Vol. 85 Monday, No. 96 May 18, 2020

Pages 29591–29838

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 96

Monday, May 18, 2020

Agriculture Department NOTICES See Animal and Plant Health Inspection Service Agency Information Collection Activities; Proposals, See Food and Nutrition Service Submissions, and Approvals, 29686–29687 See Forest Service See Rural Business-Cooperative Service Consumer Product Safety Commission See Rural Utilities Service NOTICES Hearing: Alcohol, Tobacco, Firearms, and Explosives Bureau Commission Agenda and Priorities, 29687–29688 NOTICES International Trade Data System Test: Copyright Royalty Board Cessation of Voluntary Export Pilot Project, 29741 NOTICES Distribution: American Battle Monuments Commission 2018 Cable Royalty Funds, 29753–29754 RULES 2018 Satellite Royalty Funds, 29753 Freedom of Information Act Regulations, 29621–29626 Defense Department Animal and Plant Health Inspection Service See Engineers Corps RULES RULES Federal Acquisition Regulations: Movement of Certain Genetically Engineered Organisms, Applicability of Inflation Adjustments of Acquisition- 29790–29838 Related Thresholds, 29666 NOTICES Bureau of Consumer Financial Protection Meetings: NOTICES Board of Regents, Uniformed Services University of the Agency Information Collection Activities; Proposals, Health Sciences, 29688–29689 Submissions, and Approvals, 29687 Drug Enforcement Administration Centers for Disease Control and Prevention NOTICES NOTICES Bulk Manufacturer of Controlled Substances Application: Statement of Organization, Functions, and Delegations of SpecGx, LLC, 29741–29742 Authority, 29720–29723 Importer of Controlled Substances; Application: Scientific Botanical Pharmaceutical, Inc., 29742–29743 Centers for Medicare & Medicaid Services NOTICES Education Department Medicare and Medicaid Programs: NOTICES Application from DNV–GL Healthcare USA, Inc. for Agency Information Collection Activities; Proposals, Continued Approval of Its Critical Access Hospital Submissions, and Approvals: Accreditation Program, 29723–29724 Annual Protection and Advocacy of Individual Rights Program Performance Report, 29691 Civil Rights Commission Fiscal Year 2020 Application for Grants Under the NOTICES International Research and Studies Program, 29705– Meetings: 29706 Kentucky Advisory Committee; Correction, 29684 Health Education Assistance Loan Program; Lender’s Ohio Advisory Committee, 29683–29684 Application for Insurance Claim Form and Request West Virginia Advisory Committee, 29684 for Collection Assistance Form, 29707 Applications for New Awards: Coast Guard Teacher Quality Partnership Grant Program, 29691–29704 RULES List of Correspondence: Security Zone: January 1, 2019, Through March 31, 2020, 29706–29707 Potomac River, Montgomery County, MD, 29615–29621 Waivers Granted Under Section 3511 of the Coronavirus Aid, Relief, and Economic Security Act, 29704–29705 Commerce Department See Foreign-Trade Zones Board Employment and Training Administration See Industry and Security Bureau NOTICES See International Trade Administration Change in Status of the Extended Benefit Program: See National Institute of Standards and Technology Alaska, 29747 See National Oceanic and Atmospheric Administration Massachusetts, 29746 See Patent and Trademark Office Minnesota, 29748 Montana, 29747 Commodity Futures Trading Commission Nevada, 29746 RULES New Jersey, 29748 Privacy of Consumer Financial Information, 29611–29614 New York, 29745

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Pennsylvania, 29745 Privacy Act; Systems of Records, 29713–29716 Puerto Rico, 29745–29746 Vermont, 29749 Federal Emergency Management Agency Washington, 29748 NOTICES West Virginia, 29747 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Energy Department Facility Access Request, 29733 See Federal Energy Regulatory Commission Federal Energy Regulatory Commission Engineers Corps NOTICES NOTICES Application: National Wetland Plant List, 29689–29691 Southern California Edison Co., 29708–29709 Combined Filings, 29708, 29710 Environmental Protection Agency Initial Market-Based Rate Filings Including Requests for RULES Blanket Section 204 Authorizations: Air Quality State Implementation Plans; Approvals and Techren Solar III, LLC, 29710–29711 Promulgations: Techren Solar IV, LLC, 29711 Massachusetts; Negative Declaration for the Oil and Gas Techren Solar V, LLC, 29711 Industry, 29628–29630 Petition for Waiver: New Jersey; Negative Declaration, 29627–29628 Florida Power and Light Co.; Gulf Power Co., 29709– Pesticide Tolerances: 29710 Fluridone, 29633–29637 Tolerance Exemption: Federal Maritime Commission Methyl Mercaptan, 29630–29633 RULES PROPOSED RULES Interpretive Rule on Demurrage and Detention Under the Air Quality State Implementation Plans; Approvals and Shipping Act, 29638–29666 Promulgations: Massachusetts; Negative Declaration for the Oil and Gas Federal Mine Safety and Health Review Commission Industry, 29678 NOTICES NOTICES Meetings; Sunshine Act, 29719–29720 Allocations of Cross-State Air Pollution Rule Allowances Sending Case Issuances Through Electronic Mail, 29719 From New Unit Set-Asides for 2020 Control Periods, Temporary Suspension of In-Person Hearings, 29719 29711–29712 Federal Motor Carrier Safety Administration Federal Aviation Administration NOTICES RULES Hours of Service of Drivers; Exemption Applications: Airworthiness Directives: Extreme Logistics, LLC, 29782–29784 328 Support Services GmbH (Type Certificate Previously PTS Worldwide, Inc., 29781–29782 Held by AvCraft Aerospace GmbH; Fairchild Dornier Parts and Accessories Necessary for Safe Operation; GmbH; Dornier Luftfahrt GmbH) Airplanes, 29601– Exemption Applications: 29603 Laydon Composites Ltd., 29784–29787 ATR—GIE Avions de Transport Regional Airplanes, 29596–29598 Federal Reserve System The Boeing Company Airplanes, 29598–29601 NOTICES Instrument Flight Rules Altitudes; Miscellaneous Change in Bank Control: Amendments, 29603–29610 Acquisitions of Shares of a Bank or Bank Holding PROPOSED RULES Company, 29720 Airworthiness Directives: General Electric Company Turbofan Engines, 29676– Federal Transit Administration 29678 NOTICES The Boeing Company Airplanes, 29673–29676 Limitation on Claims Against Proposed Public NOTICES Transportation Projects, 29787 Petition for Exemption; Summary: Aero Seat, Inc., 29780–29781 Food and Nutrition Service AgrowSoft, LLC dba AgrowDrone, 29778 PROPOSED RULES Air Wisconsin Airlines, LLC, 29776 Employment and Training Opportunities in the Airlines for America, 29776–29780 Supplemental Nutrition Assistance Program, 29673 Benjamin Kroll, 29779 Patrick Tohill, 29777 Foreign-Trade Zones Board Sun Country Inc. d/b/a Sun Country Airlines, 29779– NOTICES 29780 Reorganization under Alternative Site Framework: Foreign-Trade Zone 32, Miami, FL, 29685 Federal Communications Commission NOTICES Forest Service Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 29712–29713, 29717– Meetings: 29719 Southern Montana Resource Advisory Committee, 29679 Meetings: West Virginia Resource Advisory Committee, 29679– Technological Advisory Council, 29716–29717 29680

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General Services Administration NOTICES RULES Agency Information Collection Activities; Proposals, Federal Acquisition Regulations: Submissions, and Approvals: Applicability of Inflation Adjustments of Acquisition- Office for Victims of Crime Tribal Financial Management Related Thresholds, 29666 Center Needs Assessment and Evaluation, 29743– 29744 Report of Theft or Loss of Controlled Substance, 29744– Health and Human Services Department 29745 See Centers for Disease Control and Prevention The National Forensic Laboratory Information System See Centers for Medicare & Medicaid Services Collection of Analysis Data, 29743 See Health Resources and Services Administration See National Institutes of Health Labor Department RULES See Employment and Training Administration Enforcement Discretion Regarding COVID–19 Community- See Labor Statistics Bureau Based Testing Sites During the COVID–19 Nationwide See Mine Safety and Health Administration Public Health Emergency, 29637–29638 NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals, 29727–29728 Benefit Appeals Report, 29749

Health Resources and Services Administration Labor Statistics Bureau NOTICES NOTICES National Vaccine Injury Compensation Program: Agency Information Collection Activities; Proposals, List of Petitions Received, 29724–29727 Submissions, and Approvals, 29749–29751

Homeland Security Department Library of Congress See Coast Guard See Copyright Royalty Board See Federal Emergency Management Agency See U.S. Customs and Border Protection Mine Safety and Health Administration NOTICES NOTICES Agency Information Collection Activities; Proposals, Petitions for Modification of Application of Existing Submissions, and Approvals: Mandatory Safety Standards, 29751–29753 Generic Clearance for Improving Customer Experience, 29733–29736 National Aeronautics and Space Administration RULES Federal Acquisition Regulations: Housing and Urban Development Department Applicability of Inflation Adjustments of Acquisition- NOTICES Related Thresholds, 29666 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Credit Union Administration FHA-Insured Mortgage Loan Servicing of Payments, NOTICES Prepayments, Terminations, Assumptions, and Meetings; Sunshine Act, 29754 Transfers, 29738–29739 Multifamily Rental Project Closing Documents, 29736– National Endowment for the Humanities 29738 NOTICES Rental Assistance Demonstration; Supporting Contracts Meetings: and Processing Requirements, 29739–29740 Humanities Panel, 29754–29755

Industry and Security Bureau National Foundation on the Arts and the Humanities RULES See National Endowment for the Humanities Temporary General License: Extension of Validity, 29610–29611 National Institute of Standards and Technology NOTICES International Trade Administration Meetings: RULES National Construction Safety Team Advisory Committee, Temporary Rule Modifying AD/CVD Service Requirements 29685–29686 Due to COVID–19, 29615 National Institutes of Health NOTICES International Trade Commission Meetings: NOTICES Eunice Kennedy Shriver National Institute of Child Investigations; Determinations, Modifications, and Rulings, Health and Human Development, 29731–29732 etc.: National Cancer Institute, 29728–29729 Calcium Hypochlorite From China, 29740–29741 National Center for Complementary and Integrative Health, 29728 Justice Department National Heart, Lung, and Blood Institute, 29728–29730, See Alcohol, Tobacco, Firearms, and Explosives Bureau 29732 See Drug Enforcement Administration National Institute of Mental Health, 29729–29731

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National Institute on Alcohol Abuse and Alcoholism, Nasdaq BX, Inc., 29766–29770 29730–29731 Nasdaq PHLX, LLC, 29770–29773

National Oceanic and Atmospheric Administration Small Business Administration RULES NOTICES Fisheries of the Exclusive Economic Zone Off Alaska: Major Disaster Declaration: Gulf of Alaska; Final 2020 and 2021 Harvest Mississippi, 29775 Specifications for Groundfish; Correction, 29670– Mississippi; Public Assistance Only, 29774 29672 North Carolina, 29774–29775 International Fisheries: Tennessee, 29774 Pacific Tuna Fisheries; Fishing Restrictions for Silky Shark, Fish Aggregating Devices, and Observer Safety State Department in the Eastern Pacific Ocean, 29666–29670 NOTICES Agency Information Collection Activities; Proposals, Nuclear Regulatory Commission Submissions, and Approvals: NOTICES Evacuee Manifest and Promissory Note, 29775–29776 Exemption: Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Surface Transportation Board Generation, LLC; Perry Nuclear Power Plant, Unit NOTICES No. 1, 29756–29759 Release of Waybill Data, 29776 Inspections, Tests, Analyses, and Acceptance Criteria: Southern Nuclear Operating Co., Inc. Vogtle Electric Transportation Department Generating Plant, Units 3 and 4 Inspections, Tests, See Federal Aviation Administration Analyses, and Acceptance Criteria, 29755–29756 See Federal Motor Carrier Safety Administration Meetings; Sunshine Act, 29756 See Federal Transit Administration

Patent and Trademark Office U.S. Customs and Border Protection NOTICES NOTICES COVID–19 Prioritized Examination Pilot Program, 29686 Revocation of Customs Brokers’ Licenses; Correction, 29732–29733 Presidential Documents ADMINISTRATIVE ORDERS Veterans Affairs Department National Defense Authorization Act for Fiscal Year 2020; NOTICES Delegation of Functions and Authorities (Memorandum Agency Information Collection Activities; Proposals, of May 12, 2020), 29591 Submissions, and Approvals: State Cemetery Data Sheet and Cemetery Grant Rural Business-Cooperative Service Documents, 29787–29788 RULES Meetings: Biorefinery, Renewable Chemical, and Biobased Product Advisory Committee on the Readjustment of Veterans, Manufacturing Assistance Program, 29593–29596 29788 National Research Advisory Council, 29788 Rural Utilities Service RULES Biorefinery, Renewable Chemical, and Biobased Product Separate Parts In This Issue Manufacturing Assistance Program, 29593–29596 NOTICES Part II Request for Applications: Agriculture Department, Animal and Plant Health Requirements for Section 313A Guarantees for Bonds and Inspection Service, 29790–29838 Notes Issued for Utility Infrastructure Loans for Fiscal Year 2020, 29680–29683

Securities and Exchange Commission Reader Aids RULES Consult the Reader Aids section at the end of this issue for Updated Disclosure Requirements and Summary Prospectus phone numbers, online resources, finding aids, and notice for Variable Annuity and Variable Life Insurance of recently enacted public laws. Contracts, 29614 To subscribe to the Federal Register Table of Contents NOTICES electronic mailing list, go to https://public.govdelivery.com/ Meetings; Sunshine Act, 29773 accounts/USGPOOFR/subscriber/new, enter your e-mail Self–Regulatory Organizations; Proposed Rule Changes: address, then follow the instructions to join, leave, or MIAX PEARL, LLC, 29759–29766 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Administrative Orders: Memorandums: Memorandum of May 12, 2020 ...... 29591 7 CFR 330...... 29790 340...... 29790 372...... 29790 4279...... 29593 4287...... 29593 Proposed Rules: 271...... 29673 273...... 29673 14 CFR 39 (3 documents) ...... 29596, 29598, 29601 95...... 29603 Proposed Rules: 39 (2 documents) ...... 29673, 29676 15 CFR 744...... 29610 762...... 29610 17 CFR 160...... 29611 200...... 29614 230...... 29614 232...... 29614 239...... 29614 240...... 29614 270...... 29614 274...... 29614 19 CFR 351...... 29615 33 CFR 165...... 29615 36 CFR 404...... 29621 40 CFR 52 (2 documents) ...... 29627, 29628 180 (2 documents) ...... 29630, 29633 Proposed Rules: 52...... 29678 45 CFR 160...... 29637 164...... 29637 46 CFR 545...... 29638 48 CFR 1...... 29666 5...... 29666 8...... 29666 9...... 29666 12...... 29666 13...... 29666 15...... 29666 19...... 29666 22...... 29666 25...... 29666 30...... 29666 50...... 29666 52...... 29666 50 CFR 216...... 29666 300...... 29666 679...... 29670

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Federal Register Presidential Documents Vol. 85, No. 96

Monday, May 18, 2020

Title 3— Memorandum of May 12, 2020

The President Delegation of Functions and Authorities Under Section 1260J of the National Defense Authorization Act for Fiscal Year 2020

Memorandum for the Secretary of Commerce [and] the Attorney General

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Commerce, in consultation with the Attorney General, the functions and authorities vested in the President by section 1260J of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92). The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. The Secretary of Commerce is authorized and directed to publish this memo- randum in the Federal Register.

THE WHITE HOUSE, Washington, May 12, 2020

[FR Doc. 2020–10749 Filed 5–15–20; 8:45 am] Billing code 3510–07–P

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Rules and Regulations Federal Register Vol. 85, No. 96

Monday, May 18, 2020

This section of the FEDERAL REGISTER I. Background Federal Register (80 FR 36410) on or contains regulatory documents having general before August 24, 2015. The Agency applicability and legal effect, most of which The Food, Conservation, and Energy Act of 2008 (Pub. L. 110–246), otherwise received three (3) comments which are are keyed to and codified in the Code of summarized as follows: Federal Regulations, which is published under known as the 2008 Farm Bill, 50 titles pursuant to 44 U.S.C. 1510. established the Biorefinery Assistance Issue 1: Two organizations expressed Program (9003 Program) under Title IX, support for the Program as published on The Code of Federal Regulations is sold by Section 9003, for making loan June 24, 2015 in the Federal Register. the Superintendent of Documents. guarantees to fund the development, Agency Response: The Agency construction, and Retrofitting of appreciates the two organizations that DEPARTMENT OF AGRICULTURE commercial-scale biorefineries using responded in support of the Interim Eligible technology. The 2008 Farm Bill final rule which implements the defined Eligible technologies as: Rural Business-Cooperative Service expansion of the Program to include technology that is being adopted in a facilities producing primarily renewable viable Commercial-scale operation of a Rural Utilities Service chemicals and biobased products and Biorefinery that produces an Advanced the potential to developing the biofuel; and technology that has been [Docket Number: RBS–20–BUSINESS–0015] demonstrated to have technical and renewable economy. 7 CFR Parts 4279 and 4287 economic potential for commercial Issue 2: One organization wrote that application in a Biorefinery that several of these small innovative produces an Advanced biofuel. industrial biotechnology companies are RIN 0570–AA73 The 9003 Program’s authority was not able to meet the interim final rule Biorefinery, Renewable Chemical, and continued in the Agricultural Act of deadlines, which include demonstrating Biobased Product Manufacturing 2014 (2014 Farm Bill) (Pub. L. 113–79), 120 days of continuous pilot operation, Assistance Program with several specific changes: (1) and cannot obtain an appropriate letter Renames the Program as the Biorefinery, of intent from a lender for their projects AGENCY: Rural Business-Cooperative Renewable Chemical, and Biobased within the time constraints set forth in Service and Rural Utilities Service, Product Manufacturing Assistance the rule. The commenter strongly USDA. Program; (2) revises the purpose recommended that the USDA final rule statement for the Program to include extend these deadlines, so as to ACTION: Final rule. Renewable chemicals and Biobased facilitate participation by a broader and product manufacturing; (3) expands the more diverse array of innovative SUMMARY: The Rural Business- Program to include Biobased product Cooperative Service (Agency), a Rural industrial biotechnology companies manufacturing facilities; (4) adds Development agency of the United which include pre-revenue and definitions for ‘‘Renewable Chemicals’’ States Department of Agriculture emerging companies. and ‘‘Biobased Product Manufacturing;’’ (USDA), hereinafter referred to as (the Agency Response: The Agency and (5) Ensures diversity in the types of Agency), is issuing a final rule for the believes that evidence of 120 days of Projects approved. steady, continuous production is Biorefinery, Renewable Chemical, and Once again, under the Agricultural required to provide the necessary data Biobased Product Manufacturing Act of 2018 (2018 Farm Bill) (Pub. L. Assistance Program (the Program) or 115–334), signed into law on December to make a sound credit decision as well (the 9003 Program), formerly the 20, 2018, the 9003 Program was as make a reasoned determination about Biorefinery Assistance Program. This reauthorized under Title IX and the the project’s ability to scale up their final rule incorporates the statutory 2018 Farm Bill also amended the production to a commercial scale. Phase definition changes as required in the definition of the terms ‘biorefinery’ and 1 applications are accepted year-round Agricultural Act of 2018 (2018 Farm ‘eligible technology’ for the Program. and competed on October 1 and April Bill) and, with one exception, adopts Eligible applicants for this Program 1 of each fiscal year. Evidence of 120 the interim rule published on June 24, include: Individuals; entities; Indian days of continuous steady state 2015 in the Federal Register. This rule Tribes; units of State or Local production from an integrated also addresses public comments Government; corporations; Farm demonstration unit is a Phase 2 received by the Agency regarding cooperatives; Farmer cooperative application requirement and does not Program changes as published in the organizations; Associations of necessarily need to be complete prior to Interim final rule on June 24, 2015 in Agricultural Producers; national the Phase 1 application deadline. the Federal Register. laboratories; Institutions of higher Applicants are encouraged to submit a DATES: Effective May 18, 2020. education; rural electric cooperatives; Letter of Intent prior to submitting a full public power entities; and consortia of Phase 1 application. The Letter of Intent FOR FURTHER INFORMATION CONTACT: any of the foregoing entities. is due 30 days prior to the Phase 1 Aaron Morris, Rural Business- application deadline. The Program is a Cooperative Service, U.S. Department of II. Summary of Comments and loan guarantee program and therefore an Agriculture, 1400 Independence Avenue Responses applicant is required to have a lender in SW, Stop 3225, Washington, DC 20250– As noted earlier, the Agency invited order to submit a complete application, 3201; telephone (202) 720–1501. comments on the interim final rule but a Letter of Intent may be submitted SUPPLEMENTARY INFORMATION: published on June 24, 2015 in the without a lender in place.

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III. Purpose of the Regulatory Action which was previously required prior to Unfunded Mandates Reform Act This final rulemaking adopts almost loan closing will now be required prior This final rule contains no Federal all of the changes to 7 CFR part 4279, to the issuance of a Conditional mandates (under the regulatory subpart C, and 7 CFR part 4287, subpart Commitment, Form RD 4279–3, which provision of Title II of the Unfunded D, as published in the interim final rule is the Agency’s notice to the Lender that Mandates Reform Act of 1995) for State, on June 24, 2015 in the Federal Register the loan guarantee it has requested is local, and tribal governments or the which implemented the provisions approved subject to the completion of private sector. Therefore, this final rule contained in the 2014 Farm Bill, all conditions and requirements set is not subject to the requirements of modified the Program to incorporate forth by the Agency and outlined in the sections 202 and 205 of the Unfunded administrative improvements based on attachment to the Conditional Mandates Reform Act of 1995. Commitment (see 7 CFR 4279.202) Agency experience in implementing the Executive Order 13132 Federalism Program, and incorporated the Specifically, the change will require the applicable guaranteed loan provisions of borrower to provide evidence to the It has been determined, under E.O. the Agency’s Business and Industry Lender and Agency of 120 days of 13132, Federalism, that this final rule (B&I) Guaranteed Loan program to make continuous, steady state production does not have sufficient federalism the rule a ‘‘stand-alone’’ rule. This final from an integrated demonstration unit implications to warrant the preparation rulemaking also incorporates the prior to the issuance of a Conditional of a Federalism Assessment. The statutory definition changes as required Commitment instead of prior to loan provisions contained in the rule will not in the Agricultural Act of 2018 (2018 closing. The Agency believes this have a substantial direct effect on States Farm Bill) as well as an additional change will decrease the time between or their political subdivisions or on the credit-driven requirement believed the issuance of a Conditional distribution of power and necessary by the Agency for projects Commitment and loan closing and responsibilities among the various government levels. incorporating technology that does not lessen the credit risk to the Government. have a history of successful utilization V. Executive Orders/Acts Regulatory Flexibility Act in a commercial-scale operation. The Agency has determined that this Executive Order 12866 IV. Summary of Changes final rule will not have a significant economic impact on a substantial The changes to the 9003 Program This final rule has been determined to be not significant for purposes of number of small entities, as defined in regulation that are now being made are the Regulatory Flexibility Act (5 U.S.C. based on new statutory requirements in Executive Order 12866 and, therefore, has not been reviewed by the Office of 601 et seq.). The Regulatory Flexibility the 2018 Farm Bill and one non- Act (5 U.S.C. 601–612) (RFA) generally Management and Budget. statutory credit-driven need for the requires an agency to prepare a Program. Congressional Review Act regulatory flexibility analysis of any rule The 2018 Farm Bill amended the subject to notice and comment definition for the terms ‘biorefinery’ and Pursuant to the Congressional Review rulemaking requirements under the ‘eligible technology’ for the 9003 Act (5 U.S.C. 801 et seq.), the Office of Administrative Procedure Act or any Program. Information and Regulatory Affairs other statute unless the Agency certifies The 2018 Farm Bill defines a designated this rule as not a major rule, that the rule will not have an biorefinery as a facility including as defined by 5 U.S.C. 804(2). economically significant impact on a equipment and processes that converts substantial number of small entities. Executive Order 12372 Renewable biomass or an intermediate Small entities include small businesses, Intergovernmental Review of Federal ingredient or feedstock of Renewable small organizations, and small Programs biomass into any one or more, or a governmental jurisdictions. Under combination of Biofuels, Renewable section 605(b) of the Regulatory chemicals, or Biobased products and This Program is not subject to the provisions of E.O. 12372, which require Flexibility Act, 5 U.S.C. 605(b), the may produce electricity. Agency certifies that this rule will not The 2018 Farm Bill defines ‘‘Eligible intergovernmental consultation with State and local officials. have a significant economic impact on Technology’’ as: (1) A technology that is a substantial number of small entities. being adopted in a viable Commercial- Executive Order 12988, Civil Justice This final rule affects entities that scale operation of a Biorefinery that Reform utilize the 9003 Program and any produces any one or more, or a prospective entities that may that may This final rule has been reviewed combination, of an Advanced biofuel; a utilize the Program in the future. Renewable chemical; or a Biobased under Executive Order 12988, Civil product; and (2) a technology not Justice Reform. The Agency has National Environmental Policy Act described in item (1) that has been determined that this rule meets the Certification demonstrated to have technical and applicable standards provided in The Agency Administrator has economic potential for commercial section 3 of the Executive order. In determined that this final rule will not application in a biorefinery that addition, all State and local laws and significantly affect the quality of the produces any one or more, or a regulations that are in conflict with this human environment as defined by the combination, of an Advanced biofuel, a rule will be preempted, no retroactive National Environmental Policy Act of Renewable chemical or a Biobased effort will be given to this rule, and, in 1969 (42 U.S.C. 4321 et seq.). Therefore, product. accordance with Sec. 212(e) of the this action does not require an The non-statutory change to the 9003 Department of Agriculture environmental impact statement or Program is a shift in timing for the Reorganization Act of 1994 (7 U.S.C. assessment. requirement of the applicant to Sec. 912(e)), administrative appeal demonstrate 120 days of continuous, procedures, if any, must be exhausted Catalog of Federal Domestic Assistance steady production from an integrated before an action against the Department The 9003 Program is listed in the demonstration unit. Such demonstration or its agencies may be initiated. Catalog of Federal Domestic Assistance

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(CFDA) under Number 10.865. This will public assistance program, political Executive Order 13175, Consultation be updated with the Program’s new beliefs, or reprisal or retaliation for prior and Coordination With Indian Tribes name, as changed by the 2014 Farm Bill, civil rights activity, in any program or This E.O. imposes requirements on the ‘‘Biorefinery, Renewable Chemical, activity conducted or funded by USDA Rural Development in the development and Biobased Product Manufacturing (not all bases apply to all programs). of regulatory policies that have tribal Assistance Program.’’ Remedies and complaint filing implications or preempt tribal laws. All active CFDA programs and the deadlines vary by program or incident. CFDA Catalog can be found at the Rural Development has determined that following website: https://beta.sam.gov/ Persons with disabilities who require this rule does not have a substantial . The website also contains a PDF file alternative means of communication for direct effect on one or more Indian version of the Catalog that, when program information (e.g., Braille, large Tribe(s) or on either the relationship or printed, has the same layout as the print, audiotape, American Sign the distribution of powers and printed document that the Government Language, etc.) should contact the responsibilities between the Federal Publishing Office (GPO) provides. GPO responsible Agency or USDA’s TARGET Government and the Indian Tribes. prints and sells the CFDA to interested Center at (202) 720–2600 (voice and Thus, this rule is not subject to the buyers. For information about TTY) or contact USDA through the requirements of E.O. 13175. purchasing the Catalog of Federal Federal Relay Service at (800) 877–8339. E-Government Act Compliance Domestic Assistance from GPO, call the Additionally, program information may Superintendent of Documents at 202– be made available in languages other Rural Development is committed to 512–1800 or toll free at 866–512–1800, than English. complying with the E-Government Act, to promote the use of the internet and or access GPO’s online bookstore at To file a program discrimination other information technologies to https://bookstore.gpo.gov. complaint, complete the USDA Program provide increased opportunities for Discrimination Complaint Form, AD– Information Collection and citizen access to Government 3027, found online at https:// Recordkeeping Requirements information and services, and for other www.ascr.usda.gov/complaint_filing_ purposes. This rule contains no new reporting cust.html and at any USDA office or or recordkeeping burdens under OMB write a letter addressed to USDA and List of Subjects for 7 CFR Parts 4279 control number 0570–0065 that would provide in the letter all of the and 4287 require approval under the Paperwork information requested in the form. To Direct loan programs, Economic Reduction Act of 1995 (44 U.S.C. request a copy of the complaint form, Chapter 35). development, Energy, Energy efficiency call (866) 632–9992. Submit your improvements, Grant programs, Civil Rights Impact Analysis completed form or letter to USDA by: (1) Guaranteed loan programs, Loan Rural Development has reviewed this Mail: U.S. Department of Agriculture, programs—Business and industry, Loan rule in accordance with USDA Office of the Assistant Secretary for programs—Rural development Regulation 4300–4, Civil Rights Impact Civil Rights, 1400 Independence assistance, Renewable energy systems, Analysis,’’ to identify any major civil Avenue SW, Washington, DC 20250– Rural areas. 9410; (2) fax: (202) 690–7442; or (3) rights impacts the rule might have on Accordingly, the interim rule email: [email protected]. program participants on the basis of age, amending 7 CFR parts 4279 and 4287 race, color, national origin, sex or USDA is an equal opportunity which was published at 80 FR 36410 on disability. After review and analysis of provider, employer, and lender. June 24, 2015, is adopted as final with the rule and available data, it has been the following changes: determined that based on the analysis of Executive Order 13211, Actions the program purpose, application Concerning Regulations That PART 4279—GUARANTEED submission and eligibility criteria, Significantly Affect Energy Supply, LOANMAKING issuance of this final rule will not likely Distribution, or Use ■ 1. The authority citation for part 4279 neither adversely nor disproportionately This final rule will not have any continues to read as follows: impact very low, low and moderate- adverse impact on energy supply, income populations, minority distribution or use. A regulatory impact Authority: 5 U.S.C. 301; and 7 U.S.C. 1989. populations, women, Indian tribes or analysis was conducted for the interim Subpart C—Biorefinery, Renewable persons with disability, by virtue of final rule (80 FR 36410) which met the Chemical, and Biobased Product their race, color, national origin, sex, requirements for E.O. 13211, which Manufacturing Assistance Loans age, disability, or marital or familiar states that an agency undertaking status. regulatory actions related to energy ■ 2. Amend § 4279.202 by revising the USDA Non-Discrimination Policy supply, distribution, or use is to prepare definitions of ‘‘Biorefinery’’ and In accordance with Federal civil a Statement of Energy Effects. The ‘‘Eligible technology’’ to read as follows: rights law and U.S. Department of finding in the analysis for the interim Agriculture (USDA) civil rights final rule was that the rule would not § 4279.202 Definitions and abbreviations. regulations and policies, the USDA, its have any adverse impacts on energy * * * * * Agencies, offices, and employees, and supply, distribution, or use. Biorefinery. A facility (including institutions participating in or Executive Order 12372, equipment and processes) that converts administering USDA programs are Intergovernmental Review of Federal Renewable biomass or an intermediate prohibited from discriminating based on Programs ingredient or feedstock of Renewable race, color, national origin, religion, sex, biomass into any one or more, or a gender identity (including gender This Program is not subject to the combination, of Biofuels, Renewable expression), sexual orientation, provisions of E.O. 12372, which require chemicals or Biobased products, and disability, age, marital status, family/ intergovernmental consultation with may produce electricity. parental status, income derived from a State and local officials. * * * * *

