comments to the contact shown Training. of the Chief Information Officer, Attn: in the ADDRESSES section. Comments [FR Doc. 2019–25191 Filed 11–20–19; 8:45 am] Departmental Information Compliance must be written to receive BILLING CODE 4510–FR–P Management Program, Room N1301, consideration, and they will be 200 Constitution Avenue NW, summarized and included in the request Washington, DC 20210; or by email: for OMB approval of the final ICR. In DEPARTMENT OF LABOR [email protected]. order to help ensure appropriate FOR FURTHER INFORMATION CONTACT: consideration, comments should Office of the Secretary Frederick Licari by telephone at 202– mention OMB Control Number 1205– 693–8073, TTY 202–693–8064, (these 0224. Agency Information Collection are not toll-free numbers) or by email at Submitted comments will also be a Activities; Submission for OMB [email protected]. Review; Comment Request; Class matter of public record for this ICR and SUPPLEMENTARY INFORMATION: This ICR Exemption for Certain Transactions posted on the internet, without seeks to extend PRA authority for the Involving Purchase of Securities redaction. DOL encourages commenters ‘‘Class Exemption for Certain Where Issuer May Use Proceeds To not to include personally identifiable Transactions Involving Purchase of Reduce or Retire Indebtedness to information, confidential business data, Securities where Issuer May Use Parties in Interest (PTE 1980–83) or other sensitive statements/ Proceeds to Reduce or Retire information in any comments. ACTION: Notice of availability; request Indebtedness to Parties in Interest (PTE DOL is particularly interested in for comments. 1980–83)’’ information collection. PTE comments that: 80–83 provides an exemption from • Evaluate whether the proposed SUMMARY: The Department of Labor certain prohibited transaction collection of information is necessary (DOL) is submitting the Employee provisions of ERISA and from certain for the proper performance of the Benefits Security Administration taxes imposed by the Code for functions of the agency, including (EBSA) sponsored information transactions in which an employee whether the information will have collection request (ICR) titled, ‘‘Class benefit plan purchases securities when practical utility; Exemption for Certain Transactions the proceeds from such purchase may • Evaluate the accuracy of the Involving Purchase of Securities where be used to reduce or retire a debt owed agency’s estimate of the burden of the Issuer May Use Proceeds to Reduce or by a party in interest with respect to proposed collection of information, Retire Indebtedness to Parties in Interest such plan, provided that specified

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conditions are met. Among other electronic, mechanical, or other PRAViewICR?ref_nbr=201908-1210-006 conditions, PTE 80–83 requires technological collection techniques or (this link will only become active on the adequate records pertaining to an other forms of information technology, day following publication of this notice) exempted transaction for a duration of e.g., permitting electronic submission of or by contacting Frederick Licari by six years. responses. telephone at 202–693–8073, TTY 202– This information collection is subject Agency: DOL–EBSA. 693–8064, (these are not toll-free to the PRA. A Federal agency generally Title of Collection: Class Exemption numbers) or by email at DOL_PRA_ cannot conduct or sponsor a collection for Certain Transactions Involving [email protected]. of information, and the public is Purchase of Securities where Issuer May Submit comments about this request generally not required to respond to an Use Proceeds to Reduce or Retire by mail to the Office of Information and information collection, unless the OMB Indebtedness to Parties in Interest (PTE Regulatory Affairs, Attn: OMB Desk under the PRA approves it and displays 1980–83). Officer for DOL–EBSA, Office of a currently valid OMB Control Number. OMB Control Number: 1210–0064. Management and Budget, Room 10235, In addition, notwithstanding any other Affected Public: Private Sector— 725 17th Street NW, Washington, DC provisions of law, no person shall Businesses or other for-profits. 20503; by Fax: 202–395–5806 (this is generally be subject to penalty for Total Estimated Number of not a toll-free number); or by email: failing to comply with a collection of Respondents: 25. [email protected]. information that does not display a Total Estimated Number of Commenters are encouraged, but not valid Control Number. See 5 CFR Responses: 25. required, to send a courtesy copy of any 1320.5(a) and 1320.6. The DOL obtains Total Estimated Annual Time Burden: comments by mail or courier to the U.S. OMB approval for this information 15 hours. Department of Labor—OASAM, Office collection under Control Number 1210– Total Estimated Annual Other Costs of the Chief Information Officer, Attn: 0064. Burden: $0. Departmental Information Compliance OMB authorization for an ICR cannot Authority: 44 U.S.C. 3507(a)(1)(D). Management Program, Room N1301, be for more than three (3) years without 200 Constitution Avenue NW, renewal and the current approval for Dated: November 14, 2019. Washington, DC 20210; or by email: this collection is scheduled to expire on Frederick Licari, [email protected]. November 30, 2019. The DOL seeks to Departmental Clearance Officer. FOR FURTHER INFORMATION CONTACT: extend PRA authorization for this [FR Doc. 2019–25254 Filed 11–20–19; 8:45 am] Frederick Licari by telephone at 202– information collection for three (3) more BILLING CODE 4510–29–P 693–8073, TTY 202–693–8064, (these years, without any change to existing are not toll-free numbers) or by email at requirements. The DOL notes that [email protected]. existing information collection DEPARTMENT OF LABOR requirements submitted to the OMB SUPPLEMENTARY INFORMATION: This ICR receive a month-to-month extension Office of the Secretary seeks to extend PRA authority for the while they undergo review. For Statutory Exemption for Cross-Trading additional substantive information Agency Information Collection of Securities information collection. The about this ICR, reference the 60-day Activities; Submission for OMB Interim Final Rule on Statutory notice published in the Federal Register Review; Comment Request; Statutory Exemption for CrossTrading of on March 27, 2019 (84 FR 11573). Exemption for Cross-Trading of Securities implements the content Interested parties are encouraged to Securities requirements for the written cross- send comments to the OMB, Office of trading policies and procedures ACTION: Information and Regulatory Affairs at Notice of availability; request required under section 408(b)(19)(H) of for comments. the address shown in the ADDRESSES ERISA, as added by section 611(g) of the PPA. Section 611(g)(1) of the PPA section within thirty-(30) days of SUMMARY: The Department of Labor publication of this notice in the Federal created a new statutory exemption, (DOL) is submitting the Employee added to section 408(b) of ERISA as Register. In order to help ensure Benefits Security Administration appropriate consideration, comments subsection 408(b)(19), that exempts (EBSA) sponsored information from the prohibitions of sections should mention OMB Control Number collection request (ICR) titled, 1210–0064. The OMB is particularly 406(a)(1)(A) and 406(b)(2) of ERISA ‘‘Statutory Exemption for Cross-Trading those cross-trading transactions interested in comments that: of Securities’’ to the Office of • Evaluate whether the proposed involving the purchase and sale of a Management and Budget (OMB) for security between an account holding collection of information is necessary review and approval for continued use, for the proper performance of the assets of a pension plan and any other without change, in accordance with the account managed by the same functions of the agency, including Paperwork Reduction Act of 1995 whether the information will have investment manager, provided that (PRA). Public comments on the ICR are certain conditions are satisfied. Section practical utility: invited. • Evaluate the accuracy of the 611(g)(3) of the PPA further directed the agency’s estimate of the burden of the DATES: The OMB will consider all Secretary to issue regulations, within proposed collection of information, written comments that agency receives 180 days after enactment, regarding the including the validity of the on or before December 23, 2019 content of the policies and procedures methodology and assumptions used. ADDRESSES: A copy of this ICR with to be adopted by an investment manager • Enhance the quality, utility, and applicable supporting documentation; to satisfy the conditions of the new clarity of the information to be including a description of the likely statutory exemption. The Department collected; and respondents, proposed frequency of issued a final cross trading regulation on • Minimize the burden of the response, and estimated total burden October 7, 2008. The recordkeeping collection of information on those who may be obtained free of charge from the requirement in the regulation are to respond, including through the RegInfo.gov website at http:// constitutes an information collection use of appropriate automated, www.reginfo.gov/public/do/ within the meaning of the PRA, for

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which the Department has obtained Authority: 44 U.S.C. 3507(a)(1)(D). Departmental Information Compliance approval from OMB under OMB Control Dated: November 15, 2019. Management Program, Room N1301, No. 1210–0130. Frederick Licari, 200 Constitution Avenue NW, OMB authorization for an ICR cannot Washington, DC 20210; or by email: Departmental Clearance Officer. be for more than three (3) years without [email protected]. [FR Doc. 2019–25259 Filed 11–20–19; 8:45 am] renewal and the current approval for FOR FURTHER INFORMATION CONTACT: BILLING CODE 4510–29–P this collection will expire on November Frederick Licari by telephone at 202– 30, 2019. The DOL seeks to extend PRA 693–8073, TTY 202–693–8064, (these authorization for this information DEPARTMENT OF LABOR are not toll-free numbers) or by email at collection for three (3) more years, [email protected]. without any change to existing Office of the Secretary SUPPLEMENTARY INFORMATION: This ICR requirements. The DOL notes that seeks to extend PRA authority for the existing information collection Agency Information Collection Worker Profiling and Reemployment requirements submitted to the OMB Activities; Submission for OMB Services Activity and Worker Profiling receive a month-to-month extension Review; Comment Request; Worker and Reemployment Services Outcomes while they undergo review. For Profiling and Reemployment Services information collection. Reporting Forms additional substantive information Activity and Worker Profiling and ETA–9048 and ETA–9049 are used to about this ICR, reference the 60-day Reemployment Services Outcomes identify those claimants who are most notice published in the Federal Register likely to exhaust their Unemployment on March 27, 2019 (84 FR 11573). ACTION: Notice of availability; request for comments. Insurance benefits and to provide Interested parties are encouraged to reemployment services to expedite send comments to the OMB, Office of SUMMARY: The Department of Labor those beneficiaries return to suitable Information and Regulatory Affairs at (DOL) is submitting the Employment work. The ETA–9048 report provides a ADDRESSES the address shown in the and Training Administration (ETA) count of the claimants who were section within thirty (30) days of sponsored information collection referred to Worker Profiling and publication of this notice in the Federal request (ICR) titled, ‘‘Worker Profiling Reemployment Services (WPRS) and a Register. In order to help ensure and Reemployment Services Activity count of those who completed the appropriate consideration, comments and Worker Profiling and services. The ETA–9049 report provides should mention OMB Control Number Reemployment Services Outcomes,’’ to the subsequent collection of wage 1210–0130. The OMB is particularly the Office of Management and Budget records, which is a useful management interested in comments that: (OMB) for review and approval for tool for monitoring the success of the • Evaluate whether the proposed continued use, without change, in WPRS program in the State. This ICR collection of information is necessary accordance with the Paperwork also covers preliminary activities when for the proper performance of the Reduction Act of 1995 (PRA). Public States collect information from program functions of the agency, including comments on the ICR are invited. beneficiaries. Social Security Act whether the information will have DATES: The OMB will consider all authorizes this information collection. practical utility: written comments that agency receives See 42 U.S.C. 503(a) and (j). • Evaluate the accuracy of the on or before December 23, 2019. This information collection is subject agency’s estimate of the burden of the to the PRA. A Federal agency generally proposed collection of information, ADDRESSES: A copy of this ICR with cannot conduct or sponsor a collection including the validity of the applicable supporting documentation; of information, and the public is methodology and assumptions used. including a description of the likely • Enhance the quality, utility, and respondents, proposed frequency of generally not required to respond to an clarity of the information to be response, and estimated total burden information collection, unless the OMB collected; and may be obtained free of charge from the under the PRA approves it and displays • Minimize the burden of the RegInfo.gov website at http:// a currently valid OMB Control Number. www.reginfo.gov/public/do/ In addition, notwithstanding any other collection of information on those who _ are to respond, including through the PRAViewICR?ref nbr=201910-1205-002 provisions of law, no person shall use of appropriate automated, (this link will only become active on the generally be subject to penalty for electronic, mechanical, or other day following publication of this notice) failing to comply with a collection of technological collection techniques or or by contacting Frederick Licari by information that does not display a other forms of information technology, telephone at 202–693–8073, TTY 202– valid Control Number. See 5 CFR 693–8064, (these are not toll-free 1320.5(a) and 1320.6. The DOL obtains e.g., permitting electronic submission of _ _ responses. numbers) or by email at DOL PRA OMB approval for this information Agency: DOL–EBSA. [email protected]. collection under Control Number 1205– Title of Collection: Statutory Submit comments about this request 0353. Exemption for Cross-Trading of by mail to the Office of Information and OMB authorization for an ICR cannot Securities. Regulatory Affairs, Attn: OMB Desk be for more than three (3) years without OMB Control Number: 1210–0130. Officer for DOL–ETA, Office of renewal, and the current approval for Affected Public: Private Sector— Management and Budget, Room 10235, this collection is scheduled to expire on Businesses or other for-profits. 725 17th Street NW, Washington, DC November 30, 2019. The DOL seeks to Total Estimated Number of 20503; by Fax: 202–395–5806 (this is extend PRA authorization for this Respondents: 297. not a toll-free number); or by email: information collection for three (3) more Total Estimated Number of [email protected]. years, without any change to existing Responses: 2,673. Commenters are encouraged, but not requirements. The DOL notes that Total Estimated Annual Time Burden: required, to send a courtesy copy of any existing information collection 3,104 hours. comments by mail or courier to the U.S. requirements submitted to the OMB Total Estimated Annual Other Costs Department of Labor—OASAM, Office receive a month-to-month extension Burden: $13,400. of the Chief Information Officer, Attn: while they undergo review. For

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additional substantive information DEPARTMENT OF LABOR National Agricultural Workers Survey about this ICR, see the related notice (NAWS) information collection. The published in the Federal Register on Office of the Secretary National Agricultural Workers Survey is May 3, 2019 (84 FR 19119). an employment based annual survey of Agency Information Collection Interested parties are encouraged to the demographic, employment, and Activities; Submission for OMB health characteristics of hired crop send comments to the OMB, Office of Review; Comment Request; National workers, including those who Information and Regulatory Affairs at Agricultural Workers Survey employers hire indirectly through labor ADDRESSES the address shown in the contractors. The survey began in 1988. section within thirty-(30) days of ACTION: Notice of availability; request for comments. Each year the NAWS contractor publication of this notice in the Federal interviews between 1,500 and 3,500 Register. In order to help ensure SUMMARY: The Department of Labor crop workers. The contractor interviews appropriate consideration, comments (DOL) is submitting the Employment crop workers three times per year to should mention OMB Control Number and Training Administration (ETA) account for the seasonality of 1205–0353. The OMB is particularly sponsored information collection agricultural employment. ETA uses interested in comments that: request (ICR) titled, ‘‘National NAWS data to estimate each State’s • Evaluate whether the proposed Agricultural Workers Survey,’’ to the share of crop workers who are eligible collection of information is necessary Office of Management and Budget for employment and training services for the proper performance of the (OMB) for review and approval for through ETA’s National Farmworker functions of the agency, including continued use, without change, in Jobs Program. Other Federal agencies whether the information will have accordance with the Paperwork similarly use the survey’s data to Reduction Act of 1995 (PRA). Public practical utility: estimate the number and characteristics comments on the ICR are invited. of crop workers and their dependents • Evaluate the accuracy of the DATES: The OMB will consider all who qualify to participate in or receive agency’s estimate of the burden of the written comments that agency receives services from various migrant and proposed collection of information, on or before December 23, 2019. seasonal farmworker programs. The including the validity of the ADDRESSES: A copy of this ICR with United States Department of Agriculture methodology and assumptions used. applicable supporting documentation; routinely uses NAWS data, along with • Enhance the quality, utility, and including a description of the likely other data, to estimate changes in clarity of the information to be respondents, proposed frequency of agricultural productivity. The Wagner- collected; and response, and estimated total burden Peyser Act authorizes this information may be obtained free of charge from the collection. See 29 U.S.C. 49f(d) and 49l– • Minimize the burden of the RegInfo.gov website at http:// 2(a). collection of information on those who www.reginfo.gov/public/do/ This information collection is subject are to respond, including through the PRAViewICR?ref_nbr=201907-1205-011 to the PRA. A Federal agency generally use of appropriate automated, (this link will only become active on the cannot conduct or sponsor a collection electronic, mechanical, or other day following publication of this notice) of information, and the public is technological collection techniques or or by contacting Frederick Licari by generally not required to respond to an other forms of information technology, telephone at 202–693–8073, TTY 202– information collection, unless the OMB e.g., permitting electronic submission of 693–8064, (these are not toll-free under the PRA approves it and displays responses. numbers) or by email at DOL_PRA_ a currently valid OMB Control Number. Agency: DOL–ETA. [email protected]. In addition, notwithstanding any other Submit comments about this request Title of Collection: Worker Profiling provisions of law, no person shall by mail to the Office of Information and generally be subject to penalty for and Reemployment Services Activity Regulatory Affairs, Attn: OMB Desk failing to comply with a collection of and Worker Profiling and Officer for DOL–ETA, Office of information that does not display a Reemployment Services Outcomes. Management and Budget, Room 10235, valid Control Number. See 5 CFR OMB Control Number: 1205–0353. 725 17th Street NW, Washington, DC 1320.5(a) and 1320.6. The DOL obtains Affected Public: State, Local and 20503; by Fax: 202–395–5806 (this is OMB approval for this information not a toll-free number); or by email: collection under Control Number 1205– Tribal Governments; Individuals or _ Households. OIRA [email protected]. 0453. Commenters are encouraged, but not OMB authorization for an ICR cannot Total Estimated Number of required, to send a courtesy copy of any be for more than three (3) years without Respondents: 1,061,510. comments by mail or courier to the U.S. renewal, and the current approval for Total Estimated Number of Department of Labor—OASAM, Office this collection is scheduled to expire on Responses: 2,123,338. of the Chief Information Officer, Attn: November 30, 2019. The DOL seeks to Departmental Information Compliance Total Estimated Annual Time Burden: extend PRA authorization for this Management Program, Room N1301, 2,759,895 hours. information collection for three (3) more 200 Constitution Avenue NW, years, without any change to existing Total Estimated Annual Other Costs Washington, DC 20210; or by email: requirements. The DOL notes that _ _ Burden: $0. DOL PRA [email protected]. existing information collection Authority: 44 U.S.C. 3507(a)(1)(D). FOR FURTHER INFORMATION CONTACT: requirements submitted to the OMB Frederick Licari by telephone at 202– Dated: November 14, 2019. receive a month-to-month extension 693–8073, TTY 202–693–8064, (these while they undergo review. For Frederick Licari, are not toll-free numbers) or by email at additional substantive information Departmental Clearance Officer. [email protected]. about this ICR, see the related notice [FR Doc. 2019–25258 Filed 11–20–19; 8:45 am] SUPPLEMENTARY INFORMATION: This ICR published in the Federal Register on BILLING CODE 4510–FW–P seeks to extend PRA authority for the July 25, 2019 (84 FR 35886).

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Interested parties are encouraged to DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT: send comments to the OMB, Office of Frederick Licari by telephone at 202– Information and Regulatory Affairs at Office of the Secretary 693–8073, TTY 202–693–8064, (these the address shown in the ADDRESSES are not toll-free numbers) or by email at Agency Information Collection section within thirty-(30) days of [email protected]. Activities; Submission for OMB publication of this notice in the Federal SUPPLEMENTARY INFORMATION: This ICR Review; Comment Request; Certificate seeks to extend PRA authority for the Register. In order to help ensure of Electrical Training and Applications Certificate of Electrical Training and appropriate consideration, comments for MSHA Approved Tests and State Applications for MSHA Approved Tests should mention OMB Control Number Tests Administered as Part of an and State Tests Administered as Part of 1205–0453. The OMB is particularly MSHA-Approved State Program interested in comments that: an MSHA-approved State Program information collection. Section 103(h) of • Evaluate whether the proposed ACTION: Notice of availability; request for comments. the Federal Mine Safety and Health Act collection of information is necessary of 1977 (Mine Act), 30 U.S.C. 813(h), for the proper performance of the authorizes MSHA to collect information functions of the agency, including SUMMARY: The Department of Labor (DOL) is submitting the Mining Safety necessary to carry out its duty in whether the information will have protecting the safety and health of practical utility: and Health Administration (MSHA) sponsored information collection miners. Further, section 101(a) of the • Evaluate the accuracy of the request (ICR) titled, ‘‘Certificate of Mine Act, 30 U.S.C. 811, authorizes the agency’s estimate of the burden of the Electrical Training and Applications for Secretary of Labor to develop, proposed collection of information, MSHA Approved Tests and State Tests promulgate, and revise as may be including the validity of the Administered as Part of an MSHA- appropriate, improved mandatory methodology and assumptions used. approved State Program’’ to the Office of health or safety standards for the protection of life and prevention of • Enhance the quality, utility, and Management and Budget (OMB) for injuries in coal and metal and nonmetal clarity of the information to be review and approval for continued use, without change, in accordance with the mines. Under section 305(g) of the Mine collected; and Act, all electric equipment shall be • Paperwork Reduction Act of 1995 Minimize the burden of the (PRA). Public comments on the ICR are frequently examined, tested, and collection of information on those who invited. properly maintained by a qualified are to respond, including through the person to assure safe operating DATES: The OMB will consider all use of appropriate automated, conditions. written comments that agency receives electronic, mechanical, or other Title 30 CFR 75.153 and 77.103 define on or before December 23, 2019. technological collection techniques or a person as qualified to perform other forms of information technology, ADDRESSES: A copy of this ICR with electrical work if he has been qualified e.g., permitting electronic submission of applicable supporting documentation; as a coal mine electrician by a State that responses. including a description of the likely has a coal mine electrical qualification respondents, proposed frequency of program approved by MSHA; or if he Agency: DOL–ETA. response, and estimated total burden has at least one year of experience Title of Collection: National may be obtained free of charge from the performing electrical work underground Agricultural Workers Survey. RegInfo.gov website at http:// in a coal mine, in a surface coal mine, OMB Control Number: 1205–0453. www.reginfo.gov/public/do/ in a noncoal mine, in the mine PRAViewICR?ref_nbr=201909-1219-001 equipment manufacturing industry, or Affected Public: Private Sector— (this link will only become active on the in any other industry using or Farms; Individuals or Households. day following publication of this notice) manufacturing similar equipment, and Total Estimated Number of or by contacting Frederick Licari by has satisfactorily completed a coal mine Respondents: 6,090. telephone at 202–693–8073, TTY 202– electrical training program approved by 693–8064, (these are not toll-free MSHA or has attained a satisfactory Total Estimated Number of _ _ Responses: 6,090. numbers) or by email at DOL PRA grade on a series of five written tests [email protected]. approved by MSHA. MSHA Form 5000– Total Estimated Annual Time Burden: Submit comments about this request 1 provides the coal mining industry 1,615 hours. by mail to the Office of Information and with a standardized reporting format Total Estimated Annual Other Costs Regulatory Affairs, Attn: OMB Desk that expedites the certification process Burden: $0. Officer for DOL–MSHA, Office of while ensuring compliance with the Authority: 44 U.S.C. 3507(a)(1)(D). Management and Budget, Room 10235, regulations. The information provided 725 17th Street NW, Washington, DC on the form enables MSHA to determine Dated: November 14, 2019. 20503; by Fax: 202–395–5806 (this is if the applicants satisfy the Frederick Licari, not a toll-free number); or by email: requirements to obtain the certification Departmental Clearance Officer. [email protected]. or qualification. The Department has [FR Doc. 2019–25253 Filed 11–20–19; 8:45 am] Commenters are encouraged, but not received approval from OMB for this required, to send a courtesy copy of any ICR under OMB Control No. 1219–0001. BILLING CODE 4510–FM–P comments by mail or courier to the U.S. OMB authorization for an ICR cannot Department of Labor—OASAM, Office be for more than three (3) years without of the Chief Information Officer, Attn: renewal and the current approval for Departmental Information Compliance this collection will expire on November Management Program, Room N1301, 30, 2019. The DOL seeks to extend PRA 200 Constitution Avenue NW, authorization for this information Washington, DC 20210; or by email: collection for three (3) more years, [email protected]. without any change to existing

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requirements. The DOL notes that DEPARTMENT OF LABOR are not toll-free numbers) or by email at existing information collection [email protected]. requirements submitted to the OMB Office of the Secretary SUPPLEMENTARY INFORMATION: This ICR receive a month-to-month extension seeks to extend PRA authority for the while they undergo review. For Agency Information Collection Petition for Finding Under Employee additional substantive information Activities; Submission for OMB Retirement Income Security Act Section about this ICR, reference the 60-day Review; Comment Request; Petition 3(40) information collection. Rules notice published in the Federal Register for Finding Under Employee codified beginning at 29 CFR 2570.150 on August 21, 2019 (84 FR 43620). Retirement Income Security Act set forth an administrative procedure Interested parties are encouraged to Section 3(40) (‘‘procedural rules’’) for obtaining a send comments to the OMB, Office of determination by the Department as to ACTION: Notice of availability; request Information and Regulatory Affairs at whether a particular employee benefit the address shown in the ADDRESSES for comments. plan is established or maintained under section within thirty-(30) days of SUMMARY: The Department of Labor or pursuant to one or more collective publication of this notice in the Federal (DOL) is submitting the Employee bargaining agreements for purposes of Register. In order to help ensure Benefits Security Administration section 3(40) of ERISA. These appropriate consideration, comments (EBSA) sponsored information procedural rules concern specific should mention OMB Control Number collection request (ICR) titled, ‘‘Petition criteria set forth in 29 CFR 2510.3–40 1219–0001. The OMB is particularly for Finding Under Retirement Income (‘‘criteria rules’’), which, if met, interested in comments that: Security Act Section 3(40),’’ to the constitute a finding by the Department • Evaluate whether the proposed Office of Management and Budget that a plan is collectively bargained. collection of information is necessary (OMB) for review and approval for Plans that meet the requirements of the for the proper performance of the continued use, without change, in criteria rules are not subject to state law. functions of the agency, including Among other requirements, the accordance with the Paperwork whether the information will have procedural rules require submission of a Reduction Act of 1995 (PRA). Public practical utility: petition and affidavits by parties seeking comments on the ICR are invited. • Evaluate the accuracy of the a finding. agency’s estimate of the burden of the DATES: The OMB will consider all OMB authorization for an ICR cannot proposed collection of information, written comments that agency receives be for more than three (3) years without including the validity of the on or before December 23, 2019. renewal and the current approval for methodology and assumptions used. ADDRESSES: A copy of this ICR with this collection will expire on November • Enhance the quality, utility, and applicable supporting documentation; 30, 2019. The DOL seeks to extend PRA clarity of the information to be including a description of the likely authorization for this information collected; and respondents, proposed frequency of collection for three (3) more years, • Minimize the burden of the response, and estimated total burden without any change to existing collection of information on those who may be obtained free of charge from the requirements. The DOL notes that are to respond, including through the RegInfo.gov website at http:// existing information collection use of appropriate automated, www.reginfo.gov/public/do/ requirements submitted to the OMB electronic, mechanical, or other PRAViewICR?ref_nbr=201908-1210-004 receive a month-to-month extension technological collection techniques or (this link will only become active on the while they undergo review. For other forms of information technology, day following publication of this notice) additional substantive information e.g., permitting electronic submission of or by contacting Frederick Licari by about this ICR, reference the 60-day responses. telephone at 202–693–8073, TTY 202– notice published in the Federal Register Agency: DOL–MSHA. 693–8064, (these are not toll-free on March 27, 2019 (84 FR 11573). Title of Collection: Certificate of numbers) or by email at DOL_PRA_ Interested parties are encouraged to Electrical Training and Applications for [email protected]. send comments to the OMB, Office of MSHA Approved Tests and State Tests Submit comments about this request Information and Regulatory Affairs at ADDRESSES Administered as Part of an MSHA- by mail to the Office of Information and the address shown in the approved State Program. Regulatory Affairs, Attn: OMB Desk section within thirty (30) days of OMB Control Number: 1219–0001. Officer for DOL–EBSA, Office of publication of this notice in the Federal Affected Public: Private Sector: Management and Budget, Room 10235, Register. In order to help ensure Businesses or other for-profits; State, appropriate consideration, comments 725 17th Street NW, Washington, DC Local and Tribal Governments; should mention OMB Control Number 20503; by Fax: 202–395–5806 (this is Individuals or Households. 1210–0119. The OMB is particularly not a toll-free number); or by email: Total Estimated Number of _ interested in comments that: Respondents: 266. OIRA [email protected]. • Evaluate whether the proposed Total Estimated Number of Commenters are encouraged, but not collection of information is necessary Responses: 2,025. required, to send a courtesy copy of any for the proper performance of the Total Estimated Annual Time Burden: comments by mail or courier to the U.S. functions of the agency, including 849 hours. Department of Labor—OASAM, Office whether the information will have Total Estimated Annual Other Costs of the Chief Information Officer, Attn: practical utility: Burden: $413. Departmental Information Compliance • Evaluate the accuracy of the Management Program, Room N1301, Authority: 44 U.S.C. 3507(a)(1)(D). agency’s estimate of the burden of the 200 Constitution Avenue NW, proposed collection of information, Dated: November 15, 2019. Washington, DC 20210; or by email: _ _ including the validity of the Frederick Licari, DOL PRA [email protected]. methodology and assumptions used. Departmental Clearance Officer. FOR FURTHER INFORMATION CONTACT: • Enhance the quality, utility, and [FR Doc. 2019–25257 Filed 11–20–19; 8:45 am] Frederick Licari by telephone at 202– clarity of the information to be BILLING CODE 4510–43–P 693–8073, TTY 202–693–8064, (these collected; and

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• Minimize the burden of the may be obtained free of charge from the requirements submitted to the OMB collection of information on those who RegInfo.gov website at http:// receive a month-to-month extension are to respond, including through the www.reginfo.gov/public/do/ while they undergo review. For use of appropriate automated, PRAViewICR?ref_nbr=201908-1210-002 additional substantive information electronic, mechanical, or other (this link will only become active on the about this ICR, reference the 60-day technological collection techniques or day following publication of this notice) notice published in the Federal Register other forms of information technology, or by contacting Frederick Licari by on March 27, 2019 (84 FR 11573). e.g., permitting electronic submission of telephone at 202–693–8073, TTY 202– Interested parties are encouraged to responses. 693–8064, (these are not toll-free send comments to the OMB, Office of _ _ Agency: DOL–EBSA. numbers) or by email at DOL PRA Information and Regulatory Affairs at Title of Collection: Petition for [email protected]. the address shown in the ADDRESSES Finding Under Employee Retirement Submit comments about this request section within thirty-(30) days of Income Security Act Section 3(40). by mail to the Office of Information and publication of this notice in the Federal OMB Control Number: 1210–0119. Regulatory Affairs, Attn: OMB Desk Register. In order to help ensure Affected Public: Private Sector— Officer for DOL–EBSA, Office of appropriate consideration, comments Businesses or other for-profits. Management and Budget, Room 10235, should mention OMB Control Number Total Estimated Number of 725 17th Street NW, Washington, DC 1210–0145. The OMB is particularly Respondents: 10. 20503; by Fax: 202–395–5806 (this is interested in comments that: Total Estimated Number of not a toll-free number); or by email: • Responses: 10. [email protected]. Evaluate whether the proposed Total Estimated Annual Time Burden: Commenters are encouraged, but not collection of information is necessary 50 hours. required, to send a courtesy copy of any for the proper performance of the Total Estimated Annual Other Costs comments by mail or courier to the U.S. functions of the agency, including Burden: $42,695. Department of Labor—OASAM, Office whether the information will have practical utility: Authority: 44 U.S.C. 3507(a)(1)(D). of the Chief Information Officer, Attn: Departmental Information Compliance • Evaluate the accuracy of the Dated: November 14, 2019. Management Program, Room N1301, agency’s estimate of the burden of the Frederick Licari, 200 Constitution Avenue NW, proposed collection of information, Departmental Clearance Officer. Washington, DC 20210; or by email: including the validity of the [FR Doc. 2019–25255 Filed 11–20–19; 8:45 am] [email protected]. methodology and assumptions used. BILLING CODE 4510–29–P FOR FURTHER INFORMATION CONTACT: • Enhance the quality, utility, and Frederick Licari by telephone at 202– clarity of the information to be 693–8073, TTY 202–693–8064, (these collected; and DEPARTMENT OF LABOR are not toll-free numbers) or by email at • Minimize the burden of the _ _ Office of the Secretary DOL PRA [email protected]. collection of information on those who SUPPLEMENTARY INFORMATION: This ICR are to respond, including through the Agency Information Collection seeks to extend PRA authority for the use of appropriate automated, Activities; Submission for OMB Plan Asset Transactions Determined by electronic, mechanical, or other Review; Comment Request; Plan Asset In-House Asset Managers under technological collection techniques or Transactions Determined by In-House Prohibited Transaction Class Exemption other forms of information technology, Asset Managers Under Prohibited 96–23 (PTE 96–23) information e.g., permitting electronic submission of Transaction Class Exemption 96–23 collection. PTE 96–23, a class responses. exemption, permits various transactions Agency: DOL–EBSA. ACTION: Notice of availability; request involving employee benefit plans whose Title of Collection: Plan Asset for comments. assets are managed by in-house asset Transactions Determined by In-House managers (INHAMs), provided the SUMMARY: Asset Managers under Prohibited The Department of Labor conditions of the exemption are met. Transaction Class Exemption 96–23. (DOL) is submitting the Employee The Department submitted the ICR Benefits Security Administration included in the Proposed Amendment OMB Control Number: 1210–0145. (EBSA) sponsored information to PTE 96–23 for Plan Asset Affected Public: Private Sector—Not- collection request (ICR) titled, ‘‘Plan Transactions Determined by In-House for-profit institutions; Businesses or Asset Transactions Determined by In- Asset Managers to OMB for review and other for-profits. House Asset Managers under Prohibited clearance at the time the Notice of the Transaction Class Exemption 96–23’’ to Total Estimated Number of proposed exemption was published in Respondents: 20. the Office of Management and Budget the Federal Register (June 14, 2010, 75 Total Estimated Number of (OMB) for review and approval for FR 33642). OMB approved the Responses: 20. continued use, without change, in amendment under OMB control number accordance with the Paperwork 1210–0145. Total Estimated Annual Time Burden: Reduction Act of 1995 (PRA). Public OMB authorization for an ICR cannot 940 hours. comments on the ICR are invited. be for more than three (3) years without Total Estimated Annual Other Costs DATES: The OMB will consider all renewal and the current approval for Burden: $400,000. written comments that agency receives this collection will expire on November Authority: 44 U.S.C. 3507(a)(1)(D). on or before December 23, 2019. 30, 2019. The DOL seeks to extend PRA Dated: November 13, 2019. ADDRESSES: A copy of this ICR with authorization for this information applicable supporting documentation; collection for three (3) more years, Frederick Licari, including a description of the likely without any change to existing Departmental Clearance Officer. respondents, proposed frequency of requirements. The DOL notes that [FR Doc. 2019–25256 Filed 11–20–19; 8:45 am] response, and estimated total burden existing information collection BILLING CODE 4510–29–P

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DEPARTMENT OF LABOR docket, go to http://www.regulations.gov ensures that welding equipment is in or the OSHA Docket Office at the above safe operating condition while the Occupational Safety and Health address. All documents in the docket maintenance record provides evidence Administration (including this Federal Register notice) to workers and agency compliance are listed in the http:// officers that employers performed the [Docket No. OSHA–2010–0037] www.regulations.gov index; however, required inspections. some information (e.g., copyrighted Standard for Welding, Cutting, and II. Special Issues for Comment Brazing; Extension of the Office of material) is not publicly available to Management and Budget’s (OMB) read or download from the website. All OSHA has a particular interest in submissions, including copyrighted comments on the following issues: Approval of Information Collection • (Paperwork) Requirements material, are available for inspection Whether the proposed information and copying at the OSHA Docket Office. collection requirements are necessary AGENCY: Occupational Safety and Health You also may contact Theda Kenney at for the proper performance of the Administration (OSHA), Labor. the below phone number to obtain a agency’s functions, including whether ACTION: Request for public comments. copy of the ICR. the information is useful; • FOR FURTHER INFORMATION CONTACT: The accuracy of OSHA’s estimate of SUMMARY: OSHA solicits public Theda Kenney or Seleda Perryman, the burden (time and costs) of the comments concerning the proposal to Directorate of Standards and Guidance, information collection requirements, extend the Office of Management and OSHA, U.S. Department of Labor; including the validity of the Budget’s (OMB) approval of the telephone (202) 693–2222. methodology and assumptions used; information collection requirements • The quality, utility, and clarity of SUPPLEMENTARY INFORMATION: specified in the Standard for Welding, the information collected; and Cutting, and Brazing. I. Background • Ways to minimize the burden on employers who must comply; for DATES: Comments must be submitted The Department of Labor, as part of a example, by using automated or other (postmarked, sent, or received) by continuing effort to reduce paperwork technological information collection January 21, 2020. and respondent (i.e., employer) burden, and transmission techniques. ADDRESSES: conducts a preclearance consultation Electronically: You may submit program to provide the public with an III. Proposed Actions comments and attachments opportunity to comment on proposed OSHA is requesting that OMB extend electronically at http:// and continuing information collection the approval of the collection of www.regulations.gov, which is the requirements in accordance with the information (paperwork) requirements Federal eRulemaking Portal. Follow the Paperwork Reduction Act (PRA) (44 contained in the Standard for Welding, instructions online for submitting U.S.C. 3506(c)(2)(A)). This program Cutting, and Brazing (29 CFR part 1910, comments. ensures that information is in the subpart Q). The agency requests an Facsimile: If your comments, desired format, reporting burden (time adjustment decrease of 231 burden including attachments, are not longer and costs) is minimal, collection hours (from 5,732 burden hours to 5,501 than 10 pages you may fax them to the instruments are clearly understood, and burden hours) associated with the OSHA Docket Office at (202) 693–1648. OSHA’s estimate of the information collection of information. The agency Mail, hand delivery, express mail, collection burden is accurate. The will summarize any comments messenger, or courier service: When Occupational Safety and Health Act of submitted in response to this notice and using this method, you must submit 1970 (the OSH Act) (29 U.S.C. 651 et will include this summary in its request your comments and attachments to the seq.) authorizes information collection to OMB. OSHA Docket Office, Docket No. by employers as necessary or Type of Review: Extension of a OSHA–2010–0037, Occupational Safety appropriate for enforcement of the OSH currently approved collection. and Health Administration, U.S. Act or for developing information Title: The Standard for Welding, Department of Labor, Room N–3653, regarding the causes and prevention of Cutting, and Brazing (29 CFR part 1910, 200 Constitution Avenue NW, occupationl injuries, illnesses, and subpart Q). Washington, DC 20210. Deliveries accidents (29 U.S.C. 657). The OSH Act OMB Number: 1218–0207. (hand, express mail, messenger, and also requires that OSHA obtain such Affected Public: Business or other for- courier service) are accepted during the information with minimum burden profits. Docket Office’s normal business hours, upon employers, especially those Number of Respondents: 20,627. 10:00 a.m. to 3:00 p.m., ET. operating small businesses, and to Frequency of Response: On occasion. Instructions: All submissions must reduce to the maximum extent feasible Total Responses: 82,508. include the agency name and the OSHA unnecessary duplication of effort in Average Time per Response: OSHA docket number (OSHA–2010–0037) for obtaining information (29 U.S.C. 657). estimates it will take 1 minute (.02 hour) the Information Collection Request Section 1910.255(e) requires that a to maintain the inspection certification (ICR). All comments, including any periodic inspection of resistance record to 5 minutes (.08 hour) for each personal information you provide, are welding equipment be made by welder to perform the inspection placed in the public docket without qualified maintenance personnel, and periodically (semiannually). change, and may be made available that a certification record be generated Estimated Total Burden Hours: 5,501. online at http://www.regulations.gov. and maintained. The certification shall Estimated Cost (Operation and For further information on submitting include the date of the inspection, the Maintenance): $0. comments see the ‘‘Public signature of the person who performed Participation’’ heading in the section of the inspection and the serial number, or IV. Public Participation—Submission of this notice titled SUPPLEMENTARY other identifier, for the equipment Comments on This Notice and Internet INFORMATION. inspected. The record shall be made Access to Comments and Submissions Docket: To read or download available to an OSHA inspector upon You may submit comments in comments or other material in the request. The maintenance inspection response to this document as follows:

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(1) Electronically at http:// Signed at Washington, DC, on November birth, are placed in the public docket www.regulations.gov, which is the 14, 2019. without change, and may be made Federal eRulemaking Portal; (2) by Loren Sweatt, available online at http:// facsimile; or (3) by hard copy. All Principal Deputy Assistant Secretary of Labor www.regulations.gov. For further comments, attachments, and other for Occupational Safety and Health. information on submitting comments material must identify the agency name [FR Doc. 2019–25192 Filed 11–20–19; 8:45 am] see the ‘‘Public Participation’’ heading and the OSHA docket number for this BILLING CODE 4510–26–P in the section of this notice titled ICR (Docket No. OSHA–2010–0037). SUPPLEMENTARY INFORMATION. You may supplement electronic Docket: To read or download DEPARTMENT OF LABOR submissions by uploading document comments or other material in the files electronically. If you wish to mail docket, go to http://www.regulations.gov Occupational Safety and Health or the OSHA Docket Office at the above additional materials in reference to an Administration address. All documents in the docket electronic or facsimile submission, you (including this Federal Register notice) must submit them to the OSHA Docket [Docket No. OSHA–2010–0017] are listed in the http:// Office (see the section of this notice Occupational Exposure to Noise www.regulations.gov index; however, titled ADDRESSES). The additional Standard; Extension of the Office of some information (e.g., copyrighted materials must clearly identify your Management and Budget’s (OMB) material) is not publicly available to electronic comments by your name, Approval of Information Collection read or download from the website. All date, and the docket number so the (Paperwork) Requirements submissions, including copyrighted agency can attach them to your material, are available for inspection comments. AGENCY: Occupational Safety and Health and copying at the OSHA Docket Office. Administration (OSHA), Labor. Because of security procedures, the You may also contact Theda Kenney at use of regular mail may cause a ACTION: Request for public comments. (202) 693–2222 to obtain a copy of the ICR. significant delay in the receipt of SUMMARY: OSHA solicits public FOR FURTHER INFORMATION CONTACT: comments. For information about comments concerning the proposal to security procedures concerning the extend the Office of Management and Theda Kenney or Seleda Perryman, delivery of materials by hand, express Budget’s (OMB) approval of the Directorate of Standards and Guidance, delivery, messenger, or courier service, collection of information contained in OSHA, U.S. Department of Labor, please contact the OSHA Docket Office the Occupational Exposure to Noise telephone (202) 693–2222. at (202) 693–2350 (TTY (877) 889– Standard. SUPPLEMENTARY INFORMATION: 5627). DATES: Comments must be submitted I. Background Comments and submissions are (postmarked, sent, or received) by The Department of Labor, as part of posted without change at http:// January 21, 2020. the continuing effort to reduce www.regulations.gov. Therefore, OSHA ADDRESSES: paperwork and respondent (i.e., cautions commenters about submitting Electronically: You may submit employer) burden, conducts a personal information such as your social comments and attachments preclearance consultation program to security number and date of birth. electronically at http:// provide the public with an opportunity Although all submissions are listed in www.regulations.gov, which is the to comment on proposed and the http://www.regulations.gov index, Federal eRulemaking Portal. Follow the continuing collection of information some information (e.g., copyrighted instructions online for submitting requirements in accordance with the material) is not publicly available to comments. Paperwork Reduction Act (PRA) (44 read or download from this website. All Facsimile: If your comments, U.S.C. 3506(c)(2)(A)). This program submissions, including copyrighted including attachments, are not longer ensures that information is in the material, are available for inspection than 10 pages you may fax them to the desired format, reporting burden (time and copying at the OSHA Docket Office. OSHA Docket Office at (202) 693–1648. and costs) is minimal, collection Information on using the http:// Mail, hand delivery, express mail, instruments are clearly understood, and www.regulations.gov website to submit messenger, or courier service: When OSHA’s estimate of the information comments and access the docket is using this method, you must submit collection burden is accurate. The available at the website’s ‘‘User Tips’’ your comments and attachments to the Occupational Safety and Health Act of link. Contact the OSHA Docket Office OSHA Docket Office, Docket No. 1970 (OSH Act) (29 U.S.C. 651 et seq.) for information about materials not OSHA–2010–0017, Occupational Safety authorizes information collection by available from the website, and for and Health Administration, U.S. employers as necessary or appropriate assistance in using the internet to locate Department of Labor, Room N–3653, for enforcement of the OSH Act or for 200 Constitution Avenue NW, developing information regarding the docket submissions. Washington, DC 20210. Deliveries causes and prevention of occupational V. Authority and Signature (hand, express mail, messenger, and injuries, illnesses, and incidents (see 29 courier service) are accepted during the U.S.C. 657). The OSH Act also requires Loren Sweatt, Principal Deputy OSHA Docket Office’s normal business OSHA to obtain such information with Assistant Secretary of Labor for hours, 10:00 a.m. to 3:00 p.m., ET. minimum burden upon employers, Occupational Safety and Health, Instructions: All submissions must especially those operating small directed the preparation of this notice. include the agency name and the OSHA businesses, and to reduce to the The authority for this notice is the docket number (OSHA–2010–0017) for maximum extent feasible unnecessary Paperwork Reduction Act of 1995 (44 the Information Collection Request duplication of effort in obtaining said U.S.C. 3506 et seq.) and Secretary of (ICR). All comments, including any information (see 29 U.S.C. 657). Labor’s Order No. 1–2012 (77 FR 3912). personal information you provide, such The collection of information as social security numbers and dates of specified in the Noise Standard (29 CFR

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1910.95) protects workers from suffering Average Time per Response: Various. directed the preparation of this notice. material hearing impairment. The Estimated Total Burden Hours: The authority for this notice is the collection of information contained in 2,240,636. Paperwork Reduction Act of 1995 (44 the Noise Standard includes conducting Estimated Cost (Operation and U.S.C. 3506 et seq.) and Secretary of noise monitoring; notifying workers Maintenance): $34,812,006. Labor’s Order No. 1–2012 (77 FR 3912). when they are exposed at or above an IV. Public Participation—Submission of Signed at Washington, DC, on November 8-hour time-weighted average of 85 Comments on This Notice and Internet 14, 2019. decibels (dBa); providing workers with Access to Comments and Submissions Loren Sweatt, initial and annual audiograms; notifying Principal Deputy Assistant Secretary of Labor workers of a loss in hearing based on You may submit comments in response to this document as follows: for Occupational Safety and Health. comparing audiograms; maintaining [FR Doc. 2019–25193 Filed 11–20–19; 8:45 am] records of workplace noise exposure (1) Electronically at http:// BILLING CODE 4510–26–P and workers’ audiograms; and allowing www.regulations.gov, which is the workers access to materials and records Federal eRulemaking Portal; (2) by required by the Standard. facsimile; or (3) by hard copy. All comments, attachments, and other LEGAL SERVICES CORPORATION II. Special Issues for Comment material must identify the agency name Sunshine Act Meeting OSHA has a particular interest in and the OSHA docket number for this ICR (Docket No. OSHA–2010–0017). comments on the following issues: DATE AND TIME: The Legal Services • Whether the proposed information You may supplement electronic Corporation’s Board of Directors will collection requirements are necessary submissions by uploading document meet telephonically on November 22, for the proper performance of the files electronically. If you wish to mail 2019. The meeting will commence at agency’s functions, including whether additional materials in reference to an 3:00 p.m. Eastern Time and will the information is useful; electronic or facsimile submission, you • continue until the conclusion of the The accuracy of OSHA’s estimate of must submit them to the OSHA Docket Committee’s agenda. the burden (time and costs) of the Office (see the section of this notice LOCATION: John N. Erlenborn Conference information collection requirements, titled ADDRESSES). The additional Room, Legal Services Corporation including the validity of the materials must clearly identify your Headquarters, 3333 K Street NW, methodology and assumptions used; electronic comments by your name, Washington, DC 20007. • The quality, utility, and clarity of date, and the docket number so the the information collected; and agency can attach them to your PUBLIC OBSERVATION: Members of the • Ways to minimize the burden on comments. public who are unable to attend in employers who must comply; for Due to security procedures, the use of person but wish to listen to the public example, by using automated or other regular mail may cause a significant proceedings may do so by following the technological information collection delay in the receipt of comments. For telephone call-in directions provided and transmission techniques. information about security procedures below. concerning the delivery of materials by CALL-IN DIRECTIONS FOR OPEN SESSIONS: III. Proposed Actions hand, express delivery, messenger, or • Call in number: 1–866–451–4981; • The agency is requesting an courier service, please contact the When prompted, enter the adjustment increase of burden hours OSHA Docket Office at (202) 693–2350, following numeric pass code: 932–809– associated with the collection of 0043 (TTY (877) 889–5627). • information in the Standard from Comments and submissions are When connected to the call, please 2,184,591 to 2,240,636 (a total increase posted without change at http:// immediately ‘‘MUTE’’ your telephone. of 56,045 hours). The agency is also www.regulations.gov. Therefore, OSHA Members of the public are asked to requesting an adjustment increase in the cautions commenters about submitting keep their telephones muted to cost under Item 13 from $31,242,929 to personal information such as their eliminate background noises. To avoid $34,812,006 (a total increase of social security number and date of birth. disrupting the meeting, please refrain $3,569,077). The agency estimates that Although all submissions are listed in from placing the call on hold if doing so there are 215,624 establishments and the http://www.regulations.gov index, will trigger recorded music or other 3,684,785 employees exposed to 85 dBA some information (e.g., copyrighted sound. From time to time, the Chair may affected by the Standard. OSHA material) is not publicly available to solicit comments from the public. estimates that the number of read or download from this website. STATUS OF MEETING: Open. establishments from the previous ICR All submissions, including MATTERS TO BE CONSIDERED: decreased by 0.2%, while the estimated copyrighted material, are available for 1. Approval of agenda. number of employees from the previous inspection and copying at the OSHA 2. Consider and act on the Board of ICR increased by 2.5%. These estimated Docket Office. Information on using the Directors’ transmittal to accompany the decreases and increases are based on http://www.regulations.gov website to Inspector General’s Semiannual Report updated County Business Pattern data submit comments and access the docket to Congress for the period of April 1, for manufacturing. is available at the website’s ‘‘User Tips’’ 2019 through September 30, 2019. Type of Review: Extension of a link. Contact the OSHA Docket Office 3. Public comment. currently approved collection. for information about materials not 4. Consider and act on other business. Title: Occupational Exposure to Noise available from the website, and for 5. Consider and act on adjournment of Standard (29 CFR 1910.95). assistance in using the internet to locate meeting. OMB Control Number: 1218–0048. docket submissions. CONTACT PERSON FOR INFORMATION: Karly Affected Public: Business or other for- Satkowiak, Special Counsel, at (202) profits. V. Authority and Signature 295–1633. Questions may be sent by Number of Respondents: 215,624. Loren Sweatt, Principal Deputy email to [email protected]. Total Responses: 22,630,728. Assistant Secretary of Labor for ACCESSIBILITY: LSC complies with the Frequency of Responses: On occasion. Occupational Safety and Health, Americans with Disabilities Act and