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Eligible technology. The term DEPARTMENT OF TRANSPORTATION the internet at https:// ‘‘Eligible technology’’ means, as www.regulations.gov by searching for determined by the Secretary: Federal Aviation Administration and locating Docket No. FAA–2020– (1) A technology that is being adopted 0102. 14 CFR Part 39 in a viable Commercial-scale operation Examining the AD Docket [Docket No. FAA–2020–0102; Product of a Biorefinery that produces any one You may examine the AD docket on or more, or a combination, of an Identifier 2019–NM–184–AD; Amendment 39–19912; AD 2020–09–16] the internet at https:// Advanced biofuel; a Renewable www.regulations.gov by searching for chemical; or a Biobased product; and RIN 2120–AA64 and locating Docket No. FAA–2020– 0102; or in person at Docket Operations (2) A technology not described in Airworthiness Directives; ATR–GIE between 9 a.m. and 5 p.m., Monday paragraph (1) of this definition that has Avions de Transport Re´gional through Friday, except Federal holidays. been demonstrated to have technical Airplanes and economic potential for commercial The AD docket contains this final rule, application in a Biorefinery that AGENCY: Federal Aviation any comments received, and other produces any one or more, or a Administration (FAA), Department of information. The address for Docket combination, of an Advanced biofuel, a Transportation (DOT). Operations is U.S. Department of Renewable chemical or a Biobased ACTION: Final rule. Transportation, Docket Operations, M– product. 30, West Building Ground Floor, Room SUMMARY: The FAA is superseding W12–140, 1200 New Jersey Avenue SE, * * * * * Airworthiness Directive (AD) 2000–17– Washington, DC 20590. ■ 3. Amend § 4279.265 by revising 09, AD 2008–04–19 R1, and AD 2015– FOR FURTHER INFORMATION CONTACT: paragraph (b)(2) to read as follows: 26–09; and terminating all requirements Shahram Daneshmandi, Aerospace of AD 2018–18–05; which applied to Engineer, Large Aircraft Section, § 4279.265 Guarantee application ATR–GIE Avions de Transport Re´gional International Validation Branch, FAA, processing. Model ATR42–200, –300, and –320 2200 South 216th St., Des Moines, WA * * * * * airplanes. AD 2018–18–05 required 98198; telephone and fax 206–231– updating the maintenance or inspection (b) * * * 3220; email shahram.daneshmandi@ program, as applicable, to incorporate faa.gov. (2) The Agency’s determination of a new or more restrictive maintenance SUPPLEMENTARY INFORMATION: Project’s technical feasibility will be requirements and airworthiness based on the technical report. In limitations, and terminated the relevant Discussion addition, prior to the issuance of the requirements of AD 2000–17–09, AD The EASA, which is the Technical Conditional Commitment for a Project 2008–04–19 R1, and AD 2015–26–09. Agent for the Member States of the utilizing technology that does not have This AD requires revising the existing European Union, has issued EASA AD a history of successful utilization in a maintenance or inspection program, as 2019–0256, dated October 17, 2019 Commercial-scale operation of a applicable, to incorporate new or more (‘‘EASA AD 2019–0256’’) (also referred Biorefinery that produces an Advanced restrictive airworthiness limitations; as to as the Mandatory Continuing biofuel, Renewable chemical, or specified in a European Union Aviation Airworthiness Information, or ‘‘the Biobased product, evidence Safety Agency (EASA) AD, which is MCAI’’), to correct an unsafe condition demonstrating 120 days of continuous, incorporated by reference. This AD was for all ATR–GIE Avions de Transport steady state production from an prompted by a determination that new Re´gional Model ATR42–200, –300, and integrated demonstration unit must be or more restrictive airworthiness –320 airplanes. EASA AD 2019–0256 provided by the Borrower to the Lender limitations are necessary. The FAA is supersedes EASA AD 2017–0221R1, and the Agency for review and issuing this AD to address the unsafe dated December 15, 2017 (which determination of technical feasibility. condition on these products. corresponds to FAA AD 2018–18–05, Authoritative demonstration campaign DATES: This AD is effective June 22, Amendment 39–19384 (83 FR 44463, results must be provided in 30-day 2020. August 31, 2018) (‘‘AD 2018–18–05’’)). intervals. The integrated demonstration The Director of the Federal Register The FAA issued a notice of proposed unit must prove out the Project’s ability approved the incorporation by reference rulemaking (NPRM) to amend 14 CFR of a certain publication listed in this AD to utilize Project-relevant biomass and part 39 to supersede AD 2000–17–09, as of June 22, 2020. produce Advanced biofuel at a yield Amendment 39–11883 (65 FR 53897, and quality consistent with the design ADDRESSES: For material incorporated September 6, 2000) (‘‘AD 2000–17–09’’); basis of the Project. The Borrower must by reference (IBR) in this AD, contact AD 2008–04–19 R1, Amendment 39– provide to the Agency, for review and the EASA, Konrad-Adenauer-Ufer 3, 16069 (74 FR 56713, November 3, 2009) 50668 Cologne, Germany; telephone +49 (’’AD 2008–04–19 R1’’); and AD 2015– approval, sufficient information on the 221 89990 1000; email ADs@ 26–09, Amendment 39–18357 (81 FR integrated campaign design so as to easa.europa.eu; internet 1483, January 13, 2016) (‘‘AD 2015–26– ensure operation duration, quality, and www.easa.europa.eu. You may find this 09’’); for all ATR–GIE Avions de quantity specifications are met and IBR material on the EASA website at Transport Re´gional Model ATR42–200, incorporated into the final design https://ad.easa.europa.eu. You may –300, and –320 airplanes only. The criteria for the commercial facility. view this IBR material at the FAA, NPRM also proposed to terminate all * * * * * Airworthiness Products Section, requirements of AD 2018–18–05, which Operational Safety Branch, 2200 South specified that accomplishing the Bette B. Brand, 216th St., Des Moines, WA. For revision required by paragraph (g) of Deputy Under Secretary, Rural Development. information on the availability of this that AD terminated all requirements of [FR Doc. 2020–08078 Filed 5–15–20; 8:45 am] material at the FAA, call 206–231–3195. AD 2000–17–09; AD 2008–04–19 R1; BILLING CODE 3410–XY–P It is also available in the AD docket on and AD 2015–26–09; for ATR–GIE

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Avions de Transport Re´gional Model • Do not add any additional burden Regulatory Findings ATR42–200, –300, and –320 airplanes upon the public than was already This AD will not have federalism only. The NPRM published in the proposed in the NPRM. implications under Executive Order Federal Register on February 28, 2020 The FAA also determined that these 13132. This AD will not have a (85 FR 11876). The NPRM was changes will not increase the economic substantial direct effect on the States, on prompted by a determination that new burden on any operator or increase the the relationship between the national or more restrictive airworthiness scope of this final rule. government and the States, or on the limitations are necessary. The NPRM distribution of power and proposed to revise the existing Related IBR Material Under 1 CFR Part responsibilities among the various maintenance or inspection program, as 51 levels of government. applicable, to incorporate new or more EASA AD 2019–0256 describes new For the reasons discussed above, I restrictive airworthiness limitations, as certify that this AD: and more restrictive airworthiness specified in an EASA AD. (1) Is not a ‘‘significant regulatory limitations for airplane structure and The FAA is issuing this AD to address action’’ under Executive Order 12866, systems. This material is reasonably (2) Will not affect intrastate aviation reduced structural integrity of the available because the interested parties airplane. See the MCAI for additional in Alaska, and have access to it through their normal background information. (3) Will not have a significant course of business or by the means economic impact, positive or negative, Comments identified in the ADDRESSES section. on a substantial number of small entities The FAA gave the public the Costs of Compliance under the criteria of the Regulatory opportunity to participate in developing Flexibility Act. this final rule. The FAA received no The FAA estimates that this AD List of Subjects in 14 CFR Part 39 affects 33 airplanes of U.S. registry. The comments on the NPRM or on the Air transportation, Aircraft, Aviation determination of the cost to the public. FAA estimates the following costs to comply with this AD: safety, Incorporation by reference, Clarification of Paragraph (k) of This Safety. The FAA has determined that revising AD the maintenance or inspection program Adoption of the Amendment Once a maintenance or inspection takes an average of 90 work-hours per Accordingly, under the authority program is revised as required by operator, although the agency delegated to me by the Administrator, paragraph (g) of this AD, paragraph (i) recognizes that this number may vary the FAA amends 14 CFR part 39 as of this AD does not allow for the later from operator to operator. In the past, follows: use of alternative actions, intervals, or the agency has estimated that this action Critical Design Configuration Control takes 1 work-hour per airplane. Since PART 39—AIRWORTHINESS Limitations (CDCCLs) unless these operators incorporate maintenance or DIRECTIVES alternative actions, intervals, or CDCCLs inspection program changes for their ■ 1. The authority citation for part 39 are approved as specified in the ‘‘Ref. affected fleet(s), the FAA has continues to read as follows: Publications’’ section of EASA AD determined that a per-operator estimate 2019–0256. In paragraph (i) of the is more accurate than a per-airplane Authority: 49 U.S.C. 106(g), 40113, 44701. estimate. Therefore, the agency proposed AD, the FAA proposed § 39.13 [Amended] language using the word ‘‘except.’’ To estimates the average total cost per make the language consistent with the operator to be $7,650 (90 work-hours × ■ 2. The FAA amends § 39.13 by: ■ language in the ‘‘Ref. Publications’’ $85 per work-hour). a. Removing Airworthiness Directive section of EASA AD 2019–0256, the (AD) 2000–17–09, Amendment 39– Authority for This Rulemaking FAA has changed the wording in 11883 (65 FR 53897, September 6, 2000); AD 2008–04–19 R1, Amendment paragraph (i) of this AD to ‘‘unless they Title 49 of the United States Code are approved.’’ 39–16069 (74 FR 56713, November 3, specifies the FAA’s authority to issue 2009); and AD 2015–26–09, Explanation of Change to the Costs of rules on aviation safety. Subtitle I, Amendment 39–18357 (81 FR 1483, Compliance Section section 106, describes the authority of January 13, 2016); and the FAA Administrator. Subtitle VII: ■ b. Adding the following new AD: In the NPRM, the Costs of Compliance Aviation Programs, describes in more section inadvertently included 2020–09–16 GIE Avions de Transport detail the scope of the Agency’s ´ information for retained actions from Regional: Amendment 39–19912; Docket authority. No. FAA–2020–0102; Product Identifier AD 2018–18–05. Since this AD does not The FAA is issuing this rulemaking 2019–NM–184–AD. include any retained actions, the FAA under the authority described in (a) Effective Date has removed that information. Subtitle VII, Part A, Subpart III, Section This AD is effective June 22, 2020. Conclusion 44701: ‘‘General requirements.’’ Under that section, Congress charges the FAA (b) Affected ADs The FAA reviewed the relevant data with promoting safe flight of civil (1) This AD replaces the ADs identified in and determined that air safety and the aircraft in air commerce by prescribing paragraphs (b)(1)(i) through (iii) of this AD. public interest require adopting this regulations for practices, methods, and (i) AD 2000–17–09, Amendment 39–11883 final rule with the change described procedures the Administrator finds (65 FR 53897, September 6, 2000) (‘‘AD previously and minor editorial changes. necessary for safety in air commerce. 2000–17–09’’). The FAA has determined that these This regulation is within the scope of (ii) AD 2008–04–19 R1, Amendment 39– 16069 (74 FR 56713, November 3, 2009) (‘‘AD minor changes: that authority because it addresses an • 2008–04–19 R1’’). Are consistent with the intent that unsafe condition that is likely to exist or (iii) AD 2015–26–09, Amendment 39– was proposed in the NPRM for develop on products identified in this 18357 (81 FR 1483, January 13, 2016) (‘‘AD addressing the unsafe condition; and rulemaking action. 2015–26–09’’).

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(2) This AD affects AD 2018–18–05, (j) Terminating Action for AD 2018–18–05 (3) The following service information was Amendment 39–19384 (83 FR 44463, August Accomplishing the maintenance or approved for IBR on June 22, 2020. 31, 2018) (‘‘AD 2018–18–05’’). inspection program revision required by (i) European Union Aviation Safety Agency (EASA) AD 2019–0256, dated October 17, (c) Applicability paragraph (g) of this AD terminates the requirements of AD 2018–18–05. 2019. This AD applies to all ATR–GIE Avions de (ii) [Reserved] Transport Re´gional Model ATR42–200, –300, (k) Other FAA AD Provisions (4) For information about EASA AD 2019– and –320 airplanes, certificated in any The following provisions also apply to this 0256, contact the EASA, Konrad-Adenauer- category. AD: Ufer 3, 50668 Cologne, Germany; telephone (1) Alternative Methods of Compliance +49 221 89990 6017; email ADs@ (d) Subject (AMOCs): The Manager, Large Aircraft easa.europa.eu; internet Air Transport Association (ATA) of Section, International Validation Branch, www.easa.europa.eu. You may find this America Code 05, Time Limits/Maintenance FAA, has the authority to approve AMOCs EASA AD on the EASA website at https:// Checks. for this AD, if requested using the procedures ad.easa.europa.eu. found in 14 CFR 39.19. In accordance with (5) You may view this material at the FAA, (e) Reason 14 CFR 39.19, send your request to your Airworthiness Products Section, Operational This AD was prompted by a determination principal inspector or local Flight Standards Safety Branch, 2200 South 216th St., Des that new or more restrictive airworthiness District Office, as appropriate. If sending Moines, WA. For information on the limitations are necessary. The FAA is issuing information directly to the Large Aircraft availability of this material at the FAA, call this AD to address reduced structural Section, International Validation Branch, 206–231–3195. This material may be found integrity of the airplane. send it to the attention of the person in the AD docket on the internet at https:// identified in paragraph (l) of this AD. www.regulations.gov by searching for and (f) Compliance Information may be emailed to: 9-ANM-116- locating Docket No. FAA–2020–0102. Comply with this AD within the [email protected]. Before using (6) You may view this material that is compliance times specified, unless already any approved AMOC, notify your appropriate incorporated by reference at the National done. principal inspector, or lacking a principal Archives and Records Administration inspector, the manager of the local flight (g) Requirements (NARA). For information on the availability standards district office/certificate holding of this material at NARA, email fedreg.legal@ Except as specified in paragraph (h) of this district office. nara.gov, or go to: https://www.archives.gov/ AD: Comply with all required actions and (2) Contacting the Manufacturer: For any federal-register/cfr/ibr-locations.html. compliance times specified in, and in requirement in this AD to obtain instructions accordance with, European Union Aviation from a manufacturer, the instructions must Issued on May 8, 2020. Safety Agency (EASA) AD 2019–0256, dated be accomplished using a method approved Lance T. Gant, October 17, 2019 (‘‘EASA AD 2019–0256’’). by the Manager, Large Aircraft Section, Director, Compliance & Airworthiness International Validation Branch, FAA; or Division, Aircraft Certification Service. (h) Exceptions to EASA AD 2019–0256 EASA; or ATR–GIE Avions de Transport [FR Doc. 2020–10627 Filed 5–15–20; 8:45 am] (1) The requirements specified in Re´gional’s EASA Design Organization paragraphs (1) and (3) of EASA AD 2019– Approval (DOA). If approved by the DOA, BILLING CODE 4910–13–P 0256 do not apply to this AD. the approval must include the DOA- (2) Where paragraph (2) of EASA AD 2019– authorized signature. 0256 refers to its effective date, this AD (3) Required for Compliance (RC): For any DEPARTMENT OF TRANSPORTATION requires using the effective date of this AD. service information referenced in EASA AD (3) Paragraph (4) of EASA AD 2019–0256 2019–0256 that contains RC procedures and Federal Aviation Administration specifies revising ‘‘the approved AMP’’ tests: Except as required by paragraph (k)(2) within 12 months after its effective date, but of this AD, RC procedures and tests must be 14 CFR Part 39 done to comply with this AD; any procedures this AD requires revising the existing or tests that are not identified as RC are [Docket No. FAA–2019–1072; Product maintenance or inspection program, as recommended. Those procedures and tests Identifier 2019–NM–181–AD; Amendment applicable, to incorporate the ‘‘limitations, that are not identified as RC may be deviated 39–19888; AD 2020–06–19] tasks and associated thresholds and from using accepted methods in accordance intervals’’ specified in paragraph (4) of EASA with the operator’s maintenance or RIN 2120–AA64 AD 2019–0256 within 90 days after the inspection program without obtaining effective date of this AD. approval of an AMOC, provided the Airworthiness Directives; The Boeing (4) The initial compliance time for doing procedures and tests identified as RC can be Company Airplanes the tasks specified in paragraph (4) of EASA done and the airplane can be put back in an AD 2019–0256 is at the applicable airworthy condition. Any substitutions or AGENCY: Federal Aviation ‘‘associated thresholds’’ specified in changes to procedures or tests identified as Administration (FAA), DOT. paragraph (4) of EASA AD 2019–0256, or RC require approval of an AMOC. ACTION: Final rule. within 90 days after the effective date of this AD, whichever occurs later. (l) Related Information SUMMARY: The FAA is adopting a new (5) The provisions specified in paragraphs For more information about this AD, airworthiness directive (AD) for certain (5) and (6) of EASA AD 2019–0256 do not contact Shahram Daneshmandi, Aerospace The Boeing Company Model 727, 727C, apply to this AD. Engineer, Large Aircraft Section, 727–100, 727–100C, 727–200, and 727– (6) The ‘‘Remarks’’ section of EASA AD International Validation Branch, FAA, 2200 2019–0256 does not apply to this AD. South 216th St., Des Moines, WA 98198; 200F series airplanes. This AD was telephone and fax 206–231–3220; email prompted by reports of nuisance stick (i) Provisions for Alternative Actions, [email protected]. shaker activation while the airplane Intervals, and Critical Design Configuration accelerated to cruise speed at the top of Control Limitations (CDCCLs) (m) Material Incorporated by Reference climb. This AD was also prompted by After the maintenance or inspection (1) The Director of the Federal Register an investigation of those reports that program has been revised as required by approved the incorporation by reference revealed that the angle of attack (AOA) paragraph (g) of this AD, no alternative (IBR) of the service information listed in this actions (e.g., inspections), intervals, and paragraph under 5 U.S.C. 552(a) and 1 CFR (also known as angle of airflow) sensor CDCCLs are allowed unless they are part 51. vanes could not prevent the build-up of approved as specified in the provisions of the (2) You must use this service information ice, causing the AOA sensor vanes to ‘‘Ref. Publications’’ section of EASA AD as applicable to do the actions required by become immobilized, which resulted in 2019–0256. this AD, unless this AD specifies otherwise. nuisance stick shaker activation. This

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AD requires a general visual inspection apply to certain The Boeing Company that the compliance time, as proposed, of the AOA sensors for certain AOA Model 727, 727C, 727–100, 727–100C, represents an appropriate interval of sensors, and replacement of affected 727–200, and 727–200F series airplanes. time in which the required actions can AOA sensors. The FAA is issuing this The NPRM published in the Federal be performed in a timely manner within AD to address the unsafe condition on Register on January 17, 2020 (85 FR the affected fleet, while still maintaining these products. 2914). The NPRM was prompted by an adequate level of safety. In DATES: This AD is effective June 22, reports of nuisance stick shaker developing an appropriate compliance 2020. activation while the airplane accelerated time, the FAA considered the safety The Director of the Federal Register to cruise speed at the top of climb. The implications, parts availability, and approved the incorporation by reference NPRM was also prompted by an normal maintenance schedules for of a certain publication listed in this AD investigation of those reports that timely accomplishment of the as of February 3, 2020 (84 FR 71778, revealed that the AOA sensor vanes inspection and applicable replacements. December 30, 2019). could not prevent the build-up of ice, Furthermore, other models affected by ADDRESSES: For service information causing the AOA sensor vanes to this unsafe condition are subject to AD identified in this final rule, contact become immobilized, which resulted in 2019–24–18, Amendment 39–21007 (84 Boeing Commercial Airplanes, nuisance stick shaker activation. The FR 71778, December 30, 2019) (‘‘AD Attention: Contractual & Data Services NPRM proposed to require a general 2019–24–18’’), which requires (C&DS), 2600 Westminster Blvd., MC visual inspection of the AOA sensors for compliance within 36 months or at the 110–SK57, Seal Beach, CA 90740–5600; certain AOA sensors, and replacement applicable time specified in the telephone 562–797–1717; internet of affected AOA sensors. applicable service information, https://www.myboeingfleet.com. You The FAA is issuing this AD to address whichever occurs first. The compliance may view this service information at the ice buildup in the AOA sensor faceplate time in AD 2019–24–18 is consistent FAA, Transport Standards Branch, 2200 and vane, which may immobilize the with the compliance time in this AD. South 216th St., Des Moines, WA. For AOA sensor vanes, and could result in The FAA has not changed the AD in this information on the availability of this inaccurate or unreliable AOA sensor regard. material at the FAA, call 206–231–3195. data being transmitted to airplane Conclusion It is also available on the internet at systems and consequent loss of https://www.regulations.gov by controllability of the airplane. The FAA reviewed the relevant data, searching for and locating Docket No. Comments considered the comments received, and FAA–2019–1072. determined that air safety and the The FAA gave the public the Examining the AD Docket public interest require adopting this opportunity to participate in developing final rule as proposed, except for minor You may examine the AD docket on this final rule. The following presents editorial changes. The FAA has the internet at https:// the comments received on the NPRM determined that these minor changes: www.regulations.gov by searching for and the FAA’s response to each • Are consistent with the intent that and locating Docket No. FAA–2019– comment. Boeing, Richard Rodriguez, was proposed in the NPRM for 1072; or in person at Docket Operations and Shaun Felix indicated support for addressing the unsafe condition; and between 9 a.m. and 5 p.m., Monday the NPRM. through Friday, except Federal holidays. • Do not add any additional burden The AD docket contains this final rule, Request To Reduce the Compliance upon the public than was already the regulatory evaluation, any Time proposed in the NPRM. comments received, and other An anonymous commenter supported Related Service Information Under 1 information. The address for Docket the intent of the NPRM, but the FAA CFR Part 51 Operations is U.S. Department of infers that the commenter requests that Transportation, Docket Operations, M– the FAA reduce the proposed The FAA reviewed Boeing Alert 30, West Building Ground Floor, Room compliance time from 2,750 flight hours Service Bulletin 727–34A0247, Revision W12–140, 1200 New Jersey Avenue SE, or 36 months, whichever occurs first, to 1, dated October 1, 2019, which the Washington, DC 20590. 12 months. The commenter stated the Director of the Federal Register FOR FURTHER INFORMATION CONTACT: time period feels too slow. The approved for incorporation by reference Jeffrey W. Palmer, Aerospace Engineer, commenter also stated repairing a piece as of February 3, 2020 (84 FR 71778, Systems and Equipment Section, FAA, of technology from 1963 in 12 months December 30, 2019). This service Los Angeles ACO Branch, 3960 should not be insurmountable. Richard information is reasonably available Paramount Boulevard, Lakewood, CA Rodriguez also commented that the because the interested parties have 90712–4137; phone: 562–627–5351; fax: compliance time is excessive compared access to it through their normal course 562–627–5210; email: to the 12-month compliance time for of business or by the means identified [email protected]. other models. The FAA infers the in the ADDRESSES section. SUPPLEMENTARY INFORMATION: commenter is requesting the compliance Costs of Compliance time be shortened to 12 months. Discussion The FAA does not agree with the The FAA estimates that this AD The FAA issued a notice of proposed request to shorten the compliance time. affects 1 airplane of U.S. registry. The rulemaking (NPRM) to amend 14 CFR After considering all the available FAA estimates the following costs to part 39 by adding an AD that would information, the FAA has determined comply with this AD:

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ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Inspection ...... 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... $85. Replacement ...... Up to 3 work-hours × $85 per hour = Up to Up to $54,000 ...... Up to $54,255 ...... Up to $54,255. $255.

Authority for This Rulemaking PART 39—AIRWORTHINESS Alert Service Bulletin 727–34A0247, DIRECTIVES Revision 1, dated October 1, 2019, whichever Title 49 of the United States Code occurs first, do all applicable actions specifies the FAA’s authority to issue ■ 1. The authority citation for part 39 identified as ‘‘RC’’ (required for compliance) rules on aviation safety. Subtitle I, continues to read as follows: in, and in accordance with, the section 106, describes the authority of Accomplishment Instructions of Boeing Alert the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. Service Bulletin 727–34A0247, Revision 1, dated October 1, 2019. Aviation Programs, describes in more § 39.13 [Amended] detail the scope of the Agency’s (h) Exceptions to Service Information ■ authority. 2. The FAA amends § 39.13 by adding Specifications the following new airworthiness Where Boeing Alert Service Bulletin 727– The FAA is issuing this rulemaking directive (AD): under the authority described in 34A0247, Revision 1, dated October 1, 2019, Subtitle VII, Part A, Subpart III, Section 2020–06–19 The Boeing Company: uses the phrase ‘‘the original issue date of 44701: ‘‘General requirements.’’ Under Amendment 39–19888; Docket No. this service bulletin,’’ this AD requires using ‘‘the effective date of this AD.’’ that section, Congress charges the FAA FAA–2019–1072; Product Identifier 2019–NM–181–AD. with promoting safe flight of civil (i) Credit for Previous Actions aircraft in air commerce by prescribing (a) Effective Date This paragraph provides credit for the regulations for practices, methods, and This AD is effective June 22, 2020. actions specified in paragraph (g) of this AD, procedures the Administrator finds if those actions were performed before the (b) Affected ADs necessary for safety in air commerce. effective date of this AD using Boeing Alert This regulation is within the scope of None. Service Bulletin 727–34A0247, dated January 2, 2019. that authority because it addresses an (c) Applicability unsafe condition that is likely to exist or This AD applies to The Boeing Company (j) Alternative Methods of Compliance develop on products identified in this Model 727, 727C, 727–100, 727–100C, 727– (AMOCs) rulemaking action. 200, and 727–200F series airplanes, (1) The Manager, Los Angeles ACO Branch, certificated in any category, variable numbers FAA, has the authority to approve AMOCs Regulatory Findings QB065, QD191, QD192, QD402, QD403, for this AD, if requested using the procedures QD407, and QD410. found in 14 CFR 39.19. In accordance with This AD will not have federalism 14 CFR 39.19, send your request to your implications under Executive Order (d) Subject principal inspector or local Flight Standards 13132. This AD will not have a Air Transport Association (ATA) of District Office, as appropriate. If sending substantial direct effect on the States, on America Code 34, Navigation. information directly to the manager of the the relationship between the national certification office, send it to the attention of government and the States, or on the (e) Unsafe Condition the person identified in paragraph (k)(1) of distribution of power and This AD was prompted by reports of this AD. Information may be emailed to: 9- responsibilities among the various nuisance stick shaker activation while the [email protected]. levels of government. airplane accelerated to cruise speed at the top (2) Before using any approved AMOC, of climb. This AD was also prompted by an notify your appropriate principal inspector, For the reasons discussed above, I investigation of those reports that revealed or lacking a principal inspector, the manager certify that this AD: that the angle of attack (AOA) (also known of the local flight standards district office/ (1) Is not a ‘‘significant regulatory as angle of airflow) sensor vanes could not certificate holding district office. action’’ under Executive Order 12866, prevent the build-up of ice, causing the AOA (3) An AMOC that provides an acceptable sensor vanes to become immobilized, which level of safety may be used for any repair, (2) Will not affect intrastate aviation resulted in nuisance stick shaker activation. modification, or alteration required by this in Alaska, and The FAA is issuing this AD to address ice AD if it is approved by The Boeing Company (3) Will not have a significant buildup in the AOA sensor faceplate and Organization Designation Authorization economic impact, positive or negative, vane, which may immobilize the AOA sensor (ODA) that has been authorized by the on a substantial number of small entities vanes, and could result in inaccurate or Manager, Los Angeles ACO Branch, FAA, to under the criteria of the Regulatory unreliable AOA sensor data being make those findings. To be approved, the repair method, modification deviation, or Flexibility Act. transmitted to airplane systems and consequent loss of controllability of the alteration deviation must meet the List of Subjects in 14 CFR Part 39 airplane. certification basis of the airplane, and the approval must specifically refer to this AD. Air transportation, Aircraft, Aviation (f) Compliance (4) Except as specified by paragraph (h) of safety, Incorporation by reference, Comply with this AD within the this AD: For service information that Safety. compliance times specified, unless already contains steps that are labeled as Required done. for Compliance (RC), the provisions of Adoption of the Amendment paragraphs (j)(4)(i) and (ii) of this AD apply. (g) Required Actions (i) The steps labeled as RC, including Accordingly, under the authority Except as specified in paragraph (h) of this substeps under an RC step and any figures delegated to me by the Administrator, AD: Within 36 months after the effective date identified in an RC step, must be done to the FAA amends 14 CFR part 39 as of this AD or at the applicable times specified comply with the AD. If a step or substep is follows: in paragraph 1.E., ‘‘Compliance,’’ of Boeing labeled ‘‘RC Exempt,’’ then the RC

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requirement is removed from that step or DEPARTMENT OF TRANSPORTATION 0090; or in person at Docket Operations substep. An AMOC is required for any between 9 a.m. and 5 p.m., Monday deviations to RC steps, including substeps Federal Aviation Administration through Friday, except Federal holidays. and identified figures. The AD docket contains this final rule, (ii) Steps not labeled as RC may be 14 CFR Part 39 any comments received, and other deviated from using accepted methods in [Docket No. FAA–2020–0090; Product information. The address for Docket accordance with the operator’s maintenance Identifier 2019–NM–196–AD; Amendment Operations is U.S. Department of or inspection program without obtaining 39–19909; AD 2020–09–13] Transportation, Docket Operations, M– approval of an AMOC, provided the RC steps, 30, West Building Ground Floor, Room including substeps and identified figures, can RIN 2120–AA64 W12–140, 1200 New Jersey Avenue SE, still be done as specified, and the airplane Washington, DC 20590. can be put back in an airworthy condition. Airworthiness Directives; 328 Support Services GmbH (Type Certificate FOR FURTHER INFORMATION CONTACT: (k) Related Information Previously Held by AvCraft Aerospace Todd Thompson, Aerospace Engineer, Large Aircraft Section, International (1) For more information about this AD, GmbH; Fairchild Dornier GmbH; Validation Branch, FAA, 2200 South contact Jeffrey W. Palmer, Aerospace Dornier Luftfahrt GmbH) Airplanes Engineer, Systems and Equipment Section, 216th St., Des Moines, WA 98198; AGENCY: FAA, Los Angeles ACO Branch, 3960 Federal Aviation phone and fax: 206–231–3228; email: Paramount Boulevard, Lakewood, CA 90712– Administration (FAA), Department of [email protected]. 4137; phone: 562–627–5351; fax: 562–627– Transportation (DOT). SUPPLEMENTARY INFORMATION: 5210; email: [email protected]. ACTION: Final rule. Discussion (2) Service information identified in this AD that is not incorporated by reference is SUMMARY: The FAA is adopting a new The EASA, which is the Technical available at the addresses specified in airworthiness directive (AD) for all 328 Agent for the Member States of the paragraphs (l)(4) and (5) of this AD. Support Services GmbH Model 328–300 European Union, has issued EASA AD airplanes. This AD was prompted by a 2019–0271, dated October 30, 2019 (l) Material Incorporated by Reference determination that new or more (‘‘EASA AD 2019–0271’’) (referred to (1) The Director of the Federal Register restrictive airworthiness limitations are after this as the Mandatory Continuing approved the incorporation by reference necessary. This AD requires revising the Airworthiness Information, or ‘‘the (IBR) of the service information listed in this existing maintenance or inspection MCAI’’), to correct an unsafe condition paragraph under 5 U.S.C. 552(a) and 1 CFR program, as applicable, to incorporate for all 328 Support Services GmbH part 51. new or more restrictive airworthiness Model 328–300 airplanes. (2) You must use this service information limitations, as specified in a European The FAA issued a notice of proposed as applicable to do the actions required by Union Aviation Safety Agency (EASA) rulemaking (NPRM) to amend 14 CFR this AD, unless this AD specifies otherwise. AD, which is incorporated by reference. part 39 by adding an AD that would (3) The following service information was The FAA is issuing this AD to address apply to all 328 Support Services GmbH approved for IBR on February 3, 2020 (84 FR the unsafe condition on these products. Model 328–300 airplanes. The NPRM published in the Federal Register on 71778, December 30, 2019). DATES: This AD is effective June 22, (i) Boeing Alert Service Bulletin 727– 2020. February 12, 2020 (85 FR 7897). The 34A0247, Revision 1, dated October 1, 2019. The Director of the Federal Register NPRM was prompted by a (ii) [Reserved] approved the incorporation by reference determination that new or more (4) For service information identified in of a certain publication listed in this AD restrictive airworthiness limitations are this AD, contact Boeing Commercial as of June 22, 2020. necessary. The NPRM proposed to Airplanes, Attention: Contractual & Data require revising the existing Services (C&DS), 2600 Westminster Blvd., ADDRESSES: For material incorporated maintenance or inspection program, as MC 110–SK57, Seal Beach, CA 90740–5600; by reference (IBR) in this AD, contact applicable, to incorporate new or more telephone 562–797–1717; internet https:// the EASA, Konrad-Adenauer-Ufer 3, restrictive airworthiness limitations, as www.myboeingfleet.com. 50668 Cologne, Germany; phone: +49 specified in an EASA AD. (5) You may view this service information 221 89990 1000; email: ADs@ The FAA is issuing this AD to address at the FAA, Transport Standards Branch, easa.europa.eu; internet: the potential failure of parts, which 2200 South 216th St., Des Moines, WA. For www.easa.europa.eu. You may find this could lead to reduced control of the information on the availability of this IBR material on the EASA website at airplane; and to address the potential of material at the FAA, call 206–231–3195. https://ad.easa.europa.eu. You may ignition sources inside fuel tanks, (6) You may view this service information view this IBR material at the FAA, which, in combination with flammable that is incorporated by reference at the Airworthiness Products Section, fuel vapors, could result in fuel tank National Archives and Records Operational Safety Branch, 2200 South explosions and consequent loss of the Administration (NARA). For information on 216th St., Des Moines, WA. For airplane. See the MCAI for additional the availability of this material at NARA, information on the availability of this background information. email [email protected], or go to: https:// material at the FAA, call 206–231–3195. www.archives.gov/federal-register/cfr/ibr- It is also available in the AD docket on Comments locations.html. the internet at https:// The FAA gave the public the Issued on March 27, 2020. www.regulations.gov by searching for opportunity to participate in developing and locating Docket No. FAA–2020– this final rule. The FAA received no Lance T. Gant, 0090. comments on the NPRM or on the Director, Compliance & Airworthiness determination of the cost to the public. Division, Aircraft Certification Service. Examining the AD Docket [FR Doc. 2020–10604 Filed 5–15–20; 8:45 am] You may examine the AD docket on Conclusion BILLING CODE 4910–13–P the internet at https:// The FAA reviewed the relevant data www.regulations.gov by searching for and determined that air safety and the and locating Docket No. FAA–2020– public interest require adopting this

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final rule as proposed, except for minor develop on products identified in this held by AvCraft Aerospace GmbH; Fairchild editorial changes. The FAA has rulemaking action. Dornier GmbH; Dornier Luftfahrt GmbH) determined that these minor changes: Model 328–300 airplanes, certificated in any Regulatory Findings category. • Are consistent with the intent that was proposed in the NPRM for This AD will not have federalism (d) Subject addressing the unsafe condition; and implications under Executive Order Air Transport Association (ATA) of • Do not add any additional burden 13132. This AD will not have a America Code 05, Time Limits/Maintenance upon the public than was already substantial direct effect on the States, on Checks. proposed in the NPRM. the relationship between the national (e) Reason government and the States, or on the This AD was prompted by a determination Related IBR Material Under 1 CFR Part distribution of power and that new or more restrictive airworthiness 51 responsibilities among the various limitations are necessary. The FAA is issuing levels of government. EASA AD 2019–0271 describes this AD to address the potential failure of For the reasons discussed above, I procedures for airworthiness limitations parts, which could lead to reduced control of certify that this AD: the airplane; and to address the potential of for certification maintenance (1) Is not a ‘‘significant regulatory ignition sources inside fuel tanks, which, in requirements that include, among other action’’ under Executive Order 12866, combination with flammable fuel vapors, items, safe life limits and fuel tank (2) Will not affect intrastate aviation could result in fuel tank explosions and system limitations. This material is consequent loss of the airplane. in Alaska, and reasonably available because the (3) Will not have a significant (f) Compliance interested parties have access to it economic impact, positive or negative, through their normal course of business Comply with this AD within the on a substantial number of small entities compliance times specified, unless already or by the means identified in the under the criteria of the Regulatory done. ADDRESSES section. Flexibility Act. (g) Requirements Costs of Compliance List of Subjects in 14 CFR Part 39 Except as specified in paragraph (h) of this The FAA estimates that this AD AD: Comply with all required actions and Air transportation, Aircraft, Aviation affects 21 airplanes of U.S. registry. The compliance times specified in, and in safety, Incorporation by reference, FAA estimates the following costs to accordance with, European Union Aviation Safety. Safety Agency (EASA) AD 2019–0271, dated comply with this AD: October 30, 2019 (‘‘EASA AD 2019–0271’’). The FAA has determined that revising Adoption of the Amendment (h) Exceptions to EASA AD 2019–0271 the maintenance or inspection program Accordingly, under the authority takes an average of 90 work-hours per delegated to me by the Administrator, (1) The requirements specified in paragraphs (1) and (2) of EASA AD 2019– operator, although the FAA recognizes the FAA amends 14 CFR part 39 as that this number may vary from operator 0271 do not apply to this AD. follows: (2) Where paragraph (3) of EASA AD 2019– to operator. In the past, the FAA has 0271 specifies a compliance time of ‘‘Within estimated that this action takes 1 work- PART 39—AIRWORTHINESS 12 months’’ after its effective date to ‘‘revise hour per airplane. Since operators DIRECTIVES the approved AMP,’’ this AD requires incorporate maintenance or inspection ‘‘revising the existing maintenance or program changes for their affected ■ 1. The authority citation for part 39 inspection program, as applicable,’’ to fleet(s), the FAA has determined that a continues to read as follows: incorporate the ‘‘limitations, tasks and associated thresholds and intervals,’’ per-operator estimate is more accurate Authority: 49 U.S.C. 106(g), 40113, 44701. than a per-airplane estimate. Therefore, specified in paragraph (3) of EASA AD 2019– 0271 within 90 days after the effective date the FAA estimates the total cost per § 39.13 [Amended] × of this AD. operator to be $7,650 (90 work-hours ■ 2. The FAA amends § 39.13 by adding (3) The initial compliance time for doing $85 per work-hour). the following new airworthiness the tasks specified in paragraph (3) of EASA directive (AD): AD 2019–0271 is at the applicable Authority for This Rulemaking ‘‘associated thresholds’’ specified in Title 49 of the United States Code 2020–09–13 328 Support Services GmbH paragraph (3) of EASA AD 2019–0271, or (Type Certificate previously held by within 90 days after the effective date of this specifies the FAA’s authority to issue AvCraft Aerospace GmbH; Fairchild rules on aviation safety. Subtitle I, AD, whichever occurs later. Dornier GmbH; Dornier Luftfahrt (4) The provisions specified in paragraphs section 106, describes the authority of GmbH): Amendment 39–19909; Docket (4) and (5) of EASA AD 2019–0271 do not the FAA Administrator. Subtitle VII: No. FAA–2020–0090; Product Identifier apply to this AD. Aviation Programs, describes in more 2019–NM–196–AD. (5) The ‘‘Remarks’’ section of EASA AD 2019–0271 does not apply to this AD. detail the scope of the Agency’s (a) Effective Date authority. This AD is effective June 22, 2020. (i) Provisions for Alternative Actions, The FAA is issuing this rulemaking Intervals, and Critical Design Configuration under the authority described in (b) Affected ADs Control Limitation (CDCCLs) Subtitle VII, Part A, Subpart III, Section This AD affects the ADs identified in After the existing maintenance or 44701: ‘‘General requirements.’’ Under paragraphs (b)(1) and (2) of this AD: inspection program has been revised as that section, Congress charges the FAA (1) AD 2009–01–06 R1, Amendment 39– required by paragraph (g) of this AD, no with promoting safe flight of civil 16082 (74 FR 57411, November 6, 2009) (‘‘AD alternative actions (e.g., inspections), aircraft in air commerce by prescribing 2009–01–06 R1’’). intervals, and CDCCLs are allowed except as regulations for practices, methods, and (2) AD 2012–01–08, Amendment 39–16920 specified in the provisions of the ‘‘Ref. procedures the Administrator finds (77 FR 3583, January 25, 2012) (‘‘AD 2012– Publications’’ section of EASA AD 2019– 01–08’’). necessary for safety in air commerce. 0271. This regulation is within the scope of (c) Applicability (j) Terminating Action for Other ADs that authority because it addresses an This AD applies to all 328 Support (1) Accomplishing the maintenance or unsafe condition that is likely to exist or Services GmbH (Type Certificate previously inspection program revision required by

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paragraph (g) of this AD terminates all in the AD docket on the internet at https:// The Rule requirements of AD 2009–01–06 R1. www.regulations.gov by searching for and (2) Accomplishing the maintenance or locating Docket No. FAA–2020–0090. The specified IFR altitudes, when inspection program revision required by (5) You may view this material that is used in conjunction with the prescribed paragraph (g) of this AD terminates all incorporated by reference at the National changeover points for those routes, requirements of AD 2012–01–08 for Model Archives and Records Administration ensure navigation aid coverage that is 328–300 airplanes only. (NARA). For information on the availability adequate for safe flight operations and (k) Other FAA AD Provisions of this material at NARA, email fedreg.legal@ free of frequency interference. The nara.gov, or go to: https://www.archives.gov/ The following provisions also apply to this federal-register/cfr/ibr-locations.html. reasons and circumstances that create AD: the need for this amendment involve (1) Alternative Methods of Compliance Issued on May 6, 2020. matters of flight safety and operational (AMOCs): The Manager, Large Aircraft Lance T. Gant, efficiency in the National Airspace Section, International Validation Branch, Director, Compliance & Airworthiness System, are related to published FAA, has the authority to approve AMOCs Division, Aircraft Certification Service. aeronautical charts that are essential to for this AD, if requested using the procedures [FR Doc. 2020–10631 Filed 5–15–20; 8:45 am] found in 14 CFR 39.19. In accordance with the user, and provide for the safe and 14 CFR 39.19, send your request to your BILLING CODE 4910–13–P efficient use of the navigable airspace. principal inspector or local Flight Standards In addition, those various reasons or District Office, as appropriate. If sending circumstances require making this information directly to the Large Aircraft DEPARTMENT OF TRANSPORTATION amendment effective before the next Section, International Validation Branch, scheduled charting and publication date send it to the attention of the person Federal Aviation Administration of the flight information to assure its identified in paragraph (l) of this AD. timely availability to the user. The Information may be emailed to: 9-ANM-116- 14 CFR Part 95 [email protected]. Before using effective date of this amendment reflects any approved AMOC, notify your appropriate [Docket No. 31309; Amdt. No. 552] those considerations. In view of the principal inspector, or lacking a principal close and immediate relationship inspector, the manager of the local flight IFR Altitudes; Miscellaneous between these regulatory changes and standards district office/certificate holding Amendments safety in air commerce, I find that notice district office. and public procedure before adopting (2) Contacting the Manufacturer: For any AGENCY: Federal Aviation Administration (FAA), DOT. this amendment are impracticable and requirement in this AD to obtain instructions contrary to the public interest and that from a manufacturer, the instructions must ACTION: Final rule. be accomplished using a method approved good cause exists for making the by the Manager, Large Aircraft Section, SUMMARY: This amendment adopts amendment effective in less than 30 International Validation Branch, FAA; or miscellaneous amendments to the days. EASA; or 328 Support Services GmbH’s required IFR (instrument flight rules) Conclusion EASA Design Organization Approval (DOA). altitudes and changeover points for If approved by the DOA, the approval must certain Federal airways, jet routes, or The FAA has determined that this include the DOA-authorized signature. direct routes for which a minimum or regulation only involves an established (l) Related Information maximum en route authorized IFR body of technical regulations for which For more information about this AD, altitude is prescribed. This regulatory frequent and routine amendments are contact Todd Thompson, Aerospace action is needed because of changes necessary to keep them operationally Engineer, Large Aircraft Section, occurring in the National Airspace current. It, therefore—(1) is not a International Validation Branch, FAA, 2200 System. These changes are designed to ‘‘significant regulatory action’’ under South 216th St., Des Moines, WA 98198; provide for the safe and efficient use of Executive Order 12866; (2) is not a phone and fax: 206–231–3228; email: the navigable airspace under instrument ‘‘significant rule’’ under DOT [email protected]. conditions in the affected areas. Regulatory Policies and Procedures (44 (m) Material Incorporated by Reference DATES: Effective date: 0901 UTC, May FR 11034; February 26, 1979); and (3) (1) The Director of the Federal Register 21, 2020. does not warrant preparation of a approved the incorporation by reference FOR FURTHER INFORMATION CONTACT: regulatory evaluation as the anticipated (IBR) of the service information listed in this Harry Hodges, Flight Procedure impact is so minimal. For the same paragraph under 5 U.S.C. 552(a) and 1 CFR reason, the FAA certifies that this part 51. Standards Branch (AMCAFS–420), Flight Technologies and Programs amendment will not have a significant (2) You must use this service information economic impact on a substantial as applicable to do the actions required by Division, Flight Standards Service, this AD, unless this AD specifies otherwise. Federal Aviation Administration, Mike number of small entities under the (i) European Union Aviation Safety Agency Monroney Aeronautical Center, 6500 criteria of the Regulatory Flexibility Act. (EASA) AD 2019–0271, dated October 30, South MacArthur Blvd., Oklahoma City, List of Subjects in 14 CFR Part 95 2019. OK 73169 (Mail Address: P.O. Box (ii) [Reserved] 25082, Oklahoma City, OK. 73125) Airspace, Navigation (air). (3) For information about EASA AD 2019– 0271, contact the EASA, Konrad-Adenauer- telephone: (405) 954–4164. Issued in Washington, DC on April 17, Ufer 3, 50668 Cologne, Germany; phone: +49 SUPPLEMENTARY INFORMATION: This 2020. 221 89990 6017; email: [email protected]; amendment to part 95 of the Federal Robert C. Carty, internet: www.easa.europa.eu. You may find Aviation Regulations (14 CFR part 95) Executive Deputy Director, Flight Standards this EASA AD on the EASA website at amends, suspends, or revokes IFR Service. https://ad.easa.europa.eu. altitudes governing the operation of all (4) You may view this material at the FAA, Adoption of the Amendment Airworthiness Products Section, Operational aircraft in flight over a specified route Safety Branch, 2200 South 216th St., Des or any portion of that route, as well as Accordingly, pursuant to the Moines, WA. For information on the the changeover points (COPs) for authority delegated to me by the availability of this material at the FAA, call Federal airways, jet routes, or direct Administrator, part 95 of the Federal 206–231–3195. This material may be found routes as prescribed in part 95. Aviation Regulations (14 CFR part 95) is

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amended as follows effective at 0901 Authority: 49 U.S.C. 106(g), 40103, 40106, ■ 2. Part 95 is amended to read as UTC, May 21, 2020. 40113, 40114, 40120, 44502, 44514, 44719, follows: ■ 1. The authority citation for part 95 44721. continues to read as follows:

REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT [Amendment 552 Effective Date May 21, 2020]

From To MEA MAA

§ 95.3000 Low Altitude RNAV Routes § 95.3285 RNAV Route T285 Is Amended To Read In Part

LKOTA, SD WP ...... LESNR, SD WP ...... 4300 17500 LESNR, SD WP ...... HURON, SD VORTAC ...... 4000 17500

§ 95.3356 RNAV Route T356 Is Added To Read

* WOOLY, MD FIX ...... DROSA, MD WP ...... 6000 17500 * 6000–MCA ...... WOOLY, MD FIX, SE BND. * 3100–MOCA. DROSA, MD WP ...... OBWON, MD WP ...... 6000 17500 * 2600–MOCA. OBWON, MD WP ...... SWANN, MD FIX ...... 6000 17500 * 1800–MOCA. SWANN, MD FIX ...... GATBY, MD FIX ...... 6000 17500 * 6000–MCA ...... GATBY, MD FIX, SW BND. * 1500–MOCA. GATBY, MD FIX ...... KERNO, MD FIX ...... 4000 17500 * 1400–MOCA. KERNO, MD FIX ...... ODESA, MD FIX ...... 4000 17500 * 1500–MOCA. ODESA, MD FIX ...... ELUDE, MD FIX ...... 4000 17500 * 4000–MCA ...... ELUDE, MD FIX, S BND. * 1800–MOCA.

§ 95.3358 RNAV Route T358 Is Added To Read

MARTINSBURG, WV VORTAC ...... CPTAL, MD WP ...... 5000 17500 * 3800–MOCA. CPTAL, MD WP ...... HOGZZ, MD WP ...... 5000 17500 * 4300–MOCA. HOGZZ, MD WP ...... MOYRR, MD WP ...... 5000 17500 * 3200–MOCA. MOYRR, MD WP ...... DANII, MD WP ...... 6000 17500 * 3100–MOCA. DANII, MD WP ...... OBWON, MD WP ...... 6000 17500 * 2600–MOCA. OBWON, MD WP ...... SWANN, MD FIX ...... 6000 17500 * 1800–MOCA. SWANN, MD FIX ...... GOLDA, MD FIX ...... 1800 17500 * 1500–MOCA. GOLDA, MD FIX ...... BROSS, MD FIX ...... 1800 17500 * 1500–MOCA. BROSS, MD FIX ...... SMYRNA, DE VORTAC ...... 1800 17500 * 1500–MOCA. SMYRNA, DE VORTAC ...... LEEAH, NJ FIX ...... 1800 17500 * 1400–MOCA. LEEAH, NJ FIX ...... AVALO, NJ FIX ...... 1800 17500 * 1600–MOCA.

§ 95.4000 High Altitude RNAV Routes § 95.4056 RNAV Route Q56 Is Amended To Read In Part

CATLN, AL FIX ...... KBLER, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. KBLER, GA WP ...... KELLN, SC WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4065 RNAV Route Q65 Is Amended By Adding

MGNTY, FL WP ...... DOFFY, FL WP ...... #* 18000 45000 * 18000–GNSS MEA.

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 552 Effective Date May 21, 2020]

From To MEA MAA

* DME/DME/IRU MEA.

Is Amended To Delete

KPASA, FL WP ...... DOFFY, FL WP ...... * 18000 45000 * GNSS REQUIRED.

§ 95.4075 RNAV Route Q75 Is Amended By Adding

GREENSBORO, NC VORTAC ...... BROSK, NC WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. BROSK, NC WP ...... DRAIK, VA FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. DRAIK, VA FIX ...... GORDONSVILLE, VA VORTAC ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. GORDONSVILLE, VA VORTAC ...... HAMMZ, VA WP ...... #* 20000 45000 * 20000–GNSS MEA. * DME/DME/IRU MEA. HAMMZ, VA WP ...... TOOBN, MD WP ...... #* 20000 45000 * 20000–GNSS MEA. * DME/DME/IRU MEA. TOOBN, MD WP ...... MURPH, MD FIX ...... #* 20000 45000 * 20000–GNSS MEA. * DME/DME/IRU MEA. MURPH, MD FIX ...... SACRI, MD FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. SACRI, MD FIX ...... STOEN, PA FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. STOEN, PA FIX ...... MODENA, PA VORTAC ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. MODENA, PA VORTAC ...... COPES, PA FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. COPES, PA FIX ...... BIGGY, NJ FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. BIGGY, NJ FIX ...... SOLBERG, NJ VOR/DME ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. SOLBERG, NJ VOR/DME ...... JERSY, NJ FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. JERSY, NJ FIX ...... DUEYS, NY FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. DUEYS, NY FIX ...... BIZEX, NY WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. BIZEX, NY WP ...... GREKI, CT FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. GREKI, CT FIX ...... NELIE, CT FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. NELIE, CT FIX ...... SWALO, MA FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. SWALO, MA FIX ...... BOSTON, MA VOR/DME ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. BOSTON, MA VOR/DME ...... COPLY, MA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 552 Effective Date May 21, 2020]

From To MEA MAA

§ 95.4077 RNAV Route Q77 Is Amended To Read In Part

WAKKO, FL WP ...... MJAMS, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4079 RNAV Route Q79 Is Amended To Read In Part

DOFFY, FL WP ...... EVANZ, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. EVANZ, FL WP ...... IISLY, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. IISLY, GA WP ...... YUESS, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4081 RNAV Route Q81 Is Amended To Read In Part

FARLU, FL WP ...... MGNTY, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. MGNTY, FL WP ...... ENDEW, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. NICKI, FL WP ...... SNAPY, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. SNAPY, FL WP ...... BULZI, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. BULZI, FL WP ...... IPOKE, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. IPOKE, GA WP ...... HONID, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4085 RNAV Route Q85 Is Amended To Read In Part

LPERD, FL WP ...... BEEGE, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. BEEGE, GA WP ...... GIPPL, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4093 RNAV Route Q93 Is Amended To Read In Part

GIPPL, GA WP ...... SUSYQ, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. SUSYQ, GA WP ...... ISUZO, GA WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. ISUZO, GA WP ...... GURGE, SC WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. GURGE, SC WP ...... FISHO, SC WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4099 RNAV Route Q99 Is Amended By Adding

KPASA, FL WP ...... DOFFY, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4109 RNAV Route Q109 Is Amended By Adding

KNOST, OG WP ...... DEANR, FL WP ...... #* 18000 45000

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REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 552 Effective Date May 21, 2020]

From To MEA MAA

* 18000–GNSS MEA. * DME/DME/IRU MEA. DEANR, FL WP ...... BRUTS, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. BRUTS, FL WP ...... EVANZ, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. EVANZ, FL WP ...... CAMJO, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

Is Amended To Delete

DOFFY, FL WP ...... CAMJO, FL WP ...... * 18000 45000 * GNSS REQUIRED.

§ 95.4116 RNAV Route Q116 Is Amended To Read In Part

MICES, FL WP ...... DEANR, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. DEANR, FL WP ...... PATOY, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4118 RNAV Route Q118 Is Amended To Read In Part

FEMID, FL WP ...... PEAKY, FL WP ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA.

§ 95.4475 RNAV Route Q475 Is Added To Read

COPLY, MA WP ...... SCUPP, OA FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. SCUPP, OA FIX ...... CANAL, MA FIX ...... #* 18000 45000 * 18000–GNSS MEA. * DME/DME/IRU MEA. CANAL, MA FIX ...... U.S. CANADIAN BORDER ...... * 18000 45000 * GNSS REQUIRED.

From To MEA

§ 95.6001 VICTOR Routes—U.S

§ 95.6005 VOR Federal Airway V5 Is Amended To Read In Part

CORCE, GA FIX ...... AWSON, GA FIX ...... * 5400 * 4600–MOCA. AWSON, GA FIX ...... * NELLO, GA FIX ...... * * 7000 * 7000–MCA ...... NELLO, GA FIX, E BND. * * 5500–MOCA.

§ 95.6007 VOR Federal Airway V7 Is Amended To Delete

PETTY, WI FIX ...... PROOT, WI FIX ...... # #UNUSABLE. PROOT, WI FIX ...... FALLS, WI VOR/DME ...... # #UNUSABLE. FALLS, WI VOR/DME ...... GREEN BAY, WI VORTAC ...... 3000

§ 95.6011 VOR Federal Airway V11 Is Amended To Read In Part

CUNNINGHAM, KY VOR/DME ...... POCKET CITY, IN VORTAC ...... 2600

§ 95.6018 VOR Federal Airway V18 Is Amended To Delete

VULCAN, AL VORTAC ...... TRUST, AL FIX ...... 3500 TRUST, AL FIX ...... TALLADEGA, AL VOR/DME ...... 3700 TALLADEGA, AL VOR/DME ...... ATLANTA, GA VORTAC ...... 4000

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From To MEA

ATLANTA, GA VORTAC ...... CONNI, GA FIX ...... * 3000 * 2500–MOCA. CONNI, GA FIX ...... MADDI, GA FIX ...... * 4000 * 2300–MOCA. MADDI, GA FIX ...... CORVI, GA FIX ...... * 5000 * 2000–MOCA. CORVI, GA FIX ...... RAFFE, GA WP ...... * 6000 * 2200–MOCA. RAFFE, GA WP ...... COLLIERS, SC VORTAC ...... * 2500 * 2000–MOCA.