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Section 504 of the 1973 Rehabilitation • Division of Behavioral and Cognitive NuScale regarding the subject topic. Act. Upon request, meeting notices and Sciences Committee of Visitors Report [Note: A portion of this session may be materials will be made available in • National Academies of Science, closed in order to discuss and protect alternative formats to accommodate Engineering, and Medicine report, information designated as proprietary, individuals with disabilities. Reproducibility and Replicability in pursuant to 5 U.S.C. 552b(c)(4)]. Individuals needing other Science 5:00 p.m.–5:30 p.m.: Susquehanna accommodations due to disability in • NSF Distinguished Lecture in the Atrium 11 Fuel Transition and order to attend the meeting in person or Social, Behavioral, and Economic Application/Framatome (Open/ telephonically should contact Karly Sciences: Dr. Jennifer Lerner, Harvard Closed)—The Committee will have Satkowiak, at 202–295–1633 or University briefings by and discussion with [email protected], at least 2 business • Opportunities for collaboration representatives of the NRC staff days in advance of the meeting. between SBE and the Directorate for regarding the subject topic. [Note: A If a request is made without advance Computer and Information Science portion of this session may be closed in notice, LSC will make every effort to and Engineering order to discuss and protect information accommodate the request but cannot • SBE Sciences and National Security designated as proprietary, pursuant to 5 guarantee that all requests can be • New SBE Advisory Committee U.S.C. 552b(c)(4)]. fulfilled. Member Research Presentations 5:30 p.m.–6:00 p.m.: Preparation of • SBE Division Leadership—Visions ACRS Reports (Open/Closed)—The Dated: November 18, 2019. • Committee will continue its discussion Stefanie Davis, NSF Big Ideas Update • Committee on Equal Opportunities in of proposed ACRS reports. [Note: A Senior Assistant General Counsel . Science and Engineering Update portion of this session may be closed in [FR Doc. 2019–25369 Filed 11–19–19; 11:15 am] • Advisory Committee for order to discuss and protect information BILLING CODE 7050–01–P Environmental Research and designated as proprietary, pursuant to 5 Education Update U.S.C. 552b(c)(4)]. • Wrap-up, Assignments, and Closing Thursday, December 5, 2019, NATIONAL SCIENCE FOUNDATION Remarks Conference Room T2D10 Advisory Committee for Social, Dated: November 18, 2019. 8:30 a.m.–10:30 a.m.: NuScale Design Behavioral and Economic Sciences; Crystal Robinson, Certification Application Safety Notice of Meeting Committee Management Officer. Evaluation (Open/Closed)—The [FR Doc. 2019–25275 Filed 11–20–19; 8:45 am] Committee will have briefings by and In accordance with the Federal BILLING CODE 7555–01–P discussion with representatives of the Advisory Committee Act (Pub. L. 92– NRC staff regarding the need for further 463, as amended), the National Science briefings by the staff to support the Foundation (NSF) announces the Committee’s Review. For specific NUCLEAR REGULATORY following meeting: chapters to be discussed please contact COMMISSION Name and Committee Code: Advisory Mike Snodderly at 301–415–2241. Committee for Social, Behavioral and 669th Meeting of the Advisory [Note: A portion of this session may be Economic Sciences (#1171). Committee on Reactor Safeguards closed in order to discuss and protect Date and Time: December 12, 2019; (ACRS) information designated as proprietary, 9:00 a.m. to 5:00 p.m.; December 13, pursuant to 5 U.S.C. 552b(c)(4)]. 2019; 9:00 a.m. to 12:30 p.m. In accordance with the purposes of 10:45 a.m.–12:30 p.m.: GE/GNF Place: National Science Foundation, Sections 29 and 182b of the Atomic Control Rod Drop Accident 2415 Eisenhower Avenue, Room E2020, Energy Act (42 U.S.C. 2039, 2232b), the Methodology (Open/Closed)—The Alexandria, VA 22314. Advisory Committee on Reactor Committee will have briefings by and Type of Meeting: Open. Safeguards (ACRS) will hold meetings discussion with representatives of the Contact Person: Dr. Deborah Olster, on December 4–7, 2019, Two White NRC staff and GE/GNF regarding the Office of the Assistant Director, Flint North, 11545 Rockville Pike, ACRS subject topic. [Note: A portion of this Directorate for Social, Behavioral and Conference Room T2D10, Rockville, MD session may be closed in order to Economic Sciences, National Science 20852. discuss and protect information Foundation, 2415 Eisenhower Avenue, designated as proprietary, pursuant to 5 Wednesday, December 4, 2019, Alexandria, VA 22314; Telephone: 703– U.S.C. 552b(c)(4)]. Conference Room T2D10 292–8700. 1:30 p.m.–3:30 p.m.: Future ACRS Summary of Minutes: Posted on SBE 1:00 p.m.–1:05 p.m.: Opening Activities/Report of the Planning and advisory committee website at: https:// Remarks by the ACRS Chairman Procedures Subcommittee and www.nsf.gov/sbe/advisory.jsp. (Open)—The ACRS Chairman will make Reconciliation of ACRS Comments and Purpose of Meeting: To provide opening remarks regarding the conduct Recommendations (Open/Closed)—The advice and recommendations to the of the meeting. Committee will hear discussion of the National Science Foundation on major 1:05 p.m.–2:30 p.m.: Peach Bottom recommendations of the Planning and goals and policies pertaining to Social, Subsequent License Renewal (Open)— Procedures Subcommittee regarding Behavioral and Economic Sciences The Committee will have briefings by items proposed for consideration by the Directorate (SBE) programs and and discussion with representatives of Full Committee during future ACRS activities. the NRC staff and Exelon regarding the meetings. [Note: A portion of this subject topic. meeting may be closed pursuant to 5 Agenda 2:45 p.m.–5:00 p.m.: NuScale Source U.S.C. 552b (c)(2) and (6) to discuss • Welcome, Introductions, and Preview Term Topical Report Methodology organizational and personnel matters of Agenda (Open/Closed)—The Committee will that relate solely to internal personnel • Directorate for Social, Behavioral, and have briefings by and discussion with rules and practices of the ACRS, and Economic Sciences (SBE) Update representatives of the NRC staff and information the release of which would

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constitute a clearly unwarranted designated as proprietary, pursuant to 5 may be closed, as specifically noted invasion of personal privacy.] [Note: A U.S.C. 552b(c)(4)]. above. Use of still, motion picture, and portion of this session may be closed in Procedures for the conduct of and television cameras during the meeting order to discuss and protect information participation in ACRS meetings were may be limited to selected portions of designated as proprietary, pursuant to 5 published in the Federal Register on the meeting as determined by the U.S.C. 552b(c)(4)]. June 13, 2019 (84 FR 27662). In Chairman. Electronic recordings will be 3:45 p.m.–6:00 p.m.: Preparation of accordance with those procedures, oral permitted only during the open portions ACRS Reports/NuScale Chapters or written views may be presented by of the meeting. Discussion (Open/Closed)—The members of the public, including ACRS meeting agendas, meeting Committee will continue its discussion representatives of the nuclear industry. transcripts, and letter reports are of proposed ACRS reports and NuScale Persons desiring to make oral statements available through the NRC Public chapters. [Note: A portion of this should notify Quynh Nguyen, Cognizant Document Room at pdr.resource@ session may be closed in order to ACRS Staff (Telephone: 301–415–5844, nrc.gov, or by calling the PDR at 1–800– discuss and protect information Email: [email protected]), 5 days 397–4209, or from the Publicly designated as proprietary, pursuant to 5 before the meeting, if possible, so that Available Records System (PARS) U.S.C. 552b(c)(4)]. appropriate arrangements can be made component of NRC’s document system to allow necessary time during the (ADAMS) which is accessible from the Friday, December 6, 2019, Conference meeting for such statements. In view of Room T2D10 NRC website at http://www.nrc.gov/ the possibility that the schedule for reading-rm/adams.html or http:// 8:30 a.m.–9:30 a.m.: Preparation for ACRS meetings may be adjusted by the www.nrc.gov/reading-rm/doc- Commission Meeting (Open)—The Chairman as necessary to facilitate the collections/#ACRS/ Committee will prepare for the meeting conduct of the meeting, persons Video teleconferencing service is with the Commission. planning to attend should check with available for observing open sessions of 10:00 a.m.–12:00 p.m.: Meeting with the Cognizant ACRS staff if such ACRS meetings. Those wishing to use the Commission—The Committee will rescheduling would result in major this service should contact Ms. Paula meet with the Commission. inconvenience. The bridgeline number Dorm, ACRS Audio Visual Technician 2:00 p.m.–6:00 p.m.: Preparation of for the meeting is 866–822–3032, (301–415–7799), between 7:30 a.m. and ACRS Reports (Open/Closed)—The passcode 8272423#. 3:45 p.m. (ET), at least 10 days before Committee will continue its discussion Thirty-five hard copies of each the meeting to ensure the availability of of proposed ACRS reports. [Note: A presentation or handout should be this service. Individuals or portion of this session may be closed in provided 30 minutes before the meeting. organizations requesting this service order to discuss and protect information In addition, one electronic copy of each will be responsible for telephone line designated as proprietary, pursuant to 5 presentation should be emailed to the charges and for providing the U.S.C. 552b(c)(4)]. Cognizant ACRS Staff one day before equipment and facilities that they use to meeting. If an electronic copy cannot be Saturday, December 7, 2019, establish the video teleconferencing provided within this timeframe, Conference Room T2D10 link. The availability of video presenters should provide the Cognizant teleconferencing services is not 8:30 a.m.–12:00 p.m.: Preparation of ACRS Staff with a CD containing each guaranteed. ACRS Reports (Open/Closed)—The presentation at least 30 minutes before Committee will continue its discussion the meeting. Dated: November 18, 2019. of proposed ACRS reports. [Note: A In accordance with Subsection 10(d) Russell E. Chazell, portion of this session may be closed in of Public Law 92–463 and 5 U.S.C. Federal Advisory Committee Management order to discuss and protect information 552b(c), certain portions of this meeting Officer, Office of the Secretary.

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[FR Doc. 2019–25218 Filed 11–20–19; 8:45 am] (Eastern Time) Federal workdays; comment submissions into ADAMS. BILLING CODE 7590–01–P telephone: 301–415–1677. The NRC does not routinely edit For additional direction on obtaining comment submissions to remove information and submitting comments, identifying or contact information. NUCLEAR REGULATORY see ‘‘Obtaining Information and If you are requesting or aggregating COMMISSION Submitting Comments’’ in the comments from other persons for SUPPLEMENTARY INFORMATION [Docket No. 11006121; NRC–2019–0230] section of submission to the NRC, then you should this document. inform those persons not to include Curtiss-Wright Electro-Mechanical FOR FURTHER INFORMATION CONTACT: identifying or contact information that Corporation Andrea R. Jones, Office of International they do not want to be publicly Programs, telephone: 404–997–4443, disclosed in their comment submission. AGENCY: Nuclear Regulatory email: [email protected], U.S. Your request should state that the NRC Commission. Nuclear Regulatory Commission, does not routinely edit comment ACTION: Export license amendment Washington, DC 20555–0001. submissions to remove such information application; opportunity to comment, SUPPLEMENTARY INFORMATION: before making the comment request a hearing, and petition for leave submissions available to the public or to intervene. I. Obtaining Information and entering the comment into ADAMS. Submitting Comments SUMMARY: The U.S. Nuclear Regulatory II. Discussion A. Obtaining Information Commission (NRC) is considering an On October 23, 2019, NRC received an Please refer to NRC–2019–0230 or export license amendment (XR177/01), application from CW–EMD requesting a Docket No. 11006121 when contacting requested by Curtiss-Wright Electro- license amendment for specific export the NRC about the availability of Mechanical Corporation (CW-EMD). On license (XR177/01) for the export of four information for this action. You may October 23, 2019, CW-EMD filed a RCPs and two replacement RCPs—for a obtain publicly-available information license amendment application to total of six RCPs—from the related to this action by any of the export nuclear reactor equipment. The Commonwealth of Pennsylvania for following methods: request seeks the NRC’s approval for the installation, operation, and maintenance export of six reactor coolant pumps • Federal rulemaking website: Go to https://www.regulations.gov and search at the Haiyang Nuclear Power Plant (RCPs)—two of the six, will serve as (NPP), Unit 4 only, in the PRC. The replacement RCPs—to the People’s for Docket NRC–2019–0230. • NRC’s public website: Go to https:// current export license XR177 authorizes Republic of China (PRC). The NRC is the export of 12 RCPs and six providing notice of the opportunity to www.nrc.gov and search for XR177/01, Docket No. 11006121, or Docket ID replacement RCPs, for installation into request a hearing on CW-EMD’s revised Xudapu NPP, Unit 1 only; Sanmen NPP, application. The request seeks the NRC–2019–0230. • Unit 3 only; and Haiyang NPP, Unit 3 NRC’s approval of the application NRC’s Agencywide Documents Access and Management System only, in the PRC (ADAMS Accession authorizing the export of the RCPs to No. ML19024A208). PRC. (ADAMS): You may obtain publicly- available documents online in the In accordance with paragraph DATES: Submit comments by December ADAMS Public Documents collection at 110.70(b) of title 10 of the Code of 23, 2019. Requests for a hearing or a https://www.nrc.gov/reading-rm/ Federal Regulation (10 CFR) the NRC is petition for leave to intervene must be adams.html. To begin the search, select noticing the receipt of an export license filed by December 23, 2019. ‘‘Begin Web-based ADAMS Search.’’ For application submitted by CW–EMD on ADDRESSES: You may submit comments problems with ADAMS, please contact October 23, 2019, for the export of RCPs by any of the following methods: the NRC’s Public Document Room (PDR) from the Commonwealth of • Federal Rulemaking website: Go to reference staff at 1–800–397–4209, 301– Pennsylvania to the PRC. https://www.regulations.gov and search 415–4737, or by email to pdr.resource@ III. Opportunity To Request a Hearing for Docket ID NRC–2019–0213. Address nrc.gov. The export license application and Petition for Leave To Intervene questions about Docket IDs in amendment from CW–EMD is available Regulations.gov to Jennifer Borges; in ADAMS under Accession No. The NRC is noticing the request to telephone: 301–287–9127; email: ML19304A061 and additional amend the export license XR177, to [email protected]. For technical information is available in ADAMS export six RCPs to Haiyang NPP, Unit 4 questions, contact the individual listed under XR–177/01 and under Docket No. only; opening the opportunity for public in the FOR FURTHER INFORMATION 11006121. comment; and opening the opportunity CONTACT section of this document. • NRC’s PDR: You may examine and to file a request for a hearing or petition • Email comments to: purchase copies of public documents at for leave to intervene for 30 days after [email protected]. If you do not the NRC’s PDR, Room O1–F21, One publication of this notice in the Federal receive an automatic email reply White Flint North, 11555 Rockville Register. Any request for hearing or confirming receipt, then contact us at Pike, Rockville, Maryland 20852. petition for leave to intervene shall be 301–415–1677. served by the requestor or petitioner • Fax comments to: Secretary, U.S. B. Submitting Comments upon the applicant, the Office of the Nuclear Regulatory Commission at 301– Please include NRC–2019–0230 or General Counsel, U.S. Nuclear 415–1101. Docket No. 11006121 in your comment Regulatory Commission, Washington, • Mail comments to: Secretary, U.S. submission. The NRC cautions you not DC 20555; the Secretary, U.S. Nuclear Nuclear Regulatory Commission, to include identifying or contact Regulatory Commission, Washington, Washington, DC 20555–0001, ATTN: information that you do not want to be DC 20555; and the Executive Secretary, Rulemakings and Adjudications Staff. publicly disclosed in your comment U.S. Department of State, Washington, • Hand deliver comments to: 11555 submission. The NRC will post all DC 20520. Hearing requests and Rockville Pike, Rockville, Maryland comment submissions at https:// intervention petitions must include the 20852, between 7:30 a.m. and 4:15 p.m. www.regulations.gov as well as enter the information specified in 10 CFR 110.82.

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IV. Electronic Submission (E-Filing) public website at https://www.nrc.gov/ (2) courier, express mail, or expedited A request for a hearing or petition for site-help/electronic-sub-ref-mat.html. A delivery service to the Office of the leave to intervene must be filed in filing is considered complete at the time Secretary, 11555 Rockville Pike, accordance with the NRC’s E-Filing rule the document is submitted through the Rockville, Maryland 20852, Attention: (72 FR 49139; August 28, 2007, as NRC’s E-Filing system. To be timely, an Rulemaking and Adjudications Staff. amended at 77 FR 46562; August 3, electronic filing must be submitted to Participants filing adjudicatory 2012). The E-Filing process requires the E-Filing system no later than 11:59 documents in this manner are participants to submit and serve all p.m. Eastern Time on the due date. responsible for serving the document on adjudicatory documents over the Upon receipt of a transmission, the E- all other participants. Filing is internet, or in some cases to mail copies Filing system time-stamps the document considered complete by first-class mail on electronic storage media. Detailed and sends the submitter an email notice as of the time of deposit in the mail, or guidance on making electronic confirming receipt of the document. The by courier, express mail, or expedited submissions may be found in the E-Filing system also distributes an email delivery service upon depositing the Guidance for Electronic Submissions to notice that provides access to the document with the provider of the the NRC and on the NRC website at document to the NRC’s Office of the service. A presiding officer, having https://www.nrc.gov/site-help/e- General Counsel and any others who granted an exemption request from submittals.html. Participants may not have advised the Office of the Secretary using E-Filing, may require a participant submit paper copies of their filings that they wish to participate in the or party to use E-Filing if the presiding unless they seek an exemption in proceeding, so that the filer need not officer subsequently determines that the accordance with the procedures serve the document on those reason for granting the exemption from described below. participants separately. Therefore, use of E-Filing no longer exists. applicants and other participants (or To comply with the procedural Documents submitted in adjudicatory their counsel or representative) must requirements of E-Filing, at least 10 proceedings will appear in the NRC’s apply for and receive a digital ID days prior to the filing deadline, the electronic hearing docket which is certificate before adjudicatory participant should contact the Office of available to the public at https:// the Secretary by email at documents are filed so that they can adams.nrc.gov/ehd, unless excluded [email protected], or by telephone obtain access to the documents via the pursuant to an order of the Commission at 301–415–1677, to (1) request a digital E-Filing system. or the presiding officer. If you do not identification (ID) certificate, which A person filing electronically using have an NRC-issued digital ID certificate allows the participant (or its counsel or the NRC’s adjudicatory E-Filing system as described above, click ‘‘Cancel’’ representative) to digitally sign may seek assistance by contacting the when the link requests certificates and submissions and access the E-Filing NRC’s Electronic Filing Help Desk you will be automatically directed to the system for any proceeding in which it through the ‘‘Contact Us’’ link located NRC’s electronic hearing dockets where is participating; and (2) advise the on the NRC’s public website at https:// you will be able to access any publicly Secretary that the participant will be www.nrc.gov/site-help/e- submitting a petition or other submittals.html, by email to available documents in a particular adjudicatory document (even in [email protected], or by a toll- hearing docket. Participants are instances in which the participant, or its free call at 1–866–672–7640. The NRC requested not to include personal counsel or representative, already holds Electronic Filing Help Desk is available privacy information, such as social an NRC-issued digital ID certificate). between 9 a.m. and 6 p.m., Eastern security numbers, home addresses, or Based upon this information, the Time, Monday through Friday, personal phone numbers in their filings, Secretary will establish an electronic excluding government holidays. unless an NRC regulation or other law docket for the hearing in this proceeding Participants who believe that they requires submission of such if the Secretary has not already have a good cause for not submitting information. For example, in some established an electronic docket. documents electronically must file an instances, individuals provide home Information about applying for a exemption request, in accordance with addresses in order to demonstrate digital ID certificate is available on the 10 CFR 2.302(g), with their initial paper proximity to a facility or site. With NRC’s public website at https:// filing stating why there is good cause for respect to copyrighted works, except for www.nrc.gov/site-help/e-submittals/ not filing electronically and requesting limited excerpts that serve the purpose getting-started.html. Once a participant authorization to continue to submit of the adjudicatory filings and would has obtained a digital ID certificate and documents in paper format. Such filings constitute a Fair Use application, a docket has been created, the must be submitted by: (1) First class participants are requested not to include participant can then submit mail addressed to the Office of the copyrighted materials in their adjudicatory documents. Submissions Secretary of the Commission, U.S. submission. must be in Portable Document Format Nuclear Regulatory Commission, The information concerning this (PDF). Additional guidance on PDF Washington, DC 20555–0001, Attention: application for an export license submissions is available on the NRC’s Rulemaking and Adjudications Staff; or follows.

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NRC EXPORT LICENSE APPLICATION [Description of material]

Name of applicant Date of application Date received Application No. Material type Total quantity End use Country of destination Docket No. ADAMS Accession No.

Curtiss-Wright Electro-Me- Nuclear reactor equipment Four RCPs and two re- Installation, operation, and People’s Republic of chanical Corporation. consisting of reactor placement RCPs. maintenance for China. October 23, 2019. coolant pumps (RCPs), Haiyang NPP, Unit 4 October 29, 2019. as described in para- only. XR177/01 graph 4; and related 11006121 minor reactor compo- ML19304A061 nents, as described in paragraph 11 of Appen- dix A to Title 10 of the Code of Federal Regula- tions.

Dated at Rockville, Maryland, this 15th day to this notice must follow the Reactor Regulation, U.S. Nuclear of November 2019. instructions in Section VI of the Regulatory Commission, Washington, For the Nuclear Regulatory Commission. SUPPLEMENTARY INFORMATION section of DC 20555–0001; telephone: 301–415– Mohamed K. Shams, this notice. 6616, email: [email protected]. Acting Deputy Director, Office of ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION: International Programs. by any of the following methods: I. Obtaining Information and [FR Doc. 2019–25194 Filed 11–20–19; 8:45 am] • Federal Rulemaking website: Go to Submitting Comments BILLING CODE 7590–01–P https://www.regulations.gov and search for Docket ID NRC–2019–0228. Address A. Obtaining Information questions about NRC dockets IDs in Please refer to Docket ID NRC–2019– NUCLEAR REGULATORY Regulations.gov to Jennifer Borges; 0228 when contacting the NRC about COMMISSION telephone: 301–287–9127; email: the availability of information for this [Docket Nos. 50–438 and 50–439; NRC– [email protected]. For technical action. You may obtain publicly- 2019–0228] questions, contact the individual listed available information related to this in the FOR FURTHER INFORMATION action by any of the following methods: Bellefonte Nuclear Plant; CONTACT section of this document. • Federal Rulemaking Website: Go to • Consideration of Approval of Transfer Mail comments to: Office of https://www.regulations.gov and search of Construction Permits and Administration, Mail Stop: TWFN–7– for Docket ID NRC–2019–0228. Conforming Amendment A60M, U.S. Nuclear Regulatory • NRC’s Agencywide Documents Commission, Washington, DC 20555– Access and Management System AGENCY: Nuclear Regulatory 0001, ATTN: Program Management, (ADAMS): You may obtain publicly- Commission. Announcements and Editing Staff. available documents online in the ACTION: Application for direct transfer of For additional direction on obtaining ADAMS Public Documents collection at license; opportunity to comment, information and submitting comments, https://www.nrc.gov/reading-rm/ request a hearing, and petition for leave see ‘‘Obtaining Information and adams.html. To begin the search, select to intervene. Submitting Comments’’ in the ‘‘Begin Web-based ADAMS Search.’’ For SUPPLEMENTARY INFORMATION section of problems with ADAMS, please contact SUMMARY: The U.S. Nuclear Regulatory this document. the NRC’s Public Document Room (PDR) Commission (NRC) received and is • Email comments to: reference staff at 1–800–397–4209, 301– considering approval of an application [email protected]. If you do not 415–4737, or by email to pdr.resource@ filed by Nuclear Development, LLC (ND) receive an automatic email reply nrc.gov. The Application for Order on November 13, 2018. The application confirming receipt, then contact us at Approving Construction Permit seeks NRC approval of the direct 301–415–1677. Transfers and Conforming transfer of construction permits Nos. • Fax comments to: Secretary, U.S. Administrative Construction Permit CPPR–122 and CPPR–123, for Bellefonte Nuclear Regulatory Commission at 301– Amendments is available in ADAMS Nuclear Plant, Units 1 and 2, from the 415–1101. • under Accession ML18318A428. current holder, Tennessee Valley Mail comments to: Secretary, U.S. • NRC’s PDR: You may examine and Authority (TVA), to ND. The application Nuclear Regulatory Commission, purchase copies of public documents at contains sensitive unclassified non- Washington, DC 20555–0001, ATTN: the NRC’s PDR, Room O1–F21, One safeguards information (SUNSI). Rulemaking and Adjudications staff. • White Flint North, 11555 Rockville DATES: Comments must be filed by Hand deliver comments to: 11555 Pike, Rockville, Maryland 20852. December 23, 2019. A request for a Rockville Pike, Rockville, Maryland hearing must be filed by December 11, 20852, between 7:30 a.m. and 4:15 p.m. B. Submitting Comments 2019. Any potential party as defined in (Eastern Time) Federal workdays; Please include Docket ID NRC–2019– § 2.4 of title 10 of the Code of Federal telephone: 301–415–1677. 0228 in your comment submission. Regulations (10 CFR), who believes FOR FURTHER INFORMATION CONTACT: The NRC cautions you not to include access to SUNSI is necessary to respond Omid Tabatabai, Office of Nuclear identifying or contact information that

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you do not want to be publicly or judgment of a court of competent the following general requirements for disclosed in your comment submission. jurisdiction attesting to the person’s standing: (1) The name, address, and The NRC will post all comment right (subject to the licensing telephone number of the petitioner; (2) submissions at https:// requirements of the Act and NRC the nature of the petitioner’s right to be www.regulations.gov as well as enter the regulations) to possession of the facility made a party to the proceeding; (3) the comment submissions into ADAMS. or site involved. nature and extent of the petitioner’s The NRC does not routinely edit As provided in 10 CFR 2.1315, unless property, financial, or other interest in comment submissions to remove otherwise determined by the the proceeding; and (4) the possible identifying or contact information. Commission with regard to a specific effect of any decision or order which If you are requesting or aggregating application, the Commission has may be entered in the proceeding on the comments from other persons for determined that any amendment to the petitioner’s interest. submission to the NRC, then you should license of a utilization facility which In accordance with 10 CFR 2.309(f), inform those persons not to include does no more than conform the license the petition must also set forth the identifying or contact information that to reflect the transfer action involves no specific contentions which the they do not want to be publicly significant hazards consideration. No petitioner seeks to have litigated in the disclosed in their comment submission. contrary determination has been made proceeding. Each contention must Your request should state that the NRC with respect to this specific license consist of a specific statement of the does not routinely edit comment amendment application. In light of the issue of law or fact to be raised or submissions to remove such information generic determination reflected in 10 controverted. In addition, the petitioner before making the comment CFR 2.1315, no public comments with must provide a brief explanation of the submissions available to the public or respect to significant hazards bases for the contention and a concise entering the comment into ADAMS. considerations are being solicited, statement of the alleged facts or expert notwithstanding the general comment opinion which support the contention II. Introduction procedures contained in 10 CFR 50.91. and on which the petitioner intends to The NRC is considering the issuance rely in proving the contention at the III. Opportunity To Comment of an order under § 50.80 of title 10 of hearing. The petitioner must also the Code of Federal Regulations (10 Within 30 days from the date of provide references to the specific CFR) approving the direct transfer of publication of this notice, persons may sources and documents on which the control of construction permits Nos. submit written comments regarding the petitioner intends to rely to support its CPPR–122 and CPPR–123, for Bellefonte license transfer application, as provided position on the issue. The petition must Nuclear Plant, Units 1 and 2, currently for in 10 CFR 2.1305. The Commission include sufficient information to show held by TVA. The transfer would be to will consider and, if appropriate, that a genuine dispute exists with the Nuclear Development, LLC. respond to these comments, but such applicant or licensee on a material issue Following approval of the proposed comments will not otherwise constitute of law or fact. Contentions must be direct transfer of control of the license, part of the decisional record. Comments limited to matters within the scope of Nuclear Development, LLC would should be submitted as described in the the proceeding. The contention must be acquire ownership of the facility. ADDRESSES section of this document. one which, if proven, would entitle the Nuclear Development, LLC would be petitioner to relief. A petitioner who responsible for the operation and IV. Opportunity To Request a Hearing and Petition for Leave To Intervene fails to satisfy the requirements at 10 maintenance of Bellefonte Nuclear CFR 2.309(f) with respect to at least one Plant, Units 1 and 2. Nuclear Within 20 days after the date of contention will not be permitted to Development, LLC plans to complete publication of this notice, any persons participate as a party. the construction of Bellefonte Nuclear (petitioner) whose interest may be Those permitted to intervene become Plant, Units 1 and 2. affected by this action may file a request parties to the proceeding, subject to any The NRC’s regulations at 10 CFR for a hearing and petition for leave to limitations in the order granting leave to 50.80 state that no license, or any right intervene (petition) with respect to the intervene. Parties have the opportunity thereunder, shall be transferred, directly action. Petitions shall be filed in to participate fully in the conduct of the or indirectly, through transfer of control accordance with the Commission’s hearing with respect to resolution of of the license, unless the Commission ‘‘Agency Rules of Practice and that party’s admitted contentions, gives its consent in writing. The Procedure’’ in 10 CFR part 2. Interested including the opportunity to present Commission will approve an persons should consult a current copy evidence, consistent with the NRC’s application for the direct transfer of a of 10 CFR 2.309. The NRC’s regulations regulations, policies, and procedures. license if the Commission determines are accessible electronically from the Petitions must be filed no later than that the proposed transferee is qualified NRC Library on the NRC’s website at 20 days from the date of publication of to hold the license, and that the transfer https://www.nrc.gov/reading-rm/doc- this notice. Petitions and motions for is otherwise consistent with applicable collections/cfr/. Alternatively, a copy of leave to file new or amended provisions of law, regulations, and the regulations is available at the NRC’s contentions that are filed after the orders issued by the Commission. Public Document Room, located at One deadline will not be entertained absent Before issuance of the proposed White Flint North, Room O1–F21, 11555 a determination by the presiding officer conforming license amendment, the Rockville Pike (first floor), Rockville, that the filing demonstrates good cause Commission will have made findings Maryland 20852. If a petition is filed, by satisfying the three factors in 10 CFR required by the Atomic Energy Act of the Commission or a presiding officer 2.309(c)(1)(i) through (iii). The petition 1954, as amended (the Act), and the will rule on the petition and, if must be filed in accordance with the Commission’s regulations. The appropriate, a notice of a hearing will be filing instructions in the ‘‘Electronic Commission may require any person issued. Submissions (E-Filing)’’ section of this who submits an application for license As required by 10 CFR 2.309(d) the document. pursuant to 10 CFR 50.80 to file a petition should specifically explain the A State, local governmental body, written consent from the existing reasons why intervention should be Federally-recognized Indian Tribe, or licensee or a certified copy of an order permitted with particular reference to agency thereof, may submit a petition to

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the Commission to participate as a party days prior to the filing deadline, the submittals.html, by email to under 10 CFR 2.309(h)(1). The petition participant should contact the Office of [email protected], or by a toll- should state the nature and extent of the the Secretary by email at free call at 1–866–672–7640. The NRC petitioner’s interest in the proceeding. [email protected], or by telephone Electronic Filing Help Desk is available The petition should be submitted to the at 301–415–1677, to (1) request a digital between 9 a.m. and 6 p.m., Eastern Commission no later than 20 days from identification (ID) certificate, which Time, Monday through Friday, the date of publication of this notice. allows the participant (or its counsel or excluding government holidays. The petition must be filed in accordance representative) to digitally sign Participants who believe that they with the filing instructions in the submissions and access the E-Filing have a good cause for not submitting ‘‘Electronic Submissions (E-Filing)’’ system for any proceeding in which it documents electronically must file an section of this document, and should is participating; and (2) advise the exemption request, in accordance with meet the requirements for petitions set Secretary that the participant will be 10 CFR 2.302(g), with their initial paper forth in this section. Alternatively, a submitting a petition or other filing stating why there is good cause for State, local governmental body, adjudicatory document (even in not filing electronically and requesting Federally-recognized Indian Tribe, or instances in which the participant, or its authorization to continue to submit agency thereof may participate as a non- counsel or representative, already holds documents in paper format. Such filings party under 10 CFR 2.315(c). an NRC-issued digital ID certificate). must be submitted by: (1) First class If a hearing is granted, any person Based upon this information, the mail addressed to the Office of the who is not a party to the proceeding and Secretary will establish an electronic Secretary of the Commission, U.S. is not affiliated with or represented by docket for the hearing in this proceeding Nuclear Regulatory Commission, a party may, at the discretion of the if the Secretary has not already Washington, DC 20555–0001, Attention: presiding officer, be permitted to make established an electronic docket. Rulemaking and Adjudications Staff; or a limited appearance pursuant to the Information about applying for a (2) courier, express mail, or expedited provisions of 10 CFR 2.315(a). A person digital ID certificate is available on the delivery service to the Office of the making a limited appearance may make NRC’s public website at https:// Secretary, 11555 Rockville Pike, an oral or written statement of his or her www.nrc.gov/site-help/e-submittals/ Rockville, Maryland 20852, Attention: position on the issues but may not getting-started.html. Once a participant Rulemaking and Adjudications Staff. otherwise participate in the proceeding. has obtained a digital ID certificate and Participants filing adjudicatory A limited appearance may be made at a docket has been created, the documents in this manner are any session of the hearing or at any participant can then submit responsible for serving the document on prehearing conference, subject to the adjudicatory documents. Submissions all other participants. Filing is limits and conditions as may be must be in Portable Document Format considered complete by first-class mail imposed by the presiding officer. Details (PDF). Additional guidance on PDF as of the time of deposit in the mail, or regarding the opportunity to make a submissions is available on the NRC’s by courier, express mail, or expedited limited appearance will be provided by public website at https://www.nrc.gov/ delivery service upon depositing the the presiding officer if such sessions are site-help/electronic-sub-ref-mat.html. A document with the provider of the scheduled. filing is considered complete at the time service. A presiding officer, having the document is submitted through the granted an exemption request from V. Electronic Submissions (E-Filing) NRC’s E-Filing system. To be timely, an using E-Filing, may require a participant All documents filed in NRC electronic filing must be submitted to or party to use E-Filing if the presiding adjudicatory proceedings, including a the E-Filing system no later than 11:59 officer subsequently determines that the request for hearing and petition for p.m. Eastern Time on the due date. reason for granting the exemption from leave to intervene (petition), any motion Upon receipt of a transmission, the E- use of E-Filing no longer exists. or other document filed in the Filing system time-stamps the document Documents submitted in adjudicatory proceeding prior to the submission of a and sends the submitter an email notice proceedings will appear in the NRC’s request for hearing or petition to confirming receipt of the document. The electronic hearing docket which is intervene, and documents filed by E-Filing system also distributes an email available to the public at https:// interested governmental entities that notice that provides access to the adams.nrc.gov/ehd, unless excluded request to participate under 10 CFR document to the NRC’s Office of the pursuant to an order of the Commission 2.315(c), must be filed in accordance General Counsel and any others who or the presiding officer. If you do not with the NRC’s E-Filing rule (72 FR have advised the Office of the Secretary have an NRC-issued digital ID certificate 49139; August 28, 2007, as amended at that they wish to participate in the as described above, click ‘‘cancel’’ when 77 FR 46562; August 3, 2012). The E- proceeding, so that the filer need not the link requests certificates and you Filing process requires participants to serve the document on those will be automatically directed to the submit and serve all adjudicatory participants separately. Therefore, NRC’s electronic hearing dockets where documents over the internet, or in some applicants and other participants (or you will be able to access any publicly cases to mail copies on electronic their counsel or representative) must available documents in a particular storage media. Detailed guidance on apply for and receive a digital ID hearing docket. Participants are making electronic submissions may be certificate before adjudicatory requested not to include personal found in the Guidance for Electronic documents are filed so that they can privacy information, such as social Submissions to the NRC and on the NRC obtain access to the documents via the security numbers, home addresses, or website at https://www.nrc.gov/site- E-Filing system. personal phone numbers in their filings, help/e-submittals.html. Participants A person filing electronically using unless an NRC regulation or other law may not submit paper copies of their the NRC’s adjudicatory E-Filing system requires submission of such filings unless they seek an exemption in may seek assistance by contacting the information. For example, in some accordance with the procedures NRC’s Electronic Filing Help Desk instances, individuals provide home described below. through the ‘‘Contact Us’’ link located addresses in order to demonstrate To comply with the procedural on the NRC’s public website at https:// proximity to a facility or site. With requirements of E-Filing, at least 10 www.nrc.gov/site-help/e- respect to copyrighted works, except for

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limited excerpts that serve the purpose (OMB) to renew a previously-approved history. The burden on the respondent of the adjudicatory filings and would information collection, Questionnaire is reduced when the respondent’s constitute a Fair Use application, for National Security Positions, personal history is not relevant to participants are requested not to include Standard Form 86 (SF 86). particular question, since the question copyrighted materials in their DATES: Comments are encouraged and branches, or expands for additional submission. will be accepted until December 23, details, only for those persons who have The Commission will issue a notice or 2019. pertinent information to provide order granting or denying a hearing ADDRESSES: Interested persons are regarding that line of questioning. request or intervention petition, invited to submit written comments on Accordingly, the burden on the designating the issues for any hearing the proposed information collection to respondent will vary depending on that will be held and designating the the Office of Information and Regulatory whether the information collection Presiding Officer. A notice granting a Affairs, Office of Management Budget by relates to the respondent’s personal hearing will be published in the Federal the following method: http:// history. Register and served on the parties to the www.regulations.gov. Follow the OPM recommends renewal of the hearing. instructions for submitting comments. form without any proposed changes, For further details with respect to this All submissions received must include except to underlying authorities, which application, see the application dated the agency name and docket number for have been revised in the period since November 13, 2019, as supplemented on this document. The general policy for the last renewal, and the Privacy Act August 28, 2019. comments and other submissions from Information Statement, to acknowledge VI. Access to Sensitive Unclassified member of the public is to make these the transfer of background Non-Safeguards Information for submissions available for public investigations files from OPM to DoD. Contention Preparation viewing at http://www.regulations.gov No other changes are recommended at as they are received without change, this time. Ongoing assessments will Any person who desires access to occur to ensure the SF 86 reflects and proprietary, confidential commercial including any personal identifiers or contact information. collects pertinent information for the information that has been redacted from investigative process and aligns with FOR FURTHER INFORMATION CONTACT: A the application should contact the governing policies, rules, and applicant by telephoning William R. copy of this information collection, with applicable supporting documentation, regulations requiring use of this form. McCollum, 1–828–686–1621, for the The 60 day Federal Register Notice may be obtained by contacting purpose of negotiating a confidentiality was published on June 12, 2019 (84 FR Suitability Executive Agent Programs, agreement or a proposed protective 27372). No comments were received. order with the applicant. If no U.S. Office of Personnel Management, agreement can be reached, persons who 1900 E Street NW, Washington, DC Analysis desire access to this information may 20415, Attention: Lisa Loss or by Agency: Office of Personnel file a motion with the Secretary and electronic mail at [email protected]. Management, Suitability Executive addressed to the Commission that SUPPLEMENTARY INFORMATION: This Agent Programs. requests the issuance of a protective notice announces that OPM has Title: Questionnaire for National order. submitted to OMB a request for renewal Security Positions, Standard Form 86 of a previously-approved information (SF 86). Dated at Rockville, Maryland, this 18th day collection, control number 3206–0005, of November, 2019. OMB Number: 3206–0005. Questionnaire for National Security Affected Public: Individuals. For the Nuclear Regulatory Commission. Positions, Standard Form 86 (SF 86). Number of Respondents: 470,124. Omid Tabatabai-Yazdi, The public has an additional 30-day Estimated Time per Respondent: 150 Sr. Project Manager, New Reactor Licensing opportunity to comment. minutes. Branch, Division of New and Renewed The Questionnaire for National Total Burden Hours: 1,175,310. License, Office of Nuclear Reactor Regulation. Security Positions, Standard Form 86 Office of Personnel Management. [FR Doc. 2019–25248 Filed 11–20–19; 8:45 am] (SF 86) is completed by civilian Alexys Stanley, BILLING CODE 7590–01–P employees of the Federal Government, Regulatory Affairs Analyst. military personnel, and non-federal employees, including employees of [FR Doc. 2019–25188 Filed 11–20–19; 8:45 am] OFFICE OF PERSONNEL general contractors and individuals BILLING CODE 6325–38–P MANAGEMENT otherwise not directly employed by the Federal Government but who perform Notice of Submission for Renewal of a work for or on behalf of the Federal POSTAL SERVICE Previously Approved Information Government. For applicants for civilian Product Change—Priority Mail Collection: Questionnaire for National Federal employment, the SF 86 is to be Negotiated Service Agreement Security Positions, Standard Form 86 used only after a conditional offer of (SF 86) employment has been made. The AGENCY: Postal ServiceTM. AGENCY: Office of Personnel Electronic Questionnaires for ACTION: Notice. Management. Investigations Processing (e-QIP) is a SUMMARY: The Postal Service gives ACTION: 30-Day notice and request for web-based system application that notice of filing a request with the Postal comments. houses the SF 86. A variable in assessing burden hours is the nature of Regulatory Commission to add a SUMMARY: The Office of Personnel the electronic application. The domestic shipping services contract to Management (OPM), Suitability electronic application includes the list of Negotiated Service Executive Agent Programs, is notifying branching questions and instructions Agreements in the Mail Classification the general public and other federal which provide for a tailored collection Schedule’s Competitive Products List. agencies that OPM proposes to request from the respondent based on varying DATES: Date of required notice: the Office of Management and Budget factors in the respondent’s personal November 21, 2019.

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FOR FURTHER INFORMATION CONTACT: II. Self-Regulatory Organization’s which was approved in a separate Sean Robinson, 202–268–8405. Statement of the Purpose of, and proposed rule change.6 Rule 1.1E(y) SUPPLEMENTARY INFORMATION: The Statutory Basis for, the Proposed Rule defines the Delay Mechanism to mean a United States Postal Service® hereby Change delay that is 350 microseconds of gives notice that, pursuant to 39 U.S.C. In its filing with the Commission, the latency that is added to specified order 3642 and 3632(b)(3), on November 15, self-regulatory organization included processing. That rule further provides 2019, it filed with the Postal Regulatory statements concerning the purpose of, that due to force majeure events and Commission a USPS Request to Add and basis for, the proposed rule change acts of third parties, the Exchange does Priority Mail Contract 561 to and discussed any comments it received not guarantee that the delay will always Competitive Product List. Documents on the proposed rule change. The text be 350 microseconds. Finally, that Rule are available at www.prc.gov, Docket of those statements may be examined at provides that the Exchange will Nos. MC2020–28, CP2020–26. the places specified in Item IV below. periodically monitor such latency, and The Exchange has prepared summaries, will make adjustments to the latency as Sean Robinson, reasonably necessary to achieve Attorney, Corporate and Postal Business Law. set forth in sections A, B, and C below, of the most significant parts of such consistency with the 350 microsecond [FR Doc. 2019–25185 Filed 11–20–19; 8:45 am] statements. target as soon as commercially BILLING CODE 7710–12–P practicable and that if the Exchange A. Self-Regulatory Organization’s determines to increase or decrease the Statement of the Purpose of, and delay period, it will submit a rule filing SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule pursuant to Section 19 of the Act. COMMISSION Change Rule 7.29E(b)(1) provides that the [Release No. 34–87550; File No. SR– 1. Purpose Exchange will apply the Delay NYSEAMER–2019–48] Mechanism to: The Exchange proposes to (A) All inbound communications Self-Regulatory Organizations; NYSE decommission its Delay Mechanism and from an ETP Holder to the NYSE American LLC; Notice of Filing and re-introduce orders and modifiers that American Marketplace; Immediate Effectiveness of Proposed were eliminated in connection with (B) all outbound communications to Rule Change To Amend Exchange launching the Delay Mechanism. To an ETP Holder from the NYSE American Rules 1.1E and 7.29E To Eliminate the effect these changes, the Exchange Marketplace; Delay Mechanism and Amend proposes to amend Rules 1.1E and 7.29E (C) all outbound communications the Exchange Rule 7.31E and Related to eliminate the Delay Mechanism and NYSE American Marketplace routes to Exchange Rules To Re-Introduce amend Rule 7.31E and related rules to an Away Market; Previously-Approved Order Types and re-introduce previously-approved order (D) all inbound communications from Modifiers types and modifiers. an Away Market about a routed order; Background and November 15, 2019. (E) all outbound communications 1 Pursuant to Section 19(b)(1) of the In 2017, the Exchange transitioned to (e.g., bids, offers, and trades) to the Securities Exchange Act of 1934 trading on the Pillar trading platform. In Exchange’s proprietary data feeds. (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 advance of that transition, the Exchange Rule 7.29E(b)(2) provides that the notice is hereby given that on November amended its rules to transition from a Exchange will not apply the Delay 4, 2019, NYSE American LLC (‘‘NYSE Floor-based point-of-sale trading model Mechanism to: American’’ or ‘‘Exchange’’) filed with to a fully automated price-time priority (A) All inbound communications 4 the Securities and Exchange allocation model. In the Pillar Filing, from data feeds; Commission (‘‘Commission’’) the the Exchange added Rule 7.31E, which (B) order processing and order proposed rule change as described in describes the order types and modifiers execution on the Exchange’s Book; and Items I and II below, which Items have that would be available on the Exchange (C) all outbound communications been prepared by the self-regulatory once it transitioned to Pillar, and which (e.g., bids, offers, and trades) to the organization. The Commission is was based on NYSE Arca, Inc. (‘‘NYSE single plan processors under Rules 601 publishing this notice to solicit Arca’’) Rule 7.31–E. Among the orders and 602 of Regulation NMS. comments on the proposed rule change and modifiers that were approved in the In the Delay Mechanism Filing, the from interested persons. Pillar Filing were ALO Orders, Exchange noted that in conjunction Intermarket Sweep Orders designated with implementing the Delay I. Self-Regulatory Organization’s Day (‘‘Day ISO’’), Non-Display Remove Statement of the Terms of Substance of Mechanism, the Exchange would no Modifiers, and MPL–ALO Orders.5 the Proposed Rule Change longer offer ALO Orders or Day ISO In connection with the transition to functionality.7 Accordingly, before The Exchange proposes to amend the Pillar trading platform, the Exchange transitioning to Pillar, the Exchange Rules 1.1E and 7.29E to eliminate the introduced the Delay Mechanism, filed a separate proposed rule change to Delay Mechanism and amend Rule eliminate ALO Orders and Day ISOs and 7.31E and related rules to re-introduce 4 See Securities Exchange Act Release Nos. 79993 related functionality.8 To effect the previously-approved order types and (February 9, 2017), 82 FR 10814 (February 15, 2017) modifiers. The proposed rule change is (SR–NYSEMKT–2017–01) (‘‘Pillar Filing’’) and 80590 (May 4, 2017), 82 FR 21843 (May 10, 2017) 6 See Securities Exchange Act Release No. 79998 available on the Exchange’s website at (SR–NYSEMKT–2017–01) (Approval Order). The (February 9, 2017), 82 FR 10828 (February 15, 2017) www.nyse.com, at the principal office of Exchange separately filed to establish the rules (SR–NYSEMKT–2017–05) (‘‘Delay Mechanism the Exchange, and at the Commission’s governing market makers on the Exchange. See Filing’’) and 80700 (May 16, 2017), 82 FR 23381 Public Reference Room. Securities Exchange Act Release No. 80577 (May 2, (May 22, 2017) (SR–NYSEMKT–2017–05) 2017), 82 FR 21446 (May 8, 2017) (SR–NYSEMKT– (Approval Order). 2017–04) (Approval Order). 7 See Delay Mechanism Filing, supra note 6. 1 15 U.S.C. 78s(b)(1). 5 See Pillar Filing, id. (Rules 7.31E(e)(2), 8 See Securities Exchange Act Release No. 81115 2 15 U.S.C. 78a. 7.31E(e)(3)(D), 7.31E(e)(2)(B)(iv)(b), 7.31E(3)(F), (July 11, 2017), 82 FR 32745 (July 17, 2017) (SR– 3 17 CFR 240.19b–4. 7.31E(d)(3)(G)). Continued

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elimination of ALO Orders, the • Deleted Rules 7.31E(e)(3)(C) and Mechanism was designed to provide a Exchange made the following changes to (D), which described Day ISO and Day competitive trading model to those ETP the rules that were approved in the ISO ALO Orders. The Exchange also Holders and issuers that prefer to trade Pillar Filing: amended Rule 7.31E(e)(3) to provide or list on an exchange that offers an • Deleted Rule 7.31E(e)(2) and its that an ISO must be designated IOC and intentional, symmetrical delay. subparagraphs, which described ALO deleted the specific reference to ‘‘IOC The Exchange has now been operating Orders, and replaced that section of the ISO’’ in Rule 7.31E(e)(3)(B). Rule with the term ‘‘Reserved.’’ • Amended Rules 7.11E(a)(5)(A) and with the Delay Mechanism for over two • Deleted Rule 7.31E(d)(2)(B), which 7.11E(a)(5)(A)(ii) to delete references to years. However, we have not had any provided that Limit Non-Display Orders ‘‘Day ISO’’ and make related conforming issuers interested in listing because of may be designated with a Non-Display changes. the Delay Mechanism. Additionally, Remove Modifier. • Amended Rule 7.31E(a)(2)(C) to market participants have not increased • Deleted the last sentence of Rule delete the last two sentences, which their trading volume on the Exchange as 7.31E(d)(3)(E) and Rules 7.31E(d)(3)(F) described how Limit Orders are repriced a result of adding the Delay Mechanism. and (G), which described MPL–ALO upon arrival of a Day ISO. For example, since introducing the Orders and related Non-Display Remove • Amended Rule 7.35E(h)(3)(C) to Delay Mechanism, market share on the Modifier functionality. delete the last sentence, which • Exchange has not materially changed, Deleted Rule 7.31E(e)(1)(C), which described how Day ISOs are processed and some market quality measures have provided that an MKT Only Order may when transitioning to continuous declined. Specifically, when comparing be designated with a Non-Display trading. monthly statistics for Exchange-listed Remove Modifier. • Deleted current Rule securities for the first six months of • Amended Rule 7.31E(j)(1) to delete 7.46E(f)(5)(F)(i)(a), which relates to Day the reference to ‘‘ALO Order.’’ ISO Orders, and the designation of trading on the Exchange in 2017 (pre- • Amended Rules 7.46E(f)(5)(F)(ii) subparagraph (b). The text of then- Delay Mechanism) with trading on the and (iii) to delete references to ALO approved Rule 7.46E(f)(5)(F)(i)(b) Exchange for the period July 2017 Orders. became the last sentence of through September 2019 (post-Delay To effect the changes described in the 7.46E(f)(5)(F)(i). Mechanism), the Exchange has observed Delay Mechanism Filing to eliminate the following changes in market Day ISO Orders, the Exchange made the Proposed Amendments performance. following changes to the rules that were In the Delay Mechanism Filing, the approved in the Pillar Filing: Exchange noted that the Delay

Pre-delay Post-delay mechanism mechanism

NYSE American’s Average Quoted Spread (bps) ...... 208.2 292.4 NYSE American’s Average Quoted Shares at the BBO ...... 2,762 1,197 NYSE American’s Average Quoted Notional at the BBO ...... $13,342 $9,549 NYSE American’s % of trading day quoting at the NBBO ...... 71.3% 68.4% NYSE American’s Market Share ...... 12.1% 11.5% Consolidated Average Daily Volume ...... 123,906,053 113,831,729

The Exchange believes that if market support ALO and related functionality, • Amend Rule 7.31E(d)(3) relating to participants were interested in trading as follows: MPL Orders to re-introduce MPL–ALO on an exchange with an intentional, • Amend Rule 7.31E(e)(2) to delete Orders and the Non-Display Remove symmetrical delay, more order flow the term ‘‘Reserved’’ and add back the Modifier. Since the Pillar Filing, Rule would have been directed to the rule text that describes ALO Orders, as 7.31E(d)(3) has been amended, which resulted in changes to sub-numbering.9 Exchange. But it simply has not. approved in the Pillar Filing. The With respect to the Non-Display The Exchange therefore proposes to Exchange proposes a non-substantive Remove Modifier, the Exchange eliminate the Delay Mechanism. To difference from the version of the rule proposes to re-introduce rule text effect this change, the Exchange approved in the Pillar Filing to use the previously approved in the Pillar Filing proposes to delete the definition of term ‘‘Non-Routable Limit Order’’ as Rule 7.31E(d)(3)(G) with a non- ‘‘Delay Mechanism’’ in Rule 1.1E(y) and instead of ‘‘MKT-Only Order.’’ substantive difference that it would be delete Rule 7.29E(b), which are the rules • Amend Rule 7.31E(d)(2) to add back numbered Rule 7.31E(d)(3)(F). The that were added in the Delay sub-paragraph (B), as approved in the Exchange also proposes to re-introduce Mechanism Filing to establish the Delay Pillar Filing, which would provide that a new last sentence to Rule Mechanism. Non-Displayed Limit Orders may be 7.31E(d)(3)(D), which was previously The Exchange also proposes to re- designated with a Non-Display Remove approved in the Pillar Filing as the last introduce previously-approved order Modifier. The Exchange proposes a non- sentence of Rule 7.31E(d)(3)(E). types and modifiers that were deleted in substantive difference from the version With respect to MPL–ALO Orders, as anticipation of launching the Delay of the rule approved in the Pillar Filing noted in the Pillar Filing, at that time, Mechanism, with specified differences to use the term ‘‘Non-Displayed Limit Rule 7.31E(d)(3) was based on NYSE described below. Specifically, the Order’’ instead of ‘‘Limit Non-Display Arca Rule 7.31–E(d)(3) without any Exchange proposes to add back rules to Order.’’ substantive differences. Since approval

NYSEMKT–2017–38) (Notice of Filing and 9 See Securities Exchange Act Release No. 85144 and Immediate Effectiveness of Proposed Rule Immediate Effectiveness of Proposed Rule Change). (September 21, 2017), 82 FR 45099 (September 27, Change) (‘‘Pillar ALO/Day ISO Filing’’). 2017) (SR–NYSEAmer-2017–17) (Notice of Filing

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of the Pillar Filing, NYSE Arca has The Exchange also proposes to add Modifiers, and MPL–ALOs, the amended Rule 7.31–E(d)(3) relating to back rules to support Day ISO, as Exchange will operate on a fully- MPL–ALO Orders.10 The Exchange follows: automated price-time priority trading proposes that when re-introducing • Amend Rule 7.31E(e)(3) to add back model that is substantially identical to MPL–ALO Orders on the Exchange, subparagraphs (C) and (D), as approved the trading models of its affiliated Rule 7.31E(d)(3) would be amended to in the Pillar Filing, which describe Day exchanges NYSE Arca and NYSE add new sub-paragraph (E) to reflect the ISO and Day ISO ALO Orders. The National. The Exchange is not proposing changes described in the Arca MPL Exchange proposes non-substantive to change its transaction fees for trading Filing; the Exchange will not re- differences from the version of the rule on the Exchange. The Exchange introduce the text that was approved in approved in the Pillar Filing to use the currently charges a flat fee for orders the Pillar Filing as Rule 7.31E(d)(3)(F). terms ‘‘Non-Routable Limit Order’’ that provide or remove liquidity, As proposed, Rule 7.31E(d)(3)(E) instead of ‘‘MKT-Only Order’’ and provided that it does not charge for would provide that an MPL Order may ‘‘Non-Displayed Limit Order’’ instead of orders that provide displayed be designated with an ALO Modifier, ‘‘Limit Non-Displayed Order.’’ liquidity.13 This pricing model differs • which would be defined as an MPL– Amend Rule 7.31E(e)(3) to delete from the pricing model on NYSE Arca, ALO Order. The proposed rule would the requirement that an ISO must be which uses a maker-taker model, and further provide that an MPL–ALO Order designated IOC and amend Rule NYSE National, which uses a taker- to buy (sell) will trade with resting 7.31E(e)(3)(B) to add back the term ‘‘IOC maker model. ISO,’’ both of which were approved in orders to sell (buy) with a working price * * * * * below (above) the midpoint of the PBBO the Pillar Filing. Because of the technology changes at the working price of the resting • Amend Rules 7.11E(a)(5)(A) and associated with this proposed rule orders, but will not trade with resting 7.11E(a)(5)(A)(ii) to add back references change, the Exchange will announce the orders to sell (buy) priced at the to ‘‘Day ISO’’ and make related implementation date of this proposed midpoint of the PBBO unless such conforming changes, as approved in the rule change by Trader Update. The resting order is designated with a Non- Pillar Filing. Exchange anticipates that the Display Remove Modifier pursuant to • Amend Rule 7.31E(a)(2)(C) to add implementation date will be in Rule 7.31E(d)(3)(F). Finally, the Rule back rule text describing when Limit November 2019. would provide that if an MPL–ALO Orders would be repriced under this Order to buy (sell) cannot trade with a provision. The Exchange proposes that 2. Statutory Basis same-priced resting order to sell (buy), the text that would be added to this The proposed rule change is a subsequently arriving order to sell Rule would be based on the rules of consistent with Section 6(b) of the (buy) eligible to trade at the midpoint NYSE Arca, NYSE, NYSE National, and Act,14 in general, and furthers the will trade ahead of a resting order to sell NYSE Chicago, which were amended/ objectives of Section 6(b)(5),15 in (buy) that is not displayed at that price. adopted after the Pillar Filing, without 11 particular, because it is designed to If such resting order to sell (buy) is any differences. As proposed, the text prevent fraudulent and manipulative displayed, the MPL–ALO Order to buy that would be added to this rule would acts and practices, to promote just and (sell) will not be eligible to trade at that provide that if a Day ISO to buy (sell) equitable principles of trade, to foster price. As noted above, this proposed arrives before the PBO (PBB) is updated, cooperation and coordination with rule text is based on NYSE Arca Rule such re-priced Limit Order(s) to buy 7.31–E(d)(3)(E), NYSE National Rule (sell) would be repriced to the lower persons engaged in facilitating 7.31(d)(3)(E), and NYSE Chicago Rule (higher) of the display price of the Day transactions in securities, to remove 7.31(d)(3)(E) without any differences. ISO or the original price of the Limit impediments to, and perfect the • Amend Rule 7.31E(e)(1) to add back Order(s). mechanism of, a free and open market sub-paragraph (C), as approved in the • Amend Rule 7.35E(h)(3) to add back and a national market system and, in Pillar Filing, which would provide that the last sentence under subparagraph general, to protect investors and the a Non-Routable Limit Order may be (C) of that Rule that was approved in the public interest. designated with a Non-Display Remove Pillar Filing, which describes how Day The Exchange believes that Modifier. The Exchange proposes a non- ISOs are processed when transitioning eliminating the Delay Mechanism by substantive difference from the version to continuous trading. The Exchange deleting Rules 1.1E(y) and 7.29E(b) of the rule approved in the Pillar Filing proposes a non-substantive difference to would remove impediments to and to use the term ‘‘Non-Routable Limit include this sentence under new perfect the mechanism of a free and Order’’ instead of ‘‘MKT-Only Order.’’ subparagraph (D) to Rule 7.35E(h)(3).12 open market and a national market • Amend Rule 7.31E(j)(1) to add back At this time, the Exchange does not system because the reasons for the reference to ‘‘ALO Order,’’ as propose to revert any of the other establishing the Delay Mechanism no approved in the Pillar Filing. changes made in the Pillar ALO/Day longer exist. Specifically, the Delay ISO Filing. Specifically, the Exchange Mechanism was designed to provide a 10 See Securities Exchange Act Release No. 82504 does not propose any changes to Pegged competitive trading model for those ETP (January 16, 2018), 83 FR 3038 (January 22, 2018) Orders and does not propose to amend Holders and issuers that prefer to trade (SR–NYSEArca-2018–01) (Notice of Filing and or list on an exchange that offers such Immediate Effectiveness of Proposed Rule Change) Rule 7.46 relating to the Tick Size Pilot, (‘‘Arca MPL Filing’’). The rules of the Exchange’s which is no longer operative. a delay. affiliates—New York Stock Exchange LLC With the elimination of the Delay Following two years of operating an (‘‘NYSE’’), NYSE National, Inc. (‘‘NYSE National’’), Mechanism and re-introduction of ALO exchange with the Delay Mechanism, and most recently approved, NYSE Chicago, Inc. Orders, Day ISO, Non-Display Remove the Exchange believes market (‘‘NYSE Chicago’’)—that describe MPL–ALO Orders and related Non-Display Remove Modifier are similarly based on the NYSE Arca rule, as amended 11 See, e.g., Securities Exchange Act Release No. 13 See NYSE American Equities Fee Schedule, in the Arca MPL Filing. See NYSE Rule 85265 (March 7, 2019), 84 FR 9175 (March 13, available here: https://www.nyse.com/publicdocs/ _ _ 7.31(d)(3)(E) (except does not include reference to 2019) (SR–NYSEArca–2019–08). See also NYSE nyse/markets/nyse-american/NYSE America _ _ a Non-Display Remove Modifier, which is not Rule 7.31(a)(2)(C), NYSE National Rule Equities Price List.pdf. currently available on NYSE); NYSE National Rule 7.31(a)(2)(C), and NYSE Chicago Rule 7.31(a)(2)(C). 14 15 U.S.C. 78f(b). 7.31(d)(3)(E); and NYSE Chicago Rule 7.31(d)(3)(E). 12 See NYSE Arca Rule 7.35–E(h)(3)(D). 15 15 U.S.C. 78f(b)(5).

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participants are not interested in this its affiliated exchanges that offer similar time if such action is consistent with the trading model. The Exchange believes trading functionality. With the protection of investors and the public that if market participants were decommissioning of the Delay interest. The Exchange has asked the interested in trading on an exchange Mechanism and re-introduction of order Commission to waive the 30-day with an intentional, symmetrical delay, types and modifiers, the Exchange does operative delay so that the proposal may more order flow would have been not propose to change its transaction fee become operative immediately upon directed to the Exchange. But it simply model, and therefore would be filing. The Exchange has represented has not. Accordingly, the Exchange differentiated from NYSE Arca and that the existing delay mechanism has believes that decommissioning the NYSE National because it charges a flat not attracted new issuers or additional Delay Mechanism would be consistent fee for all orders, regardless of whether trading volume to the Exchange, and with the protection of investors and the an order provides or removes liquidity that re-introducing previously approved public interest, as they have not chosen (except for orders that provide order types would allow the Exchange to use this trading model. displayed liquidity, which are not to have similar trading functionality In addition, comparison of numerous charged at all). Accordingly, the with other exchanges. The Commission market quality metrics for Exchange- Exchange believes that the proposed believes that waiver of the 30-day listed securities between the Pre-Delay rule change would promote competition operative delay period is consistent Mechanism and Post-Delay Mechanism by providing greater optionality to ETP with the protection of investors and the periods indicate that the Delay Holders that are interested in using the public interest and hereby waives the Mechanism resulted in a degradation of re-introduced order types on an 30-day operative delay and designates the Exchange’s displayed liquidity. exchange that offers a flat-fee pricing the proposed rule change operative Eliminating the Delay Mechanism is model. upon filing.21 expected to reverse this trend. At any time within 60 days of the The Exchange believes that the C. Self-Regulatory Organization’s filing of such proposed rule change, the proposed re-introduction of ALO Statement on Comments on the Commission summarily may Orders, Day ISO, Non-Display Remove Proposed Rule Change Received From temporarily suspend such rule change if Modifiers, and MPL–ALO Orders would Members, Participants, or Others it appears to the Commission that such remove impediments to and perfect the No written comments were solicited action is necessary or appropriate in the mechanism of a free and open market or received with respect to the proposed public interest, for the protection of and a national market system because rule change. investors, or otherwise in furtherance of the Exchange is proposing rules that III. Date of Effectiveness of the the purposes of the Act. If the either have already been approved in Proposed Rule Change and Timing for Commission takes such action, the the Pillar Filing, or are based on the Commission Action Commission shall institute proceedings rules of NYSE Arca, NYSE, NYSE under Section 19(b)(2)(B) 22 of the Act to National, and NYSE Chicago. The Exchange has filed the proposed determine whether the proposed rule Accordingly, the Exchange is not rule change pursuant to Section change should be approved or proposing new or novel order types, but 19(b)(3)(A) of the Act 16 and Rule 19b– disapproved. rather, will make available on the 4(f)(6) thereunder.17 Because the Exchange order types and modifiers that proposed rule change does not: (i) IV. Solicitation of Comments are already available on affiliated Significantly affect the protection of Interested persons are invited to exchanges. investors or the public interest; (ii) submit written data, views, and impose any significant burden on arguments concerning the foregoing, B. Self-Regulatory Organization’s competition; and (iii) become operative including whether the proposed rule Statement on Burden on Competition prior to 30 days from the date on which change is consistent with the Act. The Exchange does not believe that it was filed, or such shorter time as the Comments may be submitted by any of the proposed rule change will impose Commission may designate, if the following methods: any burden on competition that is not consistent with the protection of Electronic Comments necessary or appropriate in furtherance investors and the public interest, the of the purposes of the Act. The proposed rule change has become • Use the Commission’s internet Exchange anticipated that the Delay effective pursuant to Section 19(b)(3)(A) comment form (http://www.sec.gov/ Mechanism would provide a of the Act and Rule 19b–4(f)(6)(iii) rules/sro.shtml); or • competitive trading model for those ETP thereunder.18 Send an email to rule-comments@ Holders and issuers that prefer to trade A proposed rule change filed under sec.gov. Please include File Number SR– or list on an exchange that offers an Rule 19b–4(f)(6) 19 normally does not NYSEAMER–2019–48 on the subject intentional, symmetrical delay. become operative prior to 30 days after line. Following two years of operating an the date of the filing. However, pursuant Paper Comments 20 exchange with the Delay Mechanism, to Rule 19b–4(f)(6)(iii), the • the Exchange believes that market Commission may designate a shorter Send paper comments in triplicate participants are not interested in this to Secretary, Securities and Exchange Commission, 100 F Street NE, trading model. Accordingly, the 16 15 U.S.C. 78s(b)(3)(A). Exchange does not believe that 17 17 CFR 240.19b–4(f)(6). Washington, DC 20549–1090. eliminating the Delay Mechanism 18 In addition, Rule 19b–4(f)(6) requires the All submissions should refer to File would impose any burden on Exchange to give the Commission written notice of Number SR–NYSEAMER–2019–48. This the Exchange’s intent to file the proposed rule file number should be included on the competition. change, along with a brief description and text of The Exchange further believes that re- the proposed rule change, at least five business days subject line if email is used. To help the introducing ALO Orders, Day ISO, Non- prior to the date of filing of the proposed rule Display Remove Modifiers, and MPL– change, or such shorter time as designated by the 21 For purposes only of waiving the 30-day Commission. The Exchange has satisfied this operative delay, the Commission has considered the ALO Orders would promote requirement. proposed rule’s impact on efficiency, competition, competition by offering ETP Holders 19 17 CFR 240.19b–4(f)(6). and capital formation. See 15 U.S.C. 78c(f). greater choice among the Exchange and 20 17 CFR 240.19b–4(f)(6)(iii). 22 15 U.S.C. 78s(b)(2)(B).

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Commission process and review your Exchange LLC (‘‘NYSE’’ or the Limit Orders 4 and to existing DMMs to comments more efficiently, please use ‘‘Exchange’’) filed with the Securities increase their quoting at the National only one method. The Commission will and Exchange Commission (the Best Bid or Offer (‘‘NBBO’’) in their post all comments on the Commission’s ‘‘Commission’’) the proposed rule assigned More Active Securities and internet website (http://www.sec.gov/ change as described in Items I, II, and Less Active Securities.5 rules/sro.shtml). Copies of the III below, which Items have been The Exchange proposes to implement submission, all subsequent prepared by the self-regulatory the fee change effective November 1, amendments, all written statements organization. The Commission is 2019. with respect to the proposed rule publishing this notice to solicit Competitive Environment change that are filed with the comments on the proposed rule change Commission, and all written from interested persons. The Commission has repeatedly communications relating to the expressed its preference for competition proposed rule change between the I. Self-Regulatory Organization’s over regulatory intervention in Commission and any person, other than Statement of the Terms of Substance of determining prices, products, and those that may be withheld from the the Proposed Rule Change services in the securities markets. In public in accordance with the Regulation NMS, the Commission provisions of 5 U.S.C. 552, will be The Exchange proposes to amend its highlighted the importance of market available for website viewing and Price List to offer (1) new tiered credits forces in determining prices and SRO printing in the Commission’s Public for member organizations providing revenues and, also, recognized that Reference Room, 100 F Street NE, additional liquidity in Non-Displayed current regulation of the market system Washington, DC 20549, on official Limit Orders across Tapes A, B and C, ‘‘has been remarkably successful in business days between the hours of and (2) new incremental credits and promoting market competition in its 10:00 a.m. and 3:00 p.m. Copies of the rebates applicable to certain Designated broader forms that are most important to filing also will be available for Market Makers transactions. The investors and listed companies.’’ 6 inspection and copying at the principal Exchange proposes to implement the fee As the Commission itself recognized, office of the Exchange. All comments change effective November 1, 2019. The the market for trading services in NMS received will be posted without change. proposed rule change is available on the stocks has become ‘‘more fragmented Persons submitting comments are Exchange’s website at www.nyse.com, at and competitive.’’ 7 Indeed, equity cautioned that we do not redact or edit the principal office of the Exchange, and trading is currently dispersed across 13 personal identifying information from at the Commission’s Public Reference exchanges,8 31 alternative trading comment submissions. You should Room. systems,9 and numerous broker-dealer submit only information that you wish internalizers and wholesalers, all II. Self-Regulatory Organization’s competing for order flow. Based on to make available publicly. All Statement of the Purpose of, and submissions should refer to File publicly-available information, no Statutory Basis for, the Proposed Rule single exchange has more than 19% Number SR–NYSEAMER–2019–48 and Change should be submitted on or before market share (whether including or 10 December 12, 2019. In its filing with the Commission, the excluding auction volume). Therefore, no exchange possesses significant For the Commission, by the Division of self-regulatory organization included Trading and Markets, pursuant to delegated statements concerning the purpose of, pricing power in the execution of equity authority.23 and basis for, the proposed rule change 4 Jill M. Peterson, ‘‘Non-Displayed Limit Orders’’ in Rule and discussed any comments it received 7.31(d)(2) were previously known as ‘‘Non-Display Assistant Secretary. on the proposed rule change. The text Reserve orders.’’ The Exchange proposes to use the [FR Doc. 2019–25207 Filed 11–20–19; 8:45 am] of those statements may be examined at new term and replace two outdated references to ‘‘Non-Display Reserve orders’’ on the first page of BILLING CODE 8011–01–P the places specified in Item IV below. the Price List. The Exchange also proposes to The Exchange has prepared summaries, capitalize the word ‘‘order’’ following MPL set forth in sections A, B, and C below, throughout. SECURITIES AND EXCHANGE of the most significant parts of such 5 ‘‘More Active Securities’’ are securities with an COMMISSION statements. average daily consolidated volume (‘‘Security CADV’’) in the previous month equal to or greater [Release No. 34–87551; File No. SR–NYSE– A. Self-Regulatory Organization’s than 1,000,000 shares per month. ‘‘Less Active 2019–58] Statement of the Purpose of, and Securities’’ are securities that have a Security CADV Statutory Basis for, the Proposed Rule of less than 1,000,000 shares per month in the Self-Regulatory Organizations; New previous month. Change 6 York Stock Exchange LLC; Notice of See Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37495, 37499 (June 29, 2005) Filing and Immediate Effectiveness of 1. Purpose (S7–10–04) (Final Rule) (‘‘Regulation NMS’’). Proposed Rule Change To Amend Its 7 See Securities Exchange Act Release No. 51808, Price List To Offer New Credits and The Exchange proposes to amend its 84 FR 5202, 5253 (February 20, 2019) (File No. S7– Rebates Price List to offer (1) new tiered credits 05–18) (Transaction Fee Pilot for NMS Stocks Final for member organizations providing Rule) (‘‘Transaction Fee Pilot’’). November 15, 2019. additional liquidity in Non-Displayed 8 See Cboe Global Markets, U.S. Equities Market Pursuant to Section 19(b)(1) 1 of the Volume Summary, available at http:// Limit Orders across Tapes A, B and C, markets.cboe.com/us/equities/market_share/ . See Securities Exchange Act of 1934 (the and (2) new incremental credits and generally https://www.sec.gov/fast-answers/ ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 rebates applicable to certain Designated divisionsmarketregmrexchangesshtml.html. notice is hereby given that, on Market Makers (‘‘DMM’’) transactions. 9 See FINRA ATS Transparency Data, available at November 1, 2019, New York Stock https://otctransparency.finra.org/otctransparency/ The proposed change responds to the AtsIssueData. A list of alternative trading systems current competitive environment by registered with the Commission is available at 23 17 CFR 200.30–3(a)(12). offering additional incentives to https://www.sec.gov/foia/docs/atslist.htm. 1 15 U.S.C. 78s(b)(1). 10 See Cboe Global Markets U.S. Equities Market 2 15 U.S.C. 78a. member organizations to provide Volume Summary, available at http:// 3 17 CFR 240.19b–4. additional liquidity in Non-Displayed markets.cboe.com/us/equities/market_share/.

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order flow. More specifically, for the combined, excluding any liquidity NYSE’s total intraday adding liquidity, month of September 2019, the added by a DMM, would be eligible for as those terms are defined in the Price Exchange’s market share of intraday a $0.0018 credit. List.13 The Exchange also provides trading (i.e., excluding auctions) in For example, assume Member monthly rebates to DMMs depending on Tapes A, B and C securities was only Organization B added an average of 7.8 the Security CADV 14 and the DMM 9.3%.11 million shares in Non-Displayed Limit quoting percentage. The Exchange believes that the ever- Orders in a month where Tapes A, B shifting market share among the and C CADV was 6.5 billion, or 0.12% Incremental Credits for Increased DMM exchanges from month to month of Tape A, B and C CADV. Member Quoting at the NBBO demonstrates that market participants Organization B would qualify for the More Active Securities can move order flow, or discontinue or $0.0010 credit. If Member Organization Currently, DMMs earn a rebate of reduce use of certain categories of B instead provided an average of 13 $0.0027 per share when adding products, in response to fee changes. million shares in Non-Displayed Limit liquidity, other than MPL Orders, in With respect to non-marketable order Orders, or 0.20%, Member Organization More Active Securities if the More flow that would provide displayed B would qualify for the higher $0.0018 Active Security has a stock price of liquidity on an Exchange, member credit. $1.00 or more and the DMM meets the organizations can choose from any one The purpose of this proposed change More Active Securities Quoting of the 13 currently operating registered is to incentivize member organizations Requirement 15 and has a DMM Quoted exchanges to route such order flow. to increase the liquidity-providing Non- Size 16 for an applicable month that is at Accordingly, competitive forces Displayed Limit Orders in the Tapes A, least 5% of the NYSE Quoted Size, constrain exchange transaction fees that B and C securities they send to the unless the more favorable rates set forth relate to orders that would provide Exchange, which would support the below in the Price List apply. DMMs liquidity on an exchange. quality of price discovery on the electing the optional monthly rebate per In response to this competitive Exchange and provide additional price security (‘‘Rebate per Security’’) would environment, the Exchange has improvement opportunities for receive a lower monthly rebate per share established incentives for its member incoming orders. The Exchange believes (‘‘Optional Credit’’) of $0.0026 per share organizations and DMMs to quote and that by correlating the amount of the if the quoting requirements are met.17 trade at specified levels. The proposed credit to the level of orders sent by a The Exchange proposes that a DMMs fee change is designed to encourage member organization that add liquidity, that (1) meets the current requirements member organizations to provide the Exchange’s fee structure would would receive an incremental credit of additional liquidity to the Exchange in incentivize member organizations to $0.0004 per share in each eligible DMM Non-Displayed Limit Orders and to submit more orders that add liquidity to assigned More Active Security if the encourage DMMs to increase their the Exchange, thereby increasing the DMM also (2) increases their quoting at quoting at the NBBO in their assigned potential for price improvement to the NBBO by at least 5% over their More Active Securities and Less Active incoming marketable orders submitted quoting at the NBBO in September 2019 Securities by offering a series of to the Exchange. (the ‘‘Baseline Month’’) in at least 300 incremental enhanced credits and The Exchange does not know how rebates, as follows. much order flow member organizations 13 See notes 15 and 23, infra. choose to route to other exchanges or to 14 Proposed Rule Change The Price List uses ‘‘Security CADV’’ to mean off-exchange venues. There are the average daily consolidated volume for the Credits for Non-Displayed Limit Orders currently no member organizations that applicable security, and to remove any confusion with the term ‘‘ADV’’ as defined and used Member organizations currently could qualify for the proposed credits elsewhere in the Price List. receive a Non-Tier Adding Credit for based on their current trading profile on 15 The ‘‘More Active Securities Quoting Non-Displayed Limit Orders when the Exchange, but believes that at least Requirement’’ is met if the More Active Security adding liquidity to the Exchange. The 5 member organizations could qualify has a stock price of $1.00 or more and the DMM for the tier if they so choose. However, quotes at the National Best Bid or Offer (‘‘NBBO’’) Price List instead reflects that member in the applicable security at least 10% of the time organizations are not charged. The without having a view of member in the applicable month. Both ‘‘More Active Exchange proposes to replace ‘‘No organization’s activity on other Securities’’ and the ‘‘More Active Securities exchanges and off-exchange venues, the Quoting Requirement’’ are defined in the current Charge’’ in the current Price List with Price List. The Exchange is not proposing any ‘‘No credit,’’ add the phrase ‘‘unless a Exchange has no way of knowing changes to these definitions. higher credit applies,’’ and specify the whether this proposed rule change 16 The ‘‘NYSE Quoted Size’’ is calculated by following tiered credits for member would result in any member multiplying the average number of shares quoted on organizations adding liquidity in Non- organization directing orders to the the NYSE at the NBBO by the percentage of time Exchange in order to qualify for the new the NYSE had a quote posted at the NBBO. The Displayed Limit Orders. ‘‘DMM Quoted Size’’ is calculated by multiplying The Exchange proposes that a member tier. the average number of shares of the applicable organization that has Adding ADV in Proposed DMM Credits security quoted at the NBBO by the DMM by the Non-Displayed Limit Orders that is at percentage of time during which the DMM quoted at the NBBO. See Price List, n. 7. least 0.12% of Tapes A, B and C The section of the Exchange’s Price List entitled ‘‘Fees and Credits 17 The Exchange proposes non-substantive CADV 12 combined, excluding any conforming changes to this section of the Price List. liquidity added by a DMM, would be applicable to Designated Market Makers First, the Exchange would add the missing word eligible for a $0.0010 credit. In addition, (‘‘DMMs’’)’’ sets out different monthly ‘‘applies’’ following ‘‘set forth below.’’ Second, the the Exchange proposes that a member rebate amounts to DMMs depending on Exchange would add the following sentence that the CADV of the security and the DMM appears in the other sections of the Price List where organization that has Adding ADV in the term ‘‘NYSE total intraday adding liquidity’’ is Non-Displayed Limit Orders that is at quoting percentage and size in any used to the end of the section: ‘‘Unless otherwise least 0.15% of Tapes A, B and C CADV month in which the DMM meets the stated, the NYSE total intraday adding liquidity will More Active Securities Quoting be totaled monthly and includes all NYSE adding liquidity, excluding NYSE open and NYSE close 11 See id. Requirement and the Less Active volume, by all NYSE participants, including 12 The terms ‘‘ADV’’ and ‘‘CADV’’ are defined in Securities Quoting Requirement, as well Supplemental Liquidity Providers, customers, Floor footnote * of the Price List. as DMM providing as a percent of the brokers, and DMMs.’’

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assigned securities (to be defined as the per share if the quoting and providing more and the DMM meets the Less ‘‘DMM Additional Quoting requirements are met.19 Active Securities Quoting Requirement’’). The proposed The Exchange proposes that a DMM Requirement.23 DMMs electing the incremental credit would be available to that meets (1) these current optional Rebate per Security would DMMs that qualify for the regular credit requirements, and (2) the DMM instead receive an Optional Credit of and those that elect the Rebate per Additional Quoting Requirement would $0.0031 per share if the quoting Security and corresponding Optional receive an incremental credit of $0.0001 requirements are met. Credit. per share in each eligible assigned More The Exchange proposes that a DMM Active Security.20 The proposed Currently, DMMs earn a rebate of that meets (1) these current incremental credit would be available to $0.0031 per share when adding requirements and (2) the DMM DMMs that qualify for the regular credit liquidity, other than MPL Orders, in Additional Quoting Requirement will and those that elect the Rebate per More Active Securities if the More receive an incremental credit of $0.0010 Security and corresponding Optional Active Security has a stock price of per share in each eligible assigned Less Credit. 24 $1.00 or more and the DMM meets (1) Active Security. Finally, DMMs currently earn a rebate In addition, DMMs currently earn a the More Active Securities Quoting of $0.0015 per share when adding Requirement, (2) has a DMM Quoted rebate of $0.0015 per share when adding liquidity, other than MPL Orders, in liquidity in shares of Less Active Size for an applicable month that is at More Active Securities if the More least 10% of the NYSE Quoted Size, and Securities if the Less Active Security Active Security has a stock price of has a stock price of $1.00 or more and (3) the DMM quotes at the NBBO in the $1.00 or more and the DMM does not applicable security at least 20% of the the DMM does not meet the Less Active meet the More Active Securities Securities Quoting Requirement in the time in the applicable month and for Quoting in the applicable month. DMMs providing liquidity that is more than 5% applicable security in the applicable electing the optional Rebate per Security month. DMMs electing the optional of the NYSE’s total intraday adding would instead receive an Optional liquidity in each such security for that Rebate per Security would instead Credit of $0.0012 per share if the receive an Optional Credit of $0.0011 month. DMMs electing the optional 21 quoting requirements are met. per share if the quoting requirements are Rebate per Security would instead The Exchange proposes that a DMM met. receive an Optional Credit of $0.0003 that (1) has DMM assigned securities per share if the quoting and providing The Exchange proposes that a DMM that did not meet the More Active that (1) has DMM assigned securities requirements are met.18 Securities Quoting Requirement in the that did not meet the Less Active A DMM that meets (1) these current applicable security, and (2) meets the Securities Quoting Requirement in the requirements, and (2) the DMM DMM Additional Quoting Requirement applicable security, and (2) meets the Additional Quoting Requirement would would receive an incremental credit of DMM Additional Quoting Requirement receive an incremental credit of $0.0003 $0.0012 per share in each eligible will receive an incremental credit of per share in each eligible assigned More assigned DMM More Active Security. $0.0020 per share in each eligible Active Security. The proposed The proposed incremental credit would assigned Less Active Security.25 incremental credit would be available to be available to DMMs that qualify for The following example demonstrates DMMs that qualify for the regular credit the regular credit and those that elect how the proposed incremental credits and those that elect the Rebate per the Rebate per Security and would operate. corresponding Optional Credit. Security and corresponding Optional In the Baseline Month, assume DMM Credit. Less Active Securities 22 Y has 500 assigned securities, 300 of DMMs currently earn a rebate of In the case of Less Active Securities, which are More Active Securities and $0.0034 per share when adding liquidity DMMs currently earn a rebate of 200 of which are Less Active Securities. with orders, other than MPL Orders, in $0.0035 per share when adding liquidity Further assume that the DMM’s quoting More Active Securities if the More with orders, other than MPL Orders, in at the NBBO was as follows: • Active Security has a stock price of Less Active Securities if the Less Active 50% time at the NBBO each in 100 $1.00 or more and the DMM meets (1) Security has a stock price of $1.00 or securities in the Baseline Month, and the More Active Securities Quoting 60% time at the NBBO each in the Requirement, (2) has a DMM Quoted 19 In this section of the Price List, the Exchange billing month for those same securities; Size for an applicable month that is at proposes the non-substantive change of moving the • 20% time at the NBBO each in 250 least 15% of the NYSE Quoted Size, for sentence describing the calculation and securities in the Baseline Month and composition of NYSE total intraday adding providing liquidity that is more than liquidity to end of the section and add ‘‘Unless 40% time at the NBBO each in the 15% of the NYSE’s total intraday adding otherwise stated’’ to the beginning the sentence. In liquidity in each such security for that the following section setting forth the rebate of 23 The ‘‘Less Active Securities Quoting month, and (3) the DMMs quotes at the $0.0035 per share and $0.0034 if electing the Requirement’’ is met when a security has a Optional Credit, the Exchange would also add consolidated ADV of less than 1,000,000 shares per NBBO in the applicable security at least ‘‘Unless otherwise stated’’ to the beginning the month in the previous month and a stock price of 30% of the time in the applicable same sentence describing calculation and $1.00 or more, and the DMM quotes at the NBBO month. DMMs electing the optional composition of NYSE total intraday adding in the applicable security at least 15% of the time Rebate per Security would instead liquidity. in the applicable month. 20 No incremental credit for current credit of 24 No incremental credit for current credit of receive an Optional Credit of $0.0033 $0.0035 for More Active Securities is proposed as $0.0045 for Less Active Securities is proposed as that is the highest credit available. that is the highest credit available. 18 In this section of the Price List, the Exchange 21 In this section, the Exchange’s non-substantive 25 If a DMM is assigned a security after the proposes two non-substantive changes. In addition conforming change would be to add the sentence Baseline Month, the DMM quoting for the Baseline to capitalizing ‘‘order’’ following MPL, the describing the calculation and composition of Month would be assigned as 0%. If a DMM quoted Exchange would move the sentence describing NYSE total intraday adding liquidity to end of the at the NBBO over 95% in the Baseline Month in an calculation and composition of NYSE total intraday section. assigned security, that same security would count adding liquidity to end of the section and add 22 In this section, the Exchange’s non-substantive toward the DMM Additional Quoting Requirement ‘‘Unless otherwise stated’’ to the beginning the conforming change would be to add ‘‘in’’ before since the maximum quoting, or 100%, would less sentence. ‘‘Less Active Securities.’’ than 5% over the quoting in the Baseline Month.

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billing month for those same securities; Requirement in an applicable security, of the time in an applicable month in an and are as follows: applicable security. • 30% time at the NBBO each in 150 • $500 rebate if the DMM quotes at • $100 rebate if the DMM quotes at securities in the Baseline Month and the NBBO 50% of the time or more in the NBBO at least 15% and up to 20% 20% time at the NBBO each in the an applicable security. of the time in an applicable month in an • billing month for those same securities. $425 rebate if the DMM quotes at applicable security. DMM Y would qualify for the DMM the NBBO at least 40% and up to 50% In each case, the Exchange proposes Additional Quoting Requirement since of the time in an applicable month in an that DMMs meeting the Less Active applicable security. Securities Quoting Requirement as well DMM Y had 100 securities that had 10% • higher quoting over the Baseline Month $350 rebate if the DMM quotes at as the DMM Additional Quoting and 250 securities that had 20% higher the NBBO at least 30% and up to 40% Requirement in the billing month would quoting over the Baseline Month, for a of the time in an applicable month in an qualify for the next highest monthly total of 350 securities, regardless of applicable security. rebate in each tier. For example, using • $275 rebate if the DMM quotes at whether those securities were More DMM Y with 500 assigned securities the NBBO at least 20% and up to 30% Active or Less Active Securities. and qualified for the DMM Additional of the time in an applicable month in an The other 150 securities with 20% Quoting Requirement in the billing applicable security. month in the previous example, assume time at the NBBO would not count • $200 rebate if the DMM quotes at towards the requirement since their DMM Y had 200 assigned securities the NBBO at least 15% and up to 20% with a Security CADV under 1,500,000 time at the NBBO was 10% lower, or of the time in an applicable month in an less than the 5% increase required. shares as follows: applicable security. • 125 securities with Security CADV Further assume that DMM Y’s 300 The monthly rebates payable to between 250,000 and 1,500,000, that More Active Securities and 200 Less DMMs for securities with a Security each had a DMM quote at the NBBO of Active Securities were eligible for the CADV of 100,000 up to 250,000 shares 40%. Those securities would each following credits in the billing month: in the previous month (regardless of receive a rebate for the month of $500, • If 175 of DMM Y’s More Active whether the stock price exceeds $1.00) the next highest rebate over the current Securities were eligible for $0.0031 in in any month in which the DMM meets $425 rebate. credits, the DMM Additional Quoting the Less Active Securities Quoting • 75 securities with Security CADV Requirement would qualify those Requirement, are as follows: • between 100,000 and 250,000, that each securities for an additional credit of $450 rebate if the DMM quotes at had a DMM quote at the NBBO of 20%. $0.0003 or $0.0034, combined. the NBBO 50% of the time or more in Those securities would each receive a • If 125 of DMM Y’s More Active an applicable security. • rebate for the month of $300, the next Securities were eligible for $0.0035 in $375 rebate if the DMM quotes at highest rebate over the current $225 credits, the DMM Additional Quoting the NBBO at least 40% and up to 50% rebate. Requirement would not qualify those of the time in an applicable month in an securities for an additional credit since applicable security. DMM Quoting Share • $0.0035 would be the highest credit. $300 rebate if the DMM quotes at Currently, the Exchange provides all • If 125 of DMM Y’s Less Active the NBBO at least 30% and up to 40% of the market data quote revenue (the Securities were eligible for $0.0015 in of the time in an applicable month in an ‘‘Quoting Share’’) received by the credits, the DMM Additional Quoting applicable security. Exchange from the Consolidated Tape • $225 rebate if the DMM quotes at Requirement would qualify those Association under the Revenue the NBBO at least 20% and up to 30% securities for an additional credit of Allocation Formula of Regulation NMS of the time in an applicable month in an $0.0020 or $0.0035, combined. with respect to any security that has a • If 75 of DMM Y’s Less Active applicable security. • $150 rebate if the DMM quotes at Security CADV of less than 1,500,000 Securities were eligible for $0.0045 in the NBBO at least 15% and up to 20% shares in the previous month (regardless credits, the DMM Additional Quoting of the time in an applicable month in an of whether the stock price exceeds Requirement would not qualify those applicable security. $1.00) in any month in which a DMM securities for a higher credit since Finally, the current monthly rebate quotes at the NBBO at least 20% of the $0.0045 is the highest credit. payable to DMMs for securities with a time in the applicable month. If the The proposed rule change is designed Security CADV of less than 100,000 DMM quotes at the NBBO at least 15% to incentivize DMMs to increase trading shares in the previous month in the of the time in the applicable month in volume in their assigned More Active previous month (regardless of whether a security that has a Security CADV of Securities on the Exchange. the stock price exceeds $1.00) in any less than 1,500,000 shares in the Enhanced DMM Monthly Rebates month in which the DMM meets the previous month but quotes less than Less Active Securities Quoting 20% of the time in the applicable Currently, the Exchange provides Requirement, are as follows: month, the DMM receives 50% of the additional monthly rebates to DMMs in • $400 rebate if the DMM quotes at Quoting Share. addition to the current rate on the NBBO 50% of the time or more in The Exchange proposes that DMMs transactions, prorated to the number of an applicable security. that quote at the NBBO at least 15% of trading days in a month that a stock is • $325 rebate if the DMM quotes at the time in the applicable month in a assigned to a DMM, depending on the the NBBO at least 40% and up to 50% security that has a Security CADV of Security CADV and the DMM quoting of the time in an applicable month in an less than 1,500,000 shares in the percentage, as follows. applicable security. previous month but quote less than 20% The monthly rebates payable to • $250 rebate if the DMM quotes at of the time in the applicable month and DMMs for securities with a Security the NBBO at least 30% and up to 40% meet the DMM Additional Quoting CADV of 250,000 up to 1,500,000 shares of the time in an applicable month in an Requirement would also receive 100% in the previous month, applicable in applicable security. of the Quoting Share. any month in which the DMM meets the • $175 rebate if the DMM quotes at The proposed change is not otherwise Less Active Securities Quoting the NBBO at least 20% and up to 30% intended to address any other issues,

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and the Exchange is not aware of any opportunities for member organizations assigned securities, and that the significant problems that market on the Exchange, to the benefit of all proposal constitutes an equitable participants would have in complying market participants. Further, the allocation of fees because all similarly with the proposed changes. proposal to offer enhanced credits, situated DMMs would be eligible for the rebates, and quoting share to DMMs in same incremental rebates. 2. Statutory Basis order to increase their quoting at the The Proposal Is Not Unfairly The Exchange believes that the NBBO in their assigned More Active Discriminatory proposed rule change is consistent with Securities and Less Active Securities is Section 6(b) of the Act,26 in general, and a reasonable means to increase DMM The Exchange believes that the furthers the objectives of Sections quoting at the NBBO in their assigned proposal is not unfairly discriminatory. 6(b)(4) and (5) of the Act,27 in particular, securities more frequently, which could In the prevailing competitive because it provides for the equitable attract additional orders to the Exchange environment, member organizations are allocation of reasonable dues, fees, and and contribute to price discovery. In free to disfavor the Exchange’s pricing if other charges among its members, addition, additional liquidity-providing they believe that alternatives offer them issuers and other persons using its quotes benefit all market participants better value. The Exchange believes that facilities and does not unfairly because they provide greater execution offering the proposed credits to member discriminate between customers, opportunities on the Exchange and organizations based on the amount of issuers, brokers or dealers. improve the public quotation. The liquidity provided to the Exchange in proposal would also reward DMMs, Non-Displayed Limit Orders would The Proposed Change Is Reasonable who have greater risks and heightened provide a further incentive for all The Exchange operates in a highly quoting and other obligations than other member organizations to provide competitive market. The Commission market participants. additional liquidity to the Exchange. has repeatedly expressed its preference Similarly, the proposed additional for competition over regulatory The Proposal Is an Equitable Allocation credits and enhanced rebates for DMMs intervention in determining prices, of Fees would provide an additional incentive products, and services in the securities The Exchange believes the proposal to DMMs to quote and trade their markets. Specifically, in Regulation equitably allocates its fees among its assigned securities on the Exchange, NMS, the Commission highlighted the market participants by fostering and will generally allow the Exchange importance of market forces in liquidity provision and stability in the and DMMs to better compete for order determining prices and SRO revenues marketplace. flow, thus enhancing competition. The and, also, recognized that current The Exchange believes that the Exchange also believes that the regulation of the market system ‘‘has proposed tiered credits for member requirement that DMMs increase been remarkably successful in organizations adding liquidity in Non- quoting that is at least 5% over the promoting market competition in its Displayed Limit Orders is equitable DMM’s quoting in at least 300 DMM broader forms that are most important to because the proposed credits would assigned securities over the Baseline investors and listed companies.’’ 28 create incentives for adding greater Month in order to qualify for the credits The Exchange believes that the ever- liquidity and providing price is not unfairly discriminatory because it shifting market share among the improvement. The Exchange believes would apply equally to all DMMs. exchanges from month to month the proposed rule change would Finally, the Exchange believes that it demonstrates that market participants improve market quality for all market is subject to significant competitive can move order flow, or discontinue or participants on the Exchange and, as a forces, as described below in the reduce use of certain categories of consequence, attract more liquidity to Exchange’s statement regarding the products, in response to fee changes. the Exchange, thereby improving burden on competition. With respect to non-marketable order market-wide quality and price For the foregoing reasons, the flow that would provide displayed discovery. The Exchange notes that it Exchange believes that the proposal is liquidity on an Exchange against which currently provides similar non-tiered consistent with the Act. market makers can quote, member and tiered credits for Mid-Point Limit orders of $0.0010, $0.0020, $0.0025 and B. Self-Regulatory Organization’s organizations can choose from any one Statement on Burden on Competition of the 13 currently operating registered $0.00275. exchanges to route such order flow. The Exchange believes that the In accordance with Section 6(b)(8) of Accordingly, competitive forces proposed enhanced credits and rebates the Act,29 the Exchange believes that the constrain exchange fees that relate to to DMMs is an equitable allocation of proposed rule change would not impose providing incentives for market makers fees because it would reward DMMs for any burden on competition that is not to compete for order flow. their increased risks and heightened necessary or appropriate in furtherance Given this competitive environment, quoting and other obligations. As such, of the purposes of the Act. Instead, as the proposal represents a reasonable it is equitable to offer DMMs an discussed above, the Exchange believes attempt to attract additional order flow incremental credits for increased that the proposed changes would to the Exchange. The Exchange believes quoting at the NBBO in addition to the incentivize member organizations to that the proposal to offer tiered credits current rates. provide additional liquidity in Non- for member organizations that add The proposed rule change is also Displayed Limit Orders to a public additional liquidity in Non-Displayed equitable because it would apply exchange and incentivize DMMs to Limit Orders to the Exchange is a equally to all existing and potential quote and trade in their DMM assigned reasonable means to improve market DMM firms. The Exchange notes that 3 securities, which could attract quality, attract additional order flow to of the 5 DMM firms could qualify for the additional liquidity and contribute to a public market, and enhance execution proposed incremental credits and price discovery. Additional liquidity on enhanced rebates. The Exchange a public exchange benefits all market 26 15 U.S.C. 78f(b). believes that the proposal would participants because they provide 27 15 U.S.C. 78f(b)(4) & (5). provide an equal incentive to all DMMs 28 See Regulation NMS, 70 FR at 37499. to increase quoting at the NBBO in their 29 15 U.S.C. 78f(b)(8).