§ 95.6047 VOR Federal Airway V47 Is Amended To Read In Part

CUNNINGHAM, KY VOR/DME ...... POCKET CITY, IN VORTAC ...... 2600

§ 95.6049 VOR Federal Airway V49 Is Amended To Read In Part

VULCAN, AL VORTAC ...... FOLSO, AL FIX ...... 3100 FOLSO, AL FIX ...... MASHA, AL FIX. * 2400–MOCA ...... N BND ...... * 3000 ...... S BND ...... * 3100 MASHA, AL FIX ...... DECATUR, AL VOR/DME ...... * 3000 * 2300–MOCA.

§ 95.6056 VOR Federal Airway V56 Is Amended To Delete

MERIDIAN, MS VORTAC ...... KEWANEE, MS VORTAC ...... 2000 KEWANEE, MS VORTAC ...... MONTGOMERY, AL VORTAC ...... * 5500 * 2300–MOCA.

§ 95.6071 VOR Federal Airway V71 Is Amended To Delete

O’NEILL, NE VORTAC ...... WINNER, SD VOR ...... 4000 WINNER, SD VOR ...... PIERRE, SD VORTAC ...... 4100

§ 95.6097 VOR Federal Airway V97 Is Amended To Read In Part

BAPPY, GA FIX ...... * NELLO, GA FIX ...... 5000 * 10000–MCA ...... NELLO, GA FIX, N BND. NELLO, GA FIX ...... MELLS, GA FIX ...... * 10000 * 6300–GNSS MEA.

§ 95.6159 VOR Federal Airway V159 Is Amended To Delete

VULCAN, AL VORTAC ...... HAMILTON, AL VORTAC ...... * 2600 * 2200–MOCA. HAMILTON, AL VORTAC ...... HOLLY SPRINGS, MS VORTAC ...... 2300

§ 95.6165 VOR Federal Airway V165 Is Amended To Delete

TULE, CA VOR/DME ...... DINUB, CA FIX ...... 3500 DINUB, CA FIX ...... SELMA, CA FIX. NW BND ...... 2500 SE BND ...... 3500 SELMA, CA FIX ...... * CLOVIS, CA VORTAC ...... 2000 * 4000–MCA CLOVIS, CA VORTAC, N BND. CLOVIS, CA VORTAC ...... * COGOL, CA FIX N BND ...... 6500 S BND ...... 5000 * 8500–MCA COGOL, CA FIX, N BND. COGOL, CA FIX ...... MARRI, CA FIX ...... #* 16000 * 13600–MOCA. # MEA IS ESTABLISHED WITH A GAP IN NAVIGATION SIG- NAL COVERAGE.

Is Amended To Read In Part

TULE, CA VOR/DME ...... EXTRA, CA FIX ...... 3500

§ 95.6175 VOR Federal Airway V175 Is Amended To Read In Part

OYENS, IA FIX ...... WORTHINGTON, MN VOR/DME ...... * 6000 * 3600–GNSS MEA.

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From To MEA

§ 95.6198 VOR Federal Airway V198 Is Amended To Read In Part

SEMINOLE, FL VORTAC ...... GREENVILLE, FL VORTAC ...... #2100 #GREENVILLE R–270 UNUSABLE USE SEMINOLE R–088.

§ 95.6209 VOR Federal Airway V209 Is Amended To Delete

SEMMES, AL VORTAC ...... JANES, AL WP ...... * 2300 * 1800–MOCA. * 2000–GNSS MEA. JANES, AL WP ...... KEWANEE, MS VORTAC ...... 2300 KEWANEE, MS VORTAC ...... BROOKWOOD, AL VORTAC ...... * 5000 * 2300–MOCA.

Is Added To Read

SEMMES, AL VORTAC ...... YARBO, AL FIX ...... * 3000 * 1800–MOCA. * 2000–GNSS MEA. EUTAW, AL FIX ...... BROOKWOOD, AL VORTAC ...... * 5000 2300–MOCA. 2500–GNSS MEA.

§ 95.6222 VOR Federal Airway V222 Is Amended To Read In Part

EATON, MS VORTAC ...... PICAN, MS FIX W BND ...... 2300 E BND ...... 3000

§ 95.6305 VOR Federal Airway V305 Is Amended To Read In Part

CUNNINGHAM, KY VOR/DME ...... POCKET CITY, IN VORTAC ...... 2600

§ 95.6311 VOR Federal Airway V311 Is Amended To Read In Part

DUBBS, TN FIX ...... MADOL, GA FIX ...... * 7000 * 6400–MOCA. MADOL, GA FIX ...... * NELLO, GA FIX ...... * * 8000 * 8000–MCA ...... NELLO, GA FIX, N BND. * 7000–MCA ...... NELLO, GA FIX, E BND. * * 6400–MOCA. NELLO, GA FIX ...... AWSON, GA FIX ...... * 7000 * 5500–MOCA. AWSON, GA FIX ...... CORCE, GA FIX ...... * 5400 * 4600–MOCA.

§ 95.6389 VOR Federal Airway V389 Is Amended To Read In Part

CIMARRON, NM VORTAC ...... * FOGLE, NM FIX ...... * * 11600 * 15600–MCA ...... FOGLE, NM FIX, N BND. * * 10700–MOCA.

§ 95.6413 VOR Federal Airway V413 Is Amended To Read In Part

GOPHER, MN VORTAC ...... BITLR, WI FIX ...... 3500

§ 95.6415 VOR Federal Airway V415 Is Amended To Read In Part

ROME, GA VORTAC ...... * NELLO, GA FIX ...... 5600 * 6000–MCA ...... NELLO, GA FIX, E BND.

§ 95.6417 VOR Federal Airway V417 Is Amended To Read In Part

ROME, GA VORTAC ...... * NELLO, GA FIX ...... 5600 * 7000–MCA ...... NELLO, GA FIX, E BND. NELLO, GA FIX ...... AWSON, GA FIX ...... * 7000 * 5500–MOCA. AWSON, GA FIX ...... CORCE, GA FIX ...... * 5400 * 4600–MOCA.

§ 95.6436 VOR Federal Airway V436 Is Amended To Read In Part

WILL ROGERS, OK VORTAC ...... JABDO, OK FIX ...... * 4500 * 3000–MOCA. JABDO, OK FIX ...... SAPPA, OK FIX ...... * 4000

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From To MEA

* 2400–MOCA.

§ 95.6510 VOR Federal Airway V510 Is Amended To Read In Part

GOPHER, MN VORTAC ...... * BITLR, WI FIX ...... 3500 * 5500–MCA ...... BITLR, WI FIX, SE BND.

§ 95.6439 AlaskaVOR Federal Airway V439 Is Amended To Read In Part

KODIAK, AK VOR/DME ...... BAREL, AK FIX ...... * 6000 * 4300–MOCA.

§ 95.6411 Hawaii VOR Federal Airway V11 Is Amended To Read In Part

UPOLU POINT, HI VORTAC ...... LNBRG, HI FIX ...... 5400 LNBRG, HI FIX ...... BARBY, HI FIX ...... 5500 BARBY, HI FIX ...... * SWEEP, HI FIX ...... 5400 * 5400–MCA ...... SWEEP, HI FIX, S BND ...... Airway Segment Changeover Points From To Distance From

§ 95.8003 VOR Federal Airway Changeover Point V49 Is Amended To Modify Changeover Point

VULCAN, AL VORTAC ...... DECATUR, AL VOR/DME ...... 35 VULCAN.

V165 Is Amended To Delete Changeover Point

CLOVIS, CA VORTAC ...... MUSTANG, NV VORTAC ...... 94 CLOVIS.

V209 Is Amended To Delete Changeover Point

SEMMES, AL VORTAC ...... KEWANEE, MS VORTAC ...... 50 SEMMES.

[FR Doc. 2020–09422 Filed 5–15–20; 8:45 am] FR 14428, March 12, 2020) and is in the transferors are required to maintain BILLING CODE 4910–13–P process of reviewing those comments. certifications and other records, to be DATES: This rule is effective May 15, made available when requested by BIS, 2020, through August 13, 2020. The regarding their use of the temporary general license. DEPARTMENT OF COMMERCE expiration date of the final rule published on February 18, 2020 (85 FR As published on May 22, 2019 (84 FR Bureau of Industry and Security 8722), is extended until August 13, 22961), and as revised and clarified by 2020. a final rule published on August 21, 15 CFR Part 744 and 762 FOR FURTHER INFORMATION CONTACT: 2019 (84 FR 43493), any exports, Director, Office of Exporter Services, reexports, or in-country transfers of [Docket No. 200512–0135] Bureau of Industry and Security, items subject to the EAR to any of the Department of Commerce, Phone: (949) listed Huawei entities as of the effective RIN 0694–AH97 660–0144 or (408) 998–8806 or email date they were added to the Entity List Temporary General License: Extension your inquiry to: [email protected]. continue to require a license, with the of Validity SUPPLEMENTARY INFORMATION: exception of transactions explicitly authorized by the temporary general Background AGENCY: Bureau of Industry and license and eligible for export, reexport, Security, Commerce. As published on May 22, 2019 (84 FR or transfer (in-country) prior to May 16, ACTION: Final rule. 23468), extended and amended through 2019 without a license or under a a final rule published on August 21, license exception. License applications SUMMARY: The U.S. Government has 2019 (84 FR 43487), and as currently will continue to be reviewed under a decided to extend through August 13, extended through a final rule published presumption of denial, as stated in the 2020, the temporary general license to on March 12, 2020 (85 FR 14416), this Entity List entries for the listed Huawei Huawei Technologies Co., Ltd. (Huawei) temporary general license authorizes entities. No persons are relieved of other and one hundred and fourteen of its certain activities, including those obligations under the EAR, including non-U.S. affiliates on the Entity List. In necessary for the continued operations but not limited to licensing order to implement this decision, this of existing networks and equipment as requirements to the People’s Republic of final rule revises the temporary general well as the support of existing mobile China (PRC or China) or other license to remove the expiration date of services, including cybersecurity destinations and the requirements of May 15, 2020, and substitutes the date research critical to maintaining the part 744 of the EAR. The temporary of August 13, 2020. In addition, BIS integrity and reliability of existing and general license also does not authorize sought public comments regarding fully operational networks and any activities or transactions involving future extensions of the Huawei TGL (85 equipment. Exporters, reexporters, and Country Group E countries (i.e., Cuba,

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Iran, North Korea, Sudan, and Syria) or to respond to or be subject to a penalty PART 744—[AMENDED] foreign nationals. for failure to comply with a collection ■ 1. The authority citation for 15 CFR Extension of Validity of information, subject to the requirements of the Paperwork part 744 continues to read as follows: At this time, the U.S. Government has Reduction Act of 1995 (44 U.S.C. 3501 Authority: 50 U.S.C. 4801–4852; 50 U.S.C. decided to extend the temporary general et seq.) (PRA), unless that collection of 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. license until August 13, 2020. In order information displays a currently valid 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 to implement this U.S. Government Office of Management and Budget et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR decision, this final rule revises the (OMB) Control Number. This regulation 20947, 3 CFR, 1978 Comp., p. 179; E.O. temporary general license to remove the 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. involves collections previously 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 date of May 15, 2020 and substitutes the approved by OMB under control date of August 13, 2020 in three places Comp., p. 950; E.O. 13026, 61 FR 58767, 3 number 0694–0088, Simplified Network CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR in Supplement No. 7 to part 744: The Application Processing System, which 45167, 3 CFR, 1998 Comp., p. 208; E.O. introductory text; paragraph (b)(1); and includes, among other things, license 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. paragraph (c). applications, and carries a burden 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Export Control Reform Act of 2018 estimate of 42.5 minutes for a manual or Comp., p. 786; Notice of September 19, 2019, electronic submission. Total burden 83 FR 49633 (September 20, 2019); Notice of On August 13, 2018, the President November 12, 2019, 84 FR 61817 (November signed into law the John S. McCain hours associated with the PRA and 13, 2019). OMB control number 0694–0088 are not National Defense Authorization Act for ■ 2. Supplement No. 7 to part 744 is Fiscal Year 2019, which included the expected to increase as a result of this rule. You may send comments regarding amended by revising the first sentence Export Control Reform Act of 2018 of the introductory text, paragraph (ECRA) (50 U.S.C. 4801–4852). ECRA the collection of information associated with this rule, including suggestions for (b)(1), and paragraph (c) introductory provides the legal basis for BIS’s text to read as follows: principal authorities and serves as the reducing the burden, to Jasmeet K. authority under which BIS issues this Seehra, Office of Management and Supplement No. 7 to Part 744—Temporary _ _ rule. As set forth in Section 1768 of Budget (OMB), by email to Jasmeet K. General License ECRA, all delegations, rules, [email protected], or by fax to (202) Notwithstanding the requirements and regulations, orders, determinations, 395–7285. other provisions of Supplement No. 4 to this licenses, or other forms of 3. This rule does not contain policies part, which became effective as to Huawei administrative action that were made, Technologies Co., Ltd. (Huawei), Shenzhen, with federalism implications as that Guangdong, China on May 16, 2019, and its issued, conducted, or allowed to term is defined in Executive Order non-U.S. affiliates listed in Supplement No. become effective under the Export 13132. 4 to this part on, as applicable, May 16, 2019 Administration Act of 1979 (previously, 4. Pursuant to section 1762 of ECRA, or August 19, 2019, the licensing and other 50 U.S.C. 4601 et seq.) (as in effect prior this action is exempt from the requirements in the EAR as of May 15, 2019, to August 13, 2018 and as continued in are restored in part as of May 20, 2019, and Administrative Procedure Act (5 U.S.C. effect pursuant to the International through August 13, 2020, pertaining to 553) requirements for notice of Emergency Economic Powers Act (50 exports, reexports, and transfers (in-country) proposed rulemaking, opportunity for U.S.C. 1701 et seq.)) or the Export of items subject to the EAR to any of the public participation, and delay in Administration Regulations, and were listed Huawei entities. * * * effective date. in effect as of August 13, 2018, shall * * * * * continue in effect according to their 5. Because a notice of proposed (b) * * * terms until modified, superseded, set rulemaking and an opportunity for (1) This temporary general license is public comment are not required to be effective from May 20, 2019, through August aside, or revoked under the authority of 13, 2020. ECRA. given for this rule by 5 U.S.C. 553, or by any other law, the analytical * * * * * Rulemaking Requirements requirements of the Regulatory (c) Authorized transactions. This 1. Executive Orders 13563 and 12866 temporary general license allows, from May Flexibility Act, 5 U.S.C. 601, et seq., are 20, 2019, through August 13, 2020, the direct agencies to assess all costs and not applicable. Accordingly, no following: benefits of available regulatory regulatory flexibility analysis is * * * * * alternatives and, if regulation is required, and none has been prepared. necessary, to select regulatory Richard E. Ashooh, List of Subjects approaches that maximize net benefits Assistant Secretary for Export (including potential economic, 15 CFR Part 744 Administration. environmental, public health and safety [FR Doc. 2020–10614 Filed 5–15–20; 8:45 am] effects, distributive impacts, and Exports, Reporting and recordkeeping BILLING CODE 3510–33–P equity). Executive Order 13563 requirements, Terrorism. emphasizes the importance of 15 CFR Part 762 quantifying both costs and benefits, of COMMODITY FUTURES TRADING reducing costs, of harmonizing rules, Administrative practice and COMMISSION and of promoting flexibility. This rule procedure, Business and industry, has been determined to be not Confidential business information, 17 CFR Part 160 significant for purposes of Executive Exports, Reporting and recordkeeping RIN 3038–AE91 Order 12866. This rule is not an requirements. Executive Order 13771 regulatory action Privacy of Consumer Financial Accordingly, part 744 of the Export because this rule is not significant under Information Executive Order 12866. Administration Regulations (15 CFR 2. Notwithstanding any other parts 730 through 774) is amended as AGENCY: Commodity Futures Trading provision of law, no person is required follows: Commission.

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ACTION: Final rule. promulgated part 160 of its regulations II. Proposal to establish standards relating to Title V, SUMMARY: The Commodity Futures On November 12, 2019, the and, specifically, § 160.30 in relation to Commission published a Notice of Trading Commission (‘‘CFTC’’ or 6 section 501’s mandate. Proposed Rulemaking 11 to amend ‘‘Commission’’) is making a correction Commission regulation 160.30 § 160.30 of the Commission’s to one of the Commission’s regulations implements this mandate by requiring regulations (the ‘‘Proposal’’). to restore text that was inadvertently every FCM, RFED, CTA, CPO, IB, MSP, Specifically, the Commission proposed deleted in a 2011 amendment to that or SD that is subject to the jurisdiction to restore the inadvertently deleted regulation. of the Commission (‘‘Covered Detailed Requirements in § 160.30. As DATES: Effective June 17, 2020. Persons’’) 7 to adopt policies and discussed above and in the Proposal, the procedures to address administrative, FOR FURTHER INFORMATION CONTACT: Detailed Requirements mirror the technical and physical safeguards for Joshua Sterling, Director, (202) 418– requirements of section 501 of the GLB the protection of customer records and 6056, [email protected]; Frank Fisanich, Act, pursuant to which part 160 of the Chief Counsel, (202) 418–5949, information (the ‘‘General Requirement’’).8 In addition, mirroring Commission’s regulations was adopted. [email protected]; or Jacob Chachkin, The Commission requested comments section 501 of the GLB Act, the 2001 Special Counsel, (202) 418–5496, on the Proposal. The comment period Rulemaking further required (the [email protected], Division of Swap for the Proposal ended on December 12, ‘‘Detailed Requirements’’) that the Dealer and Intermediary Oversight, 2019. Commodity Futures Trading policies and procedures be reasonably Commission, Three Lafayette Centre, designed to: (i) Insure the security and III. Summary of Comments and Final 1155 21st Street NW, Washington, DC confidentiality of customer records and Rule 20581. information; (ii) protect against any The Commission received two anticipated threats or hazards to the SUPPLEMENTARY INFORMATION: relevant comments on the Proposal,12 security or integrity of customer records both of which were from individuals and information; and (iii) protect against I. Background and supportive of the Proposal. The unauthorized access to or use of Section 501 of Title V of the Gramm- Commission did not receive any customer records or information that Leach-Bliley Act (‘‘Title V’’) mandates comments on the Proposal from Covered could result in substantial harm or that certain agencies covered by Title V Persons. inconvenience to any customer.9 establish appropriate standards for the The Commission is adopting this However, when the 2011 Amendment financial institutions subject to their Final Rule (‘‘Final Rule’’) as proposed. revised § 160.30 to add SDs and MSPs jurisdiction relating to administrative, Accordingly, the Commission is to the list of entities in § 160.30’s technical and physical safeguards—(1) adopting the amendments to introductory sentence (and, thus, to insure the security and Commission regulation 160.30 as shown subject to it), the Detailed Requirements confidentiality of customer records and in the rule text in this document and for were inadvertently deleted.10 information; (2) to protect against any the reasons discussed in the Proposal anticipated threats or hazards to the 6 and reiterated above. security or integrity of such records; and Privacy of Customer Information, 66 FR 21235 (April 27, 2001) (‘‘2001 Rulemaking’’). The IV. Related Matters (3) to protect against unauthorized Commission later modified its part 160 regulations access to or use of such records or to apply them to retail foreign exchange dealers A. Regulatory Flexibility Act information which could result in (‘‘RFEDs’’), swap dealers (‘‘SDs’’), and major swap participants (‘‘MSPs’’). Regulation of Off-Exchange The Regulatory Flexibility Act 13 substantial harm or inconvenience to Retail Foreign Exchange Transactions and 1 (‘‘RFA’’) requires federal agencies to any customer. The Commission and Intermediaries, 75 FR 55409 (Sept. 10, 2010) for consider whether the rules they propose entities subject to its jurisdiction were RFEDs, and Privacy of Consumer Financial Information; Conforming Amendments Under will have a significant economic impact originally excluded from Title V’s on a substantial number of small entities coverage.2 However, section 124 of the Dodd-Frank Act, 76 FR 43874 (July 22, 2011) for SDs and MSPs (‘‘2011 Amendment’’). For the and, if so, to provide a regulatory Commodity Futures Modernization Act definition of RFED, see § 5.1(h). 17 CFR 5.1(h). For flexibility analysis regarding the of 2000 3 amended the Commodity the definitions of SD and MSP, see section 1a of the CEA and § 1.3 of the Commission’s regulations. 7 economic impact on those entities. In Exchange Act (‘‘CEA’’) to add section the Proposal, the Commission certified 5g,4 providing that futures commission U.S.C. 1a and 17 CFR 1.3. 7 17 CFR 160.30. Part 160 does not apply to that the Proposal would not have a merchants (‘‘FCMs’’), commodity foreign (non-resident) FCMs, RFEDs, CTAs, CPOs, significant economic impact on a trading advisors (‘‘CTAs’’), commodity IBs, MSPs, and SDs that are not registered with the substantial number of small entities. Commission. 17 CFR 160.1. Therefore, they are not pool operators (‘‘CPOs’’), and The Commission requested comments introducing brokers (‘‘IBs’’) 5 fall under ‘‘Covered Persons’’ as defined in this release. 8 with respect to the RFA and received no the requirements of Title V and 17 CFR 160.30. 9 See 2001 Rulemaking at 21250. such comments. requiring the Commission to prescribe 10 See 2011 Amendment at 43879. With respect to As discussed in the Proposal, this regulations in furtherance of Title V. § 160.30, the preamble to the 2011 Amendment Final Rule will restore the inadvertently Thus, in 2001, the Commission only discusses amending the introductory sentence of § 160.30 to add SDs and MSPs to the list of CFTC deleted Detailed Requirements in registrants that must comply with that regulation. § 160.30. To the extent that the Final 1 Section 501, Subtitle A, Title V, Public Law See id. at 43876. Further, the Commission notes that 106–102, 113 Stat. 1338 (1999), as codified at 15 Rule will impact Covered Persons that the Detailed Requirements continued to be included U.S.C. 6801. may be small entities for purposes of the in Commission staff guidance on compliance with 2 15 U.S.C. 6809(3)(B). § 160.30 after the 2011 Amendment. See CFTC Staff 3 Section 124, Appendix E of Public Law 106– Advisory No. 14–21 (Feb. 26, 2014) (‘‘§ 160.30 11 Privacy of Consumer Financial Information, 84 554, 114 Stat. 2763 (2000). Guidance’’). In addition, the Commission notes that FR 60963 (Nov. 12, 2019). 4 7 U.S.C. 7b–2. restoring the Detailed Requirements will make 12 The Commission also received one comment 5 For the definitions of these intermediary § 160.30 more consistent with similar rules adopted that was not relevant to the Proposal. All of the categories, see section 1a of the CEA and § 1.3 of by the Securities and Exchange Commission comments are available at https:// the Commission’s regulations. 7 U.S.C. 1a and 17 (‘‘SEC’’) and the Federal Trade Commission comments.cftc.gov/PublicComments/ CFR 1.3. Commission regulations referred to herein (‘‘FTC’’) under the GLB Act. See 17 CFR 248.30 and CommentList.aspx?id=3047. are found at 17 CFR chapter I. 16 CFR 314.3, respectively. 13 5 U.S.C. 601 et seq.

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RFA,14 the Commission considered § 160.30 Guidance and the GLB Act, The Commission recognizes that there whether the Final Rule will have a what is necessary to satisfy the General are inherent costs and benefits to significant economic impact on such Requirement that already applies to Covered Persons in providing Covered Persons. Covered Persons, the Commission requirements for specific customer In restoring the inadvertently deleted believes that the Final Rule does not privacy policies and procedures, which Detailed Requirements the Final Rule impose any new recordkeeping or Congress took into account in codifying will simply set forth, consistent with the information collection requirements, or the GLB Act. § 160.30 Guidance and the GLB Act, other collections of information that The inadvertent deletion of the what is necessary to satisfy the General require approval of OMB under the Detailed Requirements in § 160.30 Requirement that already applies to PRA. affected entities that were required to Covered Persons. Therefore, the In the Proposal, the Commission comply with the Detailed Requirements Commission believes that the Final Rule invited the public and other Federal prior to the 2011 Amendment as well as will not have a significant economic agencies to comment on any aspect of the two types of entities (SDs and MSPs) impact on a substantial number of small the information collection requirements the rule was being revised to include. entities, as defined in the RFA. discussed therein. The Commission did Due to the inadvertent nature of the Accordingly, the Chairman, on behalf not receive any such comments. deletion of the Detailed Requirements, of the Commission, hereby certifies and that they applied prior to the 2011 pursuant to 5 U.S.C. 605(b) that the C. Cost-Benefit Considerations Amendment, the Commission expects Final Rule will not have a significant Section 15(a) of the CEA requires the the number of entities affected by the economic impact on a substantial Commission to consider the costs and Final Rule to be negligible, if any. number of small entities. benefits of its actions before Consequently, the Commission believes B. Paperwork Reduction Act promulgating a regulation under the that the restoration of the Detailed CEA. Section 15(a) further specifies that Requirements in § 160.30, consistent The Paperwork Reduction Act of 1995 the costs and benefits shall be evaluated with the § 160.30 Guidance and the GLB 15 (‘‘PRA’’) imposes certain in light of the following five broad areas Act, does not alter existing benefits and requirements on Federal agencies, of market and public concern: (1) costs. The Commission, however, including the Commission, in Protection of market participants and recognizes that this Final Rule may connection with their conducting or the public; (2) efficiency, benefit certain Covered Persons by, sponsoring any collection of competitiveness, and financial integrity consistent with the GLB Act, specifying information, as defined by the PRA. The of futures markets; (3) price discovery; what types of policies and procedures Commission may not conduct or (4) sound risk management practices; are necessary to satisfy the General sponsor, and a person is not required to and (5) other public interest Requirement. In doing so, this Final respond to, a collection of information considerations. The Commission Rule may reduce any potential unless it displays a currently valid considers the costs and benefits confusion and allow Covered Persons to Office of Management and Budget resulting from its discretionary design and maintain their policies and (‘‘OMB’’) control number. determinations with respect to the procedures to focus on the specified The Commission has previously areas mandated by the GLB Act. In this received a control number from OMB section 15(a) considerations. As discussed above, in the Final Rule, regard, this Final Rule may allow that includes the collection of the Commission is restoring the Covered Persons to more efficiently information associated with the General inadvertently deleted Detailed utilize their resources in developing Requirement. The title for this Requirements in § 160.30. Below, the policies and procedures in compliance collection of information is ‘‘Privacy of Commission discusses the costs and with § 160.30. This Final Rule also will, Consumer Financial Information, OMB 19 benefits of the Final Rule.17 The consistent with the GLB Act, result in control number 3038–0055’’.16 baseline against which the costs and § 160.30 being more similar to Collection 3038–0055 is currently in benefits are considered is the current regulations adopted by the SEC and FTC force with its control number having status quo for Covered Persons with pursuant to the GLB Act and to which been provided by OMB. Because in respect to their obligation to satisfy the certain Covered Persons may be restoring the inadvertently deleted 20 General Requirement under § 160.30.18 subject. Detailed Requirements, the Final Rule The Commission recognizes that, as a simply sets forth, consistent with the 17 The Commission endeavors to assess the result of this Final Rule, certain Covered expected costs and benefits of its proposed rules in Persons may become subject to more 14 The Commission has previously determined quantitative terms where possible. Where specific requirements under § 160.30 that certain entities are not ‘‘small entities’’ for estimation or quantification is not feasible, the than they are currently. However, given purposes of the RFA. See, e.g., 47 FR 18618, 18619 Commission provides its discussion in qualitative (Apr. 30, 1982) (registered FCMs); 75 FR 55410, terms. Given a general lack of relevant data, the that the General Requirement currently 55416 (Sept. 10, 2010) (RFEDs); 77 FR 2613, 2620 Commission’s assessment is generally provided in applies to Covered Persons, and the (Jan. 19, 2012) (SDs and MSPs). However, the qualitative terms. § 160.30 Guidance that remains in effect Commission has determined that CPOs exempt 18 The Commission notes that the consideration of takes into account the substance of the pursuant to 17 CFR 4.13(a) are small entities. See costs and benefits below is based on the 46 FR 26004 (May 8, 1981); 47 FR at 18619. The understanding that the markets function Detailed Requirements, the Commission definitions of IB and CTA are also broad enough to internationally, with many transactions involving believes that the burden of this Final potentially encompass ‘‘small entities.’’ See 48 FR United States firms taking place across international Rule on Covered Persons will not be 35248, 35276 (Aug. 3, 1983) (recognizing that the boundaries; with some Commission registrants significant. IB definition ‘‘undoubtedly encompasses many being organized outside of the United States; with business enterprises of variable size’’); 47 FR at some leading industry members typically 18620 (the category of CTAs is ‘‘too broad’’ for a conducting operations both within and outside the activity’s physical location in the United States or general determination regarding their small entity United States; and with industry members by virtue of the activity’s connection with activities status). commonly following substantially similar business in, or effect on, United States commerce under CEA 15 44 U.S.C. 3501 et seq. practices wherever located. Where the Commission section 2(i), 7 U.S.C. 2(i). In particular, the 16 See OMB Control No. 3038–0055, http:// does not specifically refer to matters of location, the Commission notes that some Covered Persons are www.reginfo.gov/public/do/ discussion of costs and benefits below refers to the located outside of the United States. PRAOMBHistory?ombControlNumber=3038-0055# effects of this Final Rule on all activity subject to 19 See 15 U.S.C. 6804(a)(2). (last visited Jan. 6, 2020). the amended regulations, whether by virtue of the 20 See n.10, supra.