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greater execution opportunities on the C. Self-Regulatory Organization’s internet website (http://www.sec.gov/ Exchange and improves the public Statement on Comments on the rules/sro.shtml). Copies of the quotation. As a result, the Exchange Proposed Rule Change Received From submission, all subsequent believes that the proposed change Members, Participants, or Others amendments, all written statements furthers the Commission’s goal in No written comments were solicited with respect to the proposed rule adopting Regulation NMS of fostering or received with respect to the proposed change that are filed with the integrated competition among orders, rule change. Commission, and all written which promotes ‘‘more efficient pricing communications relating to the III. Date of Effectiveness of the of individual stocks for all types of proposed rule change between the Proposed Rule Change and Timing for Commission and any person, other than orders, large and small.’’ 30 Commission Action those that may be withheld from the Intramarket Competition. The The foregoing rule change is effective public in accordance with the proposed change is designed to attract upon filing pursuant to Section provisions of 5 U.S.C. 552, will be additional order flow to the Exchange. 19(b)(3)(A) 32 of the Act and available for website viewing and The Exchange believes that the subparagraph (f)(2) of Rule 19b–4 33 printing in the Commission’s Public proposed credits for member thereunder, because it establishes a due, Reference Room, 100 F Street NE, organizations providing liquidity in fee, or other charge imposed by the Washington, DC 20549, on official Non-Displayed Limit Orders would Exchange. business days between the hours of incentivize all member organizations At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the submit additional liquidity to the filing of such proposed rule change, the filing also will be available for Exchange, contributing to greater Commission summarily may inspection and copying at the principal liquidity on the Exchange. Similarly, the temporarily suspend such rule change if office of the Exchange. All comments proposed incremental credits and it appears to the Commission that such received will be posted without change. enhanced rebates would continue to action is necessary or appropriate in the Persons submitting comments are incentivize DMMs to quote and trade at public interest, for the protection of cautioned that we do not redact or edit personal identifying information from the NBBO more frequently, which could investors, or otherwise in furtherance of comment submissions. You should attract additional liquidity and the purposes of the Act. If the Commission takes such action, the submit only information that you wish contribute to price discovery. Greater to make available publicly. All liquidity benefits all market participants Commission shall institute proceedings 34 submissions should refer to File because it provides greater execution under Section 19(b)(2)(B) of the Act to determine whether the proposed rule Number SR–NYSE–2019–58 and should opportunities on the Exchange. The be submitted on or before December 12, proposed credits and rebates would be change should be approved or disapproved. 2019. available to all similarly-situated market For the Commission, by the Division of participants, and, as such, the proposed IV. Solicitation of Comments Trading and Markets, pursuant to delegated change would not impose a disparate Interested persons are invited to authority.35 burden on competition among market submit written data, views, and Jill M. Peterson, participants on the Exchange. arguments concerning the foregoing, Assistant Secretary. Intermarket Competition. The including whether the proposed rule [FR Doc. 2019–25214 Filed 11–20–19; 8:45 am] Exchange operates in a highly change is consistent with the Act. BILLING CODE 8011–01–P competitive market in which market Comments may be submitted by any of participants can readily choose to send the following methods: SECURITIES AND EXCHANGE orders to other exchange and off- Electronic Comments exchange venues if they deem fee levels COMMISSION • Use the Commission’s internet at those other venues to be more comment form (http://www.sec.gov/ [Release No. 34–87546; File No. SR–CBOE– 2019–105] favorable. The Exchange notes that for rules/sro.shtml); or the month of September 2019, the • Send an email to rule-comments@ Self-Regulatory Organizations; Cboe Exchange’s market share of intraday sec.gov. Please include File Number SR– Exchange, Inc.; Notice of Filing and trading (excluding auctions) in Tapes A, NYSE–2019–58 on the subject line. Immediate Effectiveness of a Proposed B and C securities was only 9.3%.31 In Paper Comments Rule Change To Amend Its Fee such an environment, the Exchange Schedule must continually adjust its fees and • Send paper comments in triplicate rebates to remain competitive with other to Secretary, Securities and Exchange November 15, 2019. exchanges and with off-exchange Commission, 100 F Street NE, Pursuant to Section 19(b)(1) of the venues. Because competitors are free to Washington, DC 20549–1090. Securities Exchange Act of 1934 (the modify their own fees and credits in All submissions should refer to File ‘‘Act’’),1 and Rule 19b-4 thereunder,2 response, and because market Number SR–NYSE–2019–58. This file notice is hereby given that on November participants may readily adjust their number should be included on the 1, 2019, Cboe Exchange, Inc. (the order routing practices, the Exchange subject line if email is used. To help the ‘‘Exchange’’ or ‘‘Cboe Options’’) filed does not believe its proposed fee change Commission process and review your with the Securities and Exchange can impose any burden on intermarket comments more efficiently, please use Commission (the ‘‘Commission’’) the proposed rule change as described in competition. only one method. The Commission will post all comments on the Commission’s Items I, II and III below, which Items have been prepared by the Exchange. 32 15 U.S.C. 78s(b)(3)(A). The Commission is publishing this 33 17 CFR 240.19b–4(f)(2). 30 Regulation NMS, 70 FR at 37498–99. 34 15 U.S.C. 78s(b)(2)(B). 1 15 U.S.C. 78s(b)(1). 31 See note 11, supra. 35 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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notice to solicit comments on the port fees for connections to PULSe, Access Port or 10 Gb Network Access proposed rule change from interested effective November 1, 2019. Port for this particular purpose may persons. By way of background, a physical port depend on their own connectivity is utilized by a Trading Permit Holder architecture (i.e., some participants may I. Self-Regulatory Organization’s (‘‘TPH’’) or non-TPH to connect to the not be able to route orders to PULSe Statement of the Terms of the Substance Exchange at the data centers where the over a 1 Gb, whereas others may not be of the Proposed Rule Change Exchange’s servers are located. Prior to able to route over a 10 Gb). Accordingly, Cboe Exchange, Inc. (the ‘‘Exchange’’ migration, the Exchange utilized the Exchange will waive fees for either or ‘‘Cboe Options’’) proposes to amend Network Access Ports for these physical a 1 Gb or 10 Gb Network Access Port. its Fees Schedule. The text of the connections to the Exchange and Such ports will be configured to only proposed rule change is provided in assessed fees based on the gigabit size allow routing of orders to PULSe, Exhibit 5. of the port. Specifically, TPHs and non- regardless of size, and notes further that The text of the proposed rule change TPHs could elect to connect to Cboe for this particular purpose, a 10 Gb port is also available on the Exchange’s Options’ trading system via either a 1 does not have an advantage over a 1 Gb website (http://www.cboe.com/ gigabit per second (‘‘Gb’’) Network port. AboutCBOE/ Access Port or a 10 Gb Network Access The Exchange lastly proposes to CBOELegalRegulatoryHome.aspx), at Port. The Exchange assessed a monthly eliminate now obsolete language in the the Exchange’s Office of the Secretary, fee of $1,500 per port for 1 Gb Network Physical Connectivity Fees table. and at the Commission’s Public Access Ports and a monthly fee of Particularly, the Exchange proposes to Reference Room. $5,000 per port for 10 Gb Network eliminate the Monthly Fees column for II. Self-Regulatory Organization’s Access Ports for access to Cboe Options fees through October 31, 2019 and Statement of the Purpose of, and primary system. Network Access Ports eliminate the reference to ‘‘Effective Statutory Basis for, the Proposed Rule could also be used to send orders to November 1, 2019’’ in the title of the Change PULSe. Upon migration, the TPHs and column with for fees effective November non-TPHs had the option to 1, 2019. In its filing with the Commission, the alternatively elect to connect to Cboe 2. Statutory Basis Exchange included statements Options via new latency equalized concerning the purpose of and basis for Physical Ports. Through January 31, The Exchange believes the proposed the proposed rule change and discussed 2020 however, Cboe Options market rule change is consistent with the any comments it received on the participants will still have the ability to Securities Exchange Act of 1934 (the proposed rule change. The text of these connect to Cboe Options’ trading system ‘‘Act’’) and the rules and regulations statements may be examined at the via the current Network Access Ports. thereunder applicable to the Exchange places specified in Item IV below. The For the month of October 2019, TPHs and, in particular, the requirements of Exchange has prepared summaries, set and non-TPHs would be assessed (1) Section 6(b) of the Act.5 Specifically, forth in sections A, B, and C below, of $1,500 per 1 Gb port, regardless if it was the Exchange believes the proposed rule the most significant aspects of such a legacy Network Access Port or new change is consistent with the Section statements. Physical Port and (2) $5,000 per 10 Gb 6(b)(5) 6 requirements that the rules of A. Self-Regulatory Organization’s port, regardless if it was a legacy an exchange be designed to prevent 4 Statement of the Purpose of, and Network Access Port or Physical Port. fraudulent and manipulative acts and Statutory Basis for, the Proposed Rule As of November 1, 2019, the monthly practices, to promote just and equitable Change fee per 1 Gb Network Access Port and principles of trade, to foster cooperation Physical Port is $1,500 and the monthly and coordination with persons engaged 1. Purpose fee per 10 Gb Network Access Port and in regulating, clearing, settling, In 2016, the Exchange’s parent Physical Port is $7,000. processing information with respect to, company, Cboe Global Markets, Inc. The Exchange notes that although the and facilitating transactions in (formerly named CBOE Holdings, Inc.) new latency equalized Physical Ports securities, to remove impediments to (‘‘Cboe Global’’), which is also the became available on October 7, 2019, and perfect the mechanism of a free and parent company of Cboe C2 Exchange, the new Physical Ports cannot currently open market and a national market Inc. (‘‘C2’’), acquired Cboe EDGA be utilized to send orders to PULSe. system, and, in general, to protect Exchange, Inc. (‘‘EDGA’’), Cboe EDGX Accordingly, users who wish to route investors and the public interest. Exchange, Inc. (‘‘EDGX’’ or ‘‘EDGX orders to PULSe via the Exchange’s Additionally, the Exchange believes the Options’’), Cboe BZX Exchange, Inc. physical ports must maintain and use a proposed rule change is consistent with (‘‘BZX’’ or ‘‘BZX Options’’), and Cboe legacy Network Access Fee Port and Section 6(b)(4) of the Act,7 which BYX Exchange, Inc. (‘‘BYX’’ and, cannot use any of the new Physical requires that Exchange rules provide for together with Cboe Options, C2, EDGX, Ports for such purpose. As such, the the equitable allocation of reasonable EDGA, and BZX, the ‘‘Cboe Affiliated Exchange proposes to provide that fees dues, fees, and other charges among its Exchanges’’). Cboe Options migrated its for one Network Access Port that is used Trading Permit Holders and other trading platform to the same system only to access PULSe will be waived per persons using its facilities. used by the Cboe Affiliated Exchanges, TPH or non-TPH. As such, the Exchange The Exchange believes the proposed on October 7, 2019 (the ‘‘migration’’). As proposes to provide that fees for one waiver is reasonable as users subject to a result of the migration, the Exchange Network Access Port that is used only the proposed waiver would not have to adopted a new connectivity to access PULSe will be waived per TPH pay a fee for one Network Access Port infrastructure, including new physical or non-TPH. The Exchange notes that used only to access PULSe. As noted ports and corresponding fees.3 The whether a user requires a 1 Gb Network above, the recently adopted latency Exchange proposes to waive physical equalized Physical Ports that TPHs and 4 If a TPH replaced a legacy Network Access Port with a new C1 latency equalized Physical Port in 5 3 The Exchange notes that effective October 7, October 2019, the TPH was not billed an additional 15 U.S.C. 78f(b). 2019, market participants will no longer have fee for the new C1 platform physical connection for 6 15 U.S.C. 78f(b)(5). connectivity to the old Exchange architecture. October. 7 15 U.S.C. 78f(b)(4).

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non-TPHs may purchase to connect to of the Act 8 and paragraph (f) of Rule inspection and copying at the principal the Exchange’s trading system, do not 19b–4 9 thereunder. At any time within office of the Exchange. All comments support the routing of orders to PULSe. 60 days of the filing of the proposed rule received will be posted without change. As such, TPHs that wish to route orders change, the Commission summarily may Persons submitting comments are to PULSe via physical ports must temporarily suspend such rule change if cautioned that we do not redact or edit maintain a legacy Network Access Port. it appears to the Commission that such personal identifying information from Due to this limitation, the Exchange action is necessary or appropriate in the comment submissions. You should believe it’s reasonable to waive fees for public interest, for the protection of submit only information that you wish one Network Access Port that is used investors, or otherwise in furtherance of to make available publicly. All only to access PULSe. As noted above, the purposes of the Act. If the submissions should refer to File the Exchange believes it’s appropriate to Commission takes such action, the Number SR–CBOE–2019–105, and waive either one 1 Gb Network Access Commission will institute proceedings should be submitted on or before Port or one 10 Gb Network Access Port, to determine whether the proposed rule December 12, 2019. as for this particular purpose, there is no change should be approved or For the Commission, by the Division of latency advantages to maintain a 10 Gb disapproved. Trading and Markets, pursuant to delegated versus 1 Gb port and because users’ own 10 IV. Solicitation of Comments authority. architecture may require one size over Jill M. Peterson, Interested persons are invited to the other. The Exchange believes the Assistant Secretary. proposed waiver is equitable and not submit written data, views, and unfairly discriminatory as it applies to arguments concerning the foregoing, [FR Doc. 2019–25215 Filed 11–20–19; 8:45 am] any TPH or non-TPH that must maintain including whether the proposed rule BILLING CODE 8011–01–P a Network Access Port for the sole change is consistent with the Act. Comments may be submitted by any of purpose of accessing PULSe. SECURITIES AND EXCHANGE Lastly, the Exchange believes the following methods: COMMISSION eliminating obsolete language in the Electronic Comments Fees Schedule pertaining to fees • [Release No. 34–87545; File No. SR– assessed in a prior month maintains Use the Commission’s internet CboeEDGA–2019–019] clarity in the Fees Schedule and comment form (http://www.sec.gov/ rules/sro.shtml); or Self-Regulatory Organizations; Cboe alleviates potential confusion, thereby • removing impediments to and Send an email to rule-comments@ EDGA Exchange, Inc.; Notice of Filing perfecting the mechanism of a free and sec.gov. Please include File Number SR– and Immediate Effectiveness of a open market and a national market CBOE–2019–105 on the subject line. Proposed Rule Change To Amend the system, and, in general, protecting Paper Comments Fee Schedule investors and the public interest. • Send paper comments in triplicate November 15, 2019. B. Self-Regulatory Organization’s to Secretary, Securities and Exchange Pursuant to Section 19(b)(1) of the Statement on Burden on Competition Commission, 100 F Street NE, Securities Exchange Act of 1934 (the The Exchange does not believe that Washington, DC 20549–1090. ‘‘Act’’),1 and Rule 19b–4 thereunder,2 the proposed rule change will impose All submissions should refer to File notice is hereby given that on November any burden on competition that is not Number SR–CBOE–2019–105. This file 13, 2019, Cboe EDGA Exchange, Inc. necessary or appropriate in furtherance number should be included on the (the ‘‘Exchange’’ or ‘‘EDGA’’) filed with of the purposes of the Act because the subject line if email is used. To help the the Securities and Exchange proposed changes applies uniformly to Commission process and review your Commission (the ‘‘Commission’’) the all similarly situated market comments more efficiently, please use proposed rule change as described in participants. The Exchange believes that only one method. The Commission will Items I and II below, which Items have the proposed rule change will not cause post all comments on the Commission’s been prepared by the Exchange. The an unnecessary burden on intermarket internet website (http://www.sec.gov/ Commission is publishing this notice to competition because it only applies to rules/sro.shtml). Copies of the solicit comments on the proposed rule trading on Cboe Options. To the extent submission, all subsequent change from interested persons. amendments, all written statements that the proposed changes make Cboe I. Self-Regulatory Organization’s Options a more attractive marketplace with respect to the proposed rule change that are filed with the Statement of the Terms of Substance of for market participants at other the Proposed Rule Change exchanges, such market participants are Commission, and all written welcome to become Cboe Options communications relating to the Cboe EDGA Exchange, Inc. (the market participants. proposed rule change between the ‘‘Exchange’’ or ‘‘EDGA’’) is filing with Commission and any person, other than the Securities and Exchange C. Self-Regulatory Organization’s those that may be withheld from the Commission (‘‘Commission’’) a Statement on Comments on the public in accordance with the proposed rule change to amend the fee Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be schedule. The text of the proposed rule Members, Participants, or Others available for website viewing and change is provided in Exhibit 5. The Exchange neither solicited nor printing in the Commission’s Public The text of the proposed rule change received comments on the proposed Reference Room, 100 F Street NE, is also available on the Exchange’s rule change. Washington, DC 20549 on official website (http://markets.cboe.com/us/ business days between the hours of equities/regulation/rule_filings/edga/), III. Date of Effectiveness of the 10:00 a.m. and 3:00 p.m. Copies of such at the Exchange’s Office of the Proposed Rule Change and Timing for filing also will be available for Commission Action 10 17 CFR 200.30–3(a)(12). The foregoing rule change has become 8 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). effective pursuant to Section 19(b)(3)(A) 9 17 CFR 240.19b–4(f). 2 17 CFR 240.19b–4.

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Secretary, and at the Commission’s respectively. Particularly, for securities achieve Tier 1. Specifically, the Public Reference Room. at or above $1.00, the Exchange proposed criteria under Tier 1 would provides a standard rebate of $0.0024 provide a Member with an opportunity II. Self-Regulatory Organization’s per share for orders that remove to receive an enhanced rebate of $0.0022 Statement of the Purpose of, and liquidity and assesses a fee of $0.0030 for qualifying, liquidity removing orders Statutory Basis for, the Proposed Rule per share for orders that add liquidity. Change (i.e., yielding fee code N, W, 6, or BB) The Exchange believes that the ever- where a Member adds or removes an In its filing with the Commission, the shifting market share among the ADV of greater than or equal to 0.05% Exchange included statements exchanges from month to month of the TCV. The proposed criteria concerning the purpose of and basis for demonstrates that market participants change is designed to incentivize the proposed rule change and discussed can shift order flow, or discontinue or Members to increase their overall order any comments it received on the reduce use of certain categories of flow, both adding and removing orders, proposed rule change. The text of these products, in response to fee changes. in order to receive an enhanced rebate statements may be examined at the Accordingly, competitive forces on their liquidity removing orders. The places specified in Item IV below. The constrain the Exchange’s transaction Exchange notes that the proposed Exchange has prepared summaries, set fees, and market participants can readily criteria change is also designed to make forth in sections A, B, and C below, of trade on competing venues if they deem it easier to achieve an enhanced rebate the most significant aspects of such pricing levels at those other venues to on liquidity removing orders by statements. be more favorable. removing the ADAV threshold A. Self-Regulatory Organization’s Proposed Change to the Remove Volume component, as well as reducing the Statement of the Purpose of, and Tiers ADV threshold as a percentage of TCV for both add and remove orders. The Statutory Basis for, the Proposed Rule In response to the competitive Change proposed change also reduces the environment described above, the enhanced rebate offered under Tier 1, 1. Purpose Exchange offers tiered pricing which commensurate with proposed lower tier The Exchange proposes to amend its provides Members opportunities to requirements. The Exchange believes fee schedule in connection with its qualify for higher rebates or reduced the proposed opportunity to receive an standard rebates and its Remove fees where certain volume criteria and enhanced rebate for both liquidity Volume Tiers.3 thresholds are met. Tiered pricing adding and removing orders The Exchange first notes that it provides incremental incentives for incentivizes an increase in overall order operates in a highly-competitive market Members to strive for higher or different flow to the Book. The proposed in which market participants can tier levels by offering increasingly modification Tier 1 provides both readily direct order flow to competing higher discounts or enhanced benefits liquidity providing Members and venues if they deem fee levels at a for satisfying increasingly more liquidity executing Members an particular venue to be excessive or stringent criteria or different criteria. additional opportunity to receive an incentives to be insufficient. More For example, pursuant to footnote 7 of enhanced rebate. Thus, it provides specifically, the Exchange is only one of the Fees Schedule, the Exchange offers liquidity adding Members on the 13 registered equities exchanges, as well a Remove Volume Tier (Tier 1) that Exchange a further incentive to as a number of alternative trading provides Members an opportunity to contribute to a deeper, more liquid systems and other off-exchange venues receive an enhanced rebate of $0.0026 market, and liquidity executing that do not have similar self-regulatory for liquidity removing orders that yield Members on the Exchange a further 5 6 7 8 responsibilities under the Exchange Act, fee codes ‘‘N’’, ‘‘W’’, ‘‘6’’, and ‘‘BB’’. incentive to increase transactions and to which market participants may direct To qualify for the current Remove take execution opportunities provided their order flow. Based on publicly Volume Tier, a Member must have an by such increased liquidity. The 9 available information,4 no single ADAV of greater than or equal to Exchange believes that this, in turn, 10 registered equities exchange has more 0.20% of the TCV and have a remove benefits all Members by contributing 11 than 18% of the market share. Thus, in ADV of greater than or equal to 0.40% towards a robust and well-balanced such a low-concentrated and highly of the TCV for orders yielding the market ecosystem. applicable fee codes. The Exchange now competitive market, no single equities The Exchange also proposes to adopt proposes to amend the criteria to exchange possesses significant pricing another Remove Volume Tier (proposed power in the execution of order flow. Tier 2), to provide Members an The Exchange in particular operates a 5 Appended to orders that remove liquidity from EDGA (Tape C). additional opportunity to qualify for an ‘‘Taker-Maker’’ model whereby it pays 6 Appended to orders that remove liquidity from enhanced rebate by means of liquidity credits to members that remove EDGA (Tape A). removing volume. Specifically, liquidity and assesses fees to those that 7 Appended to orders that remove liquidity from proposed Remove Volume Tier 2 would add liquidity. The Exchange’s Fees EDGA, pre and post market (All Tapes). provide an enhanced rebate of $0.0028 8 Appended to orders that remove liquidity from Schedule sets forth the standard rebates for qualifying, liquidity removing orders and rates applied per share for orders EDGA (Tape B). 9 ADAV means average daily volume calculated (i.e., yielding fee code N, W, 6, or BB) that provide and remove liquidity, as the number of shares added per day. ADAV is where a Member removes an ADV of calculated on a monthly basis. greater than or equal to 0.10% of the 3 The Exchange initially filed the proposed 10 TCV means total consolidated volume TCV and has a Step-Up Remove TCV change on business date November 1, 2019 (SR– calculated as the volume reported by all exchanges CboeEDGA–2019–018). On business date November and trade reporting facilities to a consolidated from October 2019 of greater than or 13, 2019, the Exchange withdrew those filings and transaction reporting plan for the month for which equal to 0.05%. The Exchange notes that submitted this filing. the fees apply. a Step-Up Remove means remove ADV 4 See Cboe Global Markets, U.S. Equities Market 11 ADV means daily volume calculated as the as a percentage of TCV in the relevant Volume Summary (October 25, 2019), available at number of shares added to, removed from, or routed https://markets.cboe.com/us/equities/market_ by, the Exchange, or any combination or subset baseline month subtracted from current statistics/. This market share percentage is based on thereof, per day. ADV is calculated on a monthly remove ADV as a percentage of TCV, a Month-to-Date volume summary. basis. and now proposes to incorporate this

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definition into its Fee Schedule as a 2. Statutory Basis Accordingly, balancing the reduced result of its reference in proposed The Exchange believes that the standard rebate for liquidity removing Remove Volume Tier 2. The Exchange proposed rule change is consistent with orders with the increased enhanced notes that this definition is consistent the objectives of Section 6 of the Act,13 rebate opportunities for such orders with the definitions in the Fees in general, and furthers the objectives of helps support Exchange’s objective in Schedules of the Exchange’s affiliated Section 6(b)(4),14 in particular, as it is implementing increased incentives to exchanges.12 As a result, the Exchange designed to provide for the equitable encourage an overall increase in order hopes to incentivize more Members to allocation of reasonable dues, fees and flow and contribution to market quality remove additional liquidity from the other charges among its Members and on the Exchange. The Exchange also Exchange, in turn, increasing the issuers and other persons using its notes that, though the standard rebate number of liquidity executing orders facilities. The Exchange also believes will be lower, Members will still receive that are sent to the Exchange to transact that the proposed rule change is rebates for such orders. with the increased number of liquidity consistent with the objectives of Section The Exchange notes that relative volume-based incentives and discounts adding orders, thereby improving 6(b)(5) 15 requirements that the rules of have been widely adopted by overall liquidity and market quality on an exchange be designed to prevent exchanges,16 including the Exchange,17 the Exchange. fraudulent and manipulative acts and and are reasonable, equitable and non- The Exchange notes the proposed practices, to promote just and equitable principles of trade, to foster cooperation discriminatory because they are open to tiers are available to all Members and and coordination with persons engaged all members on an equal basis and are competitively achievable for all in regulating, clearing, settling, provide additional benefits or discounts Members that submit add and/or processing information with respect to, that are reasonably related to (i) the remove order flow, in that, all firms that and facilitating transactions in value to an exchange’s market quality submit the requisite displayed order securities, to remove impediments to and (ii) associated higher levels of flow could compete to meet the tiers. and perfect the mechanism of a free and market activity, such as higher levels of open market and a national market liquidity provision and/or growth Proposed Change to the Standard Rebate patterns. Additionally, as noted above, for Liquidity Removing Orders system, and, in general, to protect investors and the public interest, and, the Exchange operates in highly As stated above, the Exchange particularly, is not designed to permit competitive market. The Exchange is currently provides a standard rebate of unfair discrimination between only one of several equity venues to which market participants may direct $0.0024 per share for liquidity removing customers, issuers, brokers, or dealers. their order flow, and it represents a orders (i.e., those yielding fee codes N, The Exchange operates in a highly- small percentage of the overall market. W, 6, and BB) in securities priced at or competitive market in which market It is also only one of several taker-maker above $1.00. Orders in securities priced participants can readily direct order flow to competing venues if they deem exchanges. Competing equity exchanges below $1.00 that remove liquidity are offer similar tiered pricing structures to not assessed a fee. The Exchange now fee levels at a particular venue to be excessive or incentives to be that of the Exchange, including proposes to reduce the current standard schedules of rebates and fees that apply rebate of $0.0024 per share to $0.0018 insufficient. The proposed rule change reflects a competitive pricing structure based upon members achieving certain per share for orders that remove volume and/or growth thresholds. These liquidity for securities priced at or designed to incentivize market participants to direct their order flow to competing pricing schedules, moreover, above $1.00. Orders that remove are presently comparable to those that liquidity in securities priced below the Exchange, which the Exchange believes would enhance market quality the Exchange provides, including the $1.00 would continue to be free. to the benefit of all Members. pricing of comparable criteria and Although the proposed standard rebate In particular, the Exchange believes rebates.18 is lower than the current standard rebate that proposed Tier 1 is reasonable Moreover, the Exchange believes the for liquidity removing orders, Members because it provides an opportunity for proposed modification to ease the will now be able to achieve higher Members to receive a discounted rate by criteria under Remove Volume Tier 1, rebates for liquidity removing orders means of liquidity adding and removing by removing the ADAV threshold pursuant to proposed Remove Volume orders and eases the difficulty in component and decreasing the AVD Tiers 1 and 2 described above, which reaching the tier criteria. Likewise, the are tied to the levels of a Member’s add Exchange believes that proposed Tier 2 16 See e.g., The Nasdaq BX, Inc. Rules, Equity 7 and/or remove order flow. Therefore, Pricing Schedule, Sec. 118(a), which generally is reasonable because it provides an provides credits to members for adding and/or the reduced standard rebate for liquidity additional opportunity for Members to removing liquidity that reaches certain thresholds removing orders is balanced by the receive a discounted rate by means of of Consolidated Volume; and Cboe BYX U.S. increased enhanced rebate opportunities liquidity removing orders. In addition to Equities Exchange Fee Schedule, Footnote 1, Add/ for such orders and aligns with the this, the Exchange believes the proposed Remove Volume Tiers, which provides similar Exchange’s objective in implementing incentives for liquidity removing orders. reduction in the standard rebate for 17 See generally, Cboe EDGA U.S. Equities the proposed Remove Volume Tiers to liquidity removing orders is reasonable Exchange Fee Schedule, Footnote 7, Add/Remove encourage an overall increase in order because it serves as a balance to the Volume Tiers. flow and facilitate improved market proposed increase in enhanced rebates 18 See supra note 15 [sic]. BX offers credits quality on the Exchange. for liquidity removing orders and the between $0.0017 and $0.0013 per share for liquidity removing orders (substantially similar to those additional opportunities to achieve such rebates which the Exchange proposes) depending 12 See Cboe BZX U.S. Equities Exchange Fee increased incentives, which are tied to on different criteria levels achieved; see also Schedule, Definitions; Cboe BYX U.S. Equities relative increases in Members’ liquidity Securities and Exchange Act Release No. 87093 Exchange Fee Schedule, Definitions; and Cboe adding and/or removing order flow. (September 24, 2019), 84 FR 57530 (October 25, EDGX U.S. Equities Exchange Fee Schedule, 2019) (SR–BX–2019–031), which, akin to the Definitions. The Exchange notes that EDGX Fee Exchange’s proposal herein, recently reduced the Schedule specifically defines Step-Up Add TCV, 13 15 U.S.C. 78f. credits for certain liquidity removing orders while however, its definition is generally aligned with the 14 15 U.S.C. 78f(b)(4). balancing such with an increase in credits for definition of Step-Up Remove TCV. 15 15 U.S.C. 78f.(b)(5). others.

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threshold as a percentage of TCV for incremental difficulty in receiving the whether this proposed rule change both liquidity adding and removing enhanced rebates; in that, Members would definitely result in any Members orders, is a reasonable means to further automatically receive the standard qualifying for modified Remove Volume incentivize Members to increase their rebate ($0.0018) for liquidity removing Tier 1, as well as proposed Remove overall order flow to the Exchange by orders, followed by an incrementally Volume Tier 2. While the Exchange has encouraging those Members who could higher rebate ($0.0022) achieved by no way of predicting with certainty how not achieve the tier previously to certain order flow (Tier 1), and by the proposed tiers will impact Member increase their add and remove volume another, incrementally higher rebate activity, the Exchange anticipates that to receive the tier’s reduced rate. As ($0.0028) (achieved by certain over 10 Members will be able to such, adopting criteria based on a additional order flow plus meeting a compete for and reach proposed Tier 1 Member’s adding and removing orders Step-Up component (Tier 2). The and at least four Members will be able will encourage liquidity providing proposed enhanced rebate amounts to compete for and reach proposed Tier Members to provide for a deeper, more pursuant to the proposed Remove 2. The Exchange anticipates that both liquid market, and Members executing Volume Tiers also do not represent a tiers will include various Member types, on the Exchange to increase transactions significant departure from the rebates including liquidity providers (e.g. and take such execution opportunities currently offered, or required criteria, wholesale firms that mainly are market provided by increased liquidity. under the Exchange’s existing tiers. For makers for retail orders) and broker- Similarly, the Exchange believes that example, the discounted fees assessed dealers (e.g. bulge bracket firms that proposed Remove Volume Tier 2 is a under the existing Add Volume Tiers, conduct trading on behalf of customers), reasonable means to encourage overall for which a Member must have a daily each providing distinct types of order order flow to the Exchange. As volume add (ADAV) of 0.10% or greater flow to the Exchange to the benefit of all described above, Tier 2 is designed to than the TCV (Add Volume Tier 1) or market participants. For example, incentivize Member’s to increase their a daily volume add (ADAV) of 0.45% or broker-dealer customer order flow liquidity removing order flow to the greater than the TCV (Add Volume Tier provides more trading opportunities, Exchange based on increasing their 2), is $0.0026 per share and $0.0022 per which attracts Market Makers. Increased daily total remove volume above a share, respectively. In other words, Market Maker activity facilitates tighter percentage of the total volume and their under the Add Volume Tiers, Members spreads which potentially increases Step-Up remove TCV above a can receive a $0.0004 and $0.0008 order flow from other market percentage from October 2019. ‘‘discount’’, respectively, from the participants. The Exchange also notes Particularly, the Exchange believes that standard $0.0030 assessed for liquidity that the proposed tiers will not an increase in Members’ remove volume adding orders. This is comparable to the adversely impact any Member’s pricing will incentivize more Members to send proposed additional $0.0004 and or their ability to qualify for other rebate liquidity adding orders to the Exchange $0.0008 rebates (to the proposed tiers. Rather, should a Member not meet in response to the increase in number of $0.0018 standard rebate) offered under the proposed criteria under the orders removing such liquidity provided the proposed Remove Volume Tiers for respective tiers, the Member will merely on the Exchange. The Exchange believes liquidity removing orders. Also, as not receive an enhanced rebate. that an increase in overall order flow as stated, the proposed reduction in the Furthermore, the proposed enhanced a result of the proposed tiers would standard rebate offered for liquidity rebates would uniformly apply to all benefit all investors by deepening the removing orders is in line with rebates Members that meet the required criteria for liquidity removing orders in place under the respective proposed tiers. In Exchange’s liquidity pool, providing 19 greater execution incentives and on other equities exchanges. addition, the Exchange also believes The Exchange believes that the opportunities, offering additional that the proposed reduction in the proposal represents an equitable flexibility for all investors to enjoy cost standard rebate for a Member’s liquidity allocation of rebates and is not unfairly savings, supporting the quality of price removing orders represents an equitable discriminatory because all Members are discovery, promoting market allocation of rebates and is not unfairly eligible for the proposed Remove transparency and improving investor discriminatory because, as stated, it is Volume Tiers, and would have the appropriately in line with the protection. opportunity to meet the tier’s criteria incrementally increasing rebates offered In line with the proposed ease in and would receive the proposed rebate by the proposed Remove Volume Tiers, criteria difficulty under Tier 1, the if such criteria is met. Given previous and it will continue to automatically Exchange believes that providing a months’ data, the Exchange notes that apply to all Members’ liquidity lesser enhanced rebate than currently none of its Members reached current removing orders. offered is reasonable as it is Tier 1 in the last month.20 Accordingly, commensurate with the proposed the proposed ease in criteria for Tier 1 B. Self-Regulatory Organization’s decreased criteria. The Exchange also is designed as an incentive to any and Statement on Burden on Competition believes that the proposed enhanced all Members interested in meeting the The Exchange does not believe that rebate under Tier 2, which is higher tier criteria who were not previously the proposed rule change will impose than that of the Tier 1 rebate, reasonably able to meet such criteria to submit any burden on intramarket or reflects the scaled difficulty from additional add and remove order flow to intermarket competition that is not achieving Tier 1 to achieving the achieve the proposed discount. Without necessary or appropriate in furtherance additional Step-Up criteria and having a view of activity on other of the purposes of the Act. Rather, as incremental increase in the ADV markets and off-exchange venues, the discussed above, the Exchange believes threshold as a percentage TCV (as well Exchange has no way of knowing that the proposed change would as its narrower scope of remove volume encourage the submission of additional orders) in proposed Tier 2. The 19 See supra note 17 [sic]. order flow to a public exchange, thereby Exchange further notes that the 20 Previous months’ data is not indicative of those promoting market depth, execution reduction in the standard rebate offered firms that would have achieved proposed Tier 2 incentives and enhanced execution given that proposed Tier 2’s Step-Up Remove on the Exchange is reasonable because baseline is from October 2019, which has not yet opportunities, as well as price discovery it, too, appropriately reflects the concluded. and transparency for all Members. As a

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result, the Exchange believes that the intervention in determining prices, it appears to the Commission that such proposed change furthers the products, and services in the securities action is necessary or appropriate in the Commission’s goal in adopting markets. Specifically, in Regulation public interest, for the protection of Regulation NMS of fostering NMS, the Commission highlighted the investors, or otherwise in furtherance of competition among orders, which importance of market forces in the purposes of the Act. If the promotes ‘‘more efficient pricing of determining prices and SRO revenues Commission takes such action, the individual stocks for all types of orders, and, also, recognized that current Commission shall institute proceedings large and small.’’ 21 regulation of the market system ‘‘has under Section 19(b)(2)(B) 27 of the Act to The Exchange believes the proposed been remarkably successful in determine whether the proposed rule rule change does not impose any burden promoting market competition in its change should be approved or on intramarket competition that is not broader forms that are most important to disapproved. necessary or appropriate in furtherance investors and listed companies.’’ 23 The IV. Solicitation of Comments of the purposes of the Act. Particularly, fact that this market is competitive has the proposed change applies to all also long been recognized by the courts. Interested persons are invited to Members equally in that all Members In NetCoalition v. Securities and submit written data, views, and are eligible for the proposed tier, have Exchange Commission, the D.C. Circuit arguments concerning the foregoing, a reasonable opportunity to meet the stated as follows: ‘‘[n]o one disputes including whether the proposed rule tier’s criteria and will all receive the that competition for order flow is change is consistent with the Act. proposed rebates if such criteria is met. ‘fierce.’ . . . As the SEC explained, ‘[i]n Comments may be submitted by any of Additionally the proposed change is the U.S. national market system, buyers the following methods: designed to attract additional order flow and sellers of securities, and the broker- Electronic Comments to the Exchange. The Exchange believes dealers that act as their order-routing • that the modified tier criteria would agents, have a wide range of choices of Use the Commission’s internet incentivize market participants to direct where to route orders for execution’; comment form (http://www.sec.gov/ displayed liquidity and, as a result, [and] ‘no exchange can afford to take its rules/sro.shtml); or • Send an email to rule-comments@ executable order flow and improved market share percentages for granted’ sec.gov. Please include File No. SR- price transparency, to the Exchange. because ‘no exchange possesses a CboeEDGA–2019–019 on the subject Greater overall order flow and pricing monopoly, regulatory or otherwise, in line. transparency benefits all market the execution of order flow from broker participants on the Exchange by dealers’. . . .’’.24 Accordingly, the Paper Comments providing more trading opportunities, Exchange does not believe its proposed • Send paper comments in triplicate enhancing market quality, and fee change imposes any burden on to Secretary, Securities and Exchange continuing to encourage Members to competition that is not necessary or Commission, 100 F Street NE, send orders, thereby contributing appropriate in furtherance of the Washington, DC 20549–1090. towards a robust and well-balanced purposes of the Act. All submissions should refer to File No. market ecosystem, which benefits all C. Self-Regulatory Organization’s SR-CboeEDGA–2019–019. This file market participants. number should be included on the Next, the Exchange believes the Statement on Comments on the subject line if email is used. To help the proposed rule change does not impose Proposed Rule Change Received From Commission process and review your any burden on intermarket competition Members, Participants, or Others comments more efficiently, please use that is not necessary or appropriate in The Exchange has not solicited, and only one method. The Commission will furtherance of the purposes of the Act. does not intend to solicit, comments on post all comments on the Commission’s As previously discussed, the Exchange this proposed rule change. The internet website (http://www.sec.gov/ operates in a highly competitive market. Exchange has not received any rules/sro.shtml). Copies of the Members have numerous alternative unsolicited written comments from submission, all subsequent venues that they may participate on and Members or other interested parties. amendments, all written statements direct their order flow, including 12 III. Date of Effectiveness of the with respect to the proposed rule other equities exchanges and off- Proposed Rule Change and Timing for change that are filed with the exchange venues and alternative trading Commission Action Commission, and all written systems. Additionally, the Exchange communications relating to the represents a small percentage of the The foregoing rule change is effective proposed rule change between the overall market. Based on publicly upon filing pursuant to Section 25 Commission and any person, other than available information, no single equities 19(b)(3)(A) of the Act and 26 those that may be withheld from the exchange has more than 18% of the subparagraph (f)(2) of Rule 19b–4 public in accordance with the market share.22 Therefore, no exchange thereunder, because it establishes a due, provisions of 5 U.S.C. 552, will be possesses significant pricing power in fee, or other charge imposed by the available for website viewing and the execution of order flow. Indeed, Exchange. printing in the Commission’s Public participants can readily choose to send At any time within 60 days of the Reference Room, 100 F Street NE, their orders to other exchange and off- filing of such proposed rule change, the Washington, DC 20549, on official exchange venues if they deem fee levels Commission summarily may business days between the hours of at those other venues to be more temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the favorable. Moreover, the Commission 23 See Securities Exchange Act Release No. 51808 filing also will be available for has repeatedly expressed its preference (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). inspection and copying at the principal for competition over regulatory 24 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. office of the Exchange. All comments Cir. 2010) (quoting Securities Exchange Act Release received will be posted without change. 21 Securities Exchange Act Release No. 51808, 70 No. 59039 (December 2, 2008), 73 FR 74770, 74782– FR 37495, 37498–99 (June 29, 2005) (S7–10–04) 83 (December 9, 2008) (SR–NYSEArca–2006–21)). Persons submitting comments are (Final Rule). 25 15 U.S.C. 78s(b)(3)(A). 22 See supra note 3 [sic]. 26 17 CFR 240.19b–4(f)(2). 27 15 U.S.C. 78s(b)(2)(B).

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cautioned that we do not redact or edit and at the Commission’s Public therefore proposes to amend BZX Rule personal identifying information from Reference Room. 11.23(a)(9) such that the FLSET would comment submissions. You should II. Self-Regulatory Organization’s be set by the last round lot trade submit only information that you wish Statement of the Purpose of, and occurring during Regular Trading Hours to make available publicly. All Statutory Basis for, the Proposed Rule on the Exchange if the trade was submissions should refer to File No. SR- Change executed within the last one second CboeEDGA–2019–019, and should be prior to either the Closing Auction or, submitted on or before December 12, In its filing with the Commission, the for Halt Auctions, trading in the security Exchange included statements 2019. being halted. concerning the purpose of and basis for For the Commission, by the Division of In addition, BZX Rule 11.23(a)(9) Trading and Markets, pursuant to delegated the proposed rule change and discussed authority.28 any comments it received on the further provides that where the trade Jill M. Peterson, proposed rule change. The text of these was not executed within the last one second, the last trade reported to the Assistant Secretary. statements may be examined at the places specified in Item IV below. The consolidated tape received by BZX [FR Doc. 2019–25211 Filed 11–20–19; 8:45 am] Exchange has prepared summaries, set Exchange during Regular Trading Hours BILLING CODE 8011–01–P forth in sections A, B, and C below, of and, where applicable, prior to trading the most significant aspects of such in the security being halted will be SECURITIES AND EXCHANGE statements. used. The Exchange proposes two COMMISSION A. Self-Regulatory Organization’s changes to this language. First, the Statement of the Purpose of, and Exchange proposes to replace language [Release No. 34–87547; File No. SR– that references ‘‘BZX Exchange’’ with CboeBZX–2019–095] Statutory Basis for, the Proposed Rule Change simply ‘‘the Exchange’’ consistent with the defined term codified in BZX Rule Self-Regulatory Organizations; Cboe 1. Purpose BZX Exchange, Inc.; Notice of Filing 1.5(k) and used throughout the and Immediate Effectiveness of a The purpose of the proposed rule rulebook. Second, the Exchange Proposed Rule Change To Amend the change is to amend the definition of the proposes to amend the rule such that Definition of the Final Last Sale Final Last Sale Eligible Trade (‘‘FLSET’’) the last round lot trade reported to the Eligible Trade such that odd lot trades executed on consolidated tape received by the BZX would not be eligible to establish Exchange during Regular Trading Hours November 15, 2019. the FLSET for a security. The FLSET is and, where applicable, prior to trading Pursuant to Section 19(b)(1) of the used by the Exchange for a number of in the security being halted will be Securities Exchange Act of 1934 important purposes related to auctions used. Although the Exchange has (‘‘Act’’),1 and Rule 19b–4 thereunder,2 in BZX-listed securities. For example, generally interpreted this requirement to notice is hereby given that on November the FLSET sets the Halt Auction convey that the last round lot trade 12, 2019, Cboe BZX Exchange, Inc. Reference Price for Halt Auctions reported to the consolidated tape, i.e., (‘‘BZX’’ or ‘‘Exchange’’) filed with the following Non-LULD Regulatory Halts,3 consolidated last sale eligible trade, Securities and Exchange Commission and, in some cases, becomes the BZX would set the FLSET, it is currently (‘‘SEC’’ or ‘‘Commission’’) the proposed Official Closing Price for a security possible for an odd lot trade that was rule change as described in Items I and where there is no Closing Auction, or II below, which Items have been where there is a Closing Auction but executed in the Exchange’s Opening prepared by the Exchange. The only an odd lot quantity is executed.4 Auction to set the FLSET in limited Commission is publishing this notice to Today, pursuant to BZX Rule circumstances where the opening print solicit comments on the proposed rule 11.23(a)(9), the last trade occurring was the last reported trade. Thus, change from interested persons. during Regular Trading Hours on the adding this language to the rule would Exchange sets the FLSET if the trade both increase clarity now that odd lot I. Self-Regulatory Organization’s was executed within the last one second trades are reported to the consolidated Statement of the Terms of Substance of 5 prior to either the Closing Auction or, tape, and ensure that odd lot Opening the Proposed Rule Change for Halt Auctions, trading in the security Auctions would no longer be used to set Cboe BZX Exchange, Inc. (‘‘BZX’’ or being halted. The last trade executed on the FLSET. Further, the proposed the ‘‘Exchange’’) is filing with the BZX during Regular Trading Hours change would assist in conforming the Securities and Exchange Commission could be for a round lot or odd lot descriptions in the rule given the (the ‘‘Commission’’) a proposed rule quantity. The Exchange believes, changes previously discussed to the change to amend the definition of the however, that it is undesirable for an FLSET definition to explicitly reference Final Last Sale Eligible Trade (‘‘FLSET’’) odd lot execution that may be for an round lot trades in the first part of the such that odd lot trades executed on economically insignificant notional rule. As is the case today, if there is no BZX would not be eligible to establish value to set the FLSET. The Exchange qualifying trade for the current day, the the FLSET for a security. The text of the BZX Official Closing Price from the proposed rule change is provided in 3 See BZX Rule 11.23(d)(2)(C)(i)(B). previous trading day would continue to Exhibit 5. 4 See BZX Rule 11.23(c)(2)(B), (B)(ii)(a). For BZX- be used. The text of the proposed rule change listed corporate securities, the FLSET would be the BZX Official Closing price if there is no Closing is also available on the Exchange’s Auction. If there is no round lot Closing Auction 5 Historically, odd lot trades were not reported to website (http://markets.cboe.com/us/ in a BZX-listed ETP, the FLSET would be the BZX the consolidated tape. In 2013, the CTA and UTP equities/regulation/rule_filings/bzx/), at Official Closing Price if a trade that would qualify Plans were amended such that odd lot trades would the Exchange’s Office of the Secretary, as the FLSET occurred within the last five minutes be reported but would continue to be ineligible to before the end of Regular Trading Hours, or if there set the consolidated last sale. See Securities is no such qualifying trade but a time-weighted Exchange Act Release Nos. 70794 (October 31, 28 17 CFR 200.30–3(a)(12). average price of the NBBO midpoint cannot be 2013), 78 FR 66789 (November 6, 2013) (SR–CTA– 1 15 U.S.C. 78s(b)(1). determined pursuant to BZX Rule 2013–05), 70793 (October 31, 2013), 78 FR 66788 2 17 CFR 240.19b–4. 11.23(c)(2)(B)(ii)(b). (November 6, 2013) (S7–24–89).

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2. Statutory Basis executions in similar situations. 8 Arca’s III. Date of Effectiveness of the The Exchange believes the proposed auction processes are not identical to Proposed Rule Change and Timing for rule change is consistent with the those of the Exchange—e.g., Arca uses a Commission Action requirements of Section 6(b) of the Act,6 weighting of the consolidated last sale The Exchange has filed the proposed in general, and Section 6(b)(5) of the eligible trade and the time weighted rule change pursuant to Section Act,7 in particular, in that it is designed average price of the NBBO midpoint to 19(b)(3)(A)(iii) of the Act 10 and Rule set the official closing price in certain 11 to remove impediments to and perfect 9 19b–4(f)(6) thereunder. Because the the mechanism of a free and open circumstances. Nevertheless, Arca proposed rule change does not: (i) market and a national market system, to similarly excludes odd lot executions Significantly affect the protection of promote just and equitable principles of from its last sale formulation where investors or the public interest; (ii) trade, and, in general, to protect relevant to its auction process. The impose any significant burden on investors and the public interest and not Exchange believes that a similar competition; and (iii) become operative to permit unfair discrimination between restriction would be appropriate for its for 30 days from the date on which it customers, issuers, brokers, or dealers. FLSET formulation, notwithstanding was filed, or such shorter time as the The FLSET is the last sale formulation any differences in the auction processes Commission may designate, if designed for use in BZX auctions employed by each exchange. consistent with the protection of pursuant to BZX Rule 11.23, and is used The Exchange also notes that investors and the public interest, the for a number of purposes including to clarifying change to replace the term proposed rule change has become set various reference prices, and in some ‘‘BZX Exchange’’ with ‘‘the Exchange’’ effective pursuant to Section 19(b)(3)(A) cases to set the BZX Official Closing as defined pursuant to the Exchange’s of the Act 12 and Rule 19b–4(f)(6) Price in the absence of a Closing rules is non-substantive and is being thereunder.13 Auction where sufficient size is made to enhance the readability of the A proposed rule change filed under executed to set the closing price. Given Exchange’s rules. The Exchange Rule 19b–4(f)(6) 14 normally does not the importance of the FLSET to the therefore believes that this change is become operative for 30 days after the Exchange’s auction processes, the consistent with the protection of date of the filing. However, pursuant to Exchange believes that it is consistent investors and the public interest. Rule 19b–4(f)(6)(iii),15 the Commission with the public interest and the B. Self-Regulatory Organization’s may designate a shorter time if such protection of investors to eliminate odd Statement on Burden on Competition action is consistent with the protection lot executions from the FLSET of investors and the public interest. The determination. Today, as discussed in The Exchange does not believe that Exchange has requested that the the purpose section of this proposed the proposed rule change would impose Commission waive the 30-day operative rule change, only round lot executions any burden on competition that is not delay so that the proposed rule change from other exchanges are eligible to necessary or appropriate in furtherance may become operative immediately. In establish the FLSET used by BZX but an of the purposes of the Act. The its request, the Exchange states that it odd lot trade on BZX would proposed rule change is designed to currently uses a combination of both nevertheless be FLSET eligible if ensure that the FLSET continues to be round lot and odd lot trades in executed in the last one second, or in a meaningful value to be used for calculating the FLSET while other limited circumstances where an odd lot auctions in BZX-listed securities. The exchanges disregard odd lot executions Opening Auction sets the last reported Exchange believes the proposed changes in similar situations, and expresses its trade. Further, this may be true whether would improve the experience of belief that it is desirable to limit the or not there is a round lot execution on members and investors trading on the FLSET to round lot executions as it the Exchange or another exchange that Exchange without imposing any would help to ensure that the FLSET would otherwise have set the FLSET, significant burden on competition. In represents an economically significant and that would have been for a more today’s highly competitive market, the last sale price to be utilized for its economically significant notional value. Exchange must continually refine its auction processes. The Exchange states The consolidated last sale price offerings to ensure the best trading that waiver of the operative delay would disseminated pursuant to the CTA and experience for members and investors. allow it to promptly amend its rules to UTP Plans similarly disregard odd lot Rather than burden competition, the ensure that only round lot trades are executions in an effort to ensure that Exchange believes that the proposed eligible to set the FLSET, to the benefit such last sale prices remain rule change is evidence of robust of members and investors, and is economically significant, even though competition between equities markets therefore consistent with the protection the CTA and UTP Plans otherwise that benefits the industry. of investors and the public interest. The provide transparency into odd lot Commission believes that waiving the C. Self-Regulatory Organization’s executions. The Exchange believes that 30-day operative delay is consistent Statement on Comments on the it is similarly appropriate to limit the with the protection of investors and the Proposed Rule Change Received From Exchange’s last sale calculation, i.e., the Members, Participants, or Others FLSET, to round lot executions to 10 15 U.S.C. 78s(b)(3)(A)(iii). 11 ensure that this value represents an No comments were solicited or 17 CFR 240.19b–4(f)(6). economically significant last sale price 12 15 U.S.C. 78s(b)(3)(A). received on the proposed rule change. 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– to be utilized for the Exchange’s auction 4(f)(6)(iii) requires the Exchange to give the processes. With this change, the 8 For example, the last consolidated round lot Commission written notice of the Exchange’s intent Exchange’s FLSET calculation will also price is ordinarily used to set the reference price for to file the proposed rule change, along with a brief be more aligned with other equities trading halt auctions on Arca. See Arca Rule 7.35– description and text of the proposed rule change, exchanges, such as NYSE Arca, Inc. E(a)(8)(A). Similarly, the consolidated last sale at least five business days prior to the date of filing eligible trade, which as previously explained must of the proposed rule change, or such shorter time (‘‘Arca’’) that also disregard odd lot be for a round lot, may be used in determining the as designated by the Commission. The Exchange official closing price on Arca. See Arca Rule has satisfied this requirement. 6 15 U.S.C. 78f(b). 1.1(ll)(1). 14 17 CFR 240.19b–4(f)(6). 7 15 U.S.C. 78f(b)(5). 9 See Arca Rule 1.1(ll)(1). 15 17 CFR 240.19b–4(f)(6)(iii).