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1. Section 15(a) Considerations objectives of the CEA, as well as the procedures must be reasonably designed In light of the foregoing, the CFTC has policies and purposes of the CEA, in to: evaluated the costs and benefits of this issuing any order or adopting any (a) Insure the security and Final Rule pursuant to the five Commission rule or regulation confidentiality of customer records and considerations identified in section (including any exemption under section information; (b) Protect against any anticipated 15(a) of the CEA as follows: 4(c) or 4c(b)), or in requiring or approving any bylaw, rule, or regulation threats or hazards to the security or (1) Protection of Market Participants and of a contract market or registered futures integrity of customer records and the Public association established pursuant to information; and This Final Rule’s restoration of the section 17 of the CEA. (c) Protect against unauthorized Detailed Requirements may protect The Commission believes that the access to or use of customer records or market participants and the public by public interest to be protected by the information that could result in ensuring that the policies and antitrust laws is generally to protect substantial harm or inconvenience to procedures required under § 160.30 are competition. The Commission requested any customer. reasonably designed to address the and did not receive any comments on Issued in Washington, DC, on April 17, specific areas mandated by Congress in whether the Proposal implicated any 2020, by the Commission. the GLB Act. other specific public interest to be Robert Sidman, protected by the antitrust laws. Deputy Secretary of the Commission. (2) Efficiency, Competitiveness, and The Commission has considered this Financial Integrity of Markets Final Rule to determine whether it is Note: The following appendix will not appear in the Code of Federal Regulations. This Final Rule may reduce confusion anticompetitive and has identified no anticompetitive effects. The and allow Covered Persons to design Appendix to Privacy of Consumer Commission requested and did not and maintain their policies and Financial Information—Commission receive any comments on whether the procedures to focus on the specified Voting Summary areas mandated by the GLB Act. This Proposal was anticompetitive and, if it may allow Covered Persons to more is, what the anticompetitive effects are. On this matter, Chairman Tarbert and efficiently utilize their resources in Because the Commission has Commissioners Quintenz, Behnam, Stump, determined that this Final Rule is not and Berkovitz voted in the affirmative. No developing policies and procedures in Commissioner voted in the negative. compliance with § 160.30. In addition, anticompetitive and has no consistent with the GLB Act, this Final anticompetitive effects and received no [FR Doc. 2020–08552 Filed 5–15–20; 8:45 am] Rule will further align the consumer comments on its determination, the BILLING CODE 6351–01–P privacy regulations of the Commission, Commission has not identified any less FTC, and SEC, which may lower costs anticompetitive means of achieving the for certain Covered Persons. purposes of the CEA. SECURITIES AND EXCHANGE COMMISSION (3) Price Discovery List of Subjects in 17 CFR Part 160 The Commission has not identified an Brokers, Consumer protection, 17 CFR Parts 200, 230, 232, 239, 240, impact on price discovery as a result of Privacy, Reporting and recordkeeping 270, and 274 this Final Rule. requirements. [Release Nos. 33–10765; 34–88358; IC– For the reasons stated in the 33814; File No. S7–23–18] (4) Sound Risk Management preamble, the Commodity Futures RIN 3235–AK60 The Commission has not identified an Trading Commission amends 17 CFR impact on sound risk management as a part 160 as follows: Updated Disclosure Requirements and result of this Final Rule. Summary Prospectus for Variable PART 160—PRIVACY OF CONSUMER Annuity and Variable Life Insurance (5) Other Public Interest Considerations FINANCIAL INFORMATION UNDER Contracts Consistent with the GLB Act, this TITLE V OF THE GRAMM-LEACH- Final Rule will further align the BLILEY ACT Correction consumer privacy regulations of the ■ In rule document 2020–05526, Commission, FTC, and SEC. 1. The authority citation for part 160 continues to read as follows: beginning on page 26954 in the issue of 2. Comments on Cost-Benefit Friday, May 1, 2020, make the following Authority: 7 U.S.C. 7b–2 and 12a(5); 15 correction: Considerations U.S.C 6801, et seq., and sec. 1093, Pub. L. The Commission invited public 111–203, 124 Stat. 1376. § 274.11 [Corrected] comment on its cost-benefit ■ 2. Revise § 160.30 to read as follows: ■ On page 26256, in § 274.11, after the considerations in the Proposal, photo material, insert the following including the Section 15(a) factors § 160.30 Procedures to safeguard customer records and information. amendatory instructions: described above. The Commission ■ 48. Effective January 1, 2022, Form N– Every futures commission merchant, received no such comments. 4 (referenced in §§ 239.17b and 274.11c) retail foreign exchange dealer, is further amended by removing D. Antitrust Considerations commodity trading advisor, commodity paragraph (a)(9) of Item 1. 21 pool operator, introducing broker, major Section 15(b) of the CEA requires ■ 49. Revise Form N–6 (referenced in swap participant, and swap dealer the Commission to take into §§ 239.17c and 274.11d) to read as subject to the jurisdiction of the consideration the public interest to be follows: protected by the antitrust laws and Commission must adopt policies and endeavor to take the least procedures that address administrative, Note: The text of Form N–6 will not appear anticompetitive means of achieving the technical and physical safeguards for in the Code of Federal Regulations. the protection of customer records and [FR Doc. C2–2020–05526 Filed 5–15–20; 8:45 am] 21 7 U.S.C. 19(b). information. These policies and BILLING CODE 1301–00–D

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DEPARTMENT OF COMMERCE the personnel tasked with serving or temporary rule is not significant for accepting service by hand or mail, as purposes of Executive Order 12866. International Trade Administration well as those around them. Based on Paperwork Reduction Act these circumstances, E&C announced 19 CFR Part 351 that it would temporarily deem service This temporary rule contains no new collection of information subject to the [Docket Number: 200507–0129] of submissions containing business proprietary information (BPI) to be Paperwork Reduction Act, 44 U.S.C. RIN 0625–AB19 effectuated when the BPI submissions chapter 35. are filed by parties in ACCESS, with Executive Order 13132 Temporary Rule Modifying AD/CVD certain exceptions. The aforementioned Service Requirements Due to COVID– circumstances are still present. This temporary rule does not contain 19; Extension of Effective Period Therefore, with the continued goal of policies with federalism implications as that term is defined in section 1(a) of AGENCY: Enforcement and Compliance, promoting public health and slowing International Trade Administration, the spread of COVID–19 while at the Executive Order 13132, dated August 4, Commerce. same time permitting the continued 1999 (64 FR 43255 (August 10, 1999)). administration of AD/CVD proceedings, ACTION: Temporary final rule; extension Regulatory Flexibility Act of effective period. E&C is extending the date through which the modified service The analytical requirements of the SUMMARY: In March, the Department of requirements in the Temporary Final Regulatory Flexibility Act (5 U.S.C 601 Commerce (Commerce) implemented Rule will be in effect. et seq.) are not applicable because no general notice of proposed rulemaking temporary modifications to its service Extension regulations to enable non-U.S. was required for this action. Government personnel responsible for The modified service requirements Accordingly, no regulatory flexibility serving documents in the Enforcement & announced in the Temporary Final Rule analysis is required, and none has been Compliance’s (E&C) antidumping and will remain in effect through 17:00 EST, prepared. countervailing duty (AD/CVD) cases to July 17, 2020, unless extended. Authority: 5 U.S.C. 301; 19 U.S.C. 1202 work remotely. Through this extension Classification note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et notice, Commerce extends the duration seq.; and 19 U.S.C. 3538. of these temporary modifications. Administrative Procedure Act Dated: May 7, 2020. Accordingly, the temporary The provisions of the Administrative Jeffrey I. Kessler, modifications will be effective through Procedure Act (5 U.S.C. 553) requiring Assistant Secretary for Enforcement and July 17, 2020, unless extended. notice of proposed rulemaking and the Compliance. DATES: The expiration date of the opportunity for public participation are [FR Doc. 2020–10238 Filed 5–15–20; 8:45 am] waived for good cause because they temporary final rule published on BILLING CODE 3510–DS–P March 26, 2020 (85 FR 17006), is would be impracticable and contrary to extended through 17:00 hours EST, July the public interest. (See 5 U.S.C. 553(b)(B)). Interested parties 17, 2020. DEPARTMENT OF HOMELAND participating in E&C’s AD/CVD FOR FURTHER INFORMATION CONTACT: SECURITY Evangeline D. Keenan, Director, APO/ proceedings are generally required to serve other interested parties with Dockets Unit, at 202–482–3354. Coast Guard documents they submit to E&C. If notice SUPPLEMENTARY INFORMATION: and comment were to be allowed, 33 CFR Part 165 Background parties submitting documents containing BPI information to E&C [Docket Number USCG–2017–0448] On March 26, 2020, E&C published a likely either would be unable to serve temporary final rule in the Federal RIN 1625–AA87 other parties in the manners prescribed Register, temporarily modifying certain in E&C’s regulations, or potentially requirements for serving documents Security Zone; Potomac River, would put their health and safety at risk containing business proprietary Montgomery County, MD in doing so. COVID–19 was unexpected information in AD/CVD proceedings and this circumstance could not have AGENCY: Coast Guard, DHS. administered by E&C until May 19, been foreseen; therefore E&C could not ACTION: Final rule. 2020, unless extended. Temporary Rule have prepared ahead of time for this set SUMMARY: Modifying AD/CVD Service of circumstances. The provision of the The Coast Guard is finalizing Requirements Due to COVID–19, 85 FR Administrative Procedure Act otherwise regulations for a security zone for 17006 (March 26, 2020) (Temporary requiring a 30-day delay in effectiveness certain waters of the Potomac River to Final Rule). The temporary is also waived for those same reasons, prevent waterside threats and incidents modifications were implemented to which constitute good cause. (5 U.S.C. while persons protected by the United facilitate the effectuation of service 553(d)(3)). States Secret Service (USSS) are at the through electronic means, with the goal Trump National Golf Club at Potomac of promoting public health and slowing Executive Order 12866 Falls, VA. This regulation prohibits the spread of COVID–19 while at the The Office of Management and Budget vessels and people from entering the same time permitting the continued (OMB) has determined that this security zone unless specifically exempt administration of AD/CVD proceedings. temporary rule is not significant for under the provisions in this rule or E&C explained that the service purposes of Executive Order 12866. granted specific permission from the requirements in its regulations are often COTP Maryland-National Capital effectuated by hand delivery or by U.S. Executive Order 13771 Region or a designated representative. mail delivery of hard copy documents, This temporary rule is not expected to This regulation also governs activities of which frequently takes place in an office be subject to the requirements of vessels and persons already in the setting. In turn, this could pose a risk to Executive Order 13771 because this security zone when it is activated.

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DATES: This rule is effective June 17, zones, or other measures, for limited, support security measures required 2020. controlled, or conditional access and during heightened security events at the ADDRESSES: To view documents activity when necessary for the Trump National Golf Club while USSS mentioned in this preamble as being protection of any vessel, structure, protectees are present. As discussed in available in the docket, go to https:// waters, or shore area, 46 U.S.C. the March 2019 rule, the Coast guard www.regulations.gov, type USCG–2017– 70011(b)(3). This rule safeguards the manages waterborne security risk by 0448 in the ‘‘SEARCH’’ box and click lives of persons protected by the Secret maintaining positive control of entry ‘‘SEARCH.’’ Click on Open Docket Service, and of the general public, by into the zone and keeping a minimum Folder on the line associated with this enhancing the safety and security of stand-off distance from the Virginia rule. navigable waters of the United States shoreline for all vessels. A corridor on during heightened security events at the the Virginia side would not allow this FOR FURTHER INFORMATION CONTACT: If Trump National Golf Club at Potomac positive control of the area being you have questions on this rule, call or Falls, Virginia. The Coast Guard will protected. email Mr. Ronald L. Houck, at Sector activate the security zone when 3. The rule is burdensome to older, Maryland-National Capital Region requested by the USSS for the slower recreational paddlers, and may Waterways Management Division, U.S. protection of USSS protectees when discourage them from using the Coast Guard; telephone 410–576–2674, they are at the Trump National Golf waterway. email [email protected]. Club. The USSS provides protection to The COTP will provide sufficient SUPPLEMENTARY INFORMATION: individuals either pursuant to 18 U.S.C. notice of the security zone’s activation and enforcement period for persons to I. Table of Abbreviations 3056 or pursuant to a Presidential memorandum. The Coast Guard is schedule, coordinate and adjust their BNM Broadcast Notice to Mariners issuing this rule under authority in 46 transit schedules. If paddlers are on the CFR Code of Federal Regulations U.S.C. 70034, as delegated by water within the zone when activated, COTP Captain of the Port Department of Homeland Security the Coast Guard will allow these DHS Department of Homeland Security paddlers adequate time to proceed FR Federal Register Delegation no. 0170.1, section II, MD–DNR Maryland Department of Natural paragraph 70, from the Secretary of DHS safely out of the zone at a reasonable Resources to the Commandant of the U.S. Coast rate of speed. But, no paddlers will be NPRM Notice of proposed rulemaking Guard, and further redelegated by 33 allowed to loiter within the zone. § Section CFR 1.05–1, 6.04–1, 6.04–6, and 160.5 4. Can the transit zone be located U.S.C. United States Code to the Captains of the Port. outside of the security zone? USSS United States Secret Service The Coast Guard, with USSS, has III. Discussion of Comments determined that given the width of the II. Basis and Purpose, and Regulatory waterway at this location, the width of History As noted above, we received six submissions in response to our second the security zone, from shore to shore, The United States Coast Guard is interim rule, published March 21, 2019. is required at the request of the USSS. finalizing regulations for a security zone The comments are available for public When the security zone is activated, a that encompasses certain waters of the inspection at www.regulations.gov transit lane will be provided along the Potomac River next to the Trump under docket USCG–2017–0448. Maryland shoreline that will allow river National Golf Club at Potomac Falls, The comments raised a total of nine traffic to transit after permission is VA. The Coast Guard published an questions or concerns that we address granted by the COTP Maryland-National interim rule, ‘‘Security Zone; Potomac below. Capital Region or a designated River, Montgomery County, MD’’ on 1. Can the Coast Guard clarify that representative in consultation with the July 10, 2017 (82 FR 31719). In transits that occur from Violette’s Lock USSS. accordance with 5 U.S.C. 553(b)(B), the to Seneca Falls and the George 5. What does getting permission from rule was made immediately effective. Washington Canal do not occur within the COTP entail? Although immediately effective, the the security zone, and therefore, are not Persons and vessel operators Coast Guard provided the public with a subject to the security zone intending to enter or transit the security 30-day post-effective comment period. requirements in the 2019 IFR? zone (including the transit lane) while After reviewing the public input, the Persons and vessels transiting from the zone is being enforced must obtain Coast Guard published a second interim Violett’s Lock to Seneca Falls and the authorization from the COTP or rule, ‘‘Security Zone; Potomac River, George Washington Canal are outside designated representative. To obtain Montgomery County, MD’’ on March 21, the security zone and are not subject to authorization, persons and vessel 2019 (84 FR 10420), which responded to the transit restrictions imposed by the operators must contact the COTP or comments received and made security zone at any time, including designated representative by phone at modifications to the rule. In accordance when the security zone is being 410–576–2675, on marine band radio with 5 U.S.C. 553(b)(B), the March 2019 enforced. The March 2019 interim rule VHF–FM channel 16 (156.8 MHz), or by interim rule was made immediately incorrectly indicated in a comment visually or verbally hailing the on-scene effective, but the Coast Guard provided response that these waterway users law enforcement vessel enforcing the the public with a 90-day post-effective would need to transit through the zone. Access to the security zone during comment period on the modified rule. security zone. The regulatory text itself enforcement will be determined by the During the comment period on the was correct; the error was in the COTP or designated representative on a March 2019 interim rule, which ended preamble language. case-by-case basis. The Coast Guard June 19, 2019, we received six 2. Could the Coast Guard create a 50- does not issue authorizations to enter comments. yard restricted area on the Virginia side the zone in the form of permits. The for slow-moving waterway traffic? Coast Guard does not provide III. Legal Authority and Need for Rule The Coast Guard established the authorization to enter the security zone Under the Ports and Waterways Safety security zone at the request of, and in in advance. Act, the Coast Guard has authority to coordination with, the USSS. The 6. Will the Government continue to establish water or waterfront safety design of the security zone is needed to consider how this particular security

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zone (and future zones) impact the First activations of the security zone, law recorded message at telephone number Amendment rights of citizens? enforcement personnel have been (410) 576–2675. As stated in our March 2019 interim assigned to the boat ramp at Riley’s Entry into the security zone is final rule, the Coast Guard agrees that Lock to inform members of the public prohibited while the zone is in force, First Amendment considerations must that the security zone is in effect. But, unless public use of the transit lane is be evaluated during the rulemaking it is not feasible to have law specifically authorized by the COTP process for actions taken by the Coast enforcement officials present at all Maryland-National Capital Region or a Guard. The Coast Guard believes that launch sites each time the security zone designated representative. Except for this zone is narrowly tailored and is activated. public vessels, this rule will require all minimizes intrusion into the rights of 9. Will there be additional regulations vessels in the designated security zone protestors while providing necessary put into place by Government agencies to immediately depart the security zone. security measures for persons protected that further restrict the public’s use of Federal, State, and local agencies may by the USSS. As stated in the ‘‘Protest land or water in an effort to support the assist the Coast Guard in the Activities’’ section of the Regulatory vacation and recreation activities of enforcement of this rule. The duration Analysis portion of both the July 2017 high-level government officials. of the zone is intended to ensure the interim final rule, the March 2019 The Coast Guard’s authority is limited security of persons protected by the interim final rule, and this current to actions within our jurisdiction. The USSS while at Trump National Golf action, the Coast Guard respects the USSS is tasked with providing the Club. The COTP Maryland-National Capital Region will notify waterway First Amendment rights of protestors. highest level of security for certain Protesters are asked to contact the users and the boating community of the individuals, and has requested the Coast person listed in the FOR FURTHER security zone, via BNM, an information Guard’s assistance in this location. The INFORMATION CONTACT section to release at the website: need for and level of security does not coordinate protest activities so that your www.news.uscg.mil/Baltimore/ and a change based on the activities of message can be received without recorded message at telephone number protected individuals. In the March jeopardizing the safety or security of (410) 576–2675. 2019 interim rule, and affirmed in this people, places, or vessels. The Coast final rule, the Coast Guard shortened the V. Regulatory Analyses Guard’s authority is limited to actions size of the security zone and added the within our jurisdiction. The Coast Guard developed this rule 7. Enforcement personnel should be transit lane along the Maryland shore to after considering numerous statutes and appropriately and continuously trained provide an opportunity for the public to Executive orders related to rulemaking. on the security zone’s boundaries and enjoy the river while persons protected The Coast Guard summarizes its regulations. by the USSS participate safely in their analyses based on a number of these To ensure proper application of the chosen activities. statutes and Executive orders. regulation, the Coast Guard holds pre- IV. Discussion of the Rule A. Regulatory Planning and Review mission briefings prior to each activation of the zone that discuss the The Coast Guard is adopting the text Executive Orders 12866 and 13563 1 regulation, including visual landmarks of the rule from the March 2019 IR with direct agencies to assess the costs and demarcating the zone’s boundaries that one change. The Coast Guard is benefits of available regulatory personnel should use when enforcing amending the text of the rule to reflect alternatives and, if regulation is the zone. In addition to the pre-mission that the USSS provides protection to necessary, to select regulatory briefing, enforcement personnel are individuals pursuant to a Presidential approaches that maximize net benefits. provided a written informational memorandum in addition to those Executive Order 13771 2 directs agencies bulletin prior to each activation. The persons listed at 18 U.S.C. 3056. This to control regulatory costs through a Coast Guard will continue to coordinate rule affirms the security zone to include budgeting process. This rule has not enforcement efforts with the other all navigable waters of the Potomac been designated a ‘‘significant government agencies assisting with River, from shoreline to shoreline, regulatory action,’’ under Executive enforcement. within an area bounded on the west by Order 12866. Accordingly, this rule has 8. Notice should be posted on federal a line connecting the following points: not been reviewed by the Office of land at Violette’s Lock, Riley’s Lock and latitude 39°03′44.7″ N, longitude Management and Budget (OMB), and at Algonkian Park when the security 077°21′47″ W, thence north to latitude pursuant to OMB guidance it is exempt zone is in effect, with the estimated time 39°04′03″ N, longitude 077°21′47″ W, from the requirements of Executive that security zone enforcement will end, and bounded on the east by a line Order 13771. and a reminder of the phone number to connecting the following points: This regulatory action determination which the public can call to check the latitude 39°04′04″ N, longitude is based on the following reasons: (1) enforcement status. 077°19′58″ W, thence south to latitude The public may move through the area As stated in the March 2019 interim 39°03′41.35″ N, longitude 077°20′05.30″ along the Maryland shoreline using the rule, for security and logistical reasons W. This rule provides an area within the dedicated transit lane during the the Coast Guard can only provide security zone along the Maryland enforcement of the security zone with minimal advance notice of activation. shoreline, designated the ‘‘Transit lane,’’ permission from the COTP or COTP’s The COTP Maryland-National Capital including a definition and the designated representative, (2) the Region will notify waterway users and restrictions that apply within the lane to security zone will be enforced only as the boating community of activation of waterway users. However, permission required by the USSS and for only the the security zone via Broadcast Notice for waterways users to operate within period of time necessary, and (3) the to Mariners (BNM), an information this lane will be determined by the release at the website: COTP, or designated representative. The 1 https://www.federalregister.gov/documents/ www.news.uscg.mil/Baltimore/ and by a public can learn the status of the 2011/01/21/2011-1385/improving-regulation-and- regulatory-review. recorded message at telephone number security zone via an information release 2 https://www.federalregister.gov/documents/ (410) 576–2675. As the commenter for the public via website 2017/02/03/2017-02451/reducing-regulation-and- stated in their comment, during recent www.news.uscg.mil/Baltimore/ and a controlling-regulatory-costs.

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COTP Maryland-National Capital A regulatory evaluation and geographic boundaries for the security Region will notify waterway users and Regulatory Flexibility Analysis follows zone which were published in the the boating community of the security and provides an evaluation of the interim final rule of March 21, 2019. zone via BNM, an information release at economic impacts associated with this These boundaries reflect changes from the website: www.news.uscg.mil/ rule. In this final rule, the Coast Guard the boundaries in the interim final rule Baltimore/ and a recorded message at affirms the revisions to the security zone of July 10, 2017. The following table telephone number (410) 576–2675. which were made in the 2019 interim provides a summary of the rule’s costs rule. This final rule also affirms the and qualitative benefits.

TABLE 1—SUMMARY OF THE RULE’S IMPACTS

Category Summary

Potentially Affected Population ...... Operators of summer camps; operators of kayak and watercraft instruction schools; recreational boaters in- cluding kayakers, water ski users, stand up paddle boarders (SUPs); fishermen; waterfowl hunters; non- profit organizations; exercisers, owners of residences near the area, political protesters as well as fed- eral agencies such as the Coast Guard and the USSS The rule also may indirectly impact some federal agencies. State 3 and local law enforcement and recreational/park authorities in the area may have inter- ests. Costs ...... Does not impose additional direct costs on the public or to the Coast Guard. Unquantified Benefits ...... * Reinforces an established Security Zone. * Helps secure area to meet objectives of the USSS.

Affected Population population in response to the March 21, including but not limited to kayaks, 2019, interim final rule. stand up paddleboards (SUPs) and inner The Coast Guard does not collect data The Coast Guard also sought an tubes. Therefore, the rule will apply to on the vessels and individuals that use estimate from its personnel who manage users of these types of vessels. this area of the Potomac River. Based on enforcement of the security zone. The Section 165.557(b) describes where comments to the Coast Guard’s original Coast Guard does not normally collect the security zone is located. Actions that interim final rule (dated July 10, 2017), data on the number of vessels and are necessitated when a security zone is the Coast Guard estimates that this rule individuals that use this area. Onsite declared are specified in existing affects recreational boaters including personnel estimated up to six regulations. Under 33 CFR 165.7(a), kayakers, personal water craft (PWCs) recreational vessels and up to 25 when the establishment of these limited operators,4 and stand up paddle kayakers transiting during the typical access areas occurs, notification may be boarders (SUPs); persons using the area enforcement of the security zone. made by marine broadcasts, local notice to mariners, local news media, for exercise activities; fishermen; Costs commercial vessel operators; and distribution in leaflet form, and on- political protesters. This final rule This final rule affirms the existing scene oral notice, as well as publication impacts the Coast Guard and the U.S. security zone established by the March in the Federal Register. Entering or Secret Service (USSS) directly. No 2019 interim rule (84 FR 10420, March remaining in the security zone is governmental jurisdictions at the State, 21, 2019). The security zone covers prohibited unless authorized by the Tribal or municipal level will be waters of the Potomac River next to COTP or a designated representative in impacted directly by this final rule. Trump National Golf Club at Potomac consultation with the USSS when the Falls, VA, and prevents waterside security zone is being enforced. Section Exact numbers are not available, but threats and incidents while persons 165.557(d) requires that the COTP the Coast Guard estimates the total size protected by the USSS are at the club. provide notice of enforcement of the of the population affected by this final It continues to prohibit vessels and security zone by Broadcast Notice to rule to be in the hundreds. The Coast people from entering the security zone Mariners, information release at the Guard attempted to collect further data unless specifically exempt under the website, and pre-recorded message at by using the U.S. Geological Survey’s provisions in this rule or granted telephone number, as well as on-scene satellite technology. The technology was specific permission from the COTP notice. not detailed enough to do a count of Maryland-National Capital Region or The Coast Guard received a comment individuals such as swimmers or inner designated representative. This final during the March 21, 2019, interim final tube users. Likewise, the technology rule also governs activities of vessels rule’s comment period on training. A was not precise enough to tally vessels and persons already in the security zone commenter 5 requested USCG conduct as small as a kayak or SUP. The when activated. This rule will not training for personnel. The Coast Guard comments suggested the number these require any entity to take action beyond conducts pre-mission briefings prior to vessels ranged from ‘‘a dozen’’ to what was already required under the each activation of the zone. In addition ‘‘thousands.’’ The most often cited of 2019 interim final rule. As a result, this to the pre-mission briefing, enforcement these estimates was ‘‘hundreds.’’ We final rule does not impose additional personnel are provided a written received no comments on affected direct costs on the public or to the Coast informational bulletin prior to each Guard. A description of the rule’s activation.6 The pre-mission briefings 3 The Potomac River falls in the State of provisions follows. Maryland. Maryland law enforcement personnel Section 165.557(a) establishes the 5 https://www.regulations.gov/document? and vessels (http://dnr.maryland.gov/nrp/Pages/ definitions. These definitions do not D=USCG-2017-0448-0645. default.aspx) of the Maryland Natural Resources add direct cost to the public or 6 This paperwork task is exempt from the Police (MNRP) have participated in past security Government. The definition of ‘‘vessel’’ requirements of the Paperwork Reduction Act of zone enforcements. A CG officer will deploy on a 1995 (44 U.S.C. 3501–3520) because the material is MNRP boat during an enforcement. establishes the applicability of these produced by Federal personnel and distributed to 4 Predominately this includes jet ski users. regulations to a multitude of watercraft Federal personnel.