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public interest, and therefore hereby Reference Room, 100 F Street NE, at the Commission’s Public Reference waives the 30-day operative delay and Washington, DC 20549, on official Room. designates the proposal operative upon business days between the hours of II. Self-Regulatory Organization’s filing.16 10:00 a.m. and 3:00 p.m. Copies of the Statement of the Purpose of, and At any time within 60 days of the filing also will be available for Statutory Basis for, the Proposed Rule filing of the proposed rule change, the inspection and copying at the principal Change Commission summarily may office of the Exchange. All comments temporarily suspend such rule change if received will be posted without change. In its filing with the Commission, the it appears to the Commission that such Persons submitting comments are self-regulatory organization included action is necessary or appropriate in the cautioned that we do not redact or edit statements concerning the purpose of, public interest, for the protection of personal identifying information from and basis for, the proposed rule change investors, or otherwise in furtherance of comment submissions. You should and discussed any comments it received the purposes of the Act. If the submit only information that you wish on the proposed rule change. The text Commission takes such action, the to make available publicly. All of those statements may be examined at Commission shall institute proceedings submissions should refer to File No. the places specified in Item IV below. to determine whether the proposed rule SR–CboeBZX–2019–095, and should be The Exchange has prepared summaries, change should be approved or submitted on or before December 12, set forth in sections A, B, and C below, disapproved. 2019. of the most significant parts of such statements. IV. Solicitation of Comments For the Commission, by the Division of Trading and Markets, pursuant to delegated A. Self-Regulatory Organization’s Interested persons are invited to 17 authority. Statement of the Purpose of, and the submit written data, views, and Jill M. Peterson, Statutory Basis for, the Proposed Rule arguments concerning the foregoing, Assistant Secretary. Change including whether the proposed rule change is consistent with the Act. [FR Doc. 2019–25208 Filed 11–20–19; 8:45 am] 1. Purpose BILLING CODE 8011–01–P Comments may be submitted by any of The Exchange proposes to amend its the following methods: annual listing fees for equities set forth Electronic Comments SECURITIES AND EXCHANGE in Section 141 of the NYSE American • COMMISSION Company Guide (the ‘‘Company Guide’’) Use the Commission’s internet with effect from the beginning of the comment form (http://www.sec.gov/ [Release No. 34–87555; File No. SR– calendar year commencing on January 1, rules/sro.shtml); or NYSEAMER–2019–49] • 2020. These amendments only reflect Send an email to rule-comments@ changes in the amounts charged on an Self-Regulatory Organizations; NYSE sec.gov. Please include File Number SR– annual basis for listed securities and do American LLC; Notice of Filing and CboeBZX–2019–095 on the subject line. not reflect any change in the services Immediate Effectiveness of a Proposed Paper Comments provided to the issuer in connection Rule Change Amending Its Annual with such listing. • Send paper comments in triplicate Listing Fees for Equity Securities Currently, the annual fee schedule in to Secretary, Securities and Exchange relation to any listed issue of equity Commission, 100 F Street NE, November 15, 2019. 1 securities is as follows: $45,000 for Washington, DC 20549–1090. Pursuant to Section 19(b)(1) of the issues of 50 million shares or fewer; All submissions should refer to File No. Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 $60,000 for issues of more than 50 SR–CboeBZX–2019–095. This file million shares and not more than 75 number should be included on the notice is hereby given that, on November 4, 2019, NYSE American LLC million shares; and $70,000 for issues subject line if email is used. To help the with in excess of 75 million shares Commission process and review your (‘‘NYSE American’’ or the ‘‘Exchange’’) filed with the Securities and Exchange outstanding. The Exchange proposes to comments more efficiently, please use increase the annual fee for issues of 50 only one method. The Commission will Commission (the ‘‘Commission’’) the proposed rule change as described in million shares or fewer from $45,000 to post all comments on the Commission’s $50,000. In addition, it proposes to internet website (http://www.sec.gov/ Items I, II, and III below, which Items have been prepared by the self- charge $70,000 for all issues with more rules/sro.shtml). Copies of the than 50 million shares outstanding (i.e., submission, all subsequent regulatory organization. The Commission is publishing this notice to an increase of $10,000 for issues with amendments, all written statements more than 50 million shares and not with respect to the proposed rule solicit comments on the proposed rule change from interested persons. more than 75 million shares outstanding change that are filed with the and no increase with respect to any Commission, and all written I. Self-Regulatory Organization’s issue with more than 75 million shares communications relating to the Statement of the Terms of Substance of outstanding). proposed rule change between the the Proposed Rule Change The Exchange proposes to make the Commission and any person, other than The Exchange proposes to amend its aforementioned fee increases in Section those that may be withheld from the annual listing fees for equity securities. 141 to reflect increases in the cost of public in accordance with the The proposed change is available on the servicing listings and conducting the provisions of 5 U.S.C. 552, will be Exchange’s website at www.nyse.com, at required associated regulatory oversight. available for website viewing and the principal office of the Exchange, and The revised fees will be applied in the printing in the Commission’s Public same manner to all issuers and the

17 changes will not disproportionately 16 For purposes only of waiving the 30-day 17 CFR 200.30–3(a)(12), (59). operative delay, the Commission has considered the 1 15 U.S.C. 78s(b)(1). affect any specific category of issuers. proposed rule’s impact on efficiency, competition, 2 15 U.S.C. 78a. The Exchange believes that it is and capital formation. See 15 U.S.C. 78c(f). 3 17 CFR 240.19b–4. appropriate to adopt a two-tier annual

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listing fee schedule rather than the between competitor exchanges proposed rule change is designed to current three-tier approach is equitable demonstrates that issuers can choose ensure that the fees charged by the [sic] because the Exchange has observed different listing markets in response to Exchange accurately reflect the services that the costs associated with servicing fee changes. Accordingly, competitive provided and benefits realized by listed the listings of issuers in the two current forces constrain exchange listing fees. companies. The market for listing higher tiers are generally very similar Stated otherwise, changes to exchange services is extremely competitive. Each and the proposed merging of those tiers listing fees can have a direct effect on listing exchange has a different fee therefore better aligns the fee structure the ability of an exchange to compete for schedule that applies to issuers seeking with the costs associated with listing new listings and retain existing listings. to list securities on its exchange. Issuers those issuers. Given this competitive environment, have the option to list their securities on The Exchange also proposes to the small increase to the annual fees for these alternative venues based on the remove from Section 141 several equity securities represents a reasonable fees charged and the value provided by references to fee provisions that are no attempt to address the Exchange’s each listing. Because issuers have a longer relevant, as those fee rates are no increased costs in servicing these choice to list their securities on a longer applicable. listings while continuing to attract and different national securities exchange, retain listings. 2. Statutory Basis the Exchange does not believe that the The Proposal Is an Equitable Allocation proposed fee changes impose a burden The Exchange believes that the on competition. proposed rule change is consistent with of Fees Section 6(b) of the Act,4 in general, and The Exchange believes its proposal Intramarket Competition furthers the objectives of Section equitably allocates its fees among its The proposed amended fees will be 6(b)(4) 5 of the Act, in particular, in that market participants. Adopting a two-tier charged to all listed issuers on the same it is designed to provide for the annual listing fee schedule rather than basis. The Exchange does not believe equitable allocation of reasonable dues, the current three-tier approach is that the proposed amended fees will fees, and other charges. The Exchange equitable because the Exchange has have any meaningful effect on the also believes that the proposed rule observed that the costs associated with competition among issuers listed on the change is consistent with Section 6(b)(5) servicing the listings of issuers in the Exchange. of the Act,6 in that it is designed to two current higher tiers are generally promote just and equitable principles of very similar and the proposed merging Intermarket Competition trade, to foster cooperation and of those tiers therefore better aligns the The Exchange operates in a highly coordination with persons engaged in fee structure with the costs associated competitive market in which issuers can regulating, clearing, settling, processing with listing those issuers. readily choose to list new securities on information with respect to, and other exchanges and transfer listings to The Proposal Is Not Unfairly facilitating transactions in securities, to other exchanges if they deem fee levels Discriminatory remove impediments to and perfect the at those other venues to be more mechanism of a free and open market The Exchange believes that the favorable. Because competitors are free and a national market system, and, in proposal is not unfairly discriminatory to modify their own fees in response, general, to protect investors and the because the same fee schedule will and because issuers may change their public interest and is not designed to apply to all listed issuers. Further, the chosen listing venue, the Exchange does permit unfair discrimination between Exchange operates in a competitive not believe its proposed fee changes can customers, issuers, brokers, or dealers. environment and its fees are constrained impose any burden on intermarket by competition in the marketplace. competition The Proposed Change Is Reasonable Other venues currently list all of the The Exchange operates in a highly categories of securities covered by the C. Self-Regulatory Organization’s competitive marketplace for the listing proposed fees and if a company believes Statement on Comments on the of equity securities. The Commission that the Exchange’s fees are Proposed Rule Change Received From has repeatedly expressed its preference unreasonable it can decide either not to Members, Participants, or Others for competition over regulatory list its securities or to list them on an No written comments were solicited intervention in determining prices, alternative venue. or received with respect to the proposed products, and services in the securities Finally, the Exchange believes that it rule change. is subject to significant competitive markets. Specifically, in Regulation III. Date of Effectiveness of the forces, as described below in the NMS, the Commission highlighted the Proposed Rule Change and Timing for Exchange’s statement regarding the importance of market forces in Commission Action determining prices and SRO revenues burden on competition. and, also, recognized that current The proposed removal of text relating The foregoing rule change is effective regulation of the market system ‘‘has to fees that are no longer applicable is upon filing pursuant to Section been remarkably successful in ministerial in nature and has no 19(b)(3)(A) 8 of the Act and promoting market competition in its substantive effect. subparagraph (f)(2) of Rule 19b–4 9 broader forms that are most important to For the foregoing reasons, the thereunder, because it establishes a due, investors and listed companies.’’ 7 Exchange believes that the proposal is fee, or other charge imposed by the The Exchange believes that the ever- consistent with the Act. Exchange. At any time within 60 days of the shifting market share among the B. Self-Regulatory Organization’s filing of such proposed rule change, the exchanges with respect to new listings Statement on Burden on Competition and the transfer of existing listings Commission summarily may The Exchange does not believe that temporarily suspend such rule change if 4 15 U.S.C. 78f(b). the proposed rule change will impose it appears to the Commission that such 5 15 U.S.C. 78f(b)(4). any burden on competition that is not 6 15 U.S.C. 78f(b)(5). necessary or appropriate in furtherance 8 15 U.S.C. 78s(b)(3)(A). 7 See Regulation NMS, 70 FR at 37499. of the purposes of the Act. The 9 17 CFR 240.19b–4(f)(2).

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action is necessary or appropriate in the submissions. You should submit only and (C) below, of the most significant public interest, for the protection of information that you wish to make aspects of these statements. investors, or otherwise in furtherance of available publicly. All submissions (A) Clearing Agency’s Statement of the the purposes of the Act. If the should refer to File Number SR– Purpose of, and Statutory Basis for, the Commission takes such action, the NYSEAMER–2019–49 and should be Proposed Rule Change Commission shall institute proceedings submitted on or before December 12, under Section 19(b)(2)(B) 10 of the Act to 2019. (a) Purpose determine whether the proposed rule For the Commission, by the Division of ICC proposes to revise its Treasury change should be approved or Trading and Markets, pursuant to delegated Policy. Specifically, ICC proposes disapproved. 11 authority. clarification updates related to its use of IV. Solicitation of Comments Jill M. Peterson, a committed repurchase (‘‘repo’’) Assistant Secretary. Interested persons are invited to facility, acceptable forms of United submit written data, views, and [FR Doc. 2019–25210 Filed 11–20–19; 8:45 am] States (‘‘US’’) Treasury collateral, and arguments concerning the foregoing, BILLING CODE 8011–01–P its collateral valuation process. ICC including whether the proposed rule believes that such revisions will change is consistent with the Act. facilitate the prompt and accurate SECURITIES AND EXCHANGE clearance and settlement of securities Comments may be submitted by any of COMMISSION the following methods: transactions and derivative agreements, [Release No. 34–87549; File No. SR–ICC– contracts, and transactions for which it Electronic Comments 2019–012] is responsible. ICC proposes to make • Use the Commission’s internet such changes effective following comment form (http://www.sec.gov/ Self-Regulatory Organizations; ICE Commission approval of the proposed rules/sro.shtml); or Clear Credit LLC; Notice of Filing of rule change. The proposed revisions are • Send an email to rule-comments@ Proposed Rule Change Relating to described in detail as follows. sec.gov. Please include File Number SR– ICC’s Treasury Operations Policies ICC proposes amendments to the NYSEAMER–2019–49 on the subject and Procedures ‘Funds Management’ section with line. November 15, 2019. respect to its use of a committed repo Paper Comments Pursuant to Section 19(b)(1) of the facility. Namely, ICC proposes to clarify that the committed repo facility can be • Securities Exchange Act of 1934, 15 Send paper comments in triplicate used to generate temporary liquidity to: Secretary, Securities and Exchange U.S.C. 78s(b)(1) and Rule 19b–4, 17 CFR 240.19b–4, notice is hereby given that through the sale and agreement to Commission, 100 F Street NE, repurchase securities pledged by ICC Washington, DC 20549–1090. on November 1, 2019, ICE Clear Credit LLC (‘‘ICC’’) filed with the Securities Clearing Participants (‘‘CPs’’) to satisfy All submissions should refer to File and Exchange Commission the proposed their Initial Margin (‘‘IM’’) and Guaranty Number SR–NYSEAMER–2019–49. This rule change as described in Items I, II, Fund (‘‘GF’’) requirements. ICC file number should be included on the and III below, which Items have been proposes to include that, when subject line if email is used. To help the prepared primarily by ICC. The applicable, the facility can be used to Commission process and review your Commission is publishing this notice to rehypothecate sovereign debt from comments more efficiently, please use solicit comments on the proposed rule overnight repo investments in the event only one method. The Commission will change from interested persons. of a counterparty default. ICC also post all comments on the Commission’s proposes to note that the facility can be internet website (http://www.sec.gov/ I. Clearing Agency’s Statement of the used to sell, with the agreement to rules/sro.shtml). Copies of the Terms of Substance of the Proposed repurchase, sovereign debt securities submission, all subsequent Rule Change that are held by ICC pursuant to direct amendments, all written statements The principal purpose of the investments in such securities. with respect to the proposed rule proposed rule change is to revise the ICC proposes to update the ‘Custodial change that are filed with the ICC Treasury Operations Policies and Assets’ section regarding acceptable Commission, and all written Procedures (‘‘Treasury Policy’’). These forms of US Treasury collateral and communications relating to the revisions do not require any changes to ICC’s collateral valuation process. proposed rule change between the the ICC Clearing Rules (the ‘‘Rules’’). Under the Treasury Policy, acceptable Commission and any person, other than forms of non-cash collateral for IM and II. Clearing Agency’s Statement of the those that may be withheld from the GF are limited to US Treasury Purpose of, and Statutory Basis for, the public in accordance with the securities. ICC proposes to specify that Proposed Rule Change provisions of 5 U.S.C. 552, will be Floating Rate Notes and STRIPS are not available for website viewing and In its filing with the Commission, ICC acceptable forms of US Treasury printing in the Commission’s Public included statements concerning the collateral for IM and GF. ICC also Reference Room, 100 F Street NE, purpose of and basis for the proposed proposes to add language stating that, Washington, DC 20549 on official rule change, security-based swap with respect to its collateral valuation business days between the hours of submission, or advance notice and process, Euros that are used to cover a 10:00 a.m. and 3:00 p.m. Copies of the discussed any comments it received on US Dollar denominated product filing also will be available for the proposed rule change, security- requirement will be subject to a haircut. inspection and copying at the principal based swap submission, or advance office of the Exchange. All comments notice. The text of these statements may (b) Statutory Basis received will be posted without change; be examined at the places specified in Section 17A(b)(3)(F) of the Act 1 the Commission does not edit personal Item IV below. ICC has prepared requires, among other things, that the identifying information from summaries, set forth in sections (A), (B), rules of a clearing agency be designed to

10 15 U.S.C. 78s(b)(2)(B). 11 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78q–1(b)(3)(F).

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promote the prompt and accurate withstand, at a minimum, a default by changes are therefore reasonably clearance and settlement of securities the two CP families to which it has the designed to meet the requirements of transactions, and to the extent largest exposures in extreme but Rule 17Ad–22(d)(3).8 applicable, derivative agreements, plausible market conditions. ICC (B) Clearing Agency’s Statement on contracts and transactions; to assure the believes that the proposed changes safeguarding of securities and funds enhance its ability to manage its Burden on Competition which are in the custody or control of financial resources, including by more ICC does not believe the proposed the clearing agency or for which it is clearly articulating details related to the rule change would have any impact, or responsible; and to comply with the use of the committed repo facility, impose any burden, on competition. provisions of the Act and the rules and acceptable forms of US Treasury The proposed changes to ICC’s Treasury regulations thereunder. ICC believes collateral, and the collateral valuation Policy will apply uniformly across all that the proposed rule change is process. Specifically, the additional market participants. Therefore, ICC does consistent with the requirements of the details relating to ICC’s use of a not believe the proposed rule change Act and the rules and regulations committed repo facility clarify, among imposes any burden on competition that thereunder applicable to ICC, in other things, that when applicable, the is inappropriate in furtherance of the particular, to Section 17(A)(b)(3)(F),2 facility can be used to rehypothecate purposes of the Act. because ICC believes that the proposed sovereign debt from overnight repo (C) Clearing Agency’s Statement on rule change will promote the prompt investments in the event of a and accurate clearance and settlement of counterparty default. The proposed Comments on the Proposed Rule securities transactions, derivatives changes also identify Floating Rate Change Received From Members, agreements, contracts, and transactions, Notes and STRIPS as unacceptable Participants or Others and contribute to the safeguarding of forms of US Treasury collateral for IM Written comments relating to the securities and funds associated with and GF and, with respect to the proposed rule change have not been security-based swap transactions in collateral valuation process, specify that solicited or received. ICC will notify the ICC’s custody or control, or for which Euros that are used to cover a US Dollar Commission of any written comments ICC is responsible. The proposed denominated product requirement will received by ICC. changes allow ICC to provide additional be subject to a haircut. Such proposed III. Date of Effectiveness of the clarity regarding its use of the changes strengthen the documentation Proposed Rule Change and Timing for committed repo facility, acceptable of ICC’s treasury operations, which Commission Action forms of US Treasury collateral, and its supports ICC’s ability to maintain collateral valuation process. The sufficient financial resources to Within 45 days of the date of proposed updates ensure that the withstand, at a minimum, a default by publication of this notice in the Federal documentation of ICC’s Treasury Policy the two CP families to which it has the Register or within such longer period remains up-to-date, transparent, and largest exposures in extreme but up to 90 days (i) as the Commission may focused on clearly articulating the plausible market conditions, consistent designate if it finds such longer period policies and procedures used to support with the requirements of Rule 17Ad– to be appropriate and publishes its ICC’s treasury functions, which 22(b)(3).6 reasons for so finding or (ii) as to which promotes the prompt and accurate Rule 17Ad–22(d)(3) 7 requires ICC to the self-regulatory organization clearance and settlement of securities establish, implement, maintain and consents, the Commission will: transactions, derivatives agreements, enforce written policies and procedures (A) By order approve or disapprove contracts, and transactions and reasonably designed to hold assets in a such proposed rule change, or contributes to the safeguarding of manner that minimizes risk of loss or of (B) institute proceedings to determine securities and funds which are in the delay in its access to them and to invest whether the proposed rule change custody or control of ICC or for which assets in instruments with minimal should be disapproved. it is responsible. As such, the proposed credit, market, and liquidity risks. The IV. Solicitation of Comments rule change is designed to promote the proposed changes strengthen ICC’s prompt and accurate clearance and ability to safeguard assets and limit the Interested persons are invited to settlement of securities transactions, potential for loss or delay in access to submit written data, views, and derivatives agreements, contracts, and such assets by ensuring that ICC has arguments concerning the foregoing, transactions and to contribute to the clear and comprehensive procedures for including whether the proposed rule safeguarding of securities and funds the use of the committed repo facility, change is consistent with the Act. associated with security-based swap transparent and well-documented Comments may be submitted by any of transactions in ICC’s custody or control, policies regarding acceptable types of the following methods: US Treasury collateral, and clear and or for which ICC is responsible within Electronic Comments the meaning of Section 17A(b)(3)(F) of effective procedures for collateral • the Act.3 valuation. Moreover, ICC believes that Use the Commission’s internet In addition, the proposed rule change having policies and procedures that comment form (http://www.sec.gov/ is consistent with the relevant clearly and accurately document ICC’s rules/sro.shtml); or requirements of Rule 17Ad–22.4 Rule treasury functions are an important • Send an email to rule-comments@ 17Ad–22(b)(3) 5 requires ICC to component to the effectiveness of ICC’s sec.gov. Please include File Number SR– establish, implement, maintain and treasury operations, which promote ICC–2019–012 on the subject line. ICC’s ability to hold assets in a manner enforce written policies and procedures Paper Comments reasonably designed to maintain that minimizes risk of loss or of delay sufficient financial resources to in its access to them and to invest assets Send paper comments in triplicate to in instruments with minimal credit, Secretary, Securities and Exchange 2 Id. market, and liquidity risks. Such Commission, 100 F Street NE, 3 Id. Washington, DC 20549. 4 17 CFR 240.17Ad–22. 6 Id. 5 17 CFR 240.17Ad–22(b)(3). 7 17 CFR 240.17Ad–22(d)(3). 8 Id.

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All submissions should refer to File SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Number SR–ICC–2019–012. This file COMMISSION Statement of the Purpose of, and number should be included on the Statutory Basis for, the Proposed Rule subject line if email is used. To help the [Release No. 34–87552; File No. SR–NYSE– Change Commission process and review your 2019–59] 1. Purpose comments more efficiently, please use only one method. The Commission will Self-Regulatory Organizations; New The Exchange proposes to amend its post all comments on the Commission’s York Stock Exchange LLC; Notice of Price List to revise the Step Up Tier 2 internet website (http://www.sec.gov/ Filing and Immediate Effectiveness of Adding Credit in Tape A securities. The proposed changes respond to the rules/sro.shtml). Copies of the Proposed Rule Change To Amend Its current competitive environment where submission, all subsequent Price List To Revise the Step Up Tier order flow providers have a choice of 2 Adding Credit in Tape A Securities amendments, all written statements where to direct liquidity-providing with respect to the proposed rule November 15, 2019. orders by offering further incentives for change that are filed with the member organizations to send 1 Commission, and all written Pursuant to Section 19(b)(1) of the additional displayed liquidity to the communications relating to the Securities Exchange Act of 1934 (the Exchange. proposed rule change between the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 The Exchange proposes to implement Commission and any person, other than notice is hereby given that, on the fee changes effective November 1, those that may be withheld from the November 1, 2019, New York Stock 2019. public in accordance with the Exchange LLC (‘‘NYSE’’ or the Competitive Environment provisions of 5 U.S.C. 552, will be ‘‘Exchange’’) filed with the Securities available for website viewing and and Exchange Commission (the The Commission has repeatedly printing in the Commission’s Public ‘‘Commission’’) the proposed rule expressed its preference for competition Reference Room, 100 F Street NE, change as described in Items I, II, and over regulatory intervention in Washington, DC 20549, on official III below, which Items have been determining prices, products, and business days between the hours of prepared by the self-regulatory services in the securities markets. In 10:00 a.m. and 3:00 p.m. Copies of such organization. The Commission is Regulation NMS, the Commission filings will also be available for publishing this notice to solicit highlighted the importance of market inspection and copying at the principal comments on the proposed rule change forces in determining prices and SRO revenues and, also, recognized that office of ICE Clear Credit and on ICE from interested persons. current regulation of the market system Clear Credit’s website at https:// I. Self-Regulatory Organization’s ‘‘has been remarkably successful in www.theice.com/clear-credit/regulation. Statement of the Terms of Substance of promoting market competition in its All comments received will be posted the Proposed Rule Change broader forms that are most important to without change. Persons submitting investors and listed companies.’’ 4 comments are cautioned that we do not The Exchange proposes to amend its As the Commission itself recognized, redact or edit personal identifying Price List to revise the Step Up Tier 2 the market for trading services in NMS information from comment submissions. Adding Credit in Tape A securities. The stocks has become ‘‘more fragmented You should submit only information Exchange proposes to implement the fee and competitive.’’ 5 Indeed, equity that you wish to make available changes effective November 1, 2019. trading is currently dispersed across 13 publicly. All submissions should refer The proposed rule change is available exchanges,6 31 alternative trading to File Number SR–ICC–2019–012 and on the Exchange’s website at systems,7 and numerous broker-dealer should be submitted on or before www.nyse.com, at the principal office of internalizers and wholesalers, all December 12, 2019. the Exchange, and at the Commission’s competing for order flow. Based on Public Reference Room. publicly-available information, no For the Commission, by the Division of single exchange has more than 19% Trading and Markets, pursuant to delegated II. Self-Regulatory Organization’s market share (whether including or 9 authority. Statement of the Purpose of, and excluding auction volume).8 Therefore, Jill M. Peterson, Statutory Basis for, the Proposed Rule no exchange possesses significant Assistant Secretary. Change pricing power in the execution of equity [FR Doc. 2019–25206 Filed 11–20–19; 8:45 am] In its filing with the Commission, the 4 BILLING CODE 8011–01–P See Securities Exchange Act Release No. 51808 self-regulatory organization included (June 9, 2005), 70 FR 37495, 37499 (June 29, 2005) statements concerning the purpose of, (S7–10–04) (Final Rule) (‘‘Regulation NMS’’). and basis for, the proposed rule change 5 See Securities Exchange Act Release No. 51808, 84 FR 5202, 5253 (February 20, 2019) (File No. S7– and discussed any comments it received 05–18) (Transaction Fee Pilot for NMS Stocks Final on the proposed rule change. The text Rule) (‘‘Transaction Fee Pilot’’). of those statements may be examined at 6 See Cboe Global Markets, U.S. Equities Market Volume Summary, available at http:// the places specified in Item IV below. markets.cboe.com/us/equities/market_share/. See The Exchange has prepared summaries, generally https://www.sec.gov/fast-answers/ set forth in sections A, B, and C below, divisionsmarketregmrexchangesshtml.html. of the most significant parts of such 7 See FINRA ATS Transparency Data, available at https://otctransparency.finra.org/otctransparency/ statements. AtsIssueData. A list of alternative trading systems registered with the Commission is available at https://www.sec.gov/foia/docs/atslist.htm. 1 15 U.S.C. 78s(b)(1). 8 See Cboe Global Markets U.S. Equities Market 2 15 U.S.C. 78a. Volume Summary, available at http:// 9 17 CFR 200.30–3(a)(12). 3 17 CFR 240.19b–4. markets.cboe.com/us/equities/market_share/.

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order flow. More specifically, for the excluding any liquidity added by a ADV as a percentage of NYSE CADV month of September 2019, the DMM, exceeds that member requirement in order to qualify for the Exchange’s market share of intraday organization’s Adding ADV in July proposed tier. In order to qualify for the trading (i.e., excluding auctions) in 2019 taken as a percentage of NYSE proposed rate in November 2019, Tapes A, B and C securities was only CADV as follows: member organization A would need at 9.3%.9 • For the billing month of October 2019, least 0.80% share of NYSE CADV in The Exchange believes that the ever- an Adding ADV, excluding any November 2019, or 2 times the 0.40% shifting market share among the liquidity added by a DMM, that is at Adding ADV in Baseline Month. exchanges from month to month least 0.35% of NYSE CADV over that Finally, the Exchange proposes the demonstrates that market participants member organization’s July 2019 non-substantive change of deleting the can move order flow, or discontinue or Adding ADV taken as a percentage of Adding ADV requirements for the reduce use of certain categories of NYSE CADV. October 2019 billing month from the products, in response to fee changes. • For the billing month of November rule. With respect to non-marketable order 2019, an Adding ADV, excluding any The purpose of this proposed change flow that would provide displayed liquidity added by a DMM, that is at is to incentivize member organizations liquidity on an Exchange, member least 0.70% of NYSE CADV over that to increase the liquidity-providing organizations can choose from any one member organization’s July 2019 orders in Tape A securities they send to of the 13 currently operating registered Adding ADV taken as a percentage of the Exchange, which would support the exchanges to route such order flow. NYSE CADV. quality of price discovery on the Accordingly, competitive forces • For the billing month of December Exchange and provide additional price constrain exchange transaction fees that 2019 and for every month thereafter, improvement opportunities for relate to orders that would provide an Adding ADV, excluding any incoming orders. As noted above, the liquidity on an exchange. liquidity added by a DMM, that is at Exchange operates in a competitive In response to this competitive least 1.05% of NYSE CADV over that environment, particularly as it relates to environment, the Exchange has member organization’s July 2019 attracting non-marketable orders, which established incentives for its member Adding ADV taken as a percentage of add liquidity to the Exchange. organizations who submit orders that NYSE CADV. The Exchange does not know how provide liquidity on the Exchange. The In addition, a member organization much order flow member organizations proposed fee change is designed to that meets these requirements, and thus choose to route to other exchanges or to attract additional order flow to the qualifies for the $0.0029 credit in Tape off-exchange venues. There is currently Exchange by lowering the adding A securities, would be eligible to receive 1 firm that qualified for the proposed requirement in order for member an additional $0.00005 per share if higher Step Up Tier 2 Adding Credit for organizations to qualify for the trades in Tapes B and C securities the October 2019 billing month, but the November 2019 Step Up Tier 2 Adding against the member organization’s Exchange believes that at least 7 Credit, thereby incentivizing member orders that add liquidity, excluding additional member organizations could organizations to step up their liquidity- orders as a Supplemental Liquidity qualify for the tier if they so choose. providing orders on the Exchange on all Provider (‘‘SLP’’), equal to at least However, without having a view of tapes. 0.20% of Tape B and Tape C CADV member organization’s activity on other Proposed Rule Change combined. exchanges and off-exchange venues, the The Exchange proposes to lower the Exchange has no way of knowing Currently, a member organization that Adding ADV requirement for the billing whether this proposed rule change sends orders, except Mid-Point month of November 2019. Specifically, would result in any member Liquidity Orders (‘‘MPL’’) and Non- in order to qualify for the Step Up Tier organization directing orders to the Displayed Limit Orders, that add 2 Adding Credit of $0.0029 for the Exchange in order to qualify for the new liquidity (‘‘Adding ADV’’) in Tape A current billing month, a member tier. securities would receive a credit of organization would need to have an The proposed changes are not $0.0029 if: Adding ADV, excluding any liquidity otherwise intended to address other • The member organization quotes at added by a DMM, that is at least 0.35% issues, and the Exchange is not aware of least 15% of the National Best Bid or of NYSE CADV over that member any significant problems that market 10 Offer (‘‘NBBO’’) in 300 or more organization’s July 2019 Adding ADV participants would have in complying Tape A securities on a monthly basis, taken as a percentage of NYSE CADV. with the proposed changes. and The other requirements for qualifying • 2. Statutory Basis The member organization’s Adding for the Step Up Tier 2 Adding Credit ADV as a percentage of NYSE and the additional credit would remain The Exchange believes that the consolidated average daily volume unchanged. proposed rule change is consistent with 11 (‘‘CADV’’), excluding any orders by For example, member organization A Section 6(b) of the Act,12 in general, and a Designated Market Maker (‘‘DMM’’), has an Adding ADV of 12 million shares furthers the objectives of Sections is at least two times more than the when NYSE CADV (Tape A) was 3.0 6(b)(4) and (5) of the Act,13 in particular, member organization’s July 2019 billion, or 0.40% of NYSE CADV in all because it provides for the equitable Adding ADV as a percentage of NYSE Tape A securities, in the baseline month allocation of reasonable dues, fees, and CADV, and • of July 2019 (the ‘‘Baseline Month’’). other charges among its members, The member organization’s Adding Member organization A also has an issuers and other persons using its ADV as a percentage of NYSE CADV, Adding ADV of 0.75% of US CADV in facilities and does not unfairly Tape A securities in November 2019. discriminate between customers, 9 See id. Based on the foregoing, member issuers, brokers or dealers. 10 See Rule 1.1(q) (defining ‘‘NBBO’’ to mean the national best bid or offer). organization A would meet the 0.35% 11 The terms ‘‘ADV’’ and ‘‘CADV’’ are defined in step up requirement for November 2019 12 15 U.S.C. 78f(b). footnote * of the Price List. but fall short of the two times Adding 13 15 U.S.C. 78f(b)(4) & (5).

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The Proposed Change Is Reasonable billing month but without a view of providing additional price improvement As discussed above, the Exchange member organization activity on other opportunities on the Exchange that operates in a highly fragmented and exchanges and off-exchange venues, the benefit investors generally. As to those competitive market. The Commission Exchange has no way of knowing market participants that would not has repeatedly expressed its preference whether the proposed rule change qualify for the adding liquidity credit would result in any member even with the lower Adding ADV for competition over regulatory organization qualifying for the tier. The requirement, the proposal will not intervention in determining prices, Exchange believes the proposed lower adversely impact their existing pricing products, and services in the securities Adding ADV requirement is reasonable or their ability to qualify for other markets. Specifically, in Regulation as it would provide an additional credits provided by the Exchange. NMS, the Commission highlighted the incentive for member organizations to importance of market forces in The Proposal Is Not Unfairly direct order flow to the Exchange and determining prices and SRO revenues Discriminatory provide meaningful added levels of and, also, recognized that current liquidity in order to qualify for the The Exchange believes that the regulation of the market system ‘‘has higher credit, thereby contributing to proposal is not unfairly discriminatory. been remarkably successful in depth and market quality on the In the prevailing competitive promoting market competition in its Exchange. environment, member organizations are broader forms that are most important to free to disfavor the Exchange’s pricing if investors and listed companies.’’ 14 The Proposal is an Equitable Allocation they believe that alternatives offer them The Exchange believes that the ever- of Fees better value. shifting market share among the The Exchange believes its proposal The Exchange believes it is not exchanges from month to month equitably allocates its fees among its unfairly discriminatory to provide a demonstrates that market participants market participants. lower Adding ADV requirement in order can move order flow, or discontinue or The Exchange believes that a lower to qualify for the per share step up reduce use of certain categories of Adding ADV requirement in order to credit, as the proposed credit would be products, in response to fee changes. qualify for the Step Up Tier 2 credit for provided on an equal basis to all With respect to non-marketable orders the November 2019 billing month is member organizations that add liquidity which provide liquidity on an equitable because the lower requirement by meeting the new proposed Step Up Exchange, member organizations can could attract additional order flow, thus 2 Tier’s requirement. The Exchange also choose from any one of the 13 currently improving market quality for all market believes that the proposed change is not operating registered exchanges to route participants on the Exchange and, as a unfairly discriminatory because it is such order flow. Accordingly, consequence, attract more liquidity to reasonably related to the value to the competitive forces constrain exchange the Exchange, thereby improving Exchange’s market quality associated transaction fees that relate to orders that market-wide quality and price with higher volume. Finally, the would provide displayed liquidity on an discovery. submission of orders to the Exchange is exchange. Stated otherwise, changes to As noted, 1 member organization has optional for member organizations in exchange transaction fees can have a qualified for the Step Up Tier 2 Adding that they could choose whether to direct effect on the ability of an Credit, but without a view of member submit orders to the Exchange and, if exchange to compete for order flow. organization activity on other exchanges they do, the extent of its activity in this Given this competitive environment, and off-exchange venues, the Exchange regard. the proposal represents a reasonable has no way of knowing whether this Finally, the Exchange believes that it attempt to attract additional order flow proposed rule change would result in is subject to significant competitive to the Exchange. As noted, the any member organization qualifying for forces, as described below in the Exchange’s market share of intraday the tier. The Exchange believes the Exchange’s statement regarding the trading (i.e., excluding auctions) for the proposed lower Adding ADV burden on competition. month of September 2019, in Tapes A, requirement for the November 2019 For the foregoing reasons, the B and C securities was only 9.3%.15 billing month is reasonable as it would Exchange believes that the proposal is Specifically, the Exchange believes provide an additional incentive for consistent with the Act. that the proposed lower Adding ADV member organizations to direct their B. Self-Regulatory Organization’s requirements to qualify for the Step Up order flow to the Exchange and provide Statement on Burden on Competition Tier 2 for the November 2019 billing meaningful added levels of liquidity in month would provide an incentive for order to qualify for the higher credit, In accordance with Section 6(b)(8) of member organizations to route thereby contributing to depth and the Act,16 the Exchange believes that the additional liquidity-providing orders to market quality on the Exchange. proposed rule change would not impose the Exchange in Tape A securities. As The proposal neither targets nor will any burden on competition that is not noted above, the Exchange operates in a it have a disparate impact on any necessary or appropriate in furtherance highly competitive environment, particular category of market of the purposes of the Act. Instead, as particularly for attracting non- participant. All member organizations discussed above, the Exchange believes marketable order flow that provides would be eligible to qualify for the Step that the proposed changes would liquidity on an exchange. The Exchange Up Tier 2 Adding Credit in November encourage the submission of additional believes it is reasonable to provide a 2019 if they maintain or increase their liquidity to a public exchange, thereby higher credit for orders that provide Adding ADV over their own baseline of promoting market depth, price additional liquidity. order flow. The Exchange believes that discovery and transparency and As previously noted, 1 member lowering the Adding ADV requirement enhancing order execution organization qualify for the Step Up Tier will make it more likely that additional opportunities for member organizations. 2 Adding Credit for the October 2019 member organizations will qualify for As a result, the Exchange believes that the credit for the current billing month, the proposed change furthers the 14 See Regulation NMS, 70 FR at 37499. thereby continuing to attract order flow 15 See note 8 supra. and liquidity to the Exchange and 16 15 U.S.C. 78f(b)(8).

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Commission’s goal in adopting C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Regulation NMS of fostering integrated Statement on Comments on the submission, all subsequent competition among orders, which Proposed Rule Change Received From amendments, all written statements promotes ‘‘more efficient pricing of Members, Participants, or Others with respect to the proposed rule individual stocks for all types of orders, No written comments were solicited change that are filed with the 17 large and small.’’ or received with respect to the proposed Commission, and all written Intramarket Competition. The rule change. communications relating to the proposed changes are designed to attract proposed rule change between the additional order flow to the Exchange. III. Date of Effectiveness of the Commission and any person, other than The Exchange believes that the Proposed Rule Change and Timing for those that may be withheld from the proposed changes would continue to Commission Action public in accordance with the incentivize market participants to direct The foregoing rule change is effective provisions of 5 U.S.C. 552, will be displayed order flow to the Exchange. upon filing pursuant to Section available for website viewing and Greater liquidity benefits all market 19(b)(3)(A) 19 of the Act and printing in the Commission’s Public participants on the Exchange by subparagraph (f)(2) of Rule 19b–4 20 Reference Room, 100 F Street NE, providing more trading opportunities thereunder, because it establishes a due, Washington, DC 20549, on official and encourages member organizations fee, or other charge imposed by the business days between the hours of to send orders, thereby contributing to Exchange. 10:00 a.m. and 3:00 p.m. Copies of the robust levels of liquidity, which benefits At any time within 60 days of the filing also will be available for all market participants on the Exchange. filing of such proposed rule change, the inspection and copying at the principal The proposed credits would be available Commission summarily may office of the Exchange. All comments to all similarly-situated market temporarily suspend such rule change if received will be posted without change. participants that meet the revised it appears to the Commission that such Persons submitting comments are Adding ADV requirement for November action is necessary or appropriate in the cautioned that we do not redact or edit 2019, and, as such, the proposed change public interest, for the protection of personal identifying information from would not impose a disparate burden on investors, or otherwise in furtherance of comment submissions. You should competition among market participants the purposes of the Act. If the submit only information that you wish on the Exchange. Commission takes such action, the to make available publicly. All Intermarket Competition. The Commission shall institute proceedings submissions should refer to File Exchange operates in a highly under Section 19(b)(2)(B) 21 of the Act to Number SR–NYSE–2019–59 and should competitive market in which market determine whether the proposed rule be submitted on or before December 12, participants can readily choose to send change should be approved or 2019. their orders to other exchange and off- disapproved. For the Commission, by the Division of exchange venues if they deem fee levels Trading and Markets, pursuant to delegated at those other venues to be more IV. Solicitation of Comments authority.22 favorable. As noted, the Exchange’s Interested persons are invited to Jill M. Peterson, market share of intraday trading (i.e., submit written data, views, and Assistant Secretary. excluding auctions) for the month of arguments concerning the foregoing, [FR Doc. 2019–25212 Filed 11–20–19; 8:45 am] September 2019, in Tapes A, B and C including whether the proposed rule 18 BILLING CODE 8011–01–P securities was only 9.3%. In such an change is consistent with the Act. environment, the Exchange must Comments may be submitted by any of continually adjust its fees and rebates to the following methods: SECURITIES AND EXCHANGE remain competitive with other COMMISSION exchanges and with off-exchange Electronic Comments venues. Because competitors are free to • Use the Commission’s internet [Release No. 34–87548; File No. SR– modify their own fees and credits in comment form (http://www.sec.gov/ NYSEAMER–2019–50] response, and because market rules/sro.shtml); or Self-Regulatory Organizations; NYSE participants may readily adjust their • Send an email to rule-comments@ American LLC; Notice of Filing and order routing practices, the Exchange sec.gov. Please include File Number SR– Immediate Effectiveness of Proposed does not believe its proposed fee change NYSE–2019–59 on the subject line. Rule Change To Amend Exchange can impose any burden on intermarket Rule 7.37E Regarding the Exchange’s competition. Paper Comments The Exchange believes that the • Send paper comments in triplicate Use of Data Feeds From NYSE proposed change could promote to Secretary, Securities and Exchange Chicago, Inc. and Amend Exchange competition between the Exchange and Commission, 100 F Street NE, Rule 7.45E To Reflect That Archipelago other execution venues, including those Washington, DC 20549–1090. Securities LLC Would Function as a Routing Broker for NYSE Chicago, Inc. that currently offer similar order types All submissions should refer to File and comparable transaction pricing, by Number SR–NYSE–2019–59. This file November 15, 2019. encouraging additional orders to be sent number should be included on the Pursuant to Section 19(b)(1) 1 of the to the Exchange for execution. The subject line if email is used. To help the Securities Exchange Act of 1934 Exchange also believes that the Commission process and review your (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 proposed change is designed to provide comments more efficiently, please use notice is hereby given that on November the public and investors with a Price only one method. The Commission will 8, 2019, NYSE American LLC (‘‘NYSE List that is clear and consistent, thereby post all comments on the Commission’s American’’ or ‘‘Exchange’’) filed with reducing burdens on the marketplace internet website (http://www.sec.gov/ and facilitating investor protection. 22 17 CFR 200.30–3(a)(12). 19 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C.78s(b)(1). 17 Regulation NMS, 70 FR at 37498–99. 20 17 CFR 240.19b–4(f)(2). 2 15 U.S.C. 78a. 18 See note 8 supra. 21 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4.

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the Securities and Exchange Rule 7.37E currently provides that the and publicly states on a market-by- Commission (‘‘Commission’’) the Chicago Stock Exchange, Inc., the market basis all of the specific network proposed rule change as described in predecessor name of NYSE Chicago, processor and proprietary data feeds Items I and II below, which Items have utilizes the securities information that the Exchange utilizes for the been prepared by the self-regulatory processor (‘‘SIP’’) data feed as its handling, execution and routing of organization. The Commission is primary source for the handling, orders, and for performing the publishing this notice to solicit execution and routing of orders, as well regulatory compliance checks to each of comments on the proposed rule change as for regulatory compliance, and does those functions. The proposed rule from interested persons. not use a secondary source. Once NYSE change also removes impediments to Chicago transitions trading to Pillar, it and perfects the mechanism of a free I. Self-Regulatory Organization’s would use a direct data feed as its and open market and protects investors Statement of the Terms of Substance of primary source and the SIP data feed as and the public interest because it the Proposed Rule Change a secondary source. To reflect these provides additional specificity, clarity The Exchange proposes to: (1) Amend changes, the Exchange proposes to and transparency. The Exchange Rule 7.37E to amend in Exchange rules amend Rule 7.37E to specify which data believes its proposed rule change to the Exchange’s use of data feeds from feeds the Exchange would use for NYSE amend Rule 7.45E also removes NYSE Chicago, Inc. (‘‘NYSE Chicago’’) Chicago. Specifically, the Exchange impediments to and perfects the for order handling and execution, order proposes to amend the rule to provide mechanism of a free and open market routing, and regulatory compliance; and that NYSE Chicago would use the direct and protects investors and the public (2) amend Rule 7.45E to reflect that data feed as the primary source and interest because the proposed rule Archipelago Securities LLC (‘‘Arca would use the SIP data feed as a change would enhance the clarity and Securities’’) would function as a routing secondary source. transparency in Exchange Rules broker for the Exchange’s affiliate, NYSE Additionally, the Exchange proposes surrounding the inbound routing Chicago. The proposed rule change is to amend Rule 7.45E to reflect that Arca function performed by Arca Securities available on the Exchange’s website at Securities would function as a routing for the Exchange’s affiliate, NYSE www.nyse.com, at the principal office of broker for the Exchange’s affiliate, NYSE Chicago. the Exchange, and at the Commission’s Chicago. Specifically, the Exchange Public Reference Room. proposes to amend Rule 7.45E(c)(1) and B. Self-Regulatory Organization’s (2) to reference NYSE Chicago as an Statement on Burden on Competition II. Self-Regulatory Organization’s affiliate of the Exchange for the The Exchange does not believe that Statement of the Purpose of, and purposes of the inbound routing the proposed rule change will impose Statutory Basis for, the Proposed Rule function performed by Arca Securities. any burden on competition that is not Change The proposed rule change would necessary or appropriate in furtherance In its filing with the Commission, the provide more clarity and transparency of the purposes of the Act. The self-regulatory organization included to all the functions that Arca Securities proposed change is not designed to statements concerning the purpose of, performs on behalf of the Exchange and address any competitive issue but rather and basis for, the proposed rule change its affiliates, which now includes NYSE would provide the public and investors and discussed any comments it received Chicago. The Exchange is not proposing with information about which data on the proposed rule change. The text any substantive change to the rule. feeds the Exchange uses for execution of those statements may be examined at 2. Statutory Basis and routing decisions, and provide the places specified in Item IV below. clarity in Exchange rules that Arca The Exchange has prepared summaries, The proposed rule change is Securities would perform the inbound set forth in sections A, B, and C below, consistent with Section 6(b) of the routing function on behalf on the of the most significant parts of such Securities Exchange Act of 1934 (the Exchange’s affiliate, NYSE Chicago. statements. ‘‘Act’’),5 in general, and furthers the objectives of Section 6(b)(5),6 in C. Self-Regulatory Organization’s A. Self-Regulatory Organization’s particular, because it is designed to Statement on Comments on the Statement of the Purpose of, and the prevent fraudulent and manipulative Proposed Rule Change Received From Statutory Basis for, the Proposed Rule acts and practices, to promote just and Members, Participants, or Others Change equitable principles of trade, to foster No written comments were solicited 1. Purpose cooperation and coordination with or received with respect to the proposed persons engaged in facilitating rule change. The Exchange proposes to update and transactions in securities, to remove amend the table in Rule 7.37E that sets impediments to, and perfect the III. Date of Effectiveness of the forth on a market-by-market basis the mechanism of, a free and open market Proposed Rule Change and Timing for specific network processor and and a national market system and, in Commission Action proprietary data feeds that the Exchange general, to protect investors and the The Exchange has filed the proposed utilizes for the handling, execution and public interest. The Exchange believes rule change pursuant to Section routing of orders, and for performing the its proposal to update the table in Rule 19(b)(3)(A) of the Act 7 and Rule 19b– regulatory compliance checks related to 7.37E to include NYSE Chicago will 4(f)(6) thereunder.8 Because the each of those functions. Specifically, the ensure that Rule 7.37 correctly identifies proposed rule change does not: (i) table would be amended to include Significantly affect the protection of NYSE Chicago, which intends to Migration_update_9.4.pdf. The Exchange originally investors or the public interest; (ii) migrate to the Pillar trading platform.4 filed the proposed rule change on October 31, 2019 impose any significant burden on (SR–NYSEAMER–2019–47) and withdrew such competition; and (iii) become operative 4 filing on November 8, 2019, and is now submitting NYSE Chicago has announced that, subject to prior to 30 days from the date on which rule approvals, it will transition to trading on Pillar this proposed rule change to make a technical on November 4, 2019. See Trader Update, available change. at https://www.nyse.com/publicdocs/nyse/ 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A). notifications/trader-update/NYSEChicago_ 6 15 U.S.C. 78f(b)(5). 8 17 CFR 240.19b–4(f)(6).

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it was filed, or such shorter time as the under Section 19(b)(2)(B) 13 of the Act to should be submitted on or before Commission may designate, if determine whether the proposed rule December 12, 2019. consistent with the protection of change should be approved or For the Commission, by the Division of investors and the public interest, the disapproved. Trading and Markets, pursuant to delegated proposed rule change has become 14 IV. Solicitation of Comments authority. effective pursuant to Section 19(b)(3)(A) Jill M. Peterson, Interested persons are invited to of the Act and Rule 19b–4(f)(6)(iii) Assistant Secretary. thereunder.9 submit written data, views, and arguments concerning the foregoing, [FR Doc. 2019–25209 Filed 11–20–19; 8:45 am] A proposed rule change filed under BILLING CODE 8011–01–P Rule 19b–4(f)(6) 10 normally does not including whether the proposed rule become operative prior to 30 days after change is consistent with the Act. the date of the filing. However, pursuant Comments may be submitted by any of SECURITIES AND EXCHANGE to Rule 19b–4(f)(6)(iii),11 the the following methods: COMMISSION Commission may designate a shorter Electronic Comments time if such action is consistent with the [Release No. 34–87554; File No. SR–NYSE– • Use the Commission’s internet 2019–61] protection of investors and the public comment form (http://www.sec.gov/ interest. The Exchange has asked the rules/sro.shtml); or Self-Regulatory Organizations; New Commission to waive the 30-day • Send an email to rule-comments@ York Stock Exchange LLC; Notice of operative delay so that the proposal may sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of become operative immediately upon NYSEAMER–2019–50 on the subject Proposed Rule Change Amending the filing. The Exchange represents that the line. NYSE Proprietary Market Data Fee proposal would correctly identify and Schedule Regarding the NYSE Best publicly state on a market-by-market Paper Comments Quote and Trades Market Data Feed basis all of the specific network • Send paper comments in triplicate processor and proprietary data feeds to Secretary, Securities and Exchange November 15, 2019. that the Exchange utilizes for the Commission, 100 F Street NE, Pursuant to Section 19(b)(1) 1 of the handling, execution and routing of Washington, DC 20549–1090. Securities Exchange Act of 1934 2 3 orders, and for performing the All submissions should refer to File (‘‘Act’’) and Rule 19b–4 thereunder, regulatory compliance checks to each of Number SR–NYSEAMER–2019–50. This notice is hereby given that, on those functions. Further, the Exchange file number should be included on the November 4, 2019, New York Stock represents that the proposal would subject line if email is used. To help the Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’) enhance the clarity and transparency in Commission process and review your filed with the Securities and Exchange Exchange Rules surrounding the comments more efficiently, please use Commission (‘‘Commission’’) the inbound routing function performed by only one method. The Commission will proposed rule change as described in Arca Securities for NYSE Chicago. post all comments on the Commission’s Items I, II, and III below, which Items Based on the Exchange’s internet website (http://www.sec.gov/ have been prepared by the self- representations, the Commission rules/sro.shtml). Copies of the regulatory organization. The believes that waiving the 30-day submission, all subsequent Commission is publishing this notice to operative delay is consistent with the amendments, all written statements solicit comments on the proposed rule protection of investors and the public with respect to the proposed rule change from interested persons. interest, and designates the proposed change that are filed with the I. Self-Regulatory Organization’s rule change to be operative upon filing Commission, and all written 12 Statement of the Terms of Substance of with the Commission. communications relating to the the Proposed Rule Change At any time within 60 days of the proposed rule change between the The Exchange proposes to amend the filing of such proposed rule change, the Commission and any person, other than NYSE Proprietary Market Data Fee Commission summarily may those that may be withheld from the Schedule (‘‘Market Data Fee Schedule’’) temporarily suspend such rule change if public in accordance with the regarding the NYSE Best Quote and it appears to the Commission that such provisions of 5 U.S.C. 552, will be Trades (‘‘BQT’’) market data feed. The action is necessary or appropriate in the available for website viewing and Exchange proposes to make the fee public interest, for the protection of printing in the Commission’s Public change effective November 4, 2019. The investors, or otherwise in furtherance of Reference Room, 100 F Street NE, proposed rule change is available on the the purposes of the Act. If the Washington, DC 20549, on official Exchange’s website at www.nyse.com, at Commission takes such action, the business days between the hours of the principal office of the Exchange, and Commission shall institute proceedings 10:00 a.m. and 3:00 p.m. Copies of the at the Commission’s Public Reference filing also will be available for 9 Room. In addition, Rule 19b–4(f)(6)(iii) requires the inspection and copying at the principal Exchange to give the Commission written notice of the Exchange’s intent to file the proposed rule office of the Exchange. All comments II. Self-Regulatory Organization’s change, along with a brief description and text of received will be posted without change. Statement of the Purpose of, and the proposed rule change, at least five business days Persons submitting comments are Statutory Basis for, the Proposed Rule prior to the date of filing of the proposed rule cautioned that we do not redact or edit Change change, or such shorter time as designated by the Commission. The Exchange has satisfied this personal identifying information from In its filing with the Commission, the requirement. comment submissions. You should self-regulatory organization included 10 17 CFR 240.19b–4(f)(6). submit only information that you wish statements concerning the purpose of, 11 17 CFR 240.19b–4(f)(6)(iii). to make available publicly. All 12 For purposes only of waiving the operative submissions should refer to File 14 delay for this proposal, the Commission has 17 CFR 200.30–3(a)(12). considered the proposed rule’s impact on Number SR–NYSEAMER–2019–50 and 1 15 U.S.C. 78s(b)(1). efficiency, competition, and capital formation. See 2 15 U.S.C. 78a. 15 U.S.C. 78c(f). 13 15 U.S.C. 78s(b)(2)(B). 3 17 CFR 240.19b–4.

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and basis for, the proposed rule change and NYSE National Trades. Because, as separately subscribe to and pay for the and discussed any comments it received provided for in the NYSE BQT Filing, ten underlying data feeds to NYSE BQT on the proposed rule change. The text NYSE will begin included data from is reasonable because by design, NYSE of those statements may be examined at NYSE Chicago BBO and NYSE Chicago BQT represents an aggregated and the places specified in Item IV below. Trades in NYSE BQT, the Exchange consolidated version of those existing The Exchange has prepared summaries, proposes to add references to NYSE ten data feeds. The Exchange notes that set forth in sections A, B, and C below, Chicago BBO and NYSE Chicago Trades it is not seeking with this filing to of the most significant parts of such to Footnote 5 to the Market Data Fee establish fees relating to the underlying statements. Schedule. Accordingly, in addition to BBO and Trades data feeds, as those fees subscribing to, and paying for, NYSE have already been established consistent A. Self-Regulatory Organization’s BBO, NYSE Trades, NYSE Arca BBO, with Section 19(b)(3)(A) of the Act 13 Statement of the Purpose of, and NYSE Arca Trades, NYSE American and Rule 19b–4(f)(2) 14 thereunder, and Statutory Basis for, the Proposed Rule BBO, NYSE American Trades, NYSE which may be amended from time to Change National BBO and NYSE National time. However, the Exchange believes it 1. Purpose Trades, subscribers of NYSE BQT will would be unfair if it did not require The Exchange proposes a non- need to subscribe to NYSE Chicago BBO NYSE BQT data feed recipients to substantive amendment to the Market and NYSE Chicago Trades. Because separately subscribe to and pay for those Data Fee Schedule regarding the NYSE there are currently no fees for NYSE underlying feeds because otherwise, BQT market data feed that does not add Chicago BBO and NYSE Chicago Trades, NYSE BQT data feed recipients would or change any existing fees. The adding these products to Footnote 5 of be receiving a data product that proposed amendment would include a the Market Data Fee Schedule will not includes such underlying data at a reference to market data products from increase the fees for NYSE BQT. lower cost than separately subscribing NYSE Chicago, Inc. (‘‘NYSE Chicago’’). In anticipation of NYSE Chicago BBO to the underlying data feeds. The The NYSE BQT data feed provides and NYSE Chicago Trades being Exchange therefore believes that the fee best bid and offer and last sale included in NYSE BQT, all current structure for NYSE BQT would not be information for the Exchange and its NYSE BQT customers have subscribed lower than the cost to another party to affiliates, NYSE Arca, Inc. (‘‘NYSE to NYSE Chicago BBO and NYSE create a comparable product, including Arca’’), NYSE American LLC (‘‘NYSE Chicago Trades and therefore will be the cost of receiving the underlying data American’’),4 and NYSE National, Inc. able to comply with the requirement feeds. (‘‘NYSE National’’).5 In connection with proposed in this rule change. The Exchange further believes that the proposed NYSE BQT fee structure is the transition to trading to the Pillar 2. Statutory Basis trading platform of another affiliate of equitable and not unfairly the Exchange, NYSE Chicago,6 the The Exchange believes that the discriminatory because all vendors and Exchange recently filed a proposed rule proposed rule change is consistent with subscribers that elect to purchase NYSE 9 change to amend the content of the the provisions of Section 6 of the Act, BQT would be subject to the same fees. NYSE BQT market data feed 7 to include in general, and Sections 6(b)(4) and In addition, vendors and subscribers 10 NYSE Chicago BBO and NYSE Chicago 6(b)(5) of the Act, in particular, in that that do not wish to purchase NYSE BQT Trades market data feeds.8 it provides an equitable allocation of may separately purchase the individual The Exchange currently charges an reasonable fees among its members, underlying data feed, and if they so access fee of $250 per month for the issuers, and other persons using its choose, perform a similar aggregation NYSE BQT data feed. The Exchange is facilities and is not designed to permit and consolidation function that the not proposing any change to the access unfair discrimination among customers, Exchange performs in creating NYSE fee. Footnote 5 to the Market Data Fee issuers, brokers, or dealers. The BQT. To enable such competition, the Schedule further provides that to Exchange also believes that the Exchange would continue to offer NYSE subscribe to NYSE BQT, subscribers proposed rule change is consistent with BQT on terms that a subscriber of the must also subscribe to, and pay Section 11(A) of the Act 11 in that it is underlying feeds could offer a applicable fees for, NYSE BBO, NYSE consistent with (i) fair competition competing product if it so chooses. Trades, NYSE Arca BBO, NYSE Arca among brokers and dealers, among With respect to this proposed rule Trades, NYSE American BBO, NYSE exchange markets, and between change, because NYSE Chicago does not American Trades, NYSE National BBO, exchange markets and markets other currently charge any fees for NYSE than exchange markets; and (ii) the Chicago BBO or NYSE Chicago Trades, 4 See Securities Exchange Act Release No. 34– availability to brokers, dealers, and the proposed amendment to include 73553 (Nov. 6, 2014), 79 FR 67491 (Nov. 13, 2014) investors of information with respect to these products in Footnote 5 to the (SR–NYSE–2014–40) (‘‘NYSE BQT Approval quotations for and transactions in Market Data Fee Schedule will not Order’’). securities. Furthermore, the proposed change any fees for NYSE BQT. 5 See Securities Exchange Act Release No. 83359 Moreover, current subscribers to NYSE (June 1, 2018), 83 FR 26507 (June 7, 2018) (Notice rule change is consistent with Rule 603 of Filing and Immediate Effectiveness of Proposed of Regulation NMS,12 which provides BQT have already subscribed to NYSE Rule Change to Amend the Content of the NYSE that any national securities exchange Chicago BBO and NYSE Chicago Trades, Best Quote & Trades Data Feed) (SR–NYSE–2018– that distributes information with respect and therefore such subscribers will not 22). have any issues complying with this 6 NYSE Chicago has announced that, subject to to quotations for or transactions in an rule approvals, it will transition to trading to Pillar NMS stock do so on terms that are not proposed rule change. on November 4, 2019. See Trader Update, available unreasonably discriminatory. The Exchange also notes that the use at https://www.nyse.com/publicdocs/nyse/ The Exchange further believes that of NYSE BQT is entirely optional. Firms notifications/trader-update/NYSEChicago_ have a wide variety of alternative _ _ requiring market data recipients to Migration update 9.4.pdf. market data products from which to 7 See SR–NYSE–2019–60, filed on November 4, 2019 (the ‘‘NYSE BQT Filing’’). 9 15 U.S.C. 78f(b). choose, including the Exchanges’ own 8 See Securities Exchange Act Release No. 87389 10 15 U.S.C. 78f(b)(4), (5). (October 23, 2019), 84 FR 57904 (October 29, 2019) 11 15 U.S.C. 78k–1. 13 15 U.S.C. 78s(b)(3)(A). (SR–NYSEChicago–2019–15). 12 17 CFR 242.603. 14 17 CFR 240.19b–4(f)(2).

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underlying data products, and respect to latency and cost as compared currently dispersed across 13 proprietary data products offered by the to the Exchange’s product. exchanges,18 31 alternative trading Exchange’s competitors, and The market for proprietary data systems,19 and numerous broker-dealer consolidated data. Moreover, the products is competitive and inherently internalizers and wholesalers, all Exchange is not required to make any contestable because there is fierce competing for order flow. Based on proprietary data products available or to competition for the inputs necessary for publicly-available information, no offer any specific pricing alternatives to the creation of proprietary data and single exchange has more than 19% any customers. strict pricing discipline for the market share (whether including or As explained below in the Exchange’s proprietary products themselves. excluding auction volume).20 And as the Statement on Burden on Competition, Numerous exchanges compete with one Commission’s own Chief Administrative the existence of alternatives to these another for listings and order flow and Law Judge found after considering data products further ensures that the sales of market data itself, providing extensive fact and expert testimony and Exchange cannot set unreasonable fees, ample opportunities for entrepreneurs documentary evidence on the subject, or fees that are unreasonably who wish to compete in any or all of ‘‘there is fierce competition for trading discriminatory, when vendors and those areas, including producing and services (or ‘order flow’)’’ among subscribers can elect such alternatives. distributing their own market data. exchanges, and ‘‘the record evidence That is, the Exchange competes with Proprietary data products are produced shows that competition plays a other exchanges (and their affiliates) and distributed by each individual significant role in restraining exchange that provide similar ‘‘best quote and exchange, as well as other entities, in a pricing of depth-of-book products.’’ In trade’’ market data products. If another vigorously competitive market. Indeed, the Matter of the Application of exchange (or its affiliate) were to charge the U.S. Department of Justice (‘‘DOJ’’) Securities Industry And Financial less to consolidate and distribute its (the primary antitrust regulator) has Markets Association For Review of similar product than the Exchange expressly acknowledged the aggressive Actions Taken By Self-Regulatory charges to consolidate and distribute actual competition among exchanges, Organizations, Initial Decision Release NYSE BQT, prospective users likely including for the sale of proprietary No. 1015, Administrative Proceeding would not subscribe to, or would cease market data. In 2011, the DOJ stated that File No. 3–15350 (June 1, 2016), at pp. subscribing to, NYSE BQT. In addition, exchanges ‘‘compete head to head to 8 and 33. the Exchange would compete with offer real-time equity data products. If an exchange succeeds in competing unaffiliated market data vendors who These data products include the best bid for quotations, order flow, and trade and offer of every exchange and executions, then it earns trading would be in a position to consolidate information on each equity trade, revenues and increases the value of its and distribute the same data that including the last sale.’’ 16 proprietary market data products comprises the NYSE BQT feed into the Moreover, competitive markets for because they will contain greater quote vendor’s own comparable market data listings, order flow, executions, and and trade information. Conversely, if an product. If the third-party vendor is able transaction reports impose pricing exchange is less successful in attracting to provide the exact same data for a discipline for the inputs of proprietary quotes, order flow, and trade lower cost, prospective users would data products and therefore constrain executions, then its market data avail themselves of that lower cost and markets from overpricing proprietary products may be less desirable to elect not to take NYSE BQT. market data. Broker-dealers send their customers in light of the diminished B. Self-Regulatory Organization’s order flow and transaction reports to content and data products offered by Statement on Burden on Competition multiple venues, rather than providing competing venues may become more them all to a single venue, which in turn attractive. Thus, competition for In accordance with Section 6(b)(8) of reinforces this competitive constraint. 15 quotations, order flow, and trade the Act, the Exchange does not believe As a 2010 Commission Concept Release executions puts significant pressure on that the proposed rule change will noted, the ‘‘current market structure can an exchange to maintain both execution impose any burden on competition that be described as dispersed and complex’’ and data fees at reasonable levels. is not necessary or appropriate in with ‘‘trading volume . . . dispersed In addition, in the case of products furtherance of the purposes of the Act. among many highly automated trading that are also redistributed through As noted above, the NYSE BQT data centers that compete for order flow in market data vendors, the vendors feed represents aggregated and the same stocks’’ and ‘‘trading centers themselves provide additional price consolidated information of ten existing offer[ing] a wide range of services that discipline for proprietary data products market data feeds. Although the are designed to attract different types of because they control the primary means Exchange, NYSE Arca, NYSE American, market participants with varying trading of access to certain end users. These NYSE National and NYSE Chicago are needs.’’ 17 Indeed, equity trading is vendors impose price discipline based the exclusive distributors of the underlying BBO and Trades feeds from 16 Press Release, U.S. Department of Justice, traded more than 20% of the volume of listed which certain data elements are taken to Assistant Attorney General Christine Varney Holds stocks, further evidencing the dispersal of and create NYSE BQT, the Exchange may Conference Call Regarding NASDAQ OMX Group competition for trading activity. Id. at 3598. not be the exclusive distributor of the Inc. and IntercontinentalExchange Inc. Abandoning 18 See Cboe Global Markets, U.S. Equities Market Their Bid for NYSE Euronext (May 16, 2011), Volume Summary, available at http:// aggregated and consolidated available at http://www.justice.gov/iso/opa/atr/ markets.cboe.com/us/equities/market_share/. See information that comprises the NYSE speeches/2011/at-speech-110516.html; see also generally https://www.sec.gov/fast-answers/ BQT data feed. Any other market data Complaint in U.S. v. Deutsche Borse AG and NYSE divisionsmarketregmrexchangesshtml.html. recipient of the underlying data feeds Euronext, Case No. 11–cv–2280 (DC Dist.) ¶ 24 19 See FINRA ATS Transparency Data, available (‘‘NYSE and Direct Edge compete head-to-head . . . at https://otctransparency.finra.org/ would be able, if they chose, to create in the provision of real-time proprietary equity data otctransparency/AtsIssueData. A list of alternative a data feed with the same information products.’’). trading systems registered with the Commission is as NYSE BQT and distribute it to their 17 Concept Release on Equity Market Structure, available at https://www.sec.gov/foia/docs/ clients on a level playing field with Securities Exchange Act Release No. 61358 (Jan. 14, atslist.htm. 2010), 75 FR 3594 (Jan. 21, 2010) (File No. S7–02– 20 See Cboe Global Markets U.S. Equities Market 10). This Concept Release included data from the Volume Summary, available at http:// 15 78 U.S.C. 78f(b)(8). third quarter of 2009 showing that no market center markets.cboe.com/us/equities/market_share/.

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upon their business models. For • Send an email to rule-comments@ SMALL BUSINESS ADMINISTRATION example, vendors that assess a sec.gov. Please include File Number SR– surcharge on data they sell are able to NYSE–2019–61 on the subject line. [Disaster Declaration #16186 and #16187; refuse to offer proprietary products that Texas Disaster Number TX–00528] their end users do not or will not Paper Comments purchase in sufficient numbers. Vendors • Send paper comments in triplicate Administrative Declaration of a will not elect to make NYSE BQT to Secretary, Securities and Exchange Disaster for the State of Texas available unless their customers request Commission, 100 F Street NE, it, and customers will not elect to pay AGENCY: U.S. Small Business Washington, DC 20549–1090. for NYSE BQT unless the product can Administration. provide value by sufficiently increasing All submissions should refer to File ACTION: Notice. revenues or reducing costs in the Number SR–NYSE–2019–61. This file SUMMARY: customer’s business in a manner that number should be included on the This is a notice of an Administrative declaration of a disaster will offset the fees. All of these factors subject line if email is used. To help the for the State of Texas dated 11/14/2019. operate as constraints on pricing Commission process and review your Incident: Severe Storms, Straight-line proprietary data products. comments more efficiently, please use Winds, Hail and Tornado. only one method. The Commission will C. Self-Regulatory Organization’s Incident Period: 10/20/2019 through Statement on Comments on the post all comments on the Commission’s 10/21/2019. Proposed Rule Change Received From internet website (http://www.sec.gov/ DATES: Issued on 11/14/2019. Members, Participants, or Others rules/sro.shtml). Copies of the submission, all subsequent Physical Loan Application Deadline Date: 01/13/2020. No written comments were solicited amendments, all written statements or received with respect to the proposed Economic Injury (EIDL) Loan with respect to the proposed rule rule change. Application Deadline Date: 08/14/2020. change that are filed with the III. Date of Effectiveness of the Commission, and all written ADDRESSES: Submit completed loan Proposed Rule Change and Timing for communications relating to the applications to: U.S. Small Business Commission Action proposed rule change between the Administration, Processing and Disbursement Center, 14925 Kingsport Commission and any person, other than The foregoing rule change is effective Road, Fort Worth, TX 76155. those that may be withheld from the upon filing pursuant to Section FOR FURTHER INFORMATION CONTACT: A. 21 public in accordance with the 19(b)(3)(A) of the Act and Escobar, Office of Disaster Assistance, 22 provisions of 5 U.S.C. 552, will be subparagraph (f)(2) of Rule 19b–4 U.S. Small Business Administration, thereunder, because it establishes a due, available for website viewing and printing in the Commission’s Public 409 3rd Street SW, Suite 6050, fee, or other charge imposed by the Washington, DC 20416, (202) 205–6734. Exchange. Reference Room, 100 F Street NE, SUPPLEMENTARY INFORMATION: Notice is At any time within 60 days of the Washington, DC 20549, on official hereby given that as a result of the filing of such proposed rule change, the business days between the hours of Administrator’s disaster declaration, Commission summarily may 10:00 a.m. and 3:00 p.m. Copies of the applications for disaster loans may be temporarily suspend such rule change if filing also will be available for filed at the address listed above or other it appears to the Commission that such inspection and copying at the principal locally announced locations. action is necessary or appropriate in the office of the Exchange. All comments The following areas have been public interest, for the protection of received will be posted without change. determined to be adversely affected by investors, or otherwise in furtherance of Persons submitting comments are the disaster: the purposes of the Act. If the cautioned that we do not redact or edit Commission takes such action, the personal identifying information from Primary Counties: Dallas Commission shall institute proceedings comment submissions. You should Contiguous Counties: under Section 19(b)(2)(B) 23 of the Act to submit only information that you wish Texas: Collin, Denton, Ellis, Kaufman, Rockwall, Tarrant determine whether the proposed rule to make available publicly. All change should be approved or submissions should refer to File The Interest Rates are: disapproved. Number SR–NYSE–2019–61 and should Percent IV. Solicitation of Comments be submitted on or before December 12, 2019. Interested persons are invited to For Physical Damage: Homeowners with Credit Avail- submit written data, views, and For the Commission, by the Division of Trading and Markets, pursuant to delegated able Elsewhere ...... 3.000 arguments concerning the foregoing, Homeowners without Credit authority.24 including whether the proposed rule Available Elsewhere ...... 1.500 change is consistent with the Act. Jill M. Peterson, Businesses with Credit Avail- Comments may be submitted by any of Assistant Secretary. able Elsewhere ...... 7.750 the following methods: [FR Doc. 2019–25216 Filed 11–20–19; 8:45 am] Businesses without Credit Available Elsewhere ...... 3.875 Electronic Comments BILLING CODE 8011–01–P Non-Profit Organizations with • Credit Available Elsewhere ... 2.750 Use the Commission’s internet Non-Profit Organizations with- comment form (http://www.sec.gov/ out Credit Available Else- rules/sro.shtml); or where ...... 2.750 For Economic Injury: 21 15 U.S.C. 78s(b)(3)(A). Businesses & Small Agricultural 22 17 CFR 240.19b–4(f)(2). Cooperatives without Credit 23 15 U.S.C. 78s(b)(2)(B). 24 17 CFR 200.30–3(a)(12). Available Elsewhere ...... 3.875

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Percent Union, Whiteside, Winnebago. ADDRESSES: Submit completed loan Iowa: Clinton, Louisa, Muscatine, applications to: U.S. Small Business Non-Profit Organizations with- Scott. Administration, Processing and out Credit Available Else- Kentucky: Ballard. Disbursement Center, 14925 Kingsport where ...... 2.750 Missouri: Cape Girardeau, Road, Fort Worth, TX 76155. Mississippi, Saint Charles, Scott. FOR FURTHER INFORMATION CONTACT: A. The number assigned to this disaster Wisconsin: Green, Lafayette Escobar, Office of Disaster Assistance, for physical damage is 16186 B and for The Interest Rates are: U.S. Small Business Administration, economic injury is 16187 0. 409 3rd Street SW, Suite 6050, The States which received an EIDL Percent Washington, DC 20416, (202) 205–6734. Declaration # is Texas. For Physical Damage: SUPPLEMENTARY INFORMATION: Notice is (Catalog of Federal Domestic Assistance hereby given that as a result of the Number 59008) Homeowners With Credit Avail- able Elsewhere ...... 4.125 Administrator’s EIDL declaration, Christopher Pilkerton, Homeowners Without Credit applications for economic injury Acting Administrator. Available Elsewhere ...... 2.063 disaster loans may be filed at the Businesses With Credit Avail- [FR Doc. 2019–25229 Filed 11–20–19; 8:45 am] address listed above or other locally able Elsewhere ...... 8.000 BILLING CODE 8026–03–P announced locations. Businesses Without Credit The following areas have been Available Elsewhere ...... 4.000 Non-Profit Organizations With determined to be adversely affected by SMALL BUSINESS ADMINISTRATION Credit Available Elsewhere ... 2.750 the disaster: [Disaster Declaration #16184 and #16185; Non-Profit Organizations With- Primary Counties: Brevard, Broward, Illinois Disaster Number IL–00054] out Credit Available Else- Clay, Collier, Duval, Flagler, where ...... 2.750 Franklin, Hillsborough, Indian Administrative Declaration of a For Economic Injury: River, Lake, Manatee, Marion, Disaster for the State of Illinois Businesses & Small Agricultural Martin, Miami-Dade, Monroe, Cooperatives Without Credit Available Elsewhere ...... 4.000 Nassau, Orange, Osceola, Palm AGENCY: U.S. Small Business Beach, Pinellas, Polk, Saint Johns, Administration. Non-Profit Organizations With- out Credit Available Else- Saint Lucie, Seminole, Volusia ACTION: Notice. where ...... 2.750 Contiguous Counties: Florida: Alachua, Baker, Bradford, SUMMARY: This is a notice of an The number assigned to this disaster Citrus, Desoto, Glades, Gulf, Administrative declaration of a disaster for physical damage is 16184 6 and for Hardee, Hendry, Highlands, Lee, for the State of Illinois dated 11/14/ economic injury is 16185 0. Levy, Liberty, Okeechobee, Pasco, 2019. The States which received an EIDL Putnam, Sarasota, Sumter, Wakulla Incident: Severe Storms and Flooding. Declaration # are Illinois, Iowa, Georgia: Camden, Charlton Incident Period: 02/24/2019 through Kentucky, Missouri, Wisconsin. 07/03/2019. The Interest Rates are: (Catalog of Federal Domestic Assistance DATES: Issued on 11/14/2019. Number 59008) Percent Physical Loan Application Deadline Date: 01/13/2020. Christopher Pilkerton, Businesses and Small Agricultural Economic Injury (EIDL) Loan Acting Administrator. Cooperatives Without Credit Application Deadline Date: 08/14/2020. [FR Doc. 2019–25235 Filed 11–20–19; 8:45 am] Available Elsewhere ...... 4.000 Non-Profit Organizations without ADDRESSES: Submit completed loan BILLING CODE 8026–03–P Credit Available Elsewhere ...... 2.750 applications to: U.S. Small Business Administration, Processing and SMALL BUSINESS ADMINISTRATION The number assigned to this disaster Disbursement Center, 14925 Kingsport for economic injury is 161830. Road, Fort Worth, TX 76155. [Disaster Declaration #16183; Florida The States which received an EIDL FOR FURTHER INFORMATION CONTACT: A. Disaster Number FL–00150 Declaration of Declaration # are Florida, Georgia. Escobar, Office of Disaster Assistance, Economic Injury] (Catalog of Federal Domestic Assistance U.S. Small Business Administration, Number 59008) 409 3rd Street SW, Suite 6050, Administrative Declaration of an Washington, DC 20416, (202) 205–6734. Economic Injury Disaster for the State Christopher Pilkerton, of Florida SUPPLEMENTARY INFORMATION: Notice is Acting Administrator. hereby given that as a result of the AGENCY: U.S. Small Business [FR Doc. 2019–25226 Filed 11–20–19; 8:45 am] Administrator’s disaster declaration, Administration. BILLING CODE 8026–03–P applications for disaster loans may be ACTION: Notice. filed at the address listed above or other locally announced locations. SUMMARY: This is a notice of an DEPARTMENT OF STATE The following areas have been Economic Injury Disaster Loan (EIDL) determined to be adversely affected by declaration for the State of Florida, [Public Notice: 10954] the disaster: dated 11/13/2019. Foreign Affairs Policy Board Meeting Incident: Hurricane Dorian. Primary Counties: Alexander, Jersey, Notice of Closed Meeting Rock Island, Stephenson. Incident Period: 08/28/2019 through Contiguous Counties: 09/09/2019. In accordance with the Federal Illinois: Calhoun, Carroll, Greene, DATES: Issued on 11/13/2019. Advisory Committee Act, 5 U.S.C. App., Henry, Jo Daviess, Macoupin, Economic Injury (EIDL) Loan the Department of State announces a Madison, Mercer, Ogle, Pulaski, Application Deadline Date: 08/13/2020. meeting of the Foreign Affairs Policy

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Board to take place on December 16, DEPARTMENT OF TRANSPORTATION and 5 p.m., e.t., Monday through Friday, 2019, at the Department of State, except Federal holidays. Washington, DC. Federal Motor Carrier Safety Administration II. Legal Basis The Foreign Affairs Policy Board FMCSA has authority under 49 U.S.C. reviews and assesses: (1) Global threats [Docket No. FMCSA–2019–0085] 31136(e) and 31315 to grant exemptions and opportunities; (2) trends that from certain Federal Motor Carrier implicate core national security Hours of Service of Drivers: National Safety Regulations (FMCSRs). FMCSA interests; (3) technology tools needed to Waste & Recycling Association; must publish a notice of each exemption advance the State Department’s mission; Application for Exemption request in the Federal Register (49 CFR and (4) priorities and strategic AGENCY: Federal Motor Carrier Safety 381.315(a)). The Agency must provide frameworks for U.S. foreign policy. Administration (FMCSA), DOT. the public an opportunity to inspect the Pursuant to section 10(d) of the Federal information relevant to the application, ACTION: Notice of final disposition. Advisory Committee Act, 5 U.S.C. App including any safety analyses that have § 10(d), and 5 U.S.C. 552b(c)(1), it has SUMMARY: FMCSA announces its been conducted. The Agency must also been determined that this meeting will decision to grant the National Waste & provide an opportunity for public be closed to the public as the Board will Recycling Association’s (NWRA) request comment on the request. be reviewing and discussing matters for exemption from the requirement that The Agency reviews the safety properly classified in accordance with short-haul drivers utilizing the records analyses and public comments Executive Order 13526. of duty status (RODS) exception return submitted, and determines whether to their normal work-reporting location granting the exemption would likely For more information, contact Duncan achieve a level of safety equivalent to, within 12 hours after coming on duty. Walker at (202) 647–2236. or greater than, the level that would be The exemption enables all NWRA achieved by the current regulation (49 Duncan H. Walker, members’ short-haul commercial motor CFR 381.305). The Agency’s decision vehicle (CMV) drivers in the waste and Designated Federal Officer, Department of must be published in the Federal recycling industry to return to their State. Register (49 CFR 381.315(b)) with the work-reporting location within 14 hours [FR Doc. 2019–25187 Filed 11–20–19; 8:45 am] reasons for denying or granting the (instead of the current 12 hours) without BILLING CODE 4710–10–P application and, if granted, the name of losing their short-haul status. FMCSA the person or class of persons receiving has analyzed the exemption application the exemption, and the regulatory and the public comments and has provision from which the exemption is determined that the exemption, subject STATE JUSTICE INSTITUTE granted. The notice must specify the to the terms and conditions imposed, effective period (up to 5 years) and will achieve a level of safety that is SJI Board of Directors Meeting, Notice explain its terms and conditions. The equivalent to, or greater than, the level exemption may be renewed (49 CFR that would be achieved absent such AGENCY: State Justice Institute. 381.300(b)). exemption. ACTION: Notice of meeting. III. Request for Exemption DATES: This exemption is effective Under FMCSA’s current hours-of- SUMMARY: The SJI Board of Directors November 21, 2019 through November service (HOS) rules, drivers are not will be meeting on Monday, December 21, 2024. FOR FURTHER INFORMATION CONTACT: Mr. required to prepare and maintain 2, 2019 at 1:00 p.m. The meeting will be records of duty status (RODS) provided held at SJI Headquarters in Reston, Richard Clemente, FMCSA Driver and Carrier Operations Division; Telephone: that (among other things) they return to Virginia. The purpose of this meeting is their normal work reporting location to consider grant applications for the 1st (202) 366–2722; Email: MCPSD@ dot.gov. If you have questions on and are released from work within 12 quarter of FY 2020, and other business. hours after coming on duty (49 CFR All portions of this meeting are open to viewing or submitting material to the docket, contact Docket Services, 395.1(e)(1)). A driver who exceeds the public. telephone (202) 366–9826. the12-hour limit loses the short-haul exception and must immediately ADDRESSES: State Justice Institute SUPPLEMENTARY INFORMATION: Headquarters, 11951 Freedom Drive, prepare RODS for the entire day, often Suite 1020, Reston, Virginia 20190. I. Public Participation by means of an electronic logging device (ELD) (49 CFR 395.8(a)(1)(i)). FOR FURTHER INFORMATION CONTACT: Viewing Comments and Documents NWRA represents approximately 700 Jonathan Mattiello, Executive Director, To view comments, as well as publicly traded and privately-owned State Justice Institute, 11951 Freedom documents mentioned in this preamble local, regional, national and Drive, Suite 1020, Reston, VA 20190, as being available in the docket, go to international waste and recycling 571–313–8843, [email protected]. www.regulations.gov and insert the companies. These motor carriers operate docket number, FMCSA–2019–0085 in more than 100,000 waste and recycling Jonathan D. Mattiello, the ‘‘Keyword’’ box and click ‘‘Search.’’ collection trucks and employ an even Executive Director. Next, click the ‘‘Open Docket Folder’’ greater number of commercial motor [FR Doc. 2019–25289 Filed 11–20–19; 8:45 am] button and choose the document to vehicle (CMV) drivers. Its drivers BILLING CODE P review. If you do not have access to the routinely qualify for the short-haul HOS internet, you may view the docket exception in 49 CFR 395.1(e)(1); online by visiting the Docket however, on occasion, these drivers Management Facility in Room W12–140 cannot complete their duty day within on the ground floor of the DOT West 12 hours. The drivers may exceed the Building, 1200 New Jersey Avenue SE, 12-consecutive hour limitation of the Washington, DC 20590, between 9 a.m. short-haul exception more than 8 times

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in any 30-day period due to operating driver cannot always return to the work impacts the type of HOS records restrictions placed upon the industry by reporting location within the allotted 12 required. The Agency has granted States and localities, inclement weather, hours; (2) requiring waste and recycling similar exemptions to the National traffic congestion, and other drivers to log their HOS on an ELD Asphalt Paving Association [January 26, circumstances beyond their control. causes driver distraction; and (3) 2018, (83 FR 3864)], the Motion Picture Once they exceed the 8-in-30-day granting NWRA’s application for Association of America [January 19, threshold, NWRA member companies exemption is consistent with a number 2018, (83 FR 2869)], and Waste must install electronic logging devices of the Agency’s prior exemptions, Management Holdings, Inc. [October 25, (ELDs) to document driver’s duty status including those issued to the National 2018 83 FR 53940]. (49 CFR 395.8(a)(1)(iii)(A)(1)). Asphalt Pavement Association and VI. FMCSA Decision Therefore, NWRA’s application for a 14- Waste Management, Inc. hour day would help some of its Regarding the first reason given in FMCSA has evaluated NWRA’s member carriers to avoid the economic support of the exemption, commenters application and the public comments burden of installing ELD’s when their noted that drivers may exceed the 12- and determined that it is appropriate to drivers occasionally exceed the 8-in-30- hours on-duty limitation under the grant the request. Because the day threshold for the ELD mandate. short-haul exemption more than eight exemption would extend neither the 11- NWRA notes that drivers in the times in any 30-day period due to hour driving time allowed during the asphalt-paving business were granted a operating restrictions placed upon the work shift nor the 14-hour driving similar exemption [83 FR 3864, Jan. 26, industry by the State, localities, window applicable to all other truck 2018], and that 49 CFR 395.1(e)(1)(ii)(B) inclement weather, traffic congestion, drivers, there is no reason to believe that reflects a statutory exemption for the and other circumstances beyond their the safety performance of these drivers ready-mixed concrete industry. NWRA control. With regard to the second would be compromised. Drivers would further notes that FMCSA recently reason, commenters believe that, from a continue to return to the normal work- granted one of its member companies, safety perspective, the following reporting location at the end of each Waste Management Holdings, Inc., a burdens and risks are a concern, work shift and continue to comply with similar exemption [83 FR 53940, Oct. particularly for residential, short-haul the weekly HOS limits. Therefore, the 25, 2018]. NWRA argues that granting a drivers: An ELD device which requires Agency believes that the exempted broader exemption would create interaction by the driver making drivers will likely achieve a level of regulatory consistency across the entire frequent duty-status changes, as the safety that is equivalent to or greater waste and recycling industry. trucks stop to pick up waste, would than, the level of safety achieved NWRA asserts that waste and cause significant distractions; and without the exemption [49 CFR recycling carriers have virtually no maneuvering through residential areas, 381.305(a)]. The exemption will allow record of HOS violations in the parking lots, among parked cars, drivers for NWRA’s member companies Agency’s Compliance, Safety, pedestrians, and other motorists of all to use the short-haul RODS exception, Accountability (CSA) Safety types requires the constant, undivided but with a 14-hour duty period instead Measurement System (SMS), nor is attention of drivers, both for their own of 12 hours. there a history of CSA interventions for safety and for that of the general public. The FMCSA emphasizes that absent HOS non-compliance by these carriers. Commenters further argued that the exemption, these drivers could take NWRA adds that there is no equivalent granting a broader exemption to NWRA advantage of the current exemption that or greater level of safety that ELDs member companies—based on prior allows driver up to eight days within a would bring to the waste and recycling FMCSA exemptions on this same 30-consecutive day period to operate industry. issue—would create regulatory beyond the short-haul limits without NWRA’s application for exemption is consistency across the entire waste and incurring the costs of using ELDs. available for review in the docket recycling industry. One individual Through this exemption, motor carriers referenced at the beginning of the commenter opposed the application, and drivers will have additional notice. stating that the Agency should stop flexibility to address situations when granting exemptions like the one IV. Public Comments drivers operate beyond the 12-hour requested by NWRA. short-haul limit for more than 8 days On March 29, 2019, FMCSA during a 30-day period. published notice of this application and V. FMCSA Response to Comments requested public comment (84 FR The Agency agrees with the VII. Terms and Conditions for the 12019). The Agency received 13 commenters who support the Exemption comments 12 supporting the application because the exemption • Drivers for member companies of application. Seven of these comments would not allow additional driving time the National Waste & Recycling were filed by waste and recycling- during the work shift or allow driving Association must have a copy of this related companies: Republic Services; after the 14th hour from the beginning notice or equivalent signed FMCSA Waste Connections; Rumpke Waste and of the work shift. In addition, drivers exemption document in their possession Recycling; Kimble Recycling and would remain limited by the weekly 60- while operating under the terms of the Disposal; Waste Management; Texas or 70-hour limits and the employer must exemption. The exemption document Disposal Systems; and the National maintain accurate time records must be presented to law enforcement Demolition Association. Five concerning the time the driver reports officials upon request. individuals also supported the for work each day, the total number of • Drivers for NWRA member exemption request. One individual hours the driver is on duty each day, companies must return to the work opposed the application. and the time the driver is released from reporting location and be released from The primary reasons cited for duty each day. The exemption would work within 14 consecutive hours. supporting the NWRA request include provide limited relief from the • NWRA member companies must the following: (1) The HOS of waste and recordkeeping requirements for HOS for maintain accurate time records recycling drivers are impacted by factors short-haul drivers who find it necessary concerning the time the driver reports outside their control, which means the to exceed the 12-hour limit, which for work each day, the total number of

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hours the driver is on duty each day, compromised or if the continuation of FOR FURTHER INFORMATION CONTACT: Ms. and, the time the driver is released from this exemption is inconsistent with 49 Christine A. Hydock, Chief, Medical duty each day. U.S.C. 31315(b)(4) and 31136(e), Programs Division, 202–366–4001, FMCSA will immediately take steps to [email protected], FMCSA, Extent of the Exemption revoke the exemption of the company Department of Transportation, 1200 This exemption is limited to the and drivers in question. New Jersey Avenue SE, Room W64–224, provisions of 49 CFR 395.1(e)(1)(ii) and Issued on: November 15, 2019. Washington, DC 20590–0001. Office is available only to drivers for Jim Mullen, hours are from 8:30 a.m. to 5 p.m., ET, companies that are members of NWRA. Deputy Administrator. Monday through Friday, except Federal These drivers must comply will all holidays. If you have questions [FR Doc. 2019–25335 Filed 11–20–19; 8:45 am] other applicable provisions of the regarding viewing or submitting FMCSRs. BILLING CODE 4910–EX–P material to the docket, contact Docket Preemption Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: In accordance with 49 U.S.C. DEPARTMENT OF TRANSPORTATION I. Public Participation 31315(d), during the period this Federal Motor Carrier Safety exemption is in effect, no State shall Administration A. Submitting Comments enforce any law or regulation that conflicts with or is inconsistent with [Docket No. FMCSA–2014–0387] If you submit a comment, please this exemption with respect to a firm or include the docket number for this person operating under the exemption. Qualification of Drivers; Exemption notice (Docket No. FMCSA–2014–0387), Applications; Hearing indicate the specific section of this Notification to FMCSA AGENCY: Federal Motor Carrier Safety document to which each comment Any NWRA member company Administration (FMCSA), DOT. applies, and provide a reason for each suggestion or recommendation. You utilizing this exemption must notify ACTION: Notice of renewal of may submit your comments and FMCSA within 5 business days of any exemptions; request for comments. accident (as defined in 49 CFR 390.5), material online or by fax, mail, or hand involving any of the motor carrier’s SUMMARY: FMCSA announces its delivery, but please use only one of CMVs operating under the terms of this decision to renew exemptions for two these means. FMCSA recommends that exemption. The notification must individuals from the hearing you include your name and a mailing include the following information: requirement in the Federal Motor address, an email address, or a phone (a) Identity of the exemption: Carrier Safety Regulations (FMCSRs) for number in the body of your document ‘‘National Waste & Recycling interstate commercial motor vehicle so that FMCSA can contact you if there Association;’’ (CMV) drivers. The exemptions enable are questions regarding your (b) Name of operating motor carrier; these hard of hearing and deaf submission. (c) Date of the accident; individuals to continue to operate CMVs To submit your comment online, go to (d) City or town, and State, in which in interstate commerce. http://www.regulations.gov/ the accident occurred, or closest to the DATES: The exemptions were applicable docket?D=FMCSA-2014-0387. Click on accident scene; on October 22, 2019. The exemptions the ‘‘Comment Now!’’ button and type (e) Driver’s name and license number; expire on October 22, 2021. Comments your comment into the text box on the (f) Vehicle number and State license must be received on or before December following screen. Choose whether you number; 23, 2019. are submitting your comment as an (g) Number of individuals suffering ADDRESSES: You may submit comments individual or on behalf of a third party physical injury; identified by the Federal Docket and then submit. (h) Number of fatalities; Management System (FDMS) Docket No. If you submit your comments by mail (i) The police-reported cause of the FMCSA–2014–0387 using any of the or hand delivery, submit them in an accident; following methods: unbound format, no larger than 81⁄2 by (j) Whether the driver was cited for • Federal eRulemaking Portal: Go to 11 inches, suitable for copying and violation of any traffic laws, motor http://www.regulations.gov/ electronic filing. If you submit carrier safety regulations; and docket?D=FMCSA-2014-0387. Follow comments by mail and would like to (k) The driver’s total driving time and the online instructions for submitting know that they reached the facility, total on-duty time period prior to the comments. please enclose a stamped, self-addressed accident. • Mail: Docket Operations; U.S. postcard or envelope. Reports filed under this provision Department of Transportation, 1200 FMCSA will consider all comments shall be emailed to [email protected]. New Jersey Avenue SE, West Building and material received during the comment period. Termination Ground Floor, Room W12–140, Washington, DC 20590–0001. B. Viewing Documents and Comments FMCSA does not believe the drivers • Hand Delivery: West Building covered by this exemption will Ground Floor, Room W12–140, 1200 To view comments, as well as any experience any deterioration of their New Jersey Avenue SE, Washington, documents mentioned in this notice as safety record. DC, between 9 a.m. and 5 p.m., ET, being available in the docket, go to Interested parties or organizations Monday through Friday, except Federal http://www.regulations.gov/ possessing information that would Holidays. docket?D=FMCSA-2014-0387 and otherwise show that any or all of these • Fax: (202) 493–2251. choose the document to review. If you motor carriers are not achieving the To avoid duplication, please use only do not have access to the internet, you requisite statutory level of safety should one of these four methods. See the may view the docket online by visiting immediately notify FMCSA. The ‘‘Public Participation’’ portion of the the Docket Operations in Room W12– Agency will evaluate any information SUPPLEMENTARY INFORMATION section for 140 on the ground floor of the DOT submitted and, if safety is being instructions on submitting comments. West Building, 1200 New Jersey Avenue

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SE, Washington, DC 20590, between 9 statutory level of safety should CDL testing requirements. Each a.m. and 5 p.m., ET, Monday through immediately notify FMCSA. The exemption will be valid for 2 years Friday, except Federal holidays. Agency will evaluate any adverse unless rescinded earlier by FMCSA. The evidence submitted and, if safety is C. Privacy Act exemption will be rescinded if: (1) The being compromised or if continuation of person fails to comply with the terms In accordance with 5 U.S.C. 553(c), the exemption would not be consistent and conditions of the exemption; (2) the DOT solicits comments from the public with the goals and objectives of 49 exemption has resulted in a lower level to better inform its rulemaking process. U.S.C. 31136(e) and 31315(b), FMCSA of safety than was maintained before it DOT posts these comments, without will take immediate steps to revoke the was granted; or (3) continuation of the edit, including any personal information exemption of a driver. exemption would not be consistent with the commenter provides, to the goals and objectives of 49 U.S.C. www.regulations.gov, as described in IV. Basis for Renewing Exemptions 31136(e) and 31315(b). the system of records notice (DOT/ALL– In accordance with 49 U.S.C. 31136(e) 14 FDMS), which can be reviewed at and 31315(b), each of the two applicants VI. Preemption www.dot.gov/privacy. has satisfied the renewal conditions for During the period the exemption is in II. Background obtaining an exemption from the hearing requirement. The two drivers in effect, no State shall enforce any law or Under 49 U.S.C. 31136(e) and this notice remain in good standing with regulation that conflicts with this 31315(b), FMCSA may grant an the Agency. In addition, for Commercial exemption with respect to a person exemption from the FMCSRs for no Driver’s License (CDL) holders, the operating under the exemption. longer than a 5-year period if it finds Commercial Driver’s License VII. Conclusion such exemption would likely achieve a Information System and the Motor level of safety that is equivalent to, or Carrier Management Information System Based upon its evaluation of the two greater than, the level that would be are searched for crash and violation exemption applications, FMCSA renews achieved absent such exemption. The data. For non-CDL holders, the Agency the exemptions of the aforementioned statute also allows the Agency to renew reviews the driving records from the drivers from the hearing requirement in exemptions at the end of the 5-year State Driver’s Licensing Agency. These § 391.41 (b)(11). In accordance with 49 period. FMCSA grants medical factors provide an adequate basis for U.S.C. 31136(e) and 31315(b), each exemptions from the FMCSRs for a 2- predicting each driver’s ability to year period to align with the maximum exemption will be valid for two years continue to safely operate a CMV in unless revoked earlier by FMCSA. duration of a driver’s medical interstate commerce. Therefore, FMCSA certification. concludes that extending the exemption Issued on: November 14, 2019. The physical qualification standard for each of these drivers for a period of Larry W. Minor, for drivers regarding hearing found in 2 years is likely to achieve a level of Associate Administrator for Policy. 49 CFR 391.41(b)(11) states that a safety equal to that existing without the person is physically qualified to drive a [FR Doc. 2019–25341 Filed 11–20–19; 8:45 am] exemption. BILLING CODE 4910–EX–P CMV if that person first perceives a As of October 22, 2019, and in forced whispered voice in the better ear accordance with 49 U.S.C. 31136(e) and at not less than 5 feet with or without 31315(b), the following two individuals DEPARTMENT OF TRANSPORTATION the use of a hearing aid or, if tested by have satisfied the renewal conditions for use of an audiometric device, does not obtaining an exemption from the Federal Motor Carrier Safety have an average hearing loss in the hearing requirement in the FMCSRs for Administration better ear greater than 40 decibels at 500 interstate CMV drivers: Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the Richard A. Carter (MD) and Donnie [Docket No. FMCSA–2018–0368] audiometric device is calibrated to Lamar McEntire, Jr. (GA). American National Standard (formerly The drivers were included in docket Hours of Service of Drivers: North ASA Standard) Z24.5—1951. number FMCSA–2014–0387. Their Shore Environmental Construction, This standard was adopted in 1970 exemptions are applicable as of October Inc.; Application for Exemption and was revised in 1971 to allow drivers 22, 2109, and will expire on October 22, to be qualified under this standard 2021. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. while wearing a hearing aid, 35 FR V. Conditions and Requirements 6458, 6463 (April 22, 1970) and 36 FR ACTION: Notice of final disposition. 12857 (July 3, 1971). The exemptions are extended subject The two individuals listed in this to the following conditions: (1) Each SUMMARY: FMCSA announces its notice have requested renewal of their driver must report any crashes or decision to deny North Shore exemptions from the hearing standard accidents as defined in § 390.5; and (2) in § 391.41(b)(11), in accordance with report all citations and convictions for Environmental Construction, Inc.’s FMCSA procedures. Accordingly, disqualifying offenses under 49 CFR 383 (North Shore) application for exemption FMCSA has evaluated these and 49 CFR 391 to FMCSA; and (3) each from the ‘‘14-hour rule’’ of the hours-of- applications for renewal on their merits driver prohibited from operating a service (HOS) regulations for drivers and decided to extend each exemption motorcoach or bus with passengers in responding to actual and potential for a renewable 2-year period. interstate commerce. The driver must environmental emergencies. FMCSA also have a copy of the exemption when analyzed the exemption application and III. Request for Comments driving, for presentation to a duly the public comments and determined Interested parties or organizations authorized Federal, State, or local that the applicant will not achieve a possessing information that would enforcement official. In addition, the level of safety that is equivalent to, or otherwise show that any, or all, of these exemption does not exempt the greater than, the level that would be drivers are not currently achieving the individual from meeting the applicable achieved absent such exemption.