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are conducted by a Coast Guard officer The Coast Guard considered issuing a 2019 interim final rule and this final (O–3) and are attended by Coast Guard rulemaking that did not require any rule. This alternative would have personnel ranking from E–4 to O–3, and vessel to obtain permission from the excluded a provision which was favored may also be attended voluntarily by COTP or the designated representative by the public 7 and is part of the local law enforcement and USSS prior to entering the transit lane. But, preferred alternative (i.e., the 2019 IFR personnel. This pre-mission briefing the Coast Guard rejected this option and this final rule). The alternative may occur as part of other briefing tasks. because this approach would would have restricted a larger area of The final rule may result in indirect undermine the security measures this the river and would have had a greater costs to the public in the form of rule intends to provide. This option impact on the public. This alternative opportunity costs for lost leisure time to would have allowed persons with would not provide any increased access to the restricted area of the harmful intent immediate access to the security over the preferred alternative Potomac River. Onsite Coast Guard Trump National Golf Club shoreline adopted in this final rule. For these personnel have reported that no queue while USSS protectees were present. reasons, the Coast Guard chose to adopt of recreational or commercial vessels Instead, the Coast Guard chose to the less restrictive 2019 interim final has occurred with previous enactments continue to allow vessels to use the rule. of the security zone. For this reason, the transit lane as conditions permit and The preferred alternative (this final Coast Guard has not computed a cost of with approval from the COTP or rule) affirms the establishment of a the final rule for this issue. designated representative. This helps security zone with a transit lane to With regard to the other effects of the the Coast Guard manage waterborne accommodate the public, in the same final rule’s provisions, the final rule security risk by maintaining positive configuration that was established by does result in actions being taken by the control of entry into the zone and the 2019 interim rule. This final rule Coast Guard and USSS directly, but it keeping a minimum stand-off distance also affirms the communication does not result in any new costs or from the Virginia shoreline for all methods the Coast Guard will use to burdens. The impact that this final rule vessels. inform the public about the rule’s will have on these two Federal agencies Alternative 2: Issue a rule that would enforcement. is considered part of their mission and not require human-powered vessels to responsibility, and thus part of their get permission from the Coast Guard B. Impact on Small Entities current responsibilities to the public prior to entering the transit lane, with or Under the Regulatory Flexibility Act, and other Federal entities. without changes to the zone’s 5 U.S.C. 601–612, we considered boundaries described in the July 10, whether this final rule will have a Benefits 2017, interim final rule. significant economic impact on a This security zone is necessary to The Coast Guard considered substantial number of small entities. prevent waterside threats and incidents amending the security zone to require The term ‘‘small entities’’ comprises for events held at Trump National Golf only powered vessels to get permission small businesses, not-for-profit Clubhouse when persons protected by from the COTP or the designated organizations that are independently the USSS are at the club. representative prior to entering the owned and operated and are not No comments on the benefits of the transit lane. Under this option, human- dominant in their fields, and rulemaking were received in response to powered vessels such as kayaks, canoes, governmental jurisdictions with the March 21, 2019, interim final rule. and paddleboards would not need populations of fewer than 50,000 permission from the COTP or Regulatory Alternatives Considered people. designated representative before As described in the ‘‘Regulatory The Coast Guard considered whether entering the transit lane. We rejected Planning and Review’’ section, the Coast any alternative could accomplish the this option because this approach would Guard expects this final rule to result no stated objectives and minimize any have undermined the security measures direct costs to any entities, including significant economic impact on small this final rule intends to provide. An small entities. There are potential entities. In developing this final rule, exemption for paddle craft would allow indirect costs for some entities. The the Coast Guard considered the persons with harmful intent immediate affected population for the indirect costs following alternatives: access to the Trump National Golf Club consists of private individuals who own (1) Issue a rule that would not require shoreline while USSS protectees were recreational vessels or who engage in any vessel to get permission from the present. Instead, the Coast Guard will recreational activities in this area of the Coast Guard prior to entering the transit continue maintaining a shoreline-to- Potomac River, commercial entities and lane, with or without changes to the shoreline security zone activated when nonprofits which have activities or zone’s boundaries described in the July USSS protectees are present and will operate vessels in this area of the 10, 2017, interim final rule. continue to allow vessels to use the Potomac and governmental entities. (2) Issue a rule that would not require transit lane as conditions permit. This Although some owners or operators of human-powered vessels to get helps the Coast Guard manage vessels intending to transit the security permission from the Coast Guard prior waterborne security risk by maintaining zone may be small entities, for the to entering the transit lane, with or positive control of entry into the zone reasons stated in Section V.A above, this without changes to the zone’s and keeping a minimum stand-off rule will not have a significant boundaries described in the July 10, distance from the Virginia shoreline for economic impact on any vessel owner 2017, interim final rule. all vessels. or operator. No governmental (3) Return boundaries to the July 10, Alternative 3: Return boundaries to 2017, interim final rule. the July 10, 2017, interim final rule. 7 Commenters (USCG–2017–0448–0059, USCG– Alternative 1: Issue a rule that would The Coast Guard considered issuing a 2017–0448–0038, USCG–2017–0448–0008, USCG– not require any vessel to get permission rule which would have used the 2017–0448–0067, USCG–2017–0448–0050, USCG– from the Coast Guard prior to entering boundaries as promulgated in the 2017–0448–0144, USCG–2017–0448–0099, USCG– 2017–0448–0104, USCG–2017–0448–0172, USCG– the transit lane, with or without changes interim final rule of July 10, 2017. The 2017–0448–0183) supported a transit lane; albeit it to the zone’s boundaries described in boundaries of the 2017 interim final rule may have not been referred to as such in their the July 10, 2017, interim final rule. are wider than the boundaries of the comments.

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jurisdictions at the State, Tribal or we do discuss the effects of this rule any Coast Guard commissioned, warrant municipal level will be impacted elsewhere in this preamble. or petty officer who has been authorized directly by this final rule. Thus, the by the Captain of the Port to act on his F. Environment compliance with this final rule does not or her behalf. represent a significant economic impact The Coast Guard has analyzed this Designated representative means a on small entities. rule under Department of Homeland Coast Guard commissioned, warrant, or The Coast Guard received no Security Directive 023–01, Rev. 1, petty officer who has been authorized comments on its small entities analysis associated implementing instructions, by the Captain of the Port to enforce the in the March 21, 2019, interim final and Environmental Planning security zone described in paragraph rule. COMDTINST 5090.1 (series), which (b)(1) of this section. The Coast Guard received no guide the Coast Guard in complying Public vessel has the same meaning as comments from the Small Business with the National Environmental Policy that term is defined under 46 U.S.C. Administration on this rulemaking. The Act of 1969(42 U.S.C. 4321–4370f), and 2101. (b) Location. Coordinates used in this Coast Guard certifies under 5 U.S.C. has determined that this action is one of section are based on datum NAD 83. 605(b) that this final rule will not have a category of actions that do not individually or cumulatively have a (1) Security zone. The following area a significant economic impact on a is a security zone: All navigable waters substantial number of small entities. significant effect on the human environment. This rule involves a of the Potomac River, from shoreline to C. Collection of Information security zone that prohibits entry on shoreline, within an area bounded on specified waters of the Potomac River the west by a line connecting the This rule will not call for a new following points: Latitude 39°03′44.7″ collection of information under the during frequently occurring heightened ° ′ ″ security events. It is categorically N, longitude 077 21 47 W, thence north Paperwork Reduction Act of 1995 (44 to latitude 39°04′03″ N, longitude U.S.C. 3501–3520). excluded from further review under ° ′ ″ paragraph L60(a) of Appendix A, Table 077 21 47 W, and bounded on the east D. Federalism and Tribal Governments 1 of DHS Instruction Manual 023–01– by a line connecting the following points: Latitude 39°04′04″ N, longitude A rule has implications for federalism 001–01, Rev. 1. A Record of ° ′ ″ Environmental Consideration 077 19 58 W, thence south to latitude under Executive Order 13132, 39°03′41.35″ N, longitude 077°20′05.30″ Federalism, if it has a substantial direct supporting this determination is available in the docket where indicated W. effect on the States, on the relationship (2) Transit lane. All waters within the under ADDRESSES. between the national government and Potomac River, contiguous with the the States, or on the distribution of G. Protest Activities Maryland shoreline and extending out power and responsibilities among the into the Potomac River approximately various levels of government. We have The Coast Guard respects the First Amendment rights of protesters. 250 yards, within an area bounded by a analyzed this rule under that Order and line connecting the following points: have determined that it is consistent Protesters are asked to contact the person listed in the FOR FURTHER Beginning at the Maryland shoreline at with the fundamental federalism ° ′ ″ INFORMATION CONTACT section to latitude 39 04 03 N, longitude principles and preemption requirements ° ′ ″ coordinate protest activities so that your 077 21 47 W, thence south to latitude described in Executive Order 13132. ° ′ ″ ° ′ ″ message can be received without 39 03 55.3 N, longitude 077 21 47 W, Also, this rule does not have Tribal ° ′ ″ jeopardizing the safety or security of thence east to latitude 39 03 56.8 N, implications under Executive Order ° ′ ″ people, places or vessels. longitude 077 20 00.3 W, thence north 13175, Consultation and Coordination to the Maryland shoreline at latitude with Indian Tribal Governments, List of Subjects in 33 CFR Part 165 39°04′04″ N, longitude 077°19′58″ W, because it does not have a substantial Harbors, Marine safety, Navigation thence back along the shoreline to the direct effect on one or more Tribal (water), Reporting and recordkeeping originating point. governments, on the relationship requirements, Security measures, (c) Regulations. The general security between the Federal Government and Waterways. zone regulations found in § 165.33 Tribal governments, or on the For the reasons stated in the apply to the security zone created by distribution of power and preamble, the Coast Guard amends 33 this section. responsibilities between the Federal U.S.C. part 165 as follows: (1) Except for public vessels, entry Government and Tribal governments. If into or remaining in the security zone you believe this rule has implications PART 165—REGULATED NAVIGATION described in paragraph (b)(1) of this for federalism or Tribal relationships, AREAS AND LIMITED ACCESS AREAS section is prohibited unless authorized please contact the person listed in the by the COTP or designated FOR FURTHER INFORMATION CONTACT ■ 1. The authority citation for part 165 representative when the aforementioned section. continues to read as follows: security zone is being enforced. At the E. Unfunded Mandates Reform Act Authority: 46 U.S.C. 70034, 70051; 33 CFR start of each enforcement, all persons 1.05–1, 6.04–1, 6.04–6, and 160.5; and vessels within the security zone The Unfunded Mandates Reform Act Department of Homeland Security Delegation must depart the zone immediately or of 1995 (2 U.S.C. 1531–1538) requires No. 0170.1. obtain authorization from the COTP or Federal agencies to assess the effects of ■ 2. Revise § 165.557 to read as follows: designated representative to remain their discretionary regulatory actions. In within the zone. All vessels authorized particular, the Act addresses actions § 165.557 Security Zone; Potomac River, to remain in the zone shall proceed as that may result in the expenditure by a Montgomery County, MD. directed by the COTP or designated State, local, or tribal government, in the (a) Definitions. As used in this representative. aggregate, or by the private sector of section: (2) Persons and vessel operators who $100,000,000 (adjusted for inflation) or Captain of the Port (COTP) means the intend to enter or transit the security more in any one year. Though this rule Commander, U.S. Coast Guard Sector zone while the zone is being enforced will not result in such an expenditure, Maryland-National Capital Region or must obtain authorization from the

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COTP or designated representative. other appropriate means in accordance compliance with FOIA. The revisions to Access to the zone will be determined with § 165.7. the rule: by the COTP or designated Dated: April 27, 2020. • Update the description of and representative on a case-by-case basis Joseph B. Loring, contact information for ABMC and the when the zone is enforced. Persons and Captain, U.S. Coast Guard, Captain of the ABMC FOIA Office. vessel operators requesting permission Port Maryland-National Capital Region. • Require ABMC to make available to enter or transit the security zone may [FR Doc. 2020–10152 Filed 5–15–20; 8:45 am] for public inspection in an electronic contact the COTP or designated BILLING CODE 9110–04–P format records that have been requested representative at telephone number three or more times. 410–576–2675, on marine band radio • Set forth verification of identity VHF–FM channel 16 (156.8 MHz), or by AMERICAN BATTLE MONUMENTS requirements for requesters making a visually or verbally hailing the on-scene COMMISSION request for records about himself or law enforcement vessel enforcing the another individual. zone. On-scene Coast Guard personnel 36 CFR Part 404 • Outline procedures for enforcing this section can be contacted RIN 3263–AA01 consultation, referral, and coordination on marine band radio, VHF–FM channel with other agencies when appropriate. 16 (156.8 MHz). The operator of a vessel ABMC FOIA Regulation • shall proceed as directed upon being Update procedures and time periods for appeals of denials of hailed by a U.S. Coast Guard vessel, or AGENCY: American Battle Monuments requests. other Federal, State, or local law Commission. • Notify requesters of their right to enforcement agency vessel, by siren, ACTION: Final rule. radio, flashing light, or other means. seek dispute resolution services from When authorized by the COTP or SUMMARY: This final rule amends the the Office of Government Information designated representative to enter the American Battle Monuments Services. security zone all persons and vessels Commission’s (ABMC) regulations Regulatory Procedures must comply with the instructions of under the Freedom of Information Act the COTP or designated representative (FOIA). The procedures and guidelines Executive Order 12866, Regulatory and proceed at the minimum speed have been revised for compliance with Planning and Review, and Executive necessary to maintain a safe course FOIA to incorporate changes required Order 13563, Improving Regulation and while within the security zone. by the FOIA Improvement Act of 2016 Regulatory Review (3) The transit lane, described in and applicable Department of Justice Executive Orders 12866 and 13563 paragraph (b)(2) of this section, is the Office of Information Policy guidance. direct agencies to assess all costs and only part of the security zone through DATES: This rule is effective May 18, benefits of available regulatory which persons and vessels may travel. 2020. alternatives and, if regulation is Before entering the transit lane, persons FOR FURTHER INFORMATION CONTACT: necessary, to select regulatory or vessels must have authorization as Edwin L. Fountain, General Counsel, approaches that maximize net benefits described in paragraph (c)(2) of this American Battle Monuments (including potential economic, section. All persons and vessels shall Commission, 2300 Clarendon environmental, public health and safety operate at bare steerage or no-wake Boulevard, Suite 500, Arlington, VA effects, distributive impacts, and speed while transiting through the lane, 22201, [email protected], 703–696– equity). Executive Order 13563 and must not loiter, stop, or anchor, 6907. emphasizes the importance of unless authorized or otherwise SUPPLEMENTARY INFORMATION: The quantifying both costs and benefits, of instructed by the COTP or a designated authority for this rulemaking is Section reducing costs, of harmonizing rules, representative. 3 of the FOIA Improvement Act of 2016, and of promoting flexibility. This rule (4) The U.S. Coast Guard may secure Public Law 114–185, 5 U.S.C. 552 note, benefits the public and the United the entire security zone, including which requires agencies to issue States Government by providing clear transit lane, if deemed necessary to regulations on procedures for the procedures for members of the public, address security threats or concerns. disclosure of records under FOIA in contractors, and employees to follow (5) The U.S. Coast Guard may be accordance with that Act. On February with regard to the ABMC privacy assisted by Federal, State, and local law 18, 2020 (85 FR 8783), the American program. This rule is not a significant enforcement agencies in the patrol and Battle Monuments Commission regulatory action under E.O. 12866. enforcement of the security zone published a notice of proposed Executive Order 13771, Reducing described in paragraph (b)(1) of this rulemaking (NPRM) to update and Regulations and Controlling Regulatory section. revise ABMC’s procedures and Costs (d) Enforcement. The Coast Guard guidelines for compliance with FOIA. activates the security zone when The Agency invited comments through This rule is not expected to be subject requested by the U.S. Secret Service for March 19, 2020. Interested persons were to the requirements of E.O. 13771 (82 FR the protection of individuals who afforded the opportunity to participate 9339, February 3, 2017) because this qualify for protection under 18 U.S.C in the rulemaking process through rule is not significant under E.O. 12866. 3056(a) or Presidential memorandum. submission of written comments to the Unfunded Mandates Reform Act The COTP will provide the public with proposed rule during the open comment notice of enforcement of security zone period. No comments were received by This rule will not result in the by Broadcast Notice to Mariners (BNM), the Agency. expenditure by State, local, and Tribal information release at the website: governments, in the aggregate, or by the www.news.uscg.mil/Baltimore/ and via Changes Proposed by ABMC in This private sector, of $100,000,000 or more a recorded message at telephone number Rulemaking in any one year, and it will not (410) 576–2675 as well as on-scene This action updates and revises significantly or uniquely affect small notice by designated representative or ABMC’s procedures and guidelines for governments.

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Public Law 96–354, Regulatory and in compliance with the (2) The American Battle Monuments Flexibility Act requirements of the Freedom of Commission makes available The ABMC certifies this rule is not Information Act (FOIA), 5 U.S.C. 552, as information pertaining to Commission subject to the Regulatory Flexibility Act amended. Nothing in this part shall be matters within the scope of 5 U.S.C. (5 U.S.C. Ch. 6) because it would not, construed to entitle any person to any 552(a)(2), including records that have if promulgated, have a significant service or to the disclosure of any record been requested three or more times, by economic impact on a substantial to which such person is not entitled publishing them electronically at the number of small entities. Therefore, the under the FOIA. The rules in this part ABMC home page at https:// Regulatory Flexibility Act, as amended, should be read in conjunction with the www.abmc.gov/foia. Additional does not require ABMC to prepare a text of the FOIA and the Uniform information may be found on the regulatory flexibility analysis. Freedom of Information Fee Schedule National FOIA Portal at https:// and Guidelines published by the Office www.foia.gov. Note: The ABMC.gov site Executive Order 13132, Federalism of Management and Budget (‘‘OMB provides all of the information the Executive Order 13132 establishes Guidelines’’). Commission has regarding burials at its certain requirements that an agency cemeteries. ABMC does not have service § 404.2 Authority and functions. records, casualty lists, or information on must meet when it promulgates a The general functions of the American proposed rule (and subsequent final burials within the United States. Battle Monuments Commission (ABMC (b) Requests. (1) Requesters must rule) that imposes substantial direct or Commission), as provided by statute, requirement costs on State and local provide contact information, such as 36 U.S.C. 2101 et seq., are to build and their phone number, email address, governments, preempts State law, or maintain suitable memorials otherwise has federalism implications. and/or mailing address, to assist ABMC commemorating the service of American in communicating with them and This rule will not have a substantial Armed Forces and to maintain effect on the States; the relationship providing released records. permanent American military (2)(i) Requests for records must between the National Government and cemeteries in foreign countries. reasonably describe the records sought. the States; or the distribution of power Requesters must describe the records and responsibilities among the various § 404.3 Organization. sought in sufficient detail to enable levels of Government. (a) Personnel. (1) The Commission is agency personnel to locate them with a Public Law 96–511, Paperwork composed of not more than 11 members reasonable amount of effort. To the Reduction Act appointed by the President. extent possible, requesters should (2) The day to day operation of the include specific information that may It has been determined that this rule Commission is under the direction of a help ABMC identify the requested does not impose reporting or record Secretary appointed by the President. records, such as the date, title or name, keeping requirements under the (3) Principal officials subordinate to author, recipient, subject matter, case Paperwork Reduction Act of 1995 (44 the Secretary include the Deputy number, file designation, or reference U.S.C. chapter 35). Secretary, Chief Operating Officer, Chief number. Before submitting their of Staff, Executive Officer, Chief Dated: April 23, 2020. requests, requesters may contact the Financial Officer, Chief of Human Robert J. Dalessandro, ABMC FOIA Assistant or FOIA Public Resources and Administration, Chief Deputy Secretary, ABMC. Liaison to discuss the records they seek Information Officer, Director of and to receive assistance in describing List of Subjects in 36 CFR Part 404 Cemetery Operations, Executive the records. Engineer, General Counsel, and Public Freedom of information. (ii) If a request does not reasonably Affairs Officer. ■ describe the records sought, response to For the reasons stated in the preamble, (4) The Commission also creates the request may be delayed. If, after ABMC revises 36 CFR part 404 to read temporary offices when tasked with as follows: major additional responsibilities not of receiving a request, ABMC determines a permanent nature. that the request does not reasonably Title 36: Parks, Forests, and Public describe the records sought, ABMC Property (b) Locations. (1) The principal office of the American Battle Monuments must inform the requester what PART 404—PROCEDURES AND Commission is located at 2300 additional information is needed or why GUIDELINES FOR COMPLIANCE WITH Clarendon Boulevard, Suite 500, the request is otherwise insufficient. THE FREEDOM OF INFORMATION ACT Arlington, VA 22201, (703) 696–6900. Requesters who are attempting to (2) The American Battle Monuments reformulate or modify such a request Sec. Commission maintains an overseas field may discuss their request with the FOIA 404.1 General. office in Paris, France, and cemetery Assistant or FOIA Public Liaison. 404.2 Authority and functions. offices at 25 locations in Belgium, (3) Requests may specify the preferred 404.3 Organization. France, Italy, Luxembourg, Mexico, the form or format (including electronic 404.4 Access to information. Netherlands, Panama, the Philippines, formats) for the records sought. ABMC 404.5 Inspection and copying. will accommodate the request if the 404.6 Definitions. Tunisia, and the United Kingdom. record is readily reproducible in that 404.7 Fees to be charged—general. § 404.4 Access to information. 404.8 Fees to be charged—categories of form or format. requesters. (a) Contact information. (1) (c) Responses to requests. (1) The 404.9 Miscellaneous fee provisions. Individuals wishing to file a request ABMC FOIA Office is responsible for 404.10 Waiver or reduction of charges. under the Freedom of Information Act responding to FOIA requests. Upon Authority: Pub. L. 114–185, 130 Stat. 538 (FOIA) should address their request in receipt of any perfected request for (5 U.S.C. 552 note). writing to the FOIA Office, American records, the FOIA Office will determine Battle Monuments Commission, 2300 within 20 days (excepting Saturdays, § 404.1 General. Clarendon Boulevard, Suite 500, Sundays, and legal public holidays) of The information in this part is Arlington, VA 22201, or to FOIA@ the date the request is received in the furnished for the guidance of the public abmc.gov, or via https://www.foia.gov. FOIA Office whether it is appropriate to

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grant the request and will immediately to seek assistance from ABMC’s FOIA (2) Referral. When an ABMC record provide written notification to the Public Liaison to resolve any disputes originated with a different agency or person making the request. between the requester and ABMC, or to contains significant information that (2) ABMC responds to requests in the seek dispute resolution services from originated with a different agency, or order of receipt, using multitrack the Office of Government Information when ABMC believes that a different processing. Tracks include simple, and Services. agency is best able to determine whether complex, based on whether unusual (3) Before issuing a written notice to disclose a record, ABMC typically circumstances apply (see paragraph (d) extending time limits, the agency shall should refer the responsibility for of this section), the volume of potential provide the person an opportunity to responding to the request regarding that records, the need for consultation or limit the scope of the request so that it record to that agency. When ABMC referral, and the amount of work or time may be processed within that time limit refers any part of the responsibility for needed to process the request. or an opportunity to arrange with the responding to a request to another (3) ABMC will acknowledge requests agency an alternative time frame for agency, it must document and maintain with a tracking number, summary of the processing the request or a modified a copy of the record, and notify the request, estimated completion dates, request. requester of the referral, informing the track information, the opportunity to (4) When ABMC reasonably believes requester of the name of the agency and narrow or modify the scope, and contact that a requester, or a group of requestors FOIA contact information. information for the FOIA Public Liaison. acting in concert, has submitted (3) Classified information. On receipt (4) In determining which records are requests that constitute a single request, of any request involving classified responsive to a request, ABMC involving clearly related matters, ABMC information, ABMC must determine ordinarily will include only records in may aggregate those requests for whether the information is currently its possession as of the date that it purposes of this paragraph (d). One and properly classified in accordance begins its search. If any other date is element to be considered in determining with applicable classification rules. used, ABMC must inform the requester whether a belief would be reasonable is ABMC must refer the responsibility for of that date. the time period over which the requests responding to the request regarding that (d) Extending time limits. If the ABMC have occurred. information to the agency that classified (5) If ABMC fails to comply with the FOIA Office determines that unusual the information, or that should consider extended time limit, it may not charge circumstances apply to the processing of the information for classification. search fees (or for requesters with a request, and provides timely written (f) Expedited processing. (1) Requests notice to the requester, ABMC may preferred fee status, may not charge duplication fees), except if unusual and appeals will be taken out of order extend the time limits prescribed in and given expedited treatment paragraphs (c) and (h) of this section for circumstances apply and more than 5,000 pages are necessary to respond to whenever it is determined that they not more than 10 days (excepting involve: Saturdays, Sundays, or legal public the request, ABMC may charge search (i) Circumstances in which the lack of holidays). Where unusual circumstances fees (or, for requesters in preferred fee expedited treatment could reasonably be merit an extension of more than 10 status, may charge duplication fees) if expected to pose an imminent threat to working days, ABMC will provide the timely written notice has been made to the life or physical safety of an requester with an opportunity to modify the requester and ABMC has discussed individual; the request or arrange an alternative with the requester (or made not less (ii) An urgency to inform the public time period for processing the original than 3 good-faith attempts to do so) how about an actual or alleged Federal or modified request. the requester could effectively limit the (1) As used in this paragraph (d), but scope of the request. Government activity, beyond the only to the extent reasonably necessary (6) If a court determines that public’s right to know about to the proper processing of the exceptional circumstances exist, Government activity generally, if made particular request, the term unusual ABMC’s failure to comply with a time by a person primarily engaged in circumstances means: limit shall be excused for the length of disseminating information; (i) The need to search for and collect time provided by the court order. (iii) The loss of substantial due the requested records from Refusal by the person to reasonably process rights; or establishments that are separated from modify the request or arrange such an (iv) A matter of widespread and the office processing the request; alternative time frame shall be exceptional media interest in which (ii) The need to search for, collect, considered as a factor in determining there exist possible questions about the and appropriately examine a whether exceptional circumstances Government’s integrity which affect voluminous amount of separate and exist. public confidence. distinct records which are demanded in (e) Consultation, referral, and (2) A request for expedited processing a single request; or classified information. When reviewing may be made at the time of the initial (ii) The need for consultation, which records located in response to a request, request for records or at any later time. shall be conducted with all practicable ABMC will determine whether another A request must include a statement, speed, with another agency having a agency of the Federal Government is certified to be true and correct to the substantial interest in the determination better able to determine whether the best of that person’s knowledge and of the request or among two or more record is exempt from disclosure under belief, explaining in detail the basis for components of the agency which have a the FOIA. As to any such record, the requesting expedited processing. substantial subject matter interest ABMC must proceed in one of the (3) Within 10 days of receipt of a therein. following ways: request for expedited processing, ABMC (2) Extensions will be by written (1) Consultation. When ABMC records will decide whether to grant it and will notice to the persons making the contain within them information of notify the requester of the decision. If a request. The notice of extension will set interest to another agency, ABMC request for expedited treatment is forth the reasons for the extension and should typically consult with that other granted, the request will be given the date the determination is expected, agency prior to making a release priority and will be processed as soon and will notify the requester of the right determination. as practicable. If a request for expedited

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processing is denied, any appeal of that the denial is upheld in whole or in part, should be distinguished, moreover, from decision will be acted on expeditiously. the written determination will also review of material in order to determine (g) Grants and denials of requests. (1) contain a notification of the provisions whether the material is exempt from Once ABMC determines it will grant a for judicial review and contact disclosure (see paragraph (f) of this request in full or in part, it shall notify information for OGIS dispute resolution section). the requester in writing. ABMC must services. An appeal ordinarily will not (d) The term duplication means the also inform the requester of any fees be adjudicated if the request becomes a making of a copy of a document, or of charged under § 404.10 and must matter of FOIA litigation. the information contained in it, disclose the requested records to the necessary to respond to a FOIA request. requester promptly upon payment of § 404.5 Inspection and copying. Such copies can take the form of paper, any applicable fees. ABMC must inform When a request for information has microform, audio-visual materials, or the requester of the availability of its been approved pursuant to § 404.4, the electronic records (e.g., magnetic tape or FOIA Public Liaison to offer assistance. person making the request may make an disk), among others. The requester’s (2) ABMC may provide interim appointment to inspect or copy the specified preference of form or format of releases for voluminous requests. materials requested during regular disclosure will be honored if the record (3) If ABMC determines that a full business hours by writing or is readily reproducible in that format. disclosure of a requested record is not telephoning the FOIA Officer at the (e) The term review refers to the possible, it will consider whether partial address or telephone number listed in process of examining documents located disclosure of information is possible. § 404.4(b). Such materials may be in response to a request to determine Records disclosed in part will be copied and reasonable facilities will be whether any portion of any document marked clearly to show the amount of made available for that purpose. Copies located is permitted to be withheld. It information deleted and the exemption of individual pages of such materials also includes processing any documents under which the deletion was made, will be made available at the price per for disclosure, e.g., doing all that is unless doing so would harm an interest page specified in § 404.7(d); however, necessary to excise them and otherwise protected by an applicable exemption. the right is reserved to limit to a prepare them for release. Review does The location of the information deleted reasonable quantity the copies of such not include time spent resolving general will also be indicated on the record, if materials which may be made available legal or policy issues regarding the technically feasible. in this manner when copies also are (4) If the request is denied, in part or application of exemptions. offered for sale by the Superintendent of (f) The term commercial use request in full, the written notification to the Documents. requester shall include the reasons for refers to a request from or on behalf of the denial and the estimated volume § 404.6 Definitions. one who seeks information for a use or withheld (unless indicated via For the purpose of this part: purpose that furthers the commercial, markings, or if providing such an (a) All the terms defined in the trade, or profit interests of the requester estimate would harm an interest Freedom of Information Act apply. or the person on whose behalf the protected by an exemption). The (b) The term direct costs means those request is made. In determining whether notification must inform the requester expenditures that ABMC actually incurs a requester properly belongs in this of: in searching for and duplicating (and in category, ABMC must determine the use (i) The requester’s right to seek the case of commercial requesters, to which a requester will put the assistance from ABMC’s FOIA Public reviewing) documents to respond to a documents requested. Moreover, where Liaison; FOIA request. Direct costs include, for an ABMC employee has reasonable (ii) The requester’s right to lodge an example, the salary of the employee cause to doubt the use to which a appeal with ABMC within 90 days after performing work (the basic rate of pay requester will put the records sought, or the date of the denial; and for the employee plus 16 percent of that where that use is not clear from the (iii) The requester’s right to seek rate to cover benefits) and the cost of request itself, the employee should seek dispute resolution services from the operating duplicating machinery. Not additional clarification before assigning Office of Government Information included in direct costs are overhead the request to a specific category. Services (OGIS). expenses such as costs of space, and (g) The term educational institution (h) Appeals. Appeals shall be set forth heating or lighting the facility in which refers to a school that operates a in writing within 90 days of receipt of the records are stored. program of scholarly research. A a denial and addressed to the FOIA (c) The term search means the process requester in this fee category must show Office at the address specified in of looking for and retrieving records or that the request is made in connection paragraph (a) of this section. The appeal information responsive to a request. It with his or her role at the educational should clearly identify the agency includes page-by-page or line-by-line institution. Agencies may seek determination that is being appealed identification of information within verification from the requester that the and the assigned request number. To records and also includes reasonable request is in furtherance of scholarly facilitate handling, the requester should efforts to locate and retrieve information research and agencies will advise mark both the appeal letter and from records maintained in electronic requesters of their placement in this envelope, or subject line of the form or format. ABMC employees category. electronic transmission, ‘‘Freedom of should ensure that searching for (h) The term non-commercial Information Act Appeal.’’ The appeal material is done in the most efficient scientific institution refers to an shall include a statement explaining the and least expensive manner so as to institution that is not operated on a basis for the appeal. Appeals will be minimize costs for both the agency and commercial basis (as that term is adjudicated by the ABMC Secretary, or the requester. For example, employees referenced in paragraph (g) of this his designee, and the adjudication will should not engage in line-by-line search section), and that is operated solely for be set forth in writing within 20 days of when merely duplicating an entire the purpose of conducting scientific receipt of the appeal in the ABMC FOIA document would prove the less research the results of which are not Office (excepting Saturdays, Sundays, expensive and quicker method of intended to promote any particular and legal public holidays). If, on appeal, complying with a request. Search product or industry.

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(i) The term representative of the ABMC analyzes the applicability of a (1) The elements to be considered in news media refers to any person or specific exemption to a particular record determining the cost of collecting a fee entity that gathers information of or portion of a record. Records or are the administrative costs of receiving potential interest to a segment of the portions of records withheld in full and recording a requester’s remittance, public, uses its editorial skills to turn under an exemption that is and processing the fee for deposit in the the raw materials into a distinct work, subsequently determined not to apply Treasury Department’s special account. and distributes that work to an may be reviewed again to determine the (2) For purposes of the restrictions on audience. The term ‘‘news’’ means applicability of other exemptions not assessment of fees in this paragraph (g), information that is about current events previously considered. The costs for the word pages refers to paper copies of or that would be of current interest to such a subsequent review is assessable. 81⁄2 × 11 or 11 × 14. Thus, requesters are the public. Examples of news media (d) Duplication of records. Records not entitled to 100 microfiche or 100 entities include television or radio will be duplicated at a rate of $.10 per computer disks, for example. A stations that broadcast news to the page. For copies prepared by computer, microfiche containing the equivalent of public at large, and publishers of such as tapes or printouts, ABMC shall 100 pages or 100 pages of computer periodicals that disseminate ‘‘news’’ charge the actual cost, including printout, does meet the terms of the and make their products available operator time, of production of the tape restriction. through a variety of means to the or printout. For other methods of (3) Similarly, the term search time in general public, including news reproduction or duplication, ABMC will this paragraph (g) has as its basis, organizations that disseminate solely on charge the actual direct costs of manual search. To apply this term to the internet. ‘‘Freelance’’ journalists producing the document(s). If ABMC searches made by computer, ABMC will who demonstrate a solid basis for estimates that duplication charges are determine the hourly cost of operating expecting publication through a news likely to exceed $25, it shall notify the the central processing unit and the media entity will be considered as a requester of the estimated amount of operator’s hourly salary plus 16 percent. representative of the news media. A fees, unless the requester has indicated When the cost of search equals the publishing contract would provide the in advance his willingness to pay fees equivalent dollar amount of two hours clearest evidence that publication is as high as those anticipated. Such a of the salary of the person performing expected; however, agencies can also notice shall offer a requester the the search, i.e., the operator, ABMC will consider a requester’s past publication opportunity to confer with agency begin assessing charges. record in making this determination. personnel with the object of § 404.8 Fees to be charged—categories of Agencies will advise requesters of their reformulating the request to meet his or placement in this category. A request for requesters. her needs at a lower cost. For purposes of assessing fees, the records supporting the news- (e) Other charges. (1) When it elects dissemination function of the requester FOIA establishes four categories of to charge them, ABMC will recover the requesters: Commercial use requesters, will not be considered to be for a full costs of providing services such as commercial use. educational and non-commercial certifying that records are true copies or scientific institution requesters; news § 404.7 Fees to be charged—general. sending records by special methods media requesters, and all other ABMC shall charge fees that recoup such as express mail. requesters. the full allowable direct costs it incurs. (2) For requests that require the (a) Commercial use requesters. When ABMC will collect all applicable fees retrieval of records stored by an agency ABMC receives a request for documents before sending copies of records to the at a Federal records center operated by for commercial use, it will assess requester. Moreover, it shall use the the National Archives and Records charges that recover the full direct costs most efficient and least costly methods Administration (NARA), ABMC will of searching for, reviewing for release, to comply with requests for documents charge additional costs in accordance and duplicating the records sought. made under the FOIA. ABMC may with the Transactional Billing Rate Commercial use requesters are not recover the cost of searching for and Schedule established by NARA. entitled to 2 hours of free search time reviewing records even if there is (f) Payment of fees. Remittances shall nor 100 free pages of reproduction of ultimately no disclosure of records. be in the form either of a personal check documents. (a) Manual searches for records. or bank draft drawn on a bank in the (b) Educational and noncommercial ABMC will charge at the salary rate(s) United States, or a postal money order. scientific institution requesters. (i.e., basic pay plus 16 percent) of the Remittances shall be made payable to Requesters in this category who meet employee(s) making the search. the order of the Treasury of the United the criteria in § 404.6(g) or (h) are (b) Computer searches for records. States and mailed to the FOIA Officer, entitled to two free hours of search time ABMC will charge at the salary rate(s) American Battle Monuments and the first 100 pages of duplication (i.e., basic pay plus 16 percent) of the Commission, 2300 Clarendon Blvd., without charge. To be eligible for employee(s) making the search. Before Suite 500, Arlington, VA 22201. A inclusion in this category, a requester assessing fees associated with creating a receipt for fees paid will be given upon must show that the request is authorized new computer program, ABMC will request. by and under the auspices of a ensure that requester is first notified and (g) Restrictions on assessing fees. qualifying institution and that the agrees to pay such fees, pursuant to With the exception of requesters seeking records are not sought for a commercial paragraph (g)(3) of this section. documents for a commercial use, ABMC use, but are sought in furtherance of (c) Review of records. Only requesters will provide the first 100 pages of scholarly (if the request is from an who are seeking documents for duplication and the first 2 hours of educational institution) or scientific (if commercial use may be charged for time search time without charge. Moreover, the request is from a non-commercial spent reviewing records to determine ABMC will not charge fees to any scientific institution) research. whether they are exempt from requester, including commercial use (c) Requesters who are representatives mandatory disclosure. Charges may be requesters, if the cost of collecting a fee of the news media. Requesters in this assessed only for the initial review; i.e., would be equal to or greater than the fee category who meet the criteria in the review undertaken the first time itself. § 404.6(i) are entitled to two free hours

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of search time and the first 100 pages of may be required to pay are likely to interest because it is likely to contribute duplication without charge. To be exceed $250. Then, ABMC will notify significantly to public understanding of eligible for inclusion in this category, a the requester of the likely cost and the operations or activities of the requester must show that the records are obtain satisfactory assurance of full Government and is not primarily in the not sought for a commercial use, but are payment where the requester has a commercial interest of the requester. sought in furtherance of the news history of prompt payment of FOIA fees, (a) ABMC will waive its fees in whole dissemination function of the requester. or require an advance payment of an (d) All other requesters. ABMC shall amount up to the full estimated charges or in part when it determines, based on charge requesters who do not fit into in the case of requesters with no history all available information, that the any of the categories in paragraphs (a) of payment; or following factors are satisfied: through (c) of this section fees that (2) A requester has previously failed (1) Disclosure of the requested recover the full reasonable direct cost of to pay a fee charged in a timely fashion information will shed light on searching for and reproducing records (i.e., within 30 days of the date of the identifiable operations or activities of that are responsive to the request, billing). Then, ABMC may require the the Federal Government with a except that the first 100 pages of requester to pay the full amount owed connection that is direct and clear, not reproduction and the first 2 hours of plus any applicable interest as provided remote or attenuated. search time shall be furnished without in paragraph (a) of this seciton or charge. demonstrate that he or she has, in fact, (2) The disclosure will contribute to paid the fee, and to make an advance the understanding of a reasonably broad § 404.9 Miscellaneous fee provisions. payment of the full amount of the audience of persons interested in the (a) Charging interest—notice and rate. estimated fee before the agency begins subject, as opposed to the individual ABMC may begin assessing interest to process a new request or a pending understanding of the requester. ABMC charges on an unpaid bill starting on the request from that requester. will consider the requester’s expertise in 31st day following the day on which the (3) When ABMC acts under paragraph the subject area as well as the billing was sent. The fact that the fee (d)(1) or (2) of this section, the requester’s ability and intention to has been received by ABMC within the administrative time limits prescribed in effectively convey information to the 30-day grace period, even if not the FOIA, 5 U.S.C. 552(a)(6) (i.e., 20 public. ABMC will presume that a processed, will suffice to stay the working days from receipt of initial representative of the news media accrual of interest. Interest will be at the requests and 20 working days from satisfies this consideration. rate prescribed in 31 U.S.C. 3717 and receipt of appeals from initial denial, (3) The disclosure is not primarily in will accrue from the date of the billing. plus permissible extensions of these the commercial interest of the requester. (b) Charges for unsuccessful search. time limits), will begin only after ABMC ABMC may assess charges for time has received fee payments described in Requesters will be given an opportunity spent searching, even if it fails to locate paragraphs (d)(1) and (2) of this section. to provide explanatory information the records or if records located are (e) Effect of the Debt Collection Act. regarding this consideration. ABMC determined to be exempt from ABMC will comply with provisions of ordinarily will presume that when a disclosure. If ABMC estimates that the Debt Collection Act of 1982 (Pub. L. news media requester has satisfied search charges are likely to exceed $25, 97–365), including disclosure to factors in paragraphs (a)(1) and (2) of it shall notify the requester of the consumer reporting agencies and use of this section, the request is not primarily estimated amount of fees, unless the collection agencies, where appropriate, in the commercial interest of the requester has indicated in advance his to encourage repayment. requester. or her willingness to pay fees as high as (f) Tolling. If the requester has (b) Where only some of the records to those anticipated. Such a notice shall indicated a willingness to pay some be released satisfy the requirements for offer the requester the opportunity to designated amount of fees, but the a waiver of fees, a waiver must be confer with agency personnel with the ABMC estimates that the total fee will granted for those records. object of reformulating the request to exceed that amount, ABMC will toll the meet his or her needs at a lower cost. processing of the request when it (c) Requests for a waiver or reduction (c) Aggregating requests. A requester notifies the requester of the estimated of fees should be made when the request may not file multiple requests at the fees in excess of the amount the is first submitted to the agency and same time, each seeking portions of a requester has indicated a willingness to should address the criteria referenced in document or documents, solely in order pay. The agency will inquire whether paragraph (a) of this section. A requester to avoid payment of fees. When ABMC the requester wishes to revise the may submit a fee waiver request at a reasonably believes that a requester, or amount of fees the requester is willing later time so long as the underlying a group of requestors acting in concert, to pay or modify the request. Once the record request is pending or on has submitted requests that constitute a requester responds, the time to respond administrative appeal. When a requester single request, involving clearly related will resume from where it was at the who has committed to pay fees matters, ABMC may aggregate those date of the notification. subsequently asks for a waiver of those requests and charge accordingly. One (g) Reducing costs. At any time a fees and that waiver is denied, the element to be considered in determining request may contact the ABMC FOIA requester must pay any costs incurred whether a belief would be reasonable is Public Liaison or other FOIA up to the date the fee waiver request the time period over which the requests professional to assist in reformulating a was received. have occurred. request to meet the requester’s needs at (d) Advance payments. ABMC may a lower cost. [FR Doc. 2020–09097 Filed 5–15–20; 8:45 am] not require a requester to make an BILLING CODE 6120–01–P advance payment, i.e., payment before § 404.10 Waiver or reduction of charges. work is commenced or continued on a Requesters may seek a waiver of fees request, unless: by submitting a written application (1) ABMC estimates or determines demonstrating how disclosure of the that allowable charges that a requester requested information is in the public

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ENVIRONMENTAL PROTECTION consisting of a negative declaration for Amendments,1 the 2006 RACT Q&A AGENCY the 2016 Oil and Gas CTG. Memo,2 and the 2008 Ozone Per the 2016 Oil and Gas CTG, the oil Implementation Rule.3 In each of these 40 CFR Part 52 and natural gas industry includes oil documents, EPA asserted that if no [EPA–R02–OAR–2019–0674; FRL–10007– and natural gas operations involved in sources exist in the nonattainment area 94–Region 2] the extraction and production of crude for a particular CTG category, the state oil and natural gas, as well as the would be allowed to submit a negative Approval and Promulgation of processing, transmission, storage, and declaration SIP revision. Implementation Plans; New Jersey; distribution of natural gas. For oil, the Nothing in the Clean Air Act (CAA) Negative Declaration industry includes all operations from or EPA’s implementing rules or the well to the point of custody transfer guidance suggests that states must have AGENCY: Environmental Protection at a petroleum refinery. For natural gas, a SIP approved regulation for a category Agency (EPA). the industry includes all operations of CTG sources that does not exist in the ACTION: Final rule. from the well to the customer. state. Should a new source of the type The NJDEP cross referenced the covered by the existing CTG be SUMMARY: The Environmental Protection source operations covered in the 2016 constructed in a state after approval of Agency (EPA) is approving a State Oil and Gas CTG and its applicability to a negative declaration, EPA expects the Implementation Plan (SIP) revision New Jersey. New Jersey asserts that state to develop a regulation and submit submitted by the State of New Jersey for there are no sources within its it to EPA for approval into the SIP in purposes of making a negative respective State that would be subject to accordance with the relevant timing declaration regarding the October 2016 the 2016 Oil and Gas CTG. New Jersey provided for by the CAA. At this time, Oil and Natural Gas Control Techniques asserts that it is not anticipated that because New Jersey does not have any Guidelines (2016 Oil and Gas CTG). crude oil or natural gas extraction will sources subject to the 2016 Oil and Gas This action is being taken in accordance be occurring in New Jersey for the CTG, no regulation is required to be with the requirements of the Clean Air foreseeable future. developed and submitted to EPA for SIP Act. On January 22, 2020 (85 FR 3556), the approval. Comment: If EPA has or is in the DATES: This final rule is effective on EPA published a notice of proposed process of withdrawing the CTG then June 17, 2020. rulemaking that proposed to approve EPA shouldn’t be requiring states to ADDRESSES: The EPA has established a the State of New Jersey’s May 13, 2019 spend valuable time and resources on docket for this action under Docket ID SIP submittal, for purposes of making a this non-applicable ‘‘requirement’’. EPA Number EPA–R02–OAR–2019–0674. All negative declaration that no sources should remove this CTG and disapprove documents in the docket are listed on exist in the State of New Jersey that New Jersey’s SIP as unnecessary as well the http://www.regulations.gov website. would be subject to the 2016 Oil and as any other state’s SIP attempting to Although listed in the index, some Gas CTG. The reader is referred to EPA’s information is not publicly available, address this 2016 CTG. January 22, 2020, proposed action for Response: This SIP submittal e.g., Confidential Business Information more detailed background and EPA’s (CBI) or other information whose addresses a final document that EPA evaluation of New Jersey’s SIP revision announced on October 27, 2016, in the disclosure is restricted by statute. submittal. Certain other material, such as Federal Register (81 FR 74798) ‘‘Release copyrighted material, is not placed on II. What comments were received in of Final Control Techniques Guidelines the internet and will be publicly response to the EPA’s proposed action? for the Oil and Natural Gas Industry.’’ This CTG is still in place. There is no available only in hard copy form. In response to the EPA’s January 22, Publicly available docket materials are final action that withdraws this 2020, proposed rulemaking on New requirement. The State is addressing available electronically through http:// Jersey’s SIP revision submittal, the EPA www.regulations.gov. their obligations in response to the final is providing responses to the comments CTG with this submittal. FOR FURTHER INFORMATION CONTACT: that were received. The specific Comment: ‘‘It does not make sense for Omar Hammad, Environmental comments may be viewed under Docket the state of New Jersey . . . to be Protection Agency, Region 2 Office, 290 ID Number EPA–R02–OAR–2019–0674 looking to get rid of more of the rules Broadway, New York, New York 10007– on the http://www.regulations.gov and regulations. This seems like we are 1866, at (212) 637–3347, or by email at website. going backwards, away from the goal of [email protected]. Comment: This negative declaration making New Jersey a cleaner state . . . would leave New Jersey at least SUPPLEMENTARY INFORMATION: The I feel that the EPA should be taking a temporarily exempt from the October SUPPLEMENTARY INFORMATION section is closer look into the regulations the state arranged as follows: 2016 Oil and Natural Gas Control of New Jersey is trying to get around.’’ Techniques Guidelines in a future Response: This action does not Table of Contents scenario of discovering oil and/or remove any rules or regulations from the I. What is the background for the action? natural gas within the confines of New New Jersey SIP. The negative II. What comments were received in response Jersey. to the EPA’s proposed action? Response: EPA has historically 1 ‘‘State Implementation Plans; General Preamble III. What action is the EPA taking? allowed states to submit a negative for the Implementation of Title I of the Clean Air IV. Statutory and Executive Order Reviews declaration for a particular CTG Act Amendments of 1990,’’ (57 FR 13498 at 13512 category if the state finds that no (April 16, 1992)). I. What is the background for this 2 ‘‘RACT Qs & As—Reasonably Available Control sources exist in the state which would Technology (RACT): Questions and Answers’’ action? be subject to that CTG. EPA has Memorandum from William T. Harnett, May 18, On May 13, 2019, the New Jersey addressed the idea of negative 2006. declarations numerous times and for 3 ‘‘Implementation of the 2008 National Ambient Department of Environmental Protection Air Quality Standards for Ozone: State (NJDEP) submitted to the EPA, a State various NAAQS including in the Implementation Plan Requirements,’’ (80 FR 12263 Implementation Plan (SIP) revision General Preamble to the 1990 at 12278 (March 6, 2015)).

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declaration simply asserts that no Order 13132 (64 FR 43255, August 10, (q) Negative declarations. The State of sources exist in the State of New Jersey 1999); New Jersey has certified to the that are subject to the 2016 Oil and Gas • Is not an economically significant satisfaction of the EPA that no sources CTG. The EPA has reviewed New regulatory action based on health or are located in the State which are Jersey’s submittal and agrees with the safety risks subject to Executive Order covered by the following Control State’s evaluation. 13045 (62 FR 19885, April 23, 1997); Techniques Guidelines: • Is not a significant regulatory action (1) Oil and Natural Gas Industry III. What action is the EPA taking? subject to Executive Order 13211 (66 FR (October 2016). On May 13, 2019, the New Jersey 28355, May 22, 2001); (2) [Reserved] Department of Environmental Protection • Is not subject to requirements of [FR Doc. 2020–08862 Filed 5–15–20; 8:45 am] (NJDEP) submitted to the EPA a SIP section 12(d) of the National BILLING CODE 6560–50–P revision consisting of a negative Technology Transfer and Advancement declaration for the 2016 Oil and Gas Act of 1995 (15 U.S.C. 272 note) because CTG. application of those requirements would ENVIRONMENTAL PROTECTION The EPA is approving the revision to be inconsistent with the CAA; and AGENCY the SIP submitted by the State to • Does not provide EPA with the address the 2016 Oil and Gas CTG for discretionary authority to address, as 40 CFR Part 52 the Ozone Transport Region and appropriate, disproportionate human [EPA–R01–OAR–2019–0220; FRL–10008– nonattainment RACT requirements for health or environmental effects, using 77–Region 1] both the 2008 and 2015 ozone National practicable and legally permissible Ambient Air Quality Standards and is methods, under Executive Order 12898 Air Plan Approval; Massachusetts; approving their negative declaration (59 FR 7629, February 16, 1994). Negative Declaration for the Oil and that no sources exist in the State of New In addition, this rulemaking action, Gas Industry Jersey that would be subject to the 2016 pertaining to New Jersey’s Negative AGENCY: Environmental Protection Oil and Gas CTG. Declaration SIP submission, would not Agency (EPA). IV. Statutory and Executive Order be approved to apply on any Indian ACTION: Direct final rule. Reviews reservation land or in any other area where EPA or an Indian tribe has SUMMARY: The Environmental Protection Under the CAA, the Administrator is demonstrated that a tribe has Agency (EPA) is approving a State required to approve a SIP submission jurisdiction. In those areas of Indian Implementation Plan (SIP) revision that complies with the provisions of the country, the rule does not have tribal submitted by the Commonwealth of CAA and applicable Federal regulations. implications and will not impose any Massachusetts. The revision provides 42 U.S.C. 7410(k); 40 CFR 52.02(a). substantial direct costs on tribal Massachusetts’ determination, via a Thus, in reviewing SIP submissions, governments or preempt tribal law as negative declaration, that there are no EPA’s role is to approve state choices, specified by Executive Order 13175 (65 facilities within its borders subject to provided that they meet the criteria of FR 67249, November 9, 2000). EPA’s 2016 Control Technique the CAA. Accordingly, this action Guideline (CTG) for the oil and gas merely proposes to approve state law as List of Subjects in 40 CFR Part 52 industry. The intended effect of this meeting Federal requirements and does Environmental protection, Air action is to approve this item into the not impose additional requirements pollution control, Incorporation by Massachusetts SIP. This action is being beyond those imposed by state law. For reference, Intergovernmental relations, taken in accordance with the Clean Air that reason, this action: Nitrogen dioxide, Ozone, Reporting and Act (CAA). • Is not a ‘‘significant regulatory recordkeeping requirements, Volatile DATES: This direct final rule will be action’’ subject to review by the Office organic compounds. effective July 17, 2020, unless EPA of Management and Budget under Authority: 42 U.S.C. 7401 et seq. receives adverse comments by June 17, Executive Order 12866 (58 FR 51735, Dated: April 21, 2020. 2020. If adverse comments are received, October 4, 1993), and 13563 (76 FR 382, EPA will publish a timely withdrawal of Peter Lopez, January 21, 2011); the direct final rule in the Federal • Is not an Executive Order 13771 (82 Regional Administrator, Region 2. Register informing the public that the FR 9339, February 2, 2017) regulatory Part 52, chapter I, title 40 of the Code rule will not take effect. action because SIP approvals are exempt of Federal Regulations is amended as ADDRESSES: Submit your comments, under Executive Order 12866; follows: identified by Docket ID No. EPA–R01– • Does not impose an information OAR–2019–0220 at https:// collection burden under the provisions PART 52—APPROVAL AND www.regulations.gov, or via email to of the Paperwork Reduction Act (44 PROMULGATION OF [email protected]. For comments U.S.C. 3501 et seq.); IMPLEMENTATION PLANS submitted at Regulations.gov, follow the • Is certified as not having a ■ 1. The authority citation for part 52 online instructions for submitting significant economic impact on a continues to read as follows: comments. Once submitted, comments substantial number of small entities cannot be edited or removed from under the Regulatory Flexibility Act (5 Authority: 42 U.S.C. 7401 et seq. Regulations.gov. For either manner of U.S.C. 601 et seq.); submission, the EPA may publish any Subpart FF—New Jersey • Does not contain any unfunded comment received to its public docket. mandate or significantly or uniquely ■ 2. In § 52.1582, add paragraph (q) to Do not submit electronically any affect small governments, as described read as follows: information you consider to be in the Unfunded Mandates Reform Act Confidential Business Information (CBI) of 1995 (Pub. L. 104–4); § 52.1582 Control strategy and or other information whose disclosure is • Does not have federalism regulations: Ozone. restricted by statute. Multimedia implications as specified in Executive * * * * * submissions (audio, video, etc.) must be

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accompanied by a written comment. VOC sources covered by a CTG 2020 without further notice unless the The written comment is considered the document. CAA section 184(b)(1)(B) Agency receives relevant adverse official comment and should include extends the RACT obligation to all areas comments by June 17, 2020. discussion of all points you wish to of states within the Ozone Transport If the EPA receives such comments, make. The EPA will generally not Region (OTR). Pursuant to CAA section then EPA will publish a notice consider comments or comment 184(a), Massachusetts is a member state withdrawing the final rule and contents located outside of the primary of the OTR. States subject to RACT informing the public that the rule will submission (i.e., on the web, cloud, or requirements are required to adopt not take effect. All public comments other file sharing system). For controls that are at least as stringent as received will then be addressed in a additional submission methods, please those found within the CTG either via subsequent final rule based on the contact the person identified in the FOR the adoption of regulations, or by proposed rule. The EPA will not FURTHER INFORMATION CONTACT section. issuance of single source Orders or institute a second comment period on For the full EPA public comment policy, Permits that outline what the source is the proposed rule. All parties interested information about CBI or multimedia required to do to meet RACT. If no in commenting on the proposed rule submissions, and general guidance on source for a particular CTG exists within should do so at this time. If no such making effective comments, please visit a state, the state must submit as a SIP comments are received, the public is https://www.epa.gov/dockets/ revision a negative declaration advised that this rule will be effective commenting-epa-dockets. Publicly documenting this fact. on July 17, 2020 and no further action available docket materials are available will be taken on the proposed rule. at https://www.regulations.gov or at the II. Summary of SIP Revision and EPA Please note that if EPA receives adverse U.S. Environmental Protection Agency, Analysis comment on an amendment, paragraph, EPA Region 1 Regional Office, Air and Negative Declaration for the 2016 Oil or section of this rule and if that Radiation Division, 5 Post Office and Natural Gas Industry CTG provision may be severed from the Square—Suite 100, Boston, MA. EPA remainder of the rule, EPA may adopt On October 18, 2018, Massachusetts requests that if at all possible, you as final those provisions of the rule that submitted a SIP revision to address its contact the contact listed in the FOR are not the subject of an adverse RACT requirements set forth by the FURTHER INFORMATION CONTACT section to comment. CAA for the 2008 and 2015 8-hour schedule your inspection. The Regional ozone National Ambient Air Quality IV. Statutory and Executive Order Office’s official hours of business are Standards (NAAQS). As part of that Reviews Monday through Friday, 8:30 a.m. to October 18, 2018 SIP revision, 4:30 p.m., excluding legal holidays and Under the Clean Air Act, the Massachusetts submitted a negative facility closures due to COVID–19. Administrator is required to approve a declaration for the 2016 Oil and Natural SIP submission that complies with the FOR FURTHER INFORMATION CONTACT: Gas Industry CTG. The term ‘‘negative Ariel Garcia, Environmental Protection provisions of the Act and applicable declaration’’ means that the state has Federal regulations. 42 U.S.C. 7410(k); Specialist, Air and Radiation Division explored whether any facilities subject (Mail Code 05–2), U.S. Environmental 40 CFR 52.02(a). Thus, in reviewing SIP to the applicability requirements of the submissions, EPA’s role is to approve Protection Agency, Region 1, 5 Post CTG exist within the state and Office Square, Suite 100, Boston, state choices, provided that they meet concluded that there are no such the criteria of the Clean Air Act. Massachusetts, 02109–3912; (617) 918– sources within its borders. This is 1660. [email protected]. Accordingly, this action merely consistent with EPA’s understanding of approves state law as meeting Federal SUPPLEMENTARY INFORMATION: where sources subject to the Oil and Throughout this document whenever requirements and does not impose Natural Gas Industry CTG are located, additional requirements beyond those ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean and so we are approving Massachusetts’ EPA. imposed by state law. For that reason, negative declaration into the SIP. Other this action: Table of Contents aspects of Massachusetts’ October 18, • Is not a significant regulatory action 2018 SIP submittal, pertaining to all I. Background subject to review by the Office of II. Summary of SIP Revision and EPA other RACT requirements, are not Management and Budget under Analysis addressed in this direct final rulemaking Executive Orders 12866 (58 FR 51735, III. Final Action and will be addressed in a separate October 4, 1993) and 13563 (76 FR 3821, IV. Statutory and Executive Order Reviews rulemaking. January 21, 2011); • Is not an Executive Order 13771 I. Background III. Final Action regulatory action because this action is On October 27, 2016, EPA published We are approving a negative not significant under Executive Order in the Federal Register the ‘‘Final declaration for EPA’s 2016 CTG entitled 12866; Control Techniques Guidelines for the ‘‘Control Techniques Guidelines for the • Does not impose an information Oil and Natural Gas Industry.’’ See 81 Oil and Natural Gas Industry’’ into the collection burden under the provisions FR 74798. The CTG provided Massachusetts SIP. of the Paperwork Reduction Act (44 information to state, local, and tribal air The EPA is publishing this action U.S.C. 3501 et seq.); agencies to assist them in determining without prior proposal because the • Is certified as not having a reasonably available control technology Agency views this as a noncontroversial significant economic impact on a (RACT) for volatile organic compounds amendment and anticipates no adverse substantial number of small entities (VOC) emissions from select oil and comments. However, in the proposed under the Regulatory Flexibility Act (5 natural gas industry emission sources. rules section of this Federal Register U.S.C. 601 et seq.); CAA section 182(b)(2)(A) requires that publication, EPA is publishing a • Does not contain any unfunded for ozone nonattainment areas classified separate document that will serve as the mandate or significantly or uniquely as Moderate or above, states must revise proposal to approve the SIP revision affect small governments, as described their SIPs to include provisions to should relevant adverse comments be in the Unfunded Mandates Reform Act implement RACT for each category of filed. This rule will be effective July 17, of 1995 (Pub. L. 104–4);