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FOR FURTHER INFORMATION CONTACT: Mr. an exemption from the ‘‘14-hour rule’’ management. North Shore also offers the Richard Clemente, FMCSA Driver and [49 CFR 395.3(a)(2)] for its drivers maintenance of a multitude of safety, Carrier Operations Division; Telephone: responding to environmental security, annual medical surveillance, (202) 366–4325; Email: emergencies. North Shore employs 12 and training plans, as well as [email protected]. If you have questions commercial driver’s license holders and comprehensive drug and alcohol on viewing or submitting material to the its total number of commercial motor programs compliant with multiple docket, contact Docket Services, vehicles (CMVs) is 15. In responding to Department of Transportation telephone (202) 366–9826. emergency incidents, North Shore’s regulations. SUPPLEMENTARY INFORMATION: technicians work alongside a mix of V. Public Comments private industry and public agencies; I. Public Participation their work often has a direct impact on On December 18, 2018, FMCSA published notice of this application and Viewing Comments and Documents the protection of both public safety and the environment. North Shore advises requested public comment (83 FR To view comments, as well as that it is contractually required to 64925). The Agency received three documents mentioned in this preamble provide direct assistance to responsible comments, all opposing the exemption. as being available in the docket, go to parties who are experiencing actual or The Commercial Vehicle Safety Alliance www.regulations.gov and insert the potential environmental emergencies. (CVSA) argued that the request is both docket number, FMCSA–2018–0368 in North Shore’s employees are hybrid unjustified and impractical. According the ‘‘Keyword’’ box and click ‘‘Search.’’ driver/operator/technicians. Their to CVSA, ‘‘first and foremost, Next, click the ‘‘Open Docket Folder’’ duties include industrial maintenance, exemptions from federal safety button and choose the document to spill response, sampling, lab packing, regulations have the potential to review. If you do not have access to the and waste management. Per North undermine safety, while also internet, you may view the docket Shore, with the current driver shortage, complicating the enforcement process. online by visiting the Docket obtaining drivers with these additional The Federal Motor Carrier Safety Management Facility in Room W12–140 skills and experience has become Regulations (FMCSRs) and HM on the ground floor of the DOT West problematic. Regulations exist to ensure that those Building, 1200 New Jersey Avenue SE, North Shore requested relief from the operating in the transportation industry Washington, DC 20590, between 9 a.m. ‘‘14-hour rule.’’ North Shore states that are equipped to do so safely. If granted, and 5 p.m., E.T., Monday through the hours-of-service (HOS) rules have this exemption would place an Friday, except Federal holidays. always been an issue for emergency excessive burden on the enforcement community and negatively impact II. Legal Basis response companies. It requests this exemption to allow the company to safety. The federal HOS requirements FMCSA has authority under 49 U.S.C. respond to a release or threat of a release exist to help prevent and manage driver 31136(e) and 31315 to grant exemptions of oil and other hazardous materials fatigue.’’ from certain Federal Motor Carrier (HM), subject to the following The Agency also received comments Safety Regulations (FMCSRs). FMCSA conditions for each driver: from Mr. Brian Fuller and Mr. Michael must publish a notice of each exemption • On-duty period will not exceed 4.5 Millard. Both opposed exemptions from request in the Federal Register (49 CFR additional hours for initial response; the HOS rules in general. Mr. Millard 381.315(a)). The Agency must provide • Any driver who exceeds the 14- also argued that the requested the public an opportunity to inspect the hour period would in no case exceed a exemption is duplicative of the information relevant to the application, total of 8 hours’ drive time; emergency relief rule under § 390.23. including any safety analyses that have • Drivers would not exceed 70 hours VI. FMCSA Response and Decision been conducted. The Agency must also on duty in 8 days; provide an opportunity for public • Drivers would be required to take FMCSA has evaluated North Shore’s comment on the request. 10 hours off duty, subsequent to the application for exemption and the The Agency reviews the safety duty day; and public comments submitted and hereby analyses and public comments • All activities would be subject to denies the exemption. When the Agency submitted, and determines whether the electronic logging device rule. established the rules mandating HOS, it granting the exemption would likely According to North Shore, the initial relied upon research indicating that the achieve a level of safety equivalent to, response hours are the most critical in rules improve CMV safety. These or greater than, the level that would be an environmental emergency. North regulations put limits in place for when achieved by the current regulation (49 Shore believes that a tightly managed and how long an individual may drive CFR 381.305). The Agency’s decision exemption provides a risk averse to ensure that drivers stay awake and must be published in the Federal situation by discouraging potentially alert while driving and to reduce the Register (49 CFR 381.315(b)) with the unmanaged risk taking. If the exemption possibility of driver fatigue. reasons for denying or granting the is not granted, there could be a Based on the body of research the application and, if granted, the name of disruption of nation/regional commerce Agency has relied upon in developing the person or class of persons receiving activities, including power restoration the HOS requirements, there is no basis the exemption, and the regulatory activities and protection of interstate for granting an exemption that would provision from which the exemption is commerce and infrastructure. allow an individual to drive after the granted. The notice must also specify A copy of the North Shore application 18th hour after coming on duty when the effective period (up to 5 years) and for exemption is available for review in there is no mandatory off-duty time explain its terms and conditions. The the docket for this notice. included within the 18-hour period. exemption may be renewed (49 CFR Although the applicant explained that IV. Method To Ensure an Equivalent 381.300(b)). drivers would not exceed 8 hours of Level of Safety driving time during a work shift, the III. Request for Exemption To ensure an equivalent level of safety Agency does not believe there is a basis North Shore Environmental North Shore offers to implement for concluding that the 8-hour limit on Construction, Inc. (North Shore) seeks policies on fatigue and transportation driving time offsets the potential

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increase in safety risks associated with Standards; Telephone: 202–366–9220. requirement of 49 CFR 395.3(b)(1) an 18.5 hour driving window. Email: [email protected]. If which prohibits a motor carrier from The applicant is essentially requesting you have questions on viewing or permitting or requiring a driver to drive that the 14-hour rule be extended by 4.5 submitting material to the docket, a property-carrying CMV after the driver hours in exchange for a 3-hour contact Docket Services, telephone (202) has been on duty 60 hours within a reduction in the driving-time limit. The 366–9826. period of 7 consecutive days if the Agency does not find this safety SUPPLEMENTARY INFORMATION: employing motor carrier does not equivalency claim to be persuasive. operate CMVs every day of the week. The North Shore application does not I. Public Participation Wolfe does not operate CMVs every day analyze the safety impacts the requested Viewing Comments and Documents of the week and is therefore prohibited exemption from the HOS regulations from using the 70-hour/8-day rule in 49 may cause nor does it provide To view comments, as well as CFR 395.3(b)(2) for its business countermeasures to ensure that the documents mentioned in this preamble operations. exemption would likely achieve a level as being available in the docket, go to According to Wolfe, its primary line of safety equivalent to, or greater than, www.regulations.gov and insert the of business is lifting and moving the level that would be achieved by the docket number, ‘‘FMCSA–2018–0235 in buildings. Drivers employed by Wolfe current regulations. Furthermore, the the ‘‘Keyword’’ box and click ‘‘Search.’’ transport steel beams and dollies to and applicant did not provide clear Next, click the ‘‘Open Docket Folder’’ from various jobsites where work is parameters that would have to be met to button and choose the document to performed. Wolfe advised that its trigger the exemption. review. If you do not have access to the owners believe that Sunday is a day of For these reasons, FMCSA denied the internet, you may view the docket in rest and worship and refuse any request for exemption. person by visiting the Docket business opportunities that would Management Facility in Room W12–140 require Sunday work. Issued on: November 14, 2019. on the ground floor of the DOT West Because Wolfe does not conduct Jim Mullen, Building, 1200 New Jersey Avenue SE, business on Sunday, its commercial Deputy Administrator. Washington, DC 20590, between 9 a.m. business operations are subject to the [FR Doc. 2019–25340 Filed 11–20–19; 8:45 am] and 5 p.m., e.t., Monday through Friday, 60-hours-in-7-day rule set forth in 49 BILLING CODE 4910–EX–P except Federal holidays. CFR 395.3(b)(1). Due to the geographical II. Legal Basis spread of its operations, Wolfe asserted that the 60-hour limitation is a DEPARTMENT OF TRANSPORTATION FMCSA has authority under 49 U.S.C. substantial burden. Wolfe explained in 31136(e) and 31315 to grant exemptions its application that the company Federal Motor Carrier Safety from certain Federal Motor Carrier attempts to schedule work so that all Administration Safety Regulations (FMCSRs). FMCSA crews can be at their home terminal [Docket No. FMCSA–2018–0235] must publish a notice of each exemption before the 60th on-duty hour of the request in the Federal Register (49 CFR week. However, weather, traffic, or Hours of Service of Drivers: Wolfe 381.315(a)). The Agency must provide jobsite conditions sometimes delay House Movers, LLC and Wolfe House the public an opportunity to inspect the completion of projects causing crews to Movers of Indiana, LLC; Application for information relevant to the application, be stranded one or two hours’ drive Exemption including any safety analyses that have from the home terminal. When delays been conducted. The Agency must also occur relief drivers are sent in non- AGENCY: Federal Motor Carrier Safety provide an opportunity for public commercial vehicles to pick up stranded Administration (FMCSA), DOT. comment on the request. drivers so that the drivers who have run ACTION: Notice of final disposition; The Agency reviews safety analyses out of hours can drive back to the home denial of application for exemption. and public comments submitted, and terminal using the non-commercial determines whether granting the vehicles while the relief drivers return SUMMARY: FMCSA announces its exemption would likely achieve a level decision to deny Wolfe House Movers, the CMVs to the terminal. of safety equivalent to, or greater than, Wolfe reports that it is a small LLC and Wolfe House Movers of the level that would be achieved by the company and it is difficult to have relief Indiana, LLC (Wolfe) an exemption from current regulation (49 CFR 381.305). drivers available on short notice; this is the hours-of-service (HOS) 60-hour/7- The decision of the Agency must be unproductive and costly for the day rule for its drivers engaged in published in the Federal Register (49 company. Wolfe asserted that the stress transporting steel beams and dollies to CFR 381.315(b)) with the reasons for and pressure associated with and from various job sites for lifting and denying or granting the application and, approaching the 60-hour cut-off is likely moving buildings. FMCSA has analyzed if granted, the name of the person or to have a detrimental effect on the safety the exemption application and public class of persons receiving the performance of even well-trained and comments, and has determined that the exemption, and the regulatory provision well-qualified drivers. applicant would not achieve a level of from which the exemption is granted. According to Wolfe, allowing it to use safety that is equivalent to, or greater The notice must also specify the the 70-hour on-duty limit for all drivers than, the level that would be achieved effective period (up to 5 years) and not operating CMVs on Sundays would absent such exemption. FMCSA explain the terms and conditions of the provide the following significant safety therefore denies Wolfe’s application for exemption. The exemption may be benefits: an exemption. renewed (49 CFR 381.300(b)). • The need for relief drivers would be DATES: This decision is effective significantly reduced or eliminated. November 21, 2019. III. Request for Exemption This would result in fewer on-road FOR FURTHER INFORMATION CONTACT: Ms. Wolfe House Movers, LLC (USDOT miles driven (by eliminating the need La Tonya Mimms, FMCSA Driver and 1276267), and Wolfe House Movers of for a relief driver to drive up to 100 Carrier Operations Division; Office of Indiana, LLC (USDOT 1679025) (Wolfe) miles out to pick up the CMV and for Carrier, Driver and Vehicle Safety seek an exemption from the HOS the regular driver to drive the non-CMV

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back the same 100 miles). This would DEPARTMENT OF TRANSPORTATION II. Legal Basis also mean that the CMV would continue FMCSA has authority under 49 U.S.C. Federal Motor Carrier Safety to be driven by the driver most familiar 31136(e) and 31315 to grant exemptions Administration with it, rather than a part-time driver. from certain Federal Motor Carrier • Drivers would be less stressed, Safety Regulations (FMCSRs). FMCSA knowing that they have sufficient time [Docket No. FMCSA–2019–0079] must publish a notice of each exemption to complete their weekly schedule even request in the Federal Register (49 CFR Hours of Service of Drivers: PJ if they are delayed by heavy traffic, 381.315(a)). The Agency must provide Helicopters, Inc.; Application for weather conditions, etc. the public an opportunity to inspect the Exemption A copy of Wolfe’s application for information relevant to the application, exemption is available for review in the AGENCY: Federal Motor Carrier Safety including any safety analyses that have docket for this notice. Administration (FMCSA), DOT. been conducted. The Agency must provide an opportunity for public V. Public Comments ACTION: Notice of final disposition; denial of application for exemption. comment on the request. On October 18, 2018, FMCSA The Agency reviews safety analyses published notice of this application and SUMMARY: FMCSA announces its and public comments submitted and requested public comment (83 FR decision to deny PJ Helicopters, Inc.’s determines whether granting the 52872). The Agency received two (PJH) request for an exemption from the exemption would likely achieve a level comments. Federal hours-of-service (HOS) rules for of safety equivalent to, or greater than, its ground support equipment operators. the level that would be achieved by the Mr. Michael Millard wrote, ‘‘If the The requested exemption would have current regulation (49 CFR 381.305). FMCSA considers approving the request allowed PJH’s ground support The Agency must publish its decision in there should be additional requirements equipment operators a 16-hour window the Federal Register (49 CFR to address training on driver fatigue so within which to complete all driving, 381.315(b)) with the reasons for denying drivers and supervisors can recognize and enable these operators to use an 8- or granting the application, and if the symptoms and not allow drivers to consecutive hour off-duty break, granted, the name of the person or class violate Part 392.3 regarding ill or combined with at least two other off- of persons receiving the exemption and fatigued drivers. If the petition is duty hours during the 16-hour window the regulatory provision from which the approved the carrier should only be within which driving would be exemption is granted. The notice must allowed to use the 34-hour restart once completed, in lieu of taking 10 specify the effective period (up to 5 every six days.’’ consecutive hours off duty. FMCSA years) and explain the terms and Mr. Stanley Roberts stated that ‘‘If analyzed the exemption application and conditions of the exemption. The they get a waiver then there would have public comments and determined that exemption may be renewed (49 CFR to be waivers for several industries and the applicant would not achieve a level 381.300(b)). businesses. I contend that the majority of safety that is equivalent to, or greater III. Request for Exemption of their work would be considered than, the level that would be achieved regional at best and that their drivers are absent such exemption. PJH’s exemption application states close enough to make it home on 60-hr/ FOR FURTHER INFORMATION CONTACT: Mr. that the company has been serving the 7-day rules.’’ Richard Clemente, FMCSA Driver and utility helicopter industry as an emergency response company for more VI. FMCSA Decision Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety than 45 years. Most of its customers are FMCSA has evaluated Wolfe’s Standards; Telephone: 202–366–2722. firefighting agencies, law enforcement application and the public comments Email: [email protected]. If you have agencies, and public utilities. PJH’s and decided to deny Wolfe’s exemption questions on viewing or submitting customers require timely responses and request to operate up to 70 hours in a material to the docket, contact Docket long hours when dealing with 6-day period; the company does not Services, telephone (202) 366–9826. emergency-related incidents. PJH’s helicopters must be fueled and serviced operate CMVs on Sundays. Wolfe did SUPPLEMENTARY INFORMATION: not demonstrate how operating up to 70 in a timely fashion by its ground hours within 6 consecutive days of I. Public Participation support crews. PJH requested an exemption from 49 CFR 395.3(a)(1) and operations (compared to the limit of 60 Viewing Comments and Documents hours within 6 consecutive days of (2) for its ground support equipment operations) would maintain a level of To view comments, as well as operators. safety equivalent to, or greater than, the documents mentioned in this preamble The requested exemption would level of safety that would be achieved as being available in the docket, go to apply to approximately 32 ground without the exemption [49 CFR www.regulations.gov and insert the support equipment operators, each of 381.305(a)]. The company did not docket number, FMCSA–2019–0079, in whom possesses a commercial driver’s provide any countermeasures (e.g., the ‘‘Keyword’’ box and click ‘‘Search.’’ license with applicable endorsements, additional off-duty time, etc.) to address Next, click the ‘‘Open Docket Folder’’ including the tank vehicle endorsement. the approximately 17 percent increase button and choose the document to PJH states that it is an emergency in the maximum amount of on-duty review. If you do not have access to the response company contracted to time that may be accumulated before internet, you may view the docket agencies focused on public safety and driving is prohibited. online by visiting the Docket that there currently are no exemption Management Facility in Room W12–140 provisions in the 49 CFR part 395 for Issued on: November 15, 2019. on the ground floor of the DOT West private companies that assist in Jim Mullen, Building, 1200 New Jersey Avenue SE, emergency efforts. PJH’s Federal and Deputy Administrator. Washington, DC 20590, between 9 a.m. State government contracts specify that [FR Doc. 2019–25330 Filed 11–20–19; 8:45 am] and 5 p.m., E.T., Monday through ground support equipment operators BILLING CODE 4910–EX–P Friday, except Federal holidays. must be available for a maximum of 14

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hours. At the end of the day, when the were filed by individuals—one favored DEPARTMENT OF TRANSPORTATION helicopter has finished flying, a the request, the other took no position mechanic must inspect and repair the either for or against the request. Federal Motor Carrier Safety aircraft as needed. With a long flight day Administration and these added duties, a PJH mechanic V. Equivalent Level of Safety [Docket No. FMCSA–2018–0312] will exceed the ‘‘14-hour rule’’ when To ensure an equivalent level of safety traveling between the helicopter landing PJH is offering the use of electronic zone and the mechanic’s lodging. Hours of Service of Drivers: American logging devices, at least 2 hours off-duty Without the requested 16-hour Bakers Association and International exemption, PJH’s ground crew must be during the requested 16-hour period, Dairy Foods Association; Application released earlier to reach their lodging and infrequent use of the exemption if for Exemption before reaching the 14-hour ‘‘driving granted. According to PJH drivers would need to use the exemption on average AGENCY: Federal Motor Carrier Safety window’’ limit, which decreases the Administration (FMCSA), DOT. availability of the aircraft by a minimum once every 2 weeks during the months of 14 total hours each week. of April through October. ACTION: Notice of final disposition; The second component of PJH’s denial of application for exemption. VI. FMCSA Response exemption request is intended to work SUMMARY: FMCSA announces its in conjunction with the first. It would When the Agency established the decision to deny the joint request from allow ‘‘ground crew members’’ to take rules mandating HOS, it relied upon the American Bakers Association (ABA) only 8, instead of 10, consecutive hours research indicating that the rules and International Dairy Foods off duty before coming on duty again, improve CMV safety. These regulations Association (IDFA) for an exemption provided they take at least 2 hours off put limits in place for when and how from the Federal hours-of-service (HOS) duty during the prior 16-hour driving long an individual may drive to ensure rules for commercial motor vehicle window PJH requested and are (CMV) drivers. The requested responding to or returning from an that drivers stay awake and alert while exemption would have covered rivers active incident as requested by an driving and on a continuing basis to engaged in the delivery of baked goods officer of a public agency or public help reduce the possibility of driver and milk products in anticipation of a utility. fatigue. The PJH application does not PJH estimates that its drivers would provide an analysis of the safety impacts natural disaster or emergency, such as need to use this exemption, on average, the requested exemption from the HOS extreme weather events, natural once every two weeks during the regulations may cause. Additionally, it disasters, etc. FMCSA analyzed the months of April through October. provides no countermeasures that PJH application and public comments, and The PJH application for exemption is would undertake to ensure that the determined that drivers operating under filed in the docket for this notice. exemption would likely achieve a level the proposed exemption would not of safety equivalent to, or greater than, achieve a level of safety that is IV. Public Comments equivalent to, or greater than, the level the level that would be achieved by the that would be achieved absent such On March 29, 2019, FMCSA current regulations. published notice of this application and exemption. Although the applicant is offering at requested public comments (84 FR FOR FURTHER INFORMATION CONTACT: Mr. least 2 hours off duty during the 12018). The Agency received three Richard Clemente, FMCSA Driver and requested 16 hour on duty period, the comments. The Commercial Vehicle Carrier Operations Division; Office of Safety Alliance (CVSA) opposed this applicant offered no data or information Carrier, Driver and Vehicle Safety exemption, stating that the request is that would suggest that allowing a 16- Standards; Telephone: 202–366–2722. both unjustified and impractical. CVSA hour window for multiple consecutive Email: [email protected]. If you have argued that the Federal HOS days with only 8 hours off duty would questions on viewing or submitting requirements exist to help prevent and achieve an equivalent level of safety. material to the docket, contact Docket manage driver fatigue and set forth a Services, telephone (202) 366–9826. framework that, if followed, allows for VII. FMCSA Decision SUPPLEMENTARY INFORMATION: drivers to get the rest necessary to FMCSA has reviewed PJH’s operate their vehicles safely. CVSA application and the public comments I. Public Participation argued that the Federal HOS and has concluded that the requisite Viewing Comments and Documents requirements, if followed, allow drivers level of safety cannot be ensured, for the to get the rest necessary to operate their To view comments, as well as reasons discussed above. Accordingly, vehicles safely. Per CVSA, exemptions documents mentioned in this preamble from Federal safety regulations have the FMCSA denies the request for as being available in the docket, go to potential to undermine safety while exemption. www.regulations.gov and insert the complicating the enforcement process. If Issued on: November 15, 2019. docket number, FMCSA–2018–0312, in granted, this exemption would place an Jim Mullen, the ‘‘Keyword’’ box and click ‘‘Search.’’ excessive burden on the enforcement Deputy Administrator. Next, click the ‘‘Open Docket Folder’’ community and negatively impact button and choose the document to [FR Doc. 2019–25336 Filed 11–20–19; 8:45 am] safety. review. If you do not have access to the CVSA concluded its comment with an BILLING CODE 4910–EX–P internet, you may view the docket emphasis on PJH’s failure to meet a key online by visiting the Docket component of a credible exemption Management Facility in Room W12–140 request, i.e., to identify adequately how on the ground floor of the DOT West its drivers would maintain an Building, 1200 New Jersey Avenue SE, equivalent level of safety while Washington, DC 20590, between 9 a.m. operating under extended HOS and 5 p.m., E.T., Monday through requirements. Two other comments Friday, except Federal holidays.

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II. Legal Basis reasonable judgment is necessarily which provides regulatory relief for FMCSA has authority under 49 U.S.C. inherent in this proposed approach, a regional and local declared emergencies. 31136(e) and 31315 to grant exemptions definition that is tied to § 390.23 would Eight commenters supported the from certain Federal Motor Carrier defeat the purpose of the exemption by ABA/IDFA exemption. One said the Safety Regulations (FMCSRs). FMCSA forcing suppliers to wait for the following, ‘‘In the current driver must publish a notice of each exemption issuance of an official Declaration of shortage, finding the capacity to deliver request in the Federal Register (49 CFR Emergency by the President, State our products is hard enough. Ahead of 381.315(a)). The Agency must provide governors, or FMCSA, which would a storm, where the need for bread the public an opportunity to inspect the often leave insufficient lead time to dramatically increases, increasing information relevant to the application, avoid the depletion of the merchandise delivery capacity is nearly impossible. If including any safety analyses that have from the shelves. Accordingly, the this exemption were to be granted, these been conducted. The Agency must requested exemption would allow companies would be able to utilize this provide an opportunity for public suppliers to use reasonable judgment flexibility to keep up with demands for comment on the request. based on early warning announcements, our food products. The exemption The Agency reviews safety analyses such as hazardous weather would not only help our company meet and public comments submitted, and announcements. Per ABA/IDFA, the this increased demand, but would also determines whether granting the best way to prepare for anticipated dramatically increase roadway safety by exemption would likely achieve a level disasters or emergencies is to increase reducing the number of driver who run of safety equivalent to, or greater than, delivery runs ahead of the impending out of hours in traffic.’’ situation. the level that would be achieved by the V. FMCSA Response and Decision current regulation (49 CFR 381.305). In short, this exemption would allow The Agency’s decision must be suppliers of essential food staples to FMCSA has evaluated ABA/IDFA’s published in the Federal Register (49 increase driving hours to pre-stock joint application and the public CFR 381.315(b)) with the reasons for stores before an emergency made such comments and decided to deny the denying or granting the application and, deliveries more difficult or even exemption. When the Agency if granted, the name of the person or impossible. The exemption would help established the rules mandating HOS, it class of persons receiving the avoid shortages of essential food staples relied upon research indicating that the exemption, and the regulatory provision at retail stores and food establishments rules improve CMV safety. These from which the exemption is granted. that could otherwise result if deliveries regulations put limits in place for when The notice must also specify the are restricted by the generally applicable and how long an individual may drive effective period (up to 5 years) and HOS rules in 49 CFR 395. to ensure that drivers stay awake and explain the terms and conditions of an The application for exemption is in alert while driving and on a continuing exemption. An exemption may be the docket for this notice. basis to help reduce the possibility of renewed (49 CFR 381.300(b)). driver fatigue. IV. Public Comments The ABA/IDFA application provides III. Request for Exemption On December 18, 2018, FMCSA neither an analysis of the potential The American Bakers Association published notice of this application and safety impacts of the requested (ABA) represents the wholesale baking requested public comments (83 FR exemption nor countermeasures to be industry; the International Dairy Foods 64927). The Agency received 13 undertaken to ensure that the exemption Association (IDFA) represents the dairy comments. Four commenters, including would likely achieve a level of safety manufacturing and marketing industry. the Commercial Vehicle Safety Alliance equivalent to, or greater than, the level ABA/IDFA seek an exemption from the (CVSA), opposed the exemption request. that would be achieved by the current provisions of 49 CFR 395.3, ‘‘Maximum CVSA said it was both unjustified and regulations. In addition, comments driving time for property-carrying impractical. Per CVSA, exemptions from received—most notably those comments vehicles,’’ for their drivers delivering Federal safety regulations have the from CVSA—opposed the granting of ‘‘essential food staples,’’ particularly potential to undermine safety while the exemption as it could cause baked goods and milk products, in complicating the enforcement process. confusion and undermine enforcement. anticipation of natural disasters or other Furthermore, the Federal Motor Carrier The Agency cannot ensure that the emergency conditions. The requested Safety Regulations and the Hazardous exemption would achieve an equivalent exemption would cover only the 72- Materials Regulations exist to ensure level of safety for the following reasons: hour period in advance of, during, and that those operating in the 1. The terms and conditions, as shortly after the emergency condition, transportation industry are equipped to proposed in the application, would when ABA/IDFA claim the hours-of- do so safely. CVSA stated that, if provide unlimited flexibility in: Driving service (HOS) rules can be an granted, the exemption would burden more than 11-hours, following 10 unintended barrier to efficient disaster the enforcement community excessively consecutive hours off-duty; driving after preparations and operations. and impact safety negatively. CVSA the 14th hour of coming on duty; The applicants indicated that disaster added that exemptions cause confusion driving after accumulating 60 hours on conditions would include the events and inconsistency in enforcement, duty in 7 consecutive days, or 70 hours listed in the definition of ‘‘Emergency’’ which undermines the very foundation on duty in 8 consecutive days; in 49 CFR 390.5 but be modified to of the Federal commercial motor vehicle accumulating less than 10 consecutive encompass conditions that are expected (CMV) enforcement program— hours off duty following a work shift. but have not yet occurred. The uniformity. CVSA insisted that The exemption would not include exemption would apply 72-hours in regulations are effective only if they are specific criteria controlling drivers’ advance of the time that a natural clear and enforceable. work and rest schedules which makes it disaster or emergency is reasonably Four other commenters also opposed impossible to ensure there is an anticipated until a reasonable time after the application, indicating that the HOS equivalent level of safety for drivers the disaster has ended. The applicants ‘‘blanket’’ exemption requested by ABA/ operating under the exemption. Also, state that, although some element of IDFA is covered by 49 CFR 390.23, the absence of specific criteria or terms

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means the exemption could not be Nickels and Mr. Walter need to test II. Legal Basis enforced. drive Navistar vehicles on U.S. roads to 2. The exemption would allow better understand product requirements FMCSA has authority under 49 U.S.C. unlimited flexibility based on weather in ‘‘real world’’ environments and verify 31136(e) and 31315 to grant exemptions or other conditions which may or may results. Navistar believes that the from the Federal Motor Carrier Safety not result in an emergency declaration. requirements for a German commercial Regulations. FMCSA must publish a Relief would be provided in license ensure that operations under the notice of each exemption request in the anticipation of problems. In fact, ABA/ exemption would likely achieve a level Federal Register (49 CFR 381.315(a)). IDFA member companies would be of safety equivalent to or greater than The Agency must provide the public an allowed to determine whether the the level that would be obtained in the opportunity to inspect the information weather conditions warrant the use of absence of the exemption. relevant to the application, including any safety analyses that have been the exemption based on their judgment DATES: This exemption is effective conducted. The Agency must also or reasonable anticipation of the need November 21, 2019 and expires for certain food products. Also, there provide an opportunity for public November 21, 2024. comment on the request. would be no documentation clearly ADDRESSES: The Agency reviews the safety identifying which drivers are Docket: For access to the docket to analyses and the public comments and responding to the urgent need identified read background documents or determines whether granting the by the ABA/IDFA member companies. comments, go to www.regulations.gov at exemption would likely achieve a level Enforcement officials would have no any time or visit Room W12–140 on the of safety equivalent to or greater than way of knowing whether a driver was ground level of the West Building, 1200 the level that would be achieved by the operating under such an exemption New Jersey Avenue SE, Washington, current regulation (49 CFR 381.305). except by asking him/her. FMCSA DC, between 9 a.m. and 5 p.m., ET, The Agency’s decision must be cannot delegate to private parties the Monday through Friday, except Federal published in the Federal Register (49 inherently Federal authority to holidays. The on-line Federal Docket CFR 381.315(b)) with the reason for the determine the applicability of an Management System (FDMS) is granting or denial, and, if granted, the exemption from the Federal Motor available 24 hours each day, 365 days specific person or class of persons Carrier Safety Regulations. each year. receiving the exemption and the For the reasons discussed above, Privacy Act: In accordance with 5 regulatory provision or provisions from FMCSA denies the request for U.S.C. 553(c), DOT solicits comments which the exemption is granted. The exemption. from the public to better inform its notice must specify the effective period Issued on: November 14, 2019. rulemaking process. DOT posts these of the exemption (up to 5 years) and Jim Mullen, comments, without edit, including any explain the terms and conditions of the personal information the commenter Deputy Administrator. exemption. The exemption may be provides, to www.regulations.gov, as [FR Doc. 2019–25337 Filed 11–20–19; 8:45 am] renewed (49 CFR 381.300(b)). BILLING CODE 4910–EX–P described in the system of records notice (DOT/ALL–14 FDMS), which can III. Request for Exemption be reviewed at www.dot.gov/privacy. Navistar has applied for an exemption DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Ms. for Mr. Thomas Nickels and Mr. Lukas Pearlie Robinson, FMCSA Driver and Walter from 49 CFR 383.23, which Federal Motor Carrier Safety Carrier Operations Division; Office of Administration prescribes licensing requirements for Carrier, Driver and Vehicle Safety drivers operating CMVs in interstate or [Docket No. FMCSA–2018–0347] Standards; Telephone: 202–366–4325. intrastate commerce. Both drivers are Email: [email protected]. If you have unable to obtain a CDL in any of the Commercial Driver’s License questions on viewing or submitting U.S. States due to their lack of residency Standards: Application for Exemption; material to the docket, contact Docket in the United States. Copies of the Navistar, Inc. (Navistar) Services, telephone (202) 366–9826. exemption applications are included in SUPPLEMENTARY INFORMATION: AGENCY: Federal Motor Carrier Safety the docket referenced at the beginning Administration (FMCSA), DOT. I. Public Participation of this notice. The exemption would allow these ACTION: Notice of final disposition; Viewing Comments and Documents granting of application for exemption. drivers to operate CMVs in interstate or To view comments, as well as intrastate commerce to help develop SUMMARY: FMCSA announces its documents mentioned in this preamble technology advancements in fuel decision to grant an exemption to as being available in the docket, go to economy and emissions reductions. Mr. Navistar, Inc. (Navistar) and two drivers www.regulations.gov and insert the Nickels and Mr. Walter need to drive from the commercial driver’s license docket number, ‘‘FMCSA–2018–0347 in Navistar vehicles on public roads to (CDL) regulations for commercial motor the ‘‘Keyword’’ box and click ‘‘Search.’’ better understand product requirements vehicle (CMV) drivers, Mr. Thomas Next, click the ‘‘Open Docket Folder’’ for these systems in ‘‘real world’’ Nickels, Senior Vice President, button and choose the document to environments in the U.S. market. Engineering Optimization, with MAN review. If you do not have access to the According to Navistar, both drivers will Truck & Bus SE (MAN) in Munich, internet, you may view the docket drive typically for no more than 8 hours Germany, and Mr. Lukas Walter, Senior online by visiting the Docket per day for 2 consecutive days with 50 Vice President, Engineering Powertrain Management Facility in Room W12–140 percent of the test driving on two-lane for MAN, each of whom holds a valid on the ground floor of the DOT West State highways and 50 percent on German commercial license. MAN is Building, 1200 New Jersey Avenue SE, Interstate highways. The driving will partnering with Navistar to develop Washington, DC 20590, between 9 a.m. consist of no more than 600 miles technological advancements in fuel and 5 p.m., E.T., Monday through during a two-day period, at 300 miles economy and emissions reductions. Mr. Friday, except Federal holidays. per day. In all cases, drivers will be

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accompanied by a U.S. CDL holder Mr. Walter to drive CMVs in this DEPARTMENT OF TRANSPORTATION familiar with the routes to be traveled. country without a State-issued CDL, Mr. Nickels and Mr. Walter hold valid subject to the following terms and Federal Motor Carrier Safety German commercial licenses and, as conditions: Administration explained by Navistar in its exemption (1) The drivers and carrier must [Docket No. FMCSA–2019–0106] request, the requirements for that license ensure that, operating under the comply with all other applicable provisions of the FMCSRs (49 CFR parts Hours of Service of Drivers: Kimble exemption, these drivers would likely Recycling & Disposal, Inc.; Application 350–399); achieve a level of safety equivalent to or for Exemption greater than the level that would be (2) The drivers must be in possession achieved by the current regulation. of the exemption document and a valid AGENCY: Federal Motor Carrier Safety Furthermore, Navistar asserts that both German commercial license; Administration (FMCSA), DOT. ACTION: drivers are familiar with the operation (3) The drivers must be employed by Notice of final disposition. of CMVs worldwide. Navistar requests and operate the CMV within the scope SUMMARY: FMCSA announces its that the exemption cover the maximum of duties for Navistar or its partner allowable duration of 5 years. decision to grant Kimble Recycling & MAN; Disposal, Inc.’s (KRD) request for an IV. Method To Ensure an Equivalent or (4) At all times while operating a exemption from the 12-hour limit of the Greater Level of Safety CMV under this exemption, the drivers hours-of-service (HOS) short-haul As for an equivalent level of safety, must be accompanied by a holder of a exception. The exemption enables all Navistar states that the process for U.S. CDL who is familiar with the routes KRD’s drivers who operate commercial obtaining a German commercial license traveled; motor vehicles (CMVs) to collect waste is comparable to, or as effective as, the and recycling materials to use the short- (5) Navistar must notify FMCSA in requirements of part 383, and haul exception but return to their work- writing within 5 business days of any adequately assesses the driver’s ability reporting location within 14 hours accident, as defined in 49 CFR 390.5, to operate CMVs in the U.S. The Agency instead of the usual 12 hours without recently granted one of Navistar’s involving these drivers; and losing their short-haul status. FMCSA drivers a similar exemption [April 15, (6) Navistar must notify FMCSA in has analyzed the application and the 2019 (84 FR 15283)]. Since 2015, the writing if these drivers are convicted of public comments and has determined Agency has granted Daimler drivers a disqualifying offense under § 383.51 or that the exemption, subject to the terms similar exemptions: [March 27, 2015 (80 § 391.15 of the FMCSRs. and conditions imposed, will likely achieve a level of safety that is FR 16511); October 5, 2015 (80 FR In accordance with 49 U.S.C. 31315 60220); December 7, 2015 (80 FR equivalent to, or greater than, the level and 31136(e), the exemption will be that would be achieved absent such 76059); December 21, 2015 (80 FR valid for 5 years unless revoked earlier 79410)]; July 12, 2016 (81 FR 45217); exemption. by the FMCSA. The exemption will be July 25, 2016 (81 FR 48496); August 17, revoked if: DATES: This exemption is effective 2017 (82 FR 39151); September 10, 2018 November 21, 2019 and expires (83 FR 45742)]. The Agency has not (1) Mr. Nickels or Mr. Walter fails to November 21, 2024. comply with the terms and conditions received any information or reports ADDRESSES: indicating there have been safety of the exemption; Docket: For access to the docket to performance problems with individuals (2) the exemption results in a lower read background documents or holding German commercial licenses level of safety than was maintained comments, go to www.regulations.gov at who operate CMVs on public roads in before it was granted; or any time or visit Room W12–140 on the the United States. (3) continuation of the exemption ground level of the West Building, 1200 V. Public Comments would be inconsistent with the goals New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, On June 19, 2019, FMCSA published and objectives of 49 U.S.C. 31315 and Monday through Friday, except Federal notice of this application and requested 31136. holidays. The on-line FDMS is available public comments (84 FR 28618). No VIII. Preemption 24 hours each day, 365 days each year. comments were submitted to the docket. Privacy Act: In accordance with 5 VI. FMCSA Decision In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments 31315(d), as implemented by 49 CFR Based upon the merits of this from the public to better inform its 381.600, during the period this application, including Mr. Nickels’ and rulemaking process. DOT posts these exemption is in effect, no State shall Mr. Walter’s extensive driving comments, without edit, including any experience and safety records, FMCSA enforce any law or regulation applicable personal information the commenter has concluded that the exemption to interstate or intrastate commerce that provides, to www.regulations.gov, as would likely achieve a level of safety conflicts with or is inconsistent with described in the system of records that is equivalent to or greater than the this exemption with respect to a firm or notice (DOT/ALL–14 FDMS), which can level that would be achieved absent person operating under the exemption. be reviewed at www.dot.gov/privacy. such exemption, in accordance with Issued on: November 15, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and § 381.305(a). Jim Mullen, Carrier Operations Division; Office of VII. Terms and Conditions for the Deputy Administrator. Carrier, Driver and Vehicle Safety Exemption [FR Doc. 2019–25342 Filed 11–20–19; 8:45 am] Standards; Telephone: 202–366–4325. FMCSA grants Navistar, Mr. Thomas BILLING CODE 4910–EX–P Email: [email protected]. If you have Nickels, and Mr. Lukas Walter an questions on viewing or submitting exemption from the CDL requirement in material to the docket, contact Docket 49 CFR 383.23 to allow Mr. Nickels and Services, telephone (202) 366–9826.

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SUPPLEMENTARY INFORMATION: exception up to the 14th hour after commerce. Mr. Millard concluded his coming on duty. comments by saying, ‘‘Based on I. Public Participation KRD states that ELDs delay and roadside inspection data I do not believe Viewing Comments and Documents distract its drivers working to collect it is warranted for the FMCSA to issue waste and recycling materials because an exemption as requested.’’ To view comments, as well as they require excessive interaction. The In response to Mr. Millard’s documents mentioned in this preamble exemption application states that, comments, KRD explained that it as being available in the docket, go to because of frequent stops to pick up operates in interstate commerce and www.regulations.gov and insert the trash, its drivers are required to interact serves customers in both West Virginia docket number, ‘‘FMCSA–2019–0106 in with the ELD ‘‘hundreds if not and Ohio and that its SMS data is the ‘‘Keyword’’ box and click ‘‘Search.’’ thousands of times a day.’’ KRD asserts available on the internet. KRD indicated Next, click the ‘‘Open Docket Folder’’ that ELDs are not designed to that it has no HOS violations. button and choose the document to accommodate operations such as theirs. The Commercial Vehicle Safety review. If you do not have access to the KRD notes that certain short-haul Alliance (CVSA) neither opposed nor internet, you may view the docket CMV drivers already operate up to 14 supported the application. CVSA wrote online by visiting the Docket hours without forfeiting short-haul that ‘‘When considering this exemption Management Facility in Room W12–140 status. Drivers in the ready-mixed request, FMCSA should consider its on the ground floor of the DOT West concrete industry enjoy a statutory impacts on safety and the enforcement Building, 1200 New Jersey Avenue SE, exemption [49 CFR 395.1(e)(1)(ii)(B)], process.’’ CVSA explained that Washington, DC 20590, between 9 a.m. and FMCSA has granted an exemption exemptions have the potential to and 5 p.m., E.T., Monday through for the asphalt-paving business [83 FR undermine safety while complicating Friday, except Federal holidays. 3864, Jan. 26, 2018]. KRD asserts that its the enforcement process. Additionally, II. Legal Basis operations are similar to these CVSA said, ‘‘If this exemption is industries as its drivers spend a granted, all drivers, managers, FMCSA has authority under 49 U.S.C. significant portion of their days dispatchers and relevant staff should be 31136(e) and 31315 to grant exemptions conducting non-driving duties. required to complete the North from certain Federal Motor Carrier American Fatigue Management Program Safety Regulations (FMCSRs). FMCSA IV. Method To Ensure an Equivalent or training developed in partnership by must publish a notice of each exemption Greater Level of Safety FMCSA, Transport Canada and industry request in the Federal Register (49 CFR In its application, KRD lists the stakeholders as a comprehensive 381.315(a)). The Agency must provide following fatigue management programs approach for managing fatigue. Required the public an opportunity to inspect the and processes it would implement were participation in the program will aid in information relevant to the application, the exemption granted: Observation mitigating any impact on safety including any safety analyses that have Program; Routeware DriveCam Video additional exposure to fatigue causes.’’ been conducted. The Agency must Event Recorder Program; and the KRD provide an opportunity for public Fatigued Driver Process. KRD noted that VI. FMCSA Response and Decision comment on the request. it incorporated elements of the North FMCSA has evaluated KRD’s The Agency reviews safety analyses American Fatigue Management Program application and the public comments and public comments submitted and into its Fatigued Driver Process. Details and decided to grant the exemption. The determines whether granting the of these plans are provided in KRD’s Agency believes that KRD’s CMV exemption would likely achieve a level application for exemption, available for drivers collecting waste and recycling of safety equivalent to, or greater than, review in the docket for this notice. materials who are exempted will likely the level that would be achieved by the achieve a level of safety that is current regulation (49 CFR 381.305). V. Public Comments equivalent to or greater than the level of The Agency’s decision of the Agency On May 28, 2019, FMCSA published safety achieved without the exemption must be published in the Federal notice of this application and requested [49 CFR 381.305(a)]. The exemption will Register (49 CFR 381.315(b)) with the public comment [84 FR 24592]. The allow KRD’s drivers to use the short- reasons for denying or granting the Agency received six comments. One haul RODS exception, but with a 14- application and, if granted, the name of commenter, Mr. Chuck Simmons, hour duty period instead of 12 hours. the person or class of persons receiving supported the exemption, writing that The Agency has granted similar the exemption, and the regulatory ‘‘First and foremost, this is a company exemptions to the National Asphalt provision from which the exemption is that takes Safety, and specifically Pavement Association, Inc. [83 FR 3864, granted. The notice must specify the fatigue management, very seriously. In Jan. 26, 2018] and Waste Management effective period (up to 5 years) and fact, they ‘get it’ far more than many Holdings, Inc. [83 FR 53940, Oct. 25, explain the terms and conditions of the other motor carriers that I’ve 2018]. FMCSA has no evidence that the exemption. The exemption may be encountered in my 17 years in this safety of their operations has renewed (49 CFR 381.300(b)). industry. It seems readily apparent that deteriorated. there would be no adverse safety impact Regarding the recommendation from III. Request for Exemption by granting the requested exemption.’’ CVSA for KRD’s relevant staff to KRD seeks an exemption for Three commenters opposed the complete the North American Fatigue approximately 320 drivers who operate exemption; KRD wrote responses to Management Program training, KRD CMVs to collect waste and recycling those commenters. Mr. Michael Millard reported in its application that it has materials. These drivers qualify wrote, ‘‘As local 100-air-mile radius reviewed and incorporated elements of routinely for the short-haul exception in drivers Kimble Recycling and Disposal, the program into its Fatigued Driver 49 CFR 395.1(e)(1); however, Inc., has no SMS data to determine HOS Process. occasionally they cannot complete their compliance.’’ Mr. Millard asserted that The Agency emphasizes that this duty day within 12 hours. KRD seeks an KRD operated wholly in intrastate exemption does not allow any exemption to allow its drivers to commerce and was not subject to the additional driving time during the work continue to qualify for the short-haul hours of service rules for interstate shift nor does it allow driving after the

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14th hour from the beginning of the (d) City or town, and State, in which NHTSA on July 31, 2018, and submitted work shift. Drivers remain limited by the accident occurred, or closest to the a supplemental petition on February 6, the weekly limits and the employer accident scene; 2019, for a decision that the subject must maintain accurate time records (e) Driver’s name and license number; noncompliance is inconsequential as it concerning the time the driver reports (f) Vehicle number and State license relates to motor vehicle safety. This for work each day, the total number of number; document announces the grant of YTC’s hours the driver is on duty each day, (g) Number of individuals suffering petition. and the time the driver is released from physical injury; FOR FURTHER INFORMATION CONTACT: duty each day. As KRD explained, (h) Number of fatalities; Abraham Diaz, Office of Vehicle Safety (i) The police-reported cause of the drivers usually return to the work Compliance, the National Highway accident; reporting location within 12 hours but Traffic Safety Administration (NHTSA), the demands during certain periods (j) Whether the driver was cited for violation of any traffic laws, motor telephone (202) 366–5310, facsimile necessitate work shifts going beyond 12 (202) 366–3081. hours. Therefore, the exemption carrier safety regulations; and (k) The driver’s total driving time and SUPPLEMENTARY INFORMATION: application should not be construed as total on-duty time period prior to the I. Overview: YTC has determined that a mechanism for the applicant to accident. certain Yokohama brand RY023 implement a new business model with Reports filed under this provision replacement commercial tires do not all its drivers routinely extending their shall be emailed to [email protected]. fully comply with paragraph S6.5(d) maximum work shifts from 12 to 14 and (j) of Federal Motor Vehicle Safety hours. The exemption provides limited VIII. Termination Standard (FMVSS) No. 119, New relief to the recordkeeping requirements FMCSA does not believe the drivers Pneumatic Tires for Motor Vehicles with for HOS for short-haul drivers who find covered by this exemption will a GVWR of more than 4,536 kilograms it necessary to exceed the 12-hour limit, experience any deterioration of their (10,000 lbs) and Motorcycles (49 CFR which impacts the type of HOS records safety record. Interested parties or 571.119). YTC filed a noncompliance required. organizations possessing information report dated July 12, 2018, pursuant to VII. Terms and Conditions for the that would otherwise show that this 49 CFR part 573, Defects and Exemption motor carrier is not achieving the Noncompliance Responsibility and requisite statutory level of safety should Reports. YTC subsequently petitioned • KRD drivers must have a copy of immediately notify FMCSA. FMCSA NHTSA on July 31, 2018, and submitted this notice in their possession while will take all steps necessary to protect a supplemental petition on February 6, operating under the terms of the the public interest, including revocation 2019, for an exemption from the exemption. This notice serves as the of the exemption. The FMCSA will notification and remedy requirements of exemption document and must be revoke the exemption immediately for 49 U.S.C. Chapter 301 on the basis that presented to law enforcement officials failure to comply with its terms and this noncompliance is inconsequential upon request. conditions. as it relates to motor vehicle safety, • KRD drivers must return to the Issued on: November 14, 2019. pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556, work reporting location and be released Jim Mullen, from work within 14 consecutive hours. Exemption for Inconsequential Defect or Deputy Administrator. Noncompliance. Extent of the Exemption [FR Doc. 2019–25339 Filed 11–20–19; 8:45 am] Notice of receipt of YTC’s petition This exemption is limited to the BILLING CODE 4910–EX–P was published with a 30-day public provisions of 49 CFR 395.1(e)(1)(ii)(A). comment period, on June 21, 2019, in the Federal Register (84 FR 29280). No KRD drivers must comply will all other DEPARTMENT OF TRANSPORTATION applicable provisions of the FMCSRs. comments were received. To view the petition and all supporting documents Preemption National Highway Traffic Safety Administration log onto the Federal Docket In accordance with 49 U.S.C. Management System (FDMS) website at [Docket No. NHTSA–2018–0082; Notice 2] 31315(d), during the period this https://www.regulations.gov/. Then follow the online search instructions to exemption is in effect, no State shall Yokohama Tire Corporation, Grant of enforce any law or regulation that locate docket number ‘‘NHTSA–2018– Petition for Decision of 0082.’’ conflicts with or is inconsistent with Inconsequential Noncompliance this exemption with respect to a firm or II. Tires Involved: Approximately person operating under the exemption. AGENCY: National Highway Traffic 4,704 Yokohama RY023 size 11R22.5 Safety Administration (NHTSA), 16(LR H) 146/143L commercial tires, Notification to FMCSA Department of Transportation (DOT). manufactured between February 2, Any motor carrier utilizing this ACTION: Grant of petition. 2018, and May 17, 2018, are potentially exemption must notify FMCSA within 5 involved. III. Noncompliance: YTC explains that business days of any accident (as SUMMARY: Yokohama Tire Corporation the noncompliance was due to a mold defined in 49 CFR 390.5), involving any (YTC) has determined that certain error in which one sidewall, the serial of the motor carrier’s CMVs operating Yokohama RY023 brand replacement sidewall, of subject tires incorrectly under the terms of this exemption. The commercial tires do not fully comply state the ply rating, load range and load notification must include the following with Federal Motor Vehicle Safety capacity as required by paragraph S6.5 information: Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with (d) and (j) of FMVSS No. 119. (a) Identity of the exemption: ‘‘Kimble a GVWR of more than 4,536 kilograms Specifically, the tires were marked: Recycling & Disposal, Inc;’’ (10,000 lbs) and Motorcycles. YTC filed 14 PR LOAD RANGE G (b) Name of operating motor carrier; a noncompliance report dated July 12, MAX. LOAD SINGLE 2800 kg (6175 lbs) (c) Date of the accident; 2018. YTC subsequently petitioned at 720 kPa (105psi) COLD