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• Does not have Federalism that before a rule may take effect, the EPA can withdraw this direct final rule implications as specified in Executive agency promulgating the rule must and address the comment in the Order 13132 (64 FR 43255, August 10, submit a rule report, which includes a proposed rulemaking. This action may 1999); copy of the rule, to each House of the not be challenged later in proceedings to • Is not an economically significant Congress and to the Comptroller General enforce its requirements. (See section regulatory action based on health or of the United States. Section 804, 307(b)(2).) safety risks subject to Executive Order however, exempts from section 801 the List of Subjects in 40 CFR Part 52 13045 (62 FR 19885, April 23, 1997); following types of rules: Rules of • Is not a significant regulatory action particular applicability; rules relating to Environmental protection, Air subject to Executive Order 13211 (66 FR agency management or personnel; and pollution control, Incorporation by 28355, May 22, 2001); reference, Ozone, Volatile organic • rules of agency organization, procedure, Is not subject to requirements of or practice that do not substantially compounds. Section 12(d) of the National affect the rights or obligations of non- Dated: April 21, 2020. Technology Transfer and Advancement agency parties. 5 U.S.C. 804(3). Because Act of 1995 (15 U.S.C. 272 note) because Dennis Deziel, this is a rule of particular applicability, Regional Administrator, EPA Region 1. application of those requirements would EPA is not required to submit a rule be inconsistent with the Clean Air Act; report regarding this action under Part 52 of chapter I, title 40 of the and • section 801. Code of Federal Regulations is amended Does not provide EPA with the as follows: discretionary authority to address, as Under section 307(b)(1) of the Clean appropriate, disproportionate human Air Act, petitions for judicial review of PART 52—APPROVAL AND health or environmental effects, using this action must be filed in the United PROMULGATION OF practicable and legally permissible States Court of Appeals for the IMPLEMENTATION PLANS methods, under Executive Order 12898 appropriate circuit by July 17, 2020. (59 FR 7629, February 16, 1994). Filing a petition for reconsideration by ■ 1. The authority citation for part 52 In addition, the SIP is not approved the Administrator of this final rule does continues to read as follows: not affect the finality of this action for to apply on any Indian reservation land Authority: 42 U.S.C. 7401 et seq. or in any other area where EPA or an the purposes of judicial review nor does Indian tribe has demonstrated that a it extend the time within which a Subpart W—Massachusetts tribe has jurisdiction. In those areas of petition for judicial review may be filed, Indian country, the rule does not have and shall not postpone the effectiveness ■ 2. In § 52.1120, amend the table in tribal implications and will not impose of such rule or action. Parties with paragraph (e) by adding the entry for substantial direct costs on tribal objections to this direct final rule are ‘‘Negative declaration for the 2016 governments or preempt tribal law as encouraged to file a comment in Control Techniques Guideline for the specified by Executive Order 13175 (65 response to the parallel notice of Oil and Natural Gas Industry’’ at the end FR 67249, November 9, 2000). proposed rulemaking for this action of the table, to read as follows: The Congressional Review Act, 5 published in the proposed rules section U.S.C. 801 et seq., as added by the Small of today’s Federal Register, rather than § 52.1120 Identification of plan. Business Regulatory Enforcement file an immediate petition for judicial * * * * * Fairness Act of 1996, generally provides review of this direct final rule, so that (e) * * *

MASSACHUSETTS NON REGULATORY

Applicable State submittal Name of nonregulatory SIP provision geographic or date/effective EPA approved date 3 Explanations nonattainment area date

******* Negative declaration for the 2016 Control Tech- Statewide ...... 10/18/2018 5/18/2020, [Insert Fed- Negative declaration. niques Guidelines for the Oil and Natural Gas eral Register cita- Industry. tion]. 3 To determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

[FR Doc. 2020–09072 Filed 5–15–20; 8:45 am] ENVIRONMENTAL PROTECTION SUMMARY: This regulation establishes an BILLING CODE P AGENCY exemption from the requirement of a tolerance for residues of methyl 40 CFR Part 180 mercaptan in or on all food commodities when methyl mercaptan is [EPA–HQ–OPP–2019–0368; FRL–10006–98] used as a gopher repellent in irrigation lines in accordance with label directions Methyl Mercaptan; Exemption From and good agricultural practices. Acqua the Requirement of a Tolerance Concepts, Inc. (d/b/a Ag Water Chemical) submitted a petition to EPA AGENCY: Environmental Protection under the Federal Food, Drug, and Agency (EPA). Cosmetic Act (FFDCA), requesting an ACTION: Final rule. exemption from the requirement of a tolerance. This regulation eliminates the

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need to establish a maximum through the Government Publishing tolerance exemption petition (PP permissible level for residues of methyl Office’s e-CFR site at http:// 8F8713) by Acqua Concepts, Inc. (d/b/ mercaptan under FFDCA. www.ecfr.gov/cgi-bin/text- a Ag Water Chemical), 2665 S. Chestnut, DATES: This regulation is effective May idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Fresno, CA 93725. The petition _ 18, 2020. Objections and requests for 40tab 02.tpl. requested that 40 CFR part 180 be hearings must be received on or before C. How can I file an objection or hearing amended by establishing an exemption July 17, 2020 and must be filed in request? from the requirement of a tolerance for accordance with the instructions residues of the gopher repellent methyl provided in 40 CFR part 178 (see also Under FFDCA section 408(g), 21 mercaptan in or on all food U.S.C. 346a(g), any person may file an Unit I.C. of the SUPPLEMENTARY commodities that use irrigation lines objection to any aspect of this regulation INFORMATION). treated with methyl mercaptan. That and may also request a hearing on those notice referenced a summary of the ADDRESSES: The docket for this action, objections. You must file your objection petition prepared by the petitioner identified by docket identification (ID) or request a hearing on this regulation Acqua Concepts, Inc. (d/b/a Ag Water number EPA–HQ–OPP–2019–0368, is in accordance with the instructions Chemical) and available in the docket available at http://www.regulations.gov provided in 40 CFR part 178. To ensure via http://www.regulations.gov. There or at the Office of Pesticide Programs proper receipt by EPA, you must were no comments received in response Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ– to the notice of filing. in the Environmental Protection Agency OPP–2019–0368 in the subject line on Docket Center (EPA/DC), West William the first page of your submission. All III. Final Rule Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing A. EPA’s Safety Determination Constitution Ave. NW, Washington, DC must be in writing and must be received 20460–0001. The Public Reading Room by the Hearing Clerk on or before July Section 408(c)(2)(A)(i) of FFDCA is open from 8:30 a.m. to 4:30 p.m., 17, 2020. Addresses for mail and hand allows EPA to establish an exemption Monday through Friday, excluding legal delivery of objections and hearing from the requirement of a tolerance (the holidays. The telephone number for the requests are provided in 40 CFR legal limit for a pesticide chemical Public Reading Room is (202) 566–1744, 178.25(b). residue in or on a food) only if EPA and the telephone number for the OPP In addition to filing an objection or determines that the exemption is ‘‘safe.’’ Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk Section 408(c)(2)(A)(ii) of FFDCA the visitor instructions and additional as described in 40 CFR part 178, please defines ‘‘safe’’ to mean that ‘‘there is a information about the docket available submit a copy of the filing (excluding reasonable certainty that no harm will at http://www.epa.gov/dockets. any Confidential Business Information result from aggregate exposure to the pesticide chemical residue, including FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket. all anticipated dietary exposures and all Robert McNally, Biopesticides and Information not marked confidential other exposures for which there is Pollution Prevention Division (7511P), pursuant to 40 CFR part 2 may be reliable information.’’ This includes Office of Pesticide Programs, disclosed publicly by EPA without prior exposure through drinking water and in Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your residential settings but does not include Pennsylvania Ave. NW, Washington, DC objection or hearing request, identified occupational exposure. Pursuant to 20460–0001; main telephone number: by docket ID number EPA–HQ–OPP– FFDCA section 408(c)(2)(B), in (703) 305–7090; email address: 2019–0368, by one of the following establishing or maintaining in effect an [email protected]. methods: • exemption from the requirement of a SUPPLEMENTARY INFORMATION: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online tolerance, EPA must take into account I. General Information instructions for submitting comments. the factors set forth in FFDCA section 408(b)(2)(C) and (D), which require EPA A. Does this action apply to me? Do not submit electronically any information you consider to be CBI or to give special consideration to You may be potentially affected by other information whose disclosure is exposure of infants and children to the this action if you are an agricultural restricted by statute. pesticide chemical residue in producer, food manufacturer, or • Mail: OPP Docket, Environmental establishing a tolerance or tolerance pesticide manufacturer. The following Protection Agency Docket Center (EPA/ exemption and to ‘‘ensure that there is list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave. a reasonable certainty that no harm will Classification System (NAICS) codes is NW, Washington, DC 20460–0001. result to infants and children from not intended to be exhaustive, but rather • Hand Delivery: To make special aggregate exposure to the pesticide provides a guide to help readers arrangements for hand delivery or chemical residue . . . .’’ Additionally, determine whether this document delivery of boxed information, please FFDCA section 408(b)(2)(D) requires applies to them. Potentially affected follow the instructions at http:// that EPA consider ‘‘available entities may include: www.epa.gov/dockets/contacts.html. information concerning the cumulative • Crop production (NAICS code 111). Additional instructions on commenting effects of [a particular pesticide’s] . . . • Animal production (NAICS code or visiting the docket, along with more residues and other substances that have 112). information about dockets generally, is a common mechanism of toxicity.’’ • Food manufacturing (NAICS code available at http://www.epa.gov/ EPA evaluated the available 311). dockets. toxicology and exposure data on methyl • Pesticide manufacturing (NAICS mercaptan and considered their code 32532). II. Background validity, completeness, and reliability, In the Federal Register of August 2, as well as the relationship of this B. How can I get electronic access to 2019 (84 FR 37818) (FRL–9996–78), information to human risk. EPA also other related information? EPA issued a notice pursuant to FFDCA considered available information You may access a frequently updated section 408(d)(3), 21 U.S.C. 346a(d)(3), concerning the variability of the electronic version of 40 CFR part 180 announcing the filing of a pesticide sensitivities of major identifiable

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subgroups of consumers, including day inhalation toxicity study, no A summary of the data upon which infants and children. adverse effects were identified. EPA relied and its risk assessment based Methyl mercaptan, also known as With regard to potential exposure on those data can be found within the methanethiol, is a naturally occurring from the use of methyl mercaptan as a document entitled ‘‘Federal Food, Drug, compound. In its ambient state, it is a pesticidal active ingredient, EPA and Cosmetic Act (FFDCA) Safety colorless gas that smells like rotten determined that expected exposures Determination for Methyl Mercaptan.’’ cabbage. At lower temperatures, it can will be minimal and dietary hazards This document, as well as other relevant also be expressed as a liquid. Methyl negligible. Foremost, EPA does not information, is available in the docket mercaptan is naturally found in the anticipate any significant dietary for this action as described under blood and brain of humans and other exposure due to the physical properties ADDRESSES. animals, as well as in plant tissues. It is of methyl mercaptan. One, methyl Based on its safety determination, excreted from the human and animal mercaptan, which presents as a gas at EPA is establishing an exemption from body in feces. It also occurs naturally in ambient temperatures, is highly volatile the requirement of a tolerance for certain foods, such as vegetables and and dissipates rapidly in the residues of methyl mercaptan in or on some nuts and cheeses, and, as such, is atmosphere. Two, methyl mercaptan is all food commodities when methyl often consumed by humans. readily biodegradable in the soil. mercaptan is used as a gopher repellent Methyl mercaptan has several Based primarily on negligible in irrigation lines in accordance with commercial uses. Due to its strong odor, exposure levels and additionally on the label directions and good agricultural it is commonly employed as a leak active ingredient’s volatility (short half- practices. life), its biodegradability, its capacity to detector in natural gas lines. Methyl B. Analytical Enforcement Methodology mercaptan is also used in the be metabolized by humans, its history of The analytical method ‘‘ASTM D production of plastics to moderate the safe consumption in both naturally 5504–12 using a gas chromatograph growth of free radical polymers. Most occuring foods (such as nuts and cheeses) and foods containing methyl equipped with a sulfur notably, methyl mercaptan is used as a mercaptan as a food additive, and its chemiluminescence detector (SCD)’’ is Food and Drug Administration- use as a food-grade compound in available to EPA for the detection and approved food additive to impart an pesticide products, the remaining measurement of the pesticide residues. umami flavor and to act as an adjuvant toxicology data requirements were (21 CFR 172.515). IV. Statutory and Executive Order waived and no points of departure were Reviews As a new biochemical pesticide, identified that would necessitate a methyl mercaptan is intended for use as quantitative dietary assessment of This action establishes an exemption a gopher repellent in irrigation/ methyl mercaptan. from the requirement of a tolerance chemigation lines (subterranean, surface Therefore, due to the low under FFDCA section 408(d) in drip, and micro irrigation systems). The toxicological profile of available methyl response to a petition submitted to EPA. repellent mode of action is due to its mercaptan, its long history of safe The Office of Management and Budget noxious, putrid odor. Methyl mercaptan exposure, and the minimal dietary (OMB) has exempted these types of is intended to be applied in trace exposure anticipated from its use as an actions from review under Executive amounts through irrigation/chemigation active ingredient, EPA determined that Order 12866, entitled ‘‘Regulatory lines (subterranean, surface drip, and the pesticidal use of methyl mercaptan Planning and Review’’ (58 FR 51735, micro irrigation systems). No direct (as a gopher repellent) poses no October 4, 1993). Because this action application to food is expected, but it is significant dietary risk. has been exempted from review under possible that some trace amounts of the As part of its risk assessment for Executive Order 12866, this action is active ingredient may be taken up into methyl mercaptan, EPA further not subject to Executive Order 13211, the plant. considered the potential risks of entitled ‘‘Actions Concerning Overall, methyl mercaptan is residential exposures, aggregate Regulations That Significantly Affect considered to be of low toxicity relative exposures, and cumulative risk. Based Energy Supply, Distribution, or Use’’ (66 to its proposed pesticidal use. Based on on methyl mercaptan’s low toxicity, FR 28355, May 22, 2001), or Executive the available information and the fact anticipated negligible dietary exposure, Order 13045, entitled ‘‘Protection of that humans have been exposed to and history of safe use in consumer Children from Environmental Health methyl mercaptan in food and nonfood products, no risks of concern have been Risks and Safety Risks’’ (62 FR 19885, products, the compound is considered identified relative to residential (non- April 23, 1997), nor is it considered a to have a history of safe natural occupational) pesticidal uses or any regulatory action under Executive Order exposure. With specific regard to human aggregate of exposures to products 13771, entitled ‘‘Reducing Regulations oral toxicity, EPA notes that the human containing methyl mercaptan. At this and Controlling Regulatory Costs’’ (82 digestive system is designed to time, no residential uses of methyl FR 9339, February 3, 2017). This action accommodate methyl mercaptan in its mercaptan are proposed. Similarly, no does not contain any information digestive processes. Notably, significant risks of concern were identified for collections subject to OMB approval levels of methyl mercaptan (in excess of cumulative exposures to methyl under the Paperwork Reduction Act, 44 1,000 ppm) are naturally produced by mercaptan, since no common U.S.C. 3501 et seq., nor does it require microflora within the human intestine. mechanism of toxicity was identified for any special considerations under Even so, only trivial amounts are either methyl mercaptan or its Executive Order 12898, entitled absorbed into the body because methyl metabolites. ‘‘Federal Actions to Address mercaptan is readily oxidized in the Therefore, based on the expectation of Environmental Justice in Minority human colon. negligible exposures and low toxicity, Populations and Low-Income Although the available data indicate EPA determined that there is a Populations’’ (59 FR 7629, February 16, moderate acute inhalation toxicity, EPA reasonable certainty that no harm will 1994). does not expect any consumer result to the U.S. population, including Since tolerances and exemptions that exposures due to the proposed use infants and children, from aggregate are established on the basis of a petition pattern in irrigation systems. In the 90- exposure to methyl mercaptan. under FFDCA section 408(d), such as

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the tolerance exemption in this action, Authority: 21 U.S.C. 321(q), 346a and 371. Environmental Protection Agency, 1200 do not require the issuance of a ■ 2. Add § 180.1375 to subpart D to read Pennsylvania Ave. NW, Washington, DC proposed rule, the requirements of the as follows: 20460–0001; main telephone number: Regulatory Flexibility Act (5 U.S.C. 601 (703) 305–7090; email address: et seq.) do not apply. § 180.1375 Methyl mercaptan; exemption [email protected]. from the requirement of a tolerance. This action directly regulates growers, SUPPLEMENTARY INFORMATION: food processors, food handlers, and food Residues of methyl mercaptan are retailers, not States or Tribes. As a exempt from the requirement of a I. General Information result, this action does not alter the tolerance in or on all food commodities, A. Does this action apply to me? relationships or distribution of power when methyl mercaptan is used as a and responsibilities established by gopher repellent in irrigation lines in You may be potentially affected by Congress in the preemption provisions accordance with label directions and this action if you are an agricultural of FFDCA section 408(n)(4). As such, good agricultural practices. producer, food manufacturer, or EPA determined that this action will not pesticide manufacturer. The following [FR Doc. 2020–08964 Filed 5–15–20; 8:45 am] list of North American Industrial have a substantial direct effect on States BILLING CODE 6560–50–P or Tribal Governments, on the Classification System (NAICS) codes is relationship between the National not intended to be exhaustive, but rather provides a guide to help readers Government and the States or Tribal ENVIRONMENTAL PROTECTION determine whether this document Governments, or on the distribution of AGENCY power and responsibilities among the applies to them. Potentially affected various levels of government or between 40 CFR Part 180 entities may include: the Federal Government and Indian • Crop production (NAICS code 111). [EPA–HQ–OPP–2019–0074; FRL–10007–09] Tribes. Thus, EPA determined that • Animal production (NAICS code Executive Order 13132, entitled 112). Fluridone; Pesticide Tolerances • ‘‘Federalism’’ (64 FR 43255, August 10, Food manufacturing (NAICS code 1999), and Executive Order 13175, AGENCY: Environmental Protection 311). • entitled ‘‘Consultation and Coordination Agency (EPA). Pesticide manufacturing (NAICS with Indian Tribal Governments’’ (65 FR ACTION: Final rule. code 32532). 67249, November 9, 2000), do not apply SUMMARY: This regulation establishes B. How can I get electronic access to to this action. In addition, this action other related information? does not impose any enforceable duty or tolerances for residues of fluridone in or contain any unfunded mandate as on avocados, mandarins, pomegranates, You may access a frequently updated described under Title II of the Unfunded pistachios, and the stone fruit group electronic version of EPA’s tolerance Mandates Reform Act (2 U.S.C. 1501 et (crop group 12). SePRO Corporation regulations at 40 CFR part 180 through seq.). requested these tolerances under the the Government Publishing Office’s This action does not involve any Federal Food, Drug, and Cosmetic Act e-CFR site at http://www.ecfr.gov/cgi- technical standards that would require (FFDCA). bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/ _ EPA’s consideration of voluntary DATES: This regulation is effective May Title40/40tab 02.tpl. consensus standards pursuant to section 18, 2020. Objections and requests for C. How can I file an objection or hearing 12(d) of the National Technology hearings must be received on or before request? Transfer and Advancement Act (15 July 17, 2020, and must be filed in Under FFDCA section 408(g), 21 U.S.C. 272 note). accordance with the instructions U.S.C. 346a, any person may file an provided in 40 CFR part 178 (see also V. Congressional Review Act (CRA) objection to any aspect of this regulation Unit I.C. of the SUPPLEMENTARY Under the CRA (5 U.S.C. 801 et seq.), and may also request a hearing on those INFORMATION). EPA will submit a rule report to the U.S. objections. You must file your objection Senate, the U.S. House of ADDRESSES: The docket for this action, or request a hearing on this regulation Representatives, and the Comptroller identified by docket identification (ID) in accordance with the instructions General of the United States prior to number EPA–HQ–OPP–2019–0074, is provided in 40 CFR part 178. To ensure publication of the rule in the Federal available at http://www.regulations.gov proper receipt by EPA, you must Register. This action is not a ‘‘major or at the Office of Pesticide Programs identify docket ID number EPA–HQ– rule’’ as defined by 5 U.S.C. 804(2). Regulatory Public Docket (OPP Docket) OPP–2019–0074 in the subject line on in the Environmental Protection Agency List of Subjects in 40 CFR Part 180 the first page of your submission. All Docket Center (EPA/DC), West William objections and requests for a hearing Environmental protection, Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be Administrative practice and procedure, Constitution Ave. NW, Washington, DC received by the Hearing Clerk on or Agricultural commodities, Pesticides 20460–0001. The Public Reading Room before July 17, 2020. Addresses for mail and pests, Reporting and recordkeeping is open from 8:30 a.m. to 4:30 p.m., and hand delivery of objections and requirements. Monday through Friday, excluding legal hearing requests are provided in 40 CFR Dated: April 2, 2020. holidays. The telephone number for the 178.25(b). Richard Keigwin, Public Reading Room is (202) 566–1744, In addition to filing an objection or Director, Office of Pesticide Programs. and the telephone number for the OPP hearing request with the Hearing Clerk Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please Therefore, 40 CFR chapter I is the visitor instructions and additional submit a copy of the filing (excluding amended as follows: information about the docket available any Confidential Business Information PART 180—[AMENDED] at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. FOR FURTHER INFORMATION CONTACT: Information not marked confidential ■ 1. The authority citation for part 180 Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be continues to read as follows: (7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior

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notice. Submit the non-CBI copy of your pesticide chemical residue, including toxicity studies can be found at http:// objection or hearing request, identified all anticipated dietary exposures and all www.regulations.gov in document by docket ID number EPA–HQ–OPP– other exposures for which there is Fluridone. Human Health Risk 2019–0074, by one of the following reliable information.’’ This includes Assessment for the Section 3 methods: exposure through drinking water and in Registration on: Avocado, Mandarin residential settings, but does not include (Tangerine), Pistachio, Pomegranate, • Federal eRulemaking Portal: http:// occupational exposure. Section and Stone Fruit (Crop Group 12–12) in www.regulations.gov. Follow the online 408(b)(2)(C) of FFDCA requires EPA to docket ID number EPA–HQ–OPP–2019– instructions for submitting comments. give special consideration to exposure 0074. Do not submit electronically any of infants and children to the pesticide information you consider to be CBI or B. Toxicological Points of Departure/ chemical residue in establishing a other information whose disclosure is Levels of Concern tolerance and to ‘‘ensure that there is a restricted by statute. reasonable certainty that no harm will Once a pesticide’s toxicological • Mail: OPP Docket, Environmental result to infants and children from profile is determined, EPA identifies Protection Agency Docket Center (EPA/ aggregate exposure to the pesticide toxicological points of departure (POD) DC), (28221T), 1200 Pennsylvania Ave. chemical residue. . . .’’ and levels of concern to use in NW, Washington, DC 20460–0001. evaluating the risk posed by human • Consistent with FFDCA section Hand Delivery: To make special 408(b)(2)(D), and the factors specified in exposure to the pesticide. For hazards arrangements for hand delivery or FFDCA section 408(b)(2)(D), EPA has that have a threshold below which there delivery of boxed information, please reviewed the available scientific data is no appreciable risk, the toxicological follow the instructions at http:// and other relevant information in POD is used as the basis for derivation www.epa.gov/dockets/contacts.html. support of this action. EPA has of reference values for risk assessment. Additional instructions on commenting sufficient data to assess the hazards of PODs are developed based on a careful or visiting the docket, along with more and to make a determination on analysis of the doses in each information about dockets generally, is aggregate exposure for fluridone toxicological study to determine the available at http://www.epa.gov/ including exposure resulting from the dose at which no adverse effects are dockets. tolerances established by this action. observed (the NOAEL) and the lowest II. Summary of Petitioned-For EPA’s assessment of exposures and risks dose at which adverse effects of concern Tolerance associated with fluridone follows. are identified (the LOAEL). Uncertainty/ safety factors are used in conjunction In the Federal Register of February A. Toxicological Profile with the POD to calculate a safe 11, 2020 (85 FR 7708) (FRL–10005–02), EPA has evaluated the available exposure level—generally referred to as EPA issued a document pursuant to toxicity data and considered its validity, a population-adjusted dose (PAD) or a FFDCA section 408(d)(3), 21 U.S.C. completeness, and reliability as well as reference dose (RfD)—and a safe margin 346a(d)(3), announcing the filing of a the relationship of the results of the of exposure (MOE). For non-threshold pesticide petition (PP 8F8710) by studies to human risk. EPA has also risks, the Agency assumes that any SePRO Corporation, 11550 North considered available information amount of exposure will lead to some Meridian Street, Suite 600, Carmel, IN concerning the variability of the degree of risk. Thus, the Agency 46032. The petition requested that 40 sensitivities of major identifiable estimates risk in terms of the probability CFR part 180 be amended by subgroups of consumers, including of an occurrence of the adverse effect establishing tolerances for residues of infants and children. expected in a lifetime. For more the herbicide fluridone in or on The liver and kidneys were identified information on the general principles avocados, mandarins, pomegranates, as the primary target organs based on a EPA uses in risk characterization and a pistachios, and the stone fruit group multitude of organ specific effects noted complete description of the risk (crop group 12) at 0.1 parts per million across the toxicity database. All model assessment process, see http:// (ppm). That document referenced a species exhibited indications of liver www.epa.gov/pesticides/factsheets/ summary of the petition prepared by toxicity that were often accompanied by riskassess.htm. SePRO Corporation, the registrant, body weight effects. No signs of A summary of the toxicological which is available in the docket, http:// neurotoxicity were identified in the rest endpoints for fluridone used for human www.regulations.gov. There were no of the toxicity database. Toxicity from risk assessment is discussed in Unit comments received in response to the repeated dose dermal exposures was III.B. of the final rule published in the notice of filing. limited to irritation effects on the skin Federal Register of February 17, 2016 Based upon review of the data (erythema, desquamation, epidermal (81 FR 7982) (FRL–9941–69). supporting the petition, EPA is fissures). No evidence of establishing the requested tolerances immunotoxicity, mutagenicity, or C. Exposure Assessment with slight variations to reflect the carcinogenicity were noted in the 1. Dietary exposure from food and correct commodity definitions. toxicity database. Fluridone did not feed uses. In evaluating dietary demonstrate mutagenic behavior either exposure to fluridone, EPA considered III. Aggregate Risk Assessment and in vitro or in vivo nor did exposure exposure under the petitioned-for Determination of Safety result in an increased incidence of tolerances as well as all existing Section 408(b)(2)(A)(i) of FFDCA tumors. The EPA concluded that fluridone tolerances in 40 CFR 180. EPA allows EPA to establish a tolerance (the fluridone should be classified as ‘‘not assessed dietary exposures from legal limit for a pesticide chemical likely’’ to be a human carcinogen. fluridone in food as follows: residue in or on a food) only if EPA Specific information on the studies i. Acute exposure. Quantitative acute determines that the tolerance is ‘‘safe.’’ received and the nature of the adverse dietary exposure and risk assessments Section 408(b)(2)(A)(ii) of FFDCA effects caused by fluridone as well as are performed for a food-use pesticide, defines ‘‘safe’’ to mean that ‘‘there is a the no-observed-adverse-effect-level if a toxicological study has indicated the reasonable certainty that no harm will (NOAEL) and the lowest-observed- possibility of an effect of concern result from aggregate exposure to the adverse-effect-level (LOAEL) from the occurring as a result of a 1-day or single

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exposure. Such effects were identified 3. From non-dietary exposure. The case of threshold effects to account for for fluridone. In estimating acute dietary term ‘‘residential exposure’’ is used in prenatal and postnatal toxicity and the exposure, EPA used food consumption this document to refer to non- completeness of the database on toxicity information from the United States occupational, non-dietary exposure and exposure unless EPA determines Department of Agriculture (USDA) (e.g., for lawn and garden pest control, based on reliable data that a different National Health and Nutrition indoor pest control, termiticides, and margin of safety will be safe for infants Examination Survey, What We Eat in flea and tick control on pets). and children. This additional margin of America, (NHANES/WWEIA). This Fluridone is currently registered for safety is commonly referred to as the dietary survey was conducted from 2003 the following uses that could result in FQPA Safety Factor (SF). In applying to 2008. 100 percent crop treated (PCT), residential exposures: From use on this provision, EPA either retains the tolerance-level residues, and default ponds (including a homeowner use), default value of 10X, or uses a different processing factors were assumed for this lakes, reservoirs, and rivers. EPA additional