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MAX. LOAD DUAL 2650 kg (5840 lbs) the construction and capacity of the tire RY023 model and size 11R22.5. at 720 kPa (105 psi) COLD subject tires. The misbranding of these Specifically, the tires were marked with When they should have been marked: tires is not a safety concern and also has the load range ‘‘G’’ when in fact the 16 PR LOAD RANGE H no impact on the retreading, repairing correct load range is ‘‘H.’’ Because the MAX. LOAD SINGLE 3000 kg (6610 lbs) and recycling industries. The affected tires were designed for the higher load at 830 kPa (120 psi) COLD tire mold has already been corrected capacity, ‘‘H’’ at 3000 kg for single load MAX. LOAD DUAL 2725 kg (6005 lbs) and all future production will have the and 2725 kg for dual load, if a consumer at 830 kPa (120 psi) COLD correct material shown on the sidewall. followed the load range ‘‘G’’ as marked, 4. NHTSA has studied the impact of indicating the tire was capable of IV. Rule Requirements: Paragraph tire labeling information on safety in the withstanding a 2800 kg for single load S6.5(d) and (j) of FMVSS No. 119, context of its rulemaking efforts under includes the requirements relevant to the Transportation Recall Enhancement, and 2650 kg for dual load, they would this petition: be using the tire in a load-carrying • Accountability and Documentation Except as specified in paragraph (TREAD) Act. YTC stated that NHTSA’s capacity lower than the actual load- S6.5, each tire shall be marked on each analysis concluded that tire carrying capacity of the subject tires. On sidewall with the information specified construction information on a tire’s February 25, 2013, a similar petition for in paragraphs (a) through (j) of sidewall is not relied upon by dealers inconsequential noncompliance on was paragraph S6.5. granted to Guizhou tyres with respect of • and consumers in the selling or The maximum load rating and purchasing of tires and has an a mismarking of a tire load range, in corresponding inflation pressure of the inconsequential impact on motor which was incorrectly marked as ‘‘F’’ tire, shown as follows: vehicle safety. In addition, YTC cited when they should be tire load range ‘‘G’’ (Mark on tires rated for single and the following petitions that the agency (see 78 FR 12828). dual load): Max load single __kg (__lb) __ __ has previously granted for similar Because these subject tires have a at kPa ( psi) cold. Max load noncompliances: See Sumitomo Rubber ______greater load carrying capability than the dual kg ( lb) at kPa ( psi) cold. Industries, Grant of Petition for Decision (Mark on tires rated for only for single marking load range ‘‘G’’ indicates, there __ __ of Inconsequential Noncompliance, 83 load): Max load single kg ( lb) FR 13002 (March 26, 2018) and is no risk of these tires being overloaded at __kPa (__psi) cold. and thus, no risk to safety based on the • Goodyear Tire & Rubber Co., Grant of Markings must contain the letter Petition for Decision for Inconsequential incorrect label. designating the tire load range. Noncompliance, 82 FR 18210 (April 17, VII. NHTSA’s Decision: In V. Summary of Petition: YTC 2017). consideration of the foregoing, NHTSA described the subject noncompliance The Agency has studied the finds that YTC has met its burden of and stated its belief that the implications of tire labeling information persuasion that the subject FMVSS No. noncompliance is inconsequential as it on motor vehicle safety during the 119 noncompliance in the affected tires relates to motor vehicle safety. rulemaking process for the TREAD Act is inconsequential to motor vehicle In support of its petition, YTC and the merits for a decision regarding submitted the following arguments: safety. Accordingly, YTC’s petition is the subject inconsequential hereby granted and YTC is consequently 1. This Petition concerns Yokohama noncompliance petition aligns with exempted from the obligation of 11R22.5 16PR RY023 commercial truck previous inconsequential petitions with providing notification of, and a free and bus replacement tires whose similar noncompliances the agency has branding information incorrectly states granted and as cited by YTC. remedy for, that noncompliance under the ply rating, load range and load YTC concluded by expressing the 49 U.S.C. 30118 and 30120. capacity on one side (serial side) only, belief that the subject noncompliance is NHTSA notes that the statutory while the branding information on the inconsequential as it relates to motor provisions (49 U.S.C. 30118(d) and other side (opposite serial side) is vehicle safety, and that its petition to be 30120(h)) that permit manufacturers to correct for the subject tires. Because of exempted from providing notification of file petitions for a determination of this mold branding error, these tires are the noncompliance, as required by 49 inconsequentiality allow NHTSA to not in compliance with the tire labeling U.S.C. 30118, and a remedy for the exempt manufacturers only from the requirement found in 49 CFR 571.119 noncompliance, as required by 49 duties found in sections 30118 and S6.5(d) and (j), even though all of these U.S.C. 30120, should be granted. 30120, respectively, to notify owners, tires were manufactured with the YTC’s complete petition and all purchasers, and dealers of a defect or correct ply rating and load range. supporting documents are available by noncompliance and to remedy the 2. YTC implemented verification logging onto the Federal Docket defect or noncompliance. Therefore, any countermeasures to prevent any Management System (FDMS) website at: recurrence of any incorrect tire https://www.regulations.gov and by decision on this petition only applies to markings. Further investigation following the online search instructions the subject tires that YTC no longer determined that the suspect period to locate the docket number as listed in controlled at the time it determined that ended when the incorrect mold had the title of this notice. the noncompliance existed. However, been removed from production on May VI. NHTSA’s Analysis: The purpose of any decision on this petition does not 17, 2018, in the 19th production week the label stating the tire’s load carrying relieve tire distributors and dealers of of 2018. The 764 tires in containment capabilities as described in section the prohibitions on the sale, offer for will be repaired before they are sold. S6.5(d), and the load range marking sale, or introduction or delivery for 3. Significantly, these tires were letter required by paragraph S6.5(j), is to introduction into interstate commerce of manufactured as designed and meet or inform tire purchasers and end-users the noncompliant tires under their exceed all applicable Federal motor about the load capacity of the tire. In the control after YTC notified them that the vehicle safety performance standards. case of the subject tires, YTC explained subject noncompliance existed. While the sidewall markings are correct that the information the load range letter on the opposite serial side, the sidewall is meant to convey understates the markings on the serial side understate construction and capacity of the subject

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Authority: 49 U.S.C. 30118, 30120: • Hand Delivery: If you submit agency to evaluate a technology of delegations of authority at 49 CFR 1.95 and written comments by hand or courier, interest and, when presented publicly, 501.8. please do so at 1200 New Jersey Avenue provide a basis from which gaps in test Otto G. Matheke III, SE, West Building Ground Floor, Room methodology or other specific Director, Office of Vehicle Safety Compliance. W12–140, Washington, DC between 9 deficiencies may be identified and a.m. and 5 p.m. Eastern Time, Monday resolved. In contrast, rulemaking test [FR Doc. 2019–25223 Filed 11–20–19; 8:45 am] through Friday, except Federal holidays. procedures are developed to support BILLING CODE 4910–59–P • You may call Docket Management identified rulemaking efforts and, if a at 1–800–647–5527. regulation is adopted, focus on ensuring DEPARTMENT OF TRANSPORTATION Instructions: For detailed instructions that a technology meets the level of on submitting comments and additional performance defined in the regulation National Highway Traffic Safety information, see the Public Participation and are used by the agency to determine Administration heading of the SUPPLEMENTARY compliance. Thus, the fact that NHTSA INFORMATION section of this document. is researching a specific technology is [Docket No. NHTSA–2019–0102] Note that all comments received will be not an indication that it will now or at RIN 2127–ZRIN posted without change to http:// any time initiate a rulemaking related to www.regulations.gov, including any that technology or include that Advanced Driver Assistance Systems personal information provided. technology as part of NCAP. To the Draft Research Test Procedures Privacy Act: In accordance with 5 extent that research does inform future U.S.C. 553(c), DOT solicits comments AGENCY: National Highway Traffic rulemaking efforts or revisions to NCAP, from the public to better inform its Safety Administration (NHTSA), the agency will appropriately engage the rulemaking process. DOT posts these Department of Transportation (DOT). public through public comment and comments, without edit, to other means during those processes. ACTION: Request for comments (RFC). www.regulations.gov, as described in NHTSA developed the draft test SUMMARY: NHTSA seeks public the system of records notice, DOT/ALL– procedures made available today to comment on a series of nine draft 14 FDMS, accessible through https:// research ways to objectively and research test procedures developed by www.transportation.gov/privacy. To practically assess the performance of the agency to assess the performance of facilitate tracking and response, we ADAS technologies presently available certain types of Advanced Driver encourage commenters to provide their to consumers on certain vehicles sold in Assistance Systems (ADAS) available to name, or the name of their organization; the United States. NHTSA highlights consumers. NHTSA is specifically however, submission of names is that some of the research test requesting comment on whether these completely optional. All timely procedures included in this RFC are in draft research test procedures comments will be fully considered, the early stages of development, while adequately, objectively, and practically regardless of whether commenters others are closer to being fully assess the system performance of the directly identify themselves. If you wish developed. underlying ADAS in a test track to provide comments containing For light vehicles, these include: environment. NHTSA intends to use proprietary or confidential information, • Active Parking Assist (APA) 1 please contact the agency for alternate these draft research test procedures to • Blind Spot Detection (BSD) 2 submission instructions. further its research goals by using the • Blind Spot Intervention (BSI) 3 FOR FURTHER INFORMATION CONTACT: For output from clearly defined test • Intersection Safety Assist (ISA) 4 methods to help better understand research issues: Mr. Garrick • Opposing Traffic Safety Assist system operation, performance, and Forkenbrock, Research Engineer, (OTSA) 5 potential limitations. Vehicle Research and Test Center, • Pedestrian Automatic Emergency DATES: Comments must be received no National Highway Traffic Safety Braking (PAEB) 6 later than January 21, 2020. Administration, 10820 SR 347, Bldg. 60, ADDRESSES: East Liberty, OH 43319. Telephone: 1 National Highway Traffic Safety Administration Documents: The draft research test 937–666–4511. Email: [email protected]. For legal (2019, August). Active park assist system procedures described in this RFC are confirmation test (DOT HS 812 714). Washington, available for viewing in PDF format in issues: Ms. Sara Bennett, Attorney- DC: National Highway Traffic Safety Docket No. NHTSA–2019–0102. Advisor, Office of Chief Counsel, Administration. Comments: You may submit National Highway Traffic Safety 2 National Highway Traffic Safety Administration Administration, 1200 New Jersey (2018, June). Blind spot detection system comments, identified by Docket No. confirmation test (working draft). Washington, DC: NHTSA–2019–0102, by any of the Avenue SE, Washington, DC 20590. National Highway Traffic Safety Administration. following methods: Telephone: 202–366–2992. Email: 3 National Highway Traffic Safety Administration • Internet: To submit comments [email protected]. (2019, July). Blind spot intervention system SUPPLEMENTARY INFORMATION: NHTSA confirmation test (working draft). Washington, DC: electronically, go to the U.S. National Highway Traffic Safety Administration. Government regulations website at seeks comment on the draft research test 4 National Highway Traffic Safety Administration http://www.regulations.gov. Follow the procedures listed below, which assess (2019, September). Intersection safety assist system online instructions for submitting nine different ADAS technologies. As confirmation test (working draft). Washington, DC: comments. background, the agency develops National Highway Traffic Safety Administration • Fax: Written comments may be different test procedures for different 5 National Highway Traffic Safety Administration (2019, September). Opposing traffic safety assist faxed to 202–493–2251. purposes. Most commonly, those test system confirmation test (working draft). • Mail: Send comments to Docket procedures are for rulemaking, New Car Washington, DC: National Highway Traffic Safety Management Facility, U.S. Department Assessment Program (NCAP), or Administration. of Transportation, 1200 New Jersey research purposes. This RFC includes 6 National Highway Traffic Safety Administration (2019, April). Pedestrian automatic emergency Avenue SE, West Building Ground test procedures that have been brake system confirmation test (working draft). Floor, Room W12–140, Washington, DC developed for research purposes only. Washington, DC: National Highway Traffic Safety 20590–0001. Research test procedures are used by the Administration.

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• Rear Automatic Braking 7 suggestions for how they may be information, to Docket Management at • Traffic Jam Assist (TJA) 8 improved. the address given above under For heavy vehicles, this includes: 4. Are the ranges of test speeds, speed ADDRESSES. When you send a comment • Forward Collision Warning (FCW) 9 combinations, and/or speed increments containing information claimed to be • Automatic Emergency Braking specified within each draft research test confidential business information, you (AEB) 9 procedure reasonable? If not, please should include a cover letter setting Each draft procedure includes test provide any data or evidence to support forth the information specified in our scenarios designed to emulate real- any claim of unreasonableness from a confidential business information world crash-imminent situations, all research perspective. regulation. (49 CFR part 512) performed within the controlled 5. To reduce test burden for the Will the agency consider late confines of a test track. To ensure these assessment of some technologies for comments? tests are objective (i.e., clear about research purposes, the number of exactly how they should be executed), repeated trials per test condition is In our response, we will consider all and can be accurately and repeatedly proposed to be less than or equal to comments that Docket Management performed, each draft procedure seven based on our experience from past receives before the close of business on contains detailed specifications test procedure design work. Is this the comment closing date indicated pertaining to test conduct including, but adequate, or should another number of above under DATES. To the extent not limited to, the equipment, facilities, repeated trials be performed for all possible, we will also consider instructions, and tolerances needed to technology/condition combinations to comments that Docket Management perform them in the most objective and support an assessment of whether receives after that date. consistent manner possible. While the differences in the test results, for a given How can I read the comments submitted procedures include draft evaluation condition, are statistically significant? by other people? criteria, there are no pass/fail 6. Are there additional ADAS assessments provided because they have technologies NHTSA should be You may read the comments received been assembled for research purposes evaluating for research purposes? If so, by Docket Management at the address only. please indicate what they are. given above under ADDRESSES. The NHTSA invites public comment on 7. Are there existing, alternative test hours of the docket are indicated above each of its draft research ADAS test procedures for the ADAS technologies in the same location. You may also see procedures. Specifically, the agency identified in this notice that NHTSA the comments on the internet, at seeks information related to the should consider? If so, please identify www.regulations.gov, identified by the following areas of interest. In your them and provide any comparisons/ docket number at the heading of this responses, please clearly specify to contrasts that might be useful to the notice. Please note that, even after the which test procedure(s) your comments agency. comment closing date, NHTSA will apply. continue to file relevant information in Public Participation 1. Can the test procedures be expected the docket as it becomes available. to assess adequately for the purposes of How can I be sure that my comments Further, some people may submit late research, within practical limitations, were received? comments. Accordingly, NHTSA the performance of the underlying recommends that you periodically If you submit comments by hard copy check the docket for new material. ADAS technologies? If not, please and wish Docket Management to notify provide specific reasons why, and you upon its receipt of your comments, Issued in Washington, DC, under authority delegated in 49 CFR 1.95 and 501.4. suggestions for how they may be enclose a self-addressed, stamped improved. postcard in the envelope containing James Clayton Owens, 2. Do any of the draft research test your comments. Upon receiving your Acting Administrator. procedures contain elements that may comments, Docket Management will [FR Doc. 2019–25217 Filed 11–20–19; 8:45 am] potentially confound the system return the postcard by mail. If you BILLING CODE 4910–59–P operation and/or test results (e.g., submit comments electronically, your regarding test conduct)? If so, please comments should appear automatically indicate what those elements are and in Docket No. NHTSA–2019–0102 on DEPARTMENT OF THE TREASURY how they might be addressed and/or www.regulations.gov. If they do not mitigated? appear within two weeks of posting, Internal Revenue Service 3. Are the draft research test NHTSA suggested that you call the procedures clearly written, Docket Management Facility at (202) Proposed Collection; Comment understandable, and executable? If not, 366–9826. Request for [REG–106542–98] T.D. please provide specific areas for which 9032 clarification is necessary, and How do I submit confidential business information? AGENCY: Internal Revenue Service (IRS), 7 Treasury. National Highway Traffic Safety Administration If you wish to submit any information (2015, December). Rear automatic braking feature ACTION: Notice and request for confirmation test procedure). Washington, DC: under a claim of confidentiality, you comments. National Highway Traffic Safety Administration. should submit three copies of your www.regulations.gov, Docket No. NHTSA–2015– complete submission, including the SUMMARY: The Internal Revenue Service, 0119–0030. information you claim to be confidential as part of its continuing effort to reduce 8 National Highway Traffic Safety Administration (2019, June). Traffic jam assist system confirmation business information, to the Office of paperwork and respondent burden, test (working draft). Washington, DC: National Chief Counsel, NHTSA, U.S. invites the general public and other Highway Traffic Safety Administration. Department of Transportation, 1200 Federal agencies to take this 9 National Highway Traffic Safety Administration New Jersey Avenue SE, Washington, DC opportunity to comment on proposed (2019, March). Test track procedures for heavy vehicle forward collision warning and automatic 20590. In addition, you should submit and/or continuing information emergency braking systems. Washington, DC: a copy, from which you have deleted collections, as required by the National Highway Traffic Safety Administration. the claimed confidential business Paperwork Reduction Act of 1995.

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Currently, the IRS is soliciting (a) Whether the collection of SUPPLEMENTARY INFORMATION: comments concerning REG–106542–98, information is necessary for the proper Title: Revenue Procedure 2011–34 T.D. 9032, Election to Treat Trust as Part performance of the functions of the Rules for Certain Rental Real Estate of an Estate (§ 1.645–1). agency, including whether the Activities. DATES: Written comments should be information shall have practical utility; OMB Number: 1545–2194. received on or before January 21, 2020 (b) the accuracy of the agency’s estimate Abstract: This Revenue Procedure to be assured of consideration. of the burden of the collection of Grants Relief Under Section 1.469–9(g) ADDRESSES: Direct all written comments information; (c) ways to enhance the for Certain Taxpayers to Make Late to Dr. Philippe Thomas, Internal quality, utility, and clarity of the Elections to Treat All Interests in Rental Revenue Service, Room 6526, 111 information to be collected; (d) ways to Real Estate as a Single Rental Real Estate Constitution Avenue NW, Washington, minimize the burden of the collection of Activity. DC 20224. information on respondents, including Current Actions: There is no change through the use of automated collection in the paperwork burden previously FOR FURTHER INFORMATION CONTACT: techniques or other forms of information Requests for additional information or approved by OMB. This form is being technology; and (e) estimates of capital submitted for renewal purposes only. copies of this regulation should be or start-up costs and costs of operation, directed to LaNita Van Dyke, at (202) Type of Review: Extension of a maintenance, and purchase of services currently approved collection. 317–6009, at Internal Revenue Service, to provide information. Room 6526, 1111 Constitution Avenue Affected Public: Individuals or NW, Washington, DC 20224, or through Approved: November 14, 2019. Households. the internet, at [email protected]. Philippe Thomas, Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Senior IRS Supervisory Tax Analyst. 2000. Title: Election to Treat Trust as Part of [FR Doc. 2019–25242 Filed 11–20–19; 8:45 am] Estimated Total Annual Burden an Estate. BILLING CODE 4830–01–P Hours: 1,000. OMB Number: 1545–1578. The following paragraph applies to all Regulation Project Number: REG– of the collections of information covered 106542–98, T.D. 9032 DEPARTMENT OF THE TREASURY by this notice: Abstract: This regulation describes An agency may not conduct or Internal Revenue Service the procedures and requirements for sponsor, and a person is not required to making an election to have certain Proposed Collection; Comment respond to, a collection of information revocable trusts treated and taxed as Request for Revenue Procedure 2011– unless the collection of information part of an estate. The Taxpayer Relief 34, Rules for Certain Rental Real displays a valid OMB control number. Act of 1997 added section 646 to the Estate Activities Books or records relating to a collection Internal Revenue Code to permit the of information must be retained as long election. AGENCY: Internal Revenue Service (IRS), as their contents may become material Current Actions: There are no changes Treasury. in the administration of any internal being made to the regulation at this ACTION: Notice and request for revenue law. Generally, tax returns and time. comments. tax return information are confidential, Type of Review: Extension of a as required by 26 U.S.C. 6103. SUMMARY: The Internal Revenue Service, currently approved collection. Request for Comments: Comments as part of its continuing effort to reduce Affected Public: Individuals or submitted in response to this notice will paperwork and respondent burden, households. be summarized and/or included in the invites the general public and other Estimated Number of Respondents: request for OMB approval. All Federal agencies to take this 10,000. comments will become a matter of opportunity to comment on proposed Estimated Time per Respondent: 30 public record. Comments are invited on: and/or continuing information minutes. (a) Whether the collection of collections, as required by the Estimated Total Annual Burden information is necessary for the proper Paperwork Reduction Act of 1995. Hours: 5,000. performance of the functions of the The following paragraph applies to all Currently, the IRS is soliciting comments concerning Revenue agency, including whether the of the collections of information covered information shall have practical utility; by this notice: Procedure RP–125212–09, Rules for Certain Rental Real Estate Activities. (b) the accuracy of the agency’s estimate An agency may not conduct or of the burden of the collection of DATES: Written comments should be sponsor, and a person is not required to information; (c) ways to enhance the received on or before January 21, 2020 respond to, a collection of information quality, utility, and clarity of the to be assured of consideration. unless the collection of information information to be collected; (d) ways to displays a valid OMB control number. ADDRESSES: Direct all written comments minimize the burden of the collection of Books or records relating to a collection to Dr. Philippe Thomas, Internal information on respondents, including of information must be retained as long Revenue Service, Room 6526, 1111 through the use of automated collection as their contents may become material Constitution Avenue NW, Washington, techniques or other forms of information in the administration of any internal DC 20224. technology; and (e) estimates of capital revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: or start-up costs and costs of operation, tax return information are confidential, Requests for additional information or maintenance, and purchase of services as required by 26 U.S.C. 6103. copies of the form and instructions to provide information. Request for Comments: Comments should be directed to LaNita Van Dyke submitted in response to this notice will (202) 317–6009, at Internal Revenue Approved: November 15, 2019. be summarized and/or included in the Service, Room 6242, 1111 Constitution Philippe Thomas, request for OMB approval. All Avenue NW, Washington, DC 20224, or Supervisory Tax Analyst. comments will become a matter of through the internet at [FR Doc. 2019–25237 Filed 11–20–19; 8:45 am] public record. Comments are invited on: [email protected]. BILLING CODE 4830–01–P

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DEPARTMENT OF THE TREASURY The following paragraph applies to all comments concerning Form 8908, of the collections of information covered Energy Efficient Home Credit. Internal Revenue Service by this notice: DATES: Written comments should be An agency may not conduct or received on or before January 21, 2020 Proposed Collection; Comment sponsor, and a person is not required to to be assured of consideration. Request for Publication 1345 respond to, a collection of information ADDRESSES: Direct all written comments AGENCY: Internal Revenue Service (IRS), unless the collection of information to Dr. Philippe Thomas, Internal Treasury. displays a valid OMB control number. Revenue Service, Room 6526, 1111 Books or records relating to a collection ACTION: Notice and request for Constitution Avenue NW, Washington, of information must be retained as long comments. DC 20224. as their contents may become material FOR FURTHER INFORMATION CONTACT: SUMMARY: The Internal Revenue Service, in the administration of any internal Requests for additional information or as part of its continuing effort to reduce revenue law. Generally, tax returns and copies of the form and instructions paperwork and respondent burden, tax return information are confidential, should be directed to LaNita Van Dyke, invites the general public and other as required by 26 U.S.C. 6103. at (202) 317–6009, Internal Revenue Federal agencies to take this Request for Comments: Comments Service, Room 6526, 1111 Constitution opportunity to comment on proposed submitted in response to this notice will Avenue NW, Washington, DC 20224, or and/or continuing information be summarized and/or included in the through the internet at collections, as required by the request for OMB approval. All [email protected]. Paperwork Reduction Act of 1995. comments will become a matter of SUPPLEMENTARY INFORMATION: Currently, the IRS is soliciting public record. Comments are invited on: Title: Energy Efficient Home Credit. comments concerning Publication 1345, (a) Whether the collection of OMB Number: 1545–1979. Handbook for Authorized IRS e-file information is necessary for the proper Form Number: Form 8908. Providers. performance of the functions of the Abstract: Congress passed Public Law agency, including whether the DATES: Written comments should be 109–58, the Energy Policy Act of 2005, information shall have practical utility; on August 8, 2005, enacting legislation received on or before January 21, 2020 (b) the accuracy of the agency’s estimate to be assured of consideration. providing a tax credit for contractors of the burden of the collection of producing new energy efficient homes. ADDRESSES: Direct all written comments information; (c) ways to enhance the We created Form 8908 to reflect new to Dr. Philippe Thomas, Internal quality, utility, and clarity of the code section 45L which allows qualified Revenue Service, Room 6526, 1111 information to be collected; (d) ways to contractors to claim a credit for each Constitution Avenue NW, Washington, minimize the burden of the collection of qualified energy-efficient home sold in DC 20224. information on respondents, including tax years ending after December 31, FOR FURTHER INFORMATION CONTACT: through the use of automated collection 2005. Requests for additional information or techniques or other forms of information Current Actions: There are no changes copies of the form and instructions technology; and (e) estimates of capital being made to the form at this time. should be directed to LaNita Van Dyke or start-up costs and costs of operation, Type of Review: Extension of a at Internal Revenue Service, Room 6526, maintenance, and purchase of services currently approved collection. 1111 Constitution Avenue NW, to provide information. Affected Public: Businesses and other Washington, DC 20224, or through the Approved: November 14, 2019. for-profit organizations. internet at [email protected]. Philippe Thomas, Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Supervisory Tax Analyst. 198,000. Estimated Time per Respondent: 2 Title: Publication 1345, Handbook for [FR Doc. 2019–25238 Filed 11–20–19; 8:45 am] Authorized IRS e-file Providers. hours 35 minutes. BILLING CODE 4830–01–P Estimated Total Annual Burden OMB Number: 1545–1708. Hours: 512,820. Publication Number: 1345. DEPARTMENT OF THE TREASURY The following paragraph applies to all Abstract: Publication 1345 informs of the collections of information covered those who participate in the IRS e-file Internal Revenue Service by this notice: Program for Individual Income Tax An agency may not conduct or Returns of their obligations to the Proposed Collection; Comment sponsor, and a person is not required to Internal Revenue Service, taxpayers, Request for Form 8908 respond to, a collection of information and other participants. unless the collection of information Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. being made to the publication at this Treasury. Books or records relating to a collection time. ACTION: Notice and request for of information must be retained as long Type of Review: Extension of a comments. as their contents may become material currently approved collection. in the administration of any internal Affected Public: Business or other for- SUMMARY: The Internal Revenue Service, revenue law. Generally, tax returns and profit organizations. as part of its continuing effort to reduce tax return information are confidential, Estimated Number of Respondents: paperwork and respondent burden, as required by 26 U.S.C. 6103. 200,000. invites the general public and other Request for Comments: Comments Estimated Number of Responses: Federal agencies to take this submitted in response to this notice will 129,655,713. opportunity to comment on proposed be summarized and/or included in the Estimated Time per Response: 3 and/or continuing information request for OMB approval. All minutes. collections, as required by the comments will become a matter of Estimated Total Annual Burden Paperwork Reduction Act of 1995. public record. Comments are invited on: Hours: 6,023,762. Currently, the IRS is soliciting (a) Whether the collection of

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information is necessary for the proper OMB Number: 1545–1226. Regulation Approved: November 14, 2019. performance of the functions of the Project Number: T.D. 8394. Philippe Thomas, agency, including whether the Abstract: This regulation clarifies Senior IRS Supervisory Tax Analyst. information shall have practical utility; when the allocation of bond proceeds to [FR Doc. 2019–25239 Filed 11–20–19; 8:45 am] (b) the accuracy of the agency’s estimate reimburse expenditures previously BILLING CODE 4830–01–P of the burden of the collection of made by an issuer of the bond is treated information; (c) ways to enhance the as an expenditure of the bond proceeds. quality, utility, and clarity of the The issuer must express a reasonable DEPARTMENT OF THE TREASURY information to be collected; (d) ways to official intent, on or prior to the date of minimize the burden of the collection of payment, to reimburse the expenditure Internal Revenue Service information on respondents, including in order to assure that the through the use of automated collection reimbursement is not a device to evade Proposed Collection; Comment techniques or other forms of information requirements imposed by the Internal Request for Form 8703 technology; and (e) estimates of capital Revenue Code with respect to tax AGENCY: Internal Revenue Service (IRS), or start-up costs and costs of operation, exempt bonds. Treasury. maintenance, and purchase of services Current Actions: There is no change to ACTION: to provide information. Notice and request for this existing regulation. comments. Approved: November 14, 2019. Type of Review: Extension of a Philippe Thomas, currently approved collection. SUMMARY: The Department of the Supervisory Tax Analyst. Affected Public: State, local or tribal Treasury, as part of its continuing effort [FR Doc. 2019–25233 Filed 11–20–19; 8:45 am] governments, and not-for-profit to reduce paperwork and respondent BILLING CODE 4830–01–P institutions. burden, invites the general public and Estimated Number of Respondents: other Federal agencies to take this 2,500. opportunity to comment on proposed DEPARTMENT OF THE TREASURY Estimated Time per Respondent: 2 and/or continuing information hours, 24 minutes. collections, as required by the Internal Revenue Service Paperwork Reduction Act of 1995. Estimated Total Annual Burden Currently, the IRS is soliciting Hours: 6,000. Proposed Collection; Comment comments concerning Form 8703, Request for Regulation Project The following paragraph applies to all Annual Certification of a Residential of the collections of information covered Rental Project. AGENCY: Internal Revenue Service (IRS), by this notice: DATES: Written comments should be Treasury. An agency may not conduct or ACTION: Notice and request for received on or before January 21, 2020 sponsor, and a person is not required to to be assured of consideration. comments. respond to, a collection of information unless the collection of information ADDRESSES: Direct all written comments SUMMARY: The Internal Revenue Service, displays a valid OMB control number. to Dr. Philippe Thomas, Internal as part of its continuing effort to reduce Books or records relating to a collection Revenue Service, Room 6526, 1111 paperwork and respondent burden, of information must be retained as long Constitution Avenue NW, Washington, invites the general public and other as their contents may become material DC 20224. Federal agencies to take this in the administration of any internal FOR FURTHER INFORMATION CONTACT: opportunity to comment on proposed revenue law. Generally, tax returns and Requests for additional information or and/or continuing information tax return information are confidential, copies of the form and instructions collections, as required by the as required by 26 U.S.C. 6103. should be directed to LaNita Van Dyke, Paperwork Reduction Act of 1995. Request for Comments: Comments at (202) 317–6009, at Internal Revenue Currently, the IRS is soliciting Service, Room 6526, 1111 Constitution comments concerning proceeds of submitted in response to this notice will be summarized and/or included in the Avenue NW, Washington, DC 20224, or bonds used for reimbursement (§ 1.150– through the internet at 2(e)). request for OMB approval. All comments will become a matter of [email protected]. DATES: Written comments should be public record. Comments are invited on: SUPPLEMENTARY INFORMATION: received on or before January 21, 2020 (a) Whether the collection of Title: Annual Certification of a to be assured of consideration. information is necessary for the proper Residential Rental Project. ADDRESSES: Direct all written comments performance of the functions of the OMB Number: 1545–1038. to Dr. Philippe Thomas, Internal agency, including whether the Form Number: 8703. Revenue Service, Room 6526, 1111 information shall have practical utility; Abstract: Form 8703 is used by the Constitution Avenue NW, Washington, (b) the accuracy of the agency’s estimate operator of a residential rental project to DC 20224. of the burden of the collection of provide annual information that the IRS FOR FURTHER INFORMATION CONTACT: information; (c) ways to enhance the will use to determine whether a project Requests for additional information or quality, utility, and clarity of the continues to be a qualified residential copies of the regulation should be information to be collected; (d) ways to rental project under Internal Revenue directed to LaNita Van Dyke, at (202) minimize the burden of the collection of Code section 142(d). If so, and certain 317–6009, at Internal Revenue Service, information on respondents, including other requirements are met, bonds Room 6526, 1111 Constitution Avenue through the use of automated collection issued in connection with the project NW, Washington, DC 20224, or through techniques or other forms of information are considered ‘‘exempt facility bonds’’ the internet, at [email protected]. technology; and (e) estimates of capital and the interest paid on them is not SUPPLEMENTARY INFORMATION: or start-up costs and costs of operation, taxable to the recipient. Title: Proceeds of Bonds Used for maintenance, and purchase of services Current Actions: There is no change Reimbursement. to provide information. in the paperwork burden previously

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approved by OMB. This form is being ACTION: Notice and request for Social Security Administration. Forms submitted for renewal purposes only. comments. W–2c, W–3c and W–3cPR are used to Type of Review: Extension of a correct previously filed Forms W–2, W– currently approved collection. SUMMARY: The Department of the 3, and W–3PR. Treasury, as part of its continuing effort Affected Public: Business or other for- Current Actions: There are changes in to reduce paperwork and respondent profit organizations. the paperwork burden previously Estimated Number of Respondents: burden, invites the general public and approved by OMB. 6,000. other Federal agencies to take this Estimated Time per Respondent: 12 opportunity to comment on proposed Type of Review: Revision of a hours, 47 minutes. and/or continuing information currently approved collection. Estimated Total Annual Burden collections, as required by the Affected Public: Business or other for- Hours: 76,620. Paperwork Reduction Act of 1995. profit organizations and individuals, or The following paragraph applies to all Currently, the IRS is soliciting households, not-for-profit institutions, of the collections of information covered comments concerning Forms W–2, W– farms, and Federal, state local or tribal by this notice: 2c, W–2AS, W–2GU, W–2VI, W–3, W– governments. An agency may not conduct or 3c, W–3cPR, W–3PR, and W–3SS. Estimated Number of Respondents: sponsor, and a person is not required to DATES: 253,950,820. respond to, a collection of information Written comments should be unless the collection of information received on or before January 21, 2020 Estimated Time per Respondent: displays a valid OMB control number. to be assured of consideration. varies. Books or records relating to a collection ADDRESSES: Direct all written comments Estimated Total Annual Burden of information must be retained as long to Dr. Philippe Thomas, Internal Hours: 1. as their contents may become material Revenue Service, Room 6526, 1111 The following paragraph applies to all in the administration of any internal Constitution Avenue NW, Washington, of the collections of information covered revenue law. Generally, tax returns and DC 20224. by this notice: tax return information are confidential, FOR FURTHER INFORMATION CONTACT: An agency may not conduct or as required by 26 U.S.C. 6103. Requests for additional information or sponsor, and a person is not required to Request for Comments: Comments copies of the collection tools should be respond to, a collection of information submitted in response to this notice will directed to LaNita Van Dyke, at 202– unless the collection of information be summarized and/or included in the 317–6009, Internal Revenue Service, displays a valid OMB control number. request for OMB approval. All Room 6526, 1111 Constitution Avenue Books or records relating to a collection comments will become a matter of NW, Washington, DC 20224, or through of information must be retained as long public record. Comments are invited on: the internet at [email protected]. as their contents may become material (a) Whether the collection of SUPPLEMENTARY INFORMATION: Currently, in the administration of any internal information is necessary for the proper the IRS is seeking comments concerning revenue law. Generally, tax returns and performance of the functions of the the following information collection tax return information are confidential, agency, including whether the tools, reporting, and record-keeping as required by 26 U.S.C. 6103. information shall have practical utility; requirements: (b) the accuracy of the agency’s estimate Request for Comments: Comments Title: W–2 (Wage and Tax Statement), submitted in response to this notice will of the burden of the collection of W–2c (Corrected Wage and Tax information; (c) ways to enhance the be summarized and/or included in the Statement). W–2AS (American Samoa request for OMB approval. All quality, utility, and clarity of the Wage and Tax Statement), W–2GU information to be collected; (d) ways to comments will become a matter of (Guam Wage and Tax Statement), W– public record. Comments are invited on: minimize the burden of the collection of 2VI (U.S. Virgin Islands Wage and Tax information on respondents, including (a) Whether the collection of Statement), W–3 (Transmittal of Wage through the use of automated collection information is necessary for the proper and Tax Statements), W–3c (Transmittal techniques or other forms of information performance of the functions of the of Corrected Wage and Tax Statements), technology; and (e) estimates of capital agency, including whether the W–3PR (Informe de Comprobantes de or start-up costs and costs of operation, information shall have practical utility; Retencio’n Transmittal of Withholding maintenance, and purchase of services (b) the accuracy of the agency’s estimate Statements, W–3c PR(TRANSMISION to provide information. of the burden of the collection of DE COMPROBANTES DE RETENCIO’N information; (c) ways to enhance the Approved: November 6, 2019. CORREGIDOS, Transmittal of Corrected quality, utility, and clarity of the Philippe Thomas, Wage and Tax Statements), and W–3SS information to be collected; (d) ways to Supervisory Tax Analyst. (Transmittal of Wage and Tax minimize the burden of the collection of [FR Doc. 2019–25240 Filed 11–20–19; 8:45 am] Statements). information on respondents, including BILLING CODE 4830–01–P OMB Number: 1545–0008. through the use of automated collection Form Numbers: Forms W–2, W–2c, techniques or other forms of information W–2AS, W–2GU, W–2VI, W–3, W–3c, technology; and (e) estimates of capital DEPARTMENT OF THE TREASURY W–3cPR, W–3PR, and W–3SS. or start-up costs and costs of operation, Abstract: Employers report income Internal Revenue Service maintenance, and purchase of services and withholding information on Form to provide information. W–2. Individuals use Form W–2 to Proposed Collection; Comment prepare their income tax returns. Forms Approved: November 6, 2019. Request for Information Collection W–2AS, W–2GU and W–2VI are Philippe Thomas, Tools variations of Form W–2 for use in U.S. Supervisory Tax Analyst. AGENCY: Internal Revenue Service (IRS), possessions. The Form W–3 series is [FR Doc. 2019–25241 Filed 11–20–19; 8:45 am] Treasury. used to transmit W–2 series forms to the BILLING CODE 4830–01–P

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Reader Aids Federal Register Vol. 84, No. 225 Thursday, November 21, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 8 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 103...... 60307 208...... 63994 The United States Government Manual 741–6000 9956...... 59693 9957...... 59697 217...... 60316 Other Services 9958...... 59699 1003...... 63994 Electronic and on-line services (voice) 741–6020 9959...... 59701 1208...... 63994 Privacy Act Compilation 741–6050 9960...... 59703 1240...... 63994 9961...... 59705 Proposed Rules: 9962...... 59707 103...... 62280 ELECTRONIC RESEARCH 9963...... 61811 106...... 62280 204...... 62280 World Wide Web 9964...... 62427 9965...... 62429 208...... 62374 Full text of the daily Federal Register, CFR and other publications 9966...... 64187 211...... 62280 is located at: www.govinfo.gov. Executive Orders: 212...... 62280 214...... 62280 Federal Register information and research tools, including Public 13495 (Revoked by EO 13897)...... 59709 216...... 62280 Inspection List and electronic text are located at: 223...... 62280 www.federalregister.gov. 13896...... 58595 13897...... 59709 235...... 62280 236...... 62280 E-mail Administrative Orders: 240...... 62280 FEDREGTOC (Daily Federal Register Table of Contents Electronic Memorandums: Memorandum of 244...... 62280 Mailing List) is an open e-mail service that provides subscribers 245...... 62280 with a digital form of the Federal Register Table of Contents. The November 12, 2019 ...... 63789 245a...... 62280, 62374 digital form of the Federal Register Table of Contents includes 248...... 62280 HTML and PDF links to the full text of each document. Notices: Notice of October 31, 264...... 62280 To join or leave, go to https://public.govdelivery.com/accounts/ 2019 ...... 59287 274a...... 62280 USGPOOFR/subscriber/new, enter your email address, then Notice of November 301...... 62280 follow the instructions to join, leave, or manage your 12, 2019 ...... 61815 319...... 62280 subscription. Notice of November 320...... 62280 322...... 62280 PENS (Public Law Electronic Notification Service) is an e-mail 12, 2019 ...... 61817 324...... 62280 service that notifies subscribers of recently enacted laws. Notice of November 334...... 62280 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 19, 2019 ...... 64191 Presidential 341...... 62280 and select Join or leave the list (or change settings); then follow 343a...... 62280 the instructions. Determinations: No. 2020–01 of 343b...... 62280 FEDREGTOC and PENS are mailing lists only. We cannot October 18, 2019 ...... 59519 392...... 62280 respond to specific inquiries. No. 2020–02 of 9 CFR Reference questions. Send questions and comments about the October 18, 2019 ...... 59521 327...... 60318 Federal Register system to: [email protected] No. 2020–03 of October 25, 2019 ...... 59917 557 ...... 59678, 59682, 59685 The Federal Register staff cannot interpret specific documents or regulations. 5 CFR 10 CFR Proposed Rules: 2...... 63565 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 8301...... 60346 21...... 63565 37...... 63565 58595–59288...... 1 7 CFR 50...... 63565 59289–59524...... 4 966...... 59289 52...... 63565 59525–59710...... 5 1470...... 60883 73...... 63565 59711–59916...... 6 1600...... 59919 110...... 63565 59917–60306...... 7 1610...... 59919 Proposed Rules: 60307–60882...... 8 1700...... 59919 50...... 63816, 63819 60883–61516...... 12 1735...... 59919 430...... 61836, 62470 61517–61818...... 13 1737...... 59919 810...... 59315 1740...... 59919 61819–62430...... 14 1744...... 59919 12 CFR 62431–63564...... 15 1751...... 59919 1...... 61776 63565–63790...... 18 2003...... 59919 3 ...... 59230, 61776, 61804, 63791–64012...... 19 2200...... 59919 64193 64013–64192...... 20 2201...... 59919 5...... 61776 64193–64410...... 21 Proposed Rules: 6...... 61776, 64193 932...... 59736 23...... 61776 986...... 64028 24...... 61776

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32...... 61776 39 ...... 58634, 58636, 58638, 31 CFR 70...... 59743, 60968 34...... 61776, 64193 59315, 59739, 60001, 60003, 50...... 62450 71...... 59743 44...... 61974 60007, 60349, 60351, 62482, 1010...... 59302 81...... 64245 46...... 64193 62485, 62488, 63580, 63582, 97...... 61850 Proposed Rules: 50...... 59230 63585, 63820, 63822, 63825, 141...... 61684 150...... 59320 160...... 61776, 64193 63827 142...... 61684 161...... 64193 71...... 60354 32 CFR 170...... 58666 163...... 64193 228...... 59744 167...... 64193 15 CFR 233...... 59720 261...... 60975 192...... 61776 744...... 61538, 64018 324...... 64022 282...... 58674 201...... 59923 801...... 60912 504...... 59723 300...... 60357 204...... 59924 922...... 61546 584...... 60916 710...... 60363 206...... 61776 Ch. XII...... 59723 721...... 59335 208...... 61776 16 CFR 33 CFR 211...... 61776 Proposed Rules: 41 CFR 100 ...... 59525, 59526, 60334, 215...... 61776 Ch. II ...... 60010 Proposed Rules: 217 ...... 59032, 59230, 61776, 1112...... 60949 61819, 63575 60–1...... 59746 61804 1130...... 60949 117...... 60916 60–300...... 59746 223...... 61776 1236...... 60949 165 ...... 59526, 59754, 59726, 60–741...... 59746 225...... 59032, 61776 60334, 60337, 62452, 62454, 17 CFR 238...... 59032, 61776 63577 42 CFR 242...... 59032 75...... 61974 334...... 64200, 64203 255...... 61974 403...... 62568 243...... 59194 Proposed Rules: 405...... 60648, 61142 248...... 61974 Proposed Rules: 117...... 59741 160...... 60963 409...... 60478, 62568 249...... 59230 165 ...... 59602, 60025, 61583 410 ...... 60648, 61142, 62568 251...... 61776 20 CFR 411...... 62568 252...... 59032 34 CFR 412...... 61142 303...... 61776 725...... 64197 600...... 58834 413...... 60648 324 ...... 59230, 61776, 61804 Proposed Rules: 602...... 58834 414 ...... 60478, 60648, 61142, 329...... 59230 404...... 63588 603...... 58834 62568 337...... 61776 416...... 63588 654...... 58834 415...... 62568 347...... 61776 617...... 60150 668...... 58834 416...... 61142, 62568 351...... 61974 618...... 60150 674...... 58834 418...... 62568 362...... 61776 655...... 62431 Proposed Rules: 419...... 61142 365...... 61776 21 CFR Ch. III ...... 61585 424...... 62568 381...... 59194 425...... 62568 390...... 61776 1308...... 60333 37 CFR 484...... 60478 1026...... 63791 Proposed Rules: 1...... 59452 201...... 60917 486...... 60478, 61142 Proposed Rules: 202...... 60917, 60918 489...... 62568 7...... 64229 11...... 59452 16...... 59452 380...... 64204 498...... 62568 45...... 59970 381...... 64205 600...... 59529 160...... 64229 129...... 59452 386...... 64206 Proposed Rules: 237...... 59970 1141...... 60966 Proposed Rules: 430...... 63722 246...... 60944, 63820 23 CFR 383...... 60356 433...... 63722 252...... 64031 Proposed Rules: 447...... 63722 349...... 59970 650...... 61494 38 CFR 455...... 63722 624...... 59970 17...... 61548 457...... 63722 701...... 59989 26 CFR 1221...... 59970 Proposed Rules: 1...... 59297, 63802 17...... 64235 43 CFR 13 CFR 57...... 61547 2...... 61820 39 CFR 121...... 64013 Proposed Rules: 3000...... 59730 1 ...... 59318, 60011, 60812, 126...... 62447 3020...... 61552 64234 44 CFR Proposed Rules: Proposed Rules: 121...... 60846 27 CFR 3050...... 60031 64...... 59548 124...... 60846 206...... 62454 478...... 60333 40 CFR 125...... 60846 45 CFR 126...... 60846 28 CFR 52 ...... 59527, 59728, 60920, 75...... 63809 127...... 60846 16...... 64198 60927, 61560, 61819, 63804, 134...... 60846 63806 102...... 59549 Proposed Rules: 1169...... 59313 541...... 63830 60...... 61563 14 CFR 63...... 58601 Proposed Rules: 27...... 64194 29 CFR 81...... 60927, 64206 75...... 63831 39 ...... 59292, 59711, 59713, 180 ...... 58623, 59932, 60932, 500...... 59928 46 CFR 59716, 59718, 59926, 60325, 501...... 59928 60937 60328, 60900, 60903, 60906, 503...... 62431 282...... 58627 28...... 64209 61517, 61520, 61523, 61526, 580...... 59928 300...... 60339 515...... 62464 61529, 61533, 63569, 63794, 801...... 59928 721...... 63808 63797, 63799, 64195 2700...... 59931 Proposed Rules: 47 CFR 71 ...... 58599, 58600, 61537, 4022...... 62449 Ch. I ...... 60986 1...... 59567 64014 Proposed Rules: 51...... 59743 27...... 64209 95...... 60330 90...... 60150 52 ...... 58641, 59325, 59327, 54...... 59937, 61829 97 ...... 59294, 59296, 63571, 778...... 59590 59331, 59743, 60968, 61592, 74...... 63811 63573 61850, 63601, 64035, 64243, 78...... 63811 Proposed Rules: 30 CFR 64244, 64245 90...... 61831 27...... 64223 943...... 64019 63...... 58936 101...... 63811

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Proposed Rules: 212...... 60988 395...... 59761 697...... 61569 1...... 59605 215...... 60988 396...... 60990 300...... 64023 73...... 59605, 59756 227...... 60988 679...... 64023 90...... 61863 252...... 60988 50 CFR Proposed Rules: 2902...... 62491 17...... 59570, 64210 10...... 60998 48 CFR 622 ...... 60344, 61568, 64227 17...... 60278, 60371 Ch. 7 ...... 61832 49 CFR 635...... 63812 300...... 60040 2902...... 62468 614...... 59568 648 ...... 59588, 59735, 63814 622...... 61003, 62491 Proposed Rules: Proposed Rules: 660...... 63966 635...... 62491 207...... 60988 234...... 60032 679 ...... 59588, 59968, 63814 648...... 59349

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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 November 13, 2019 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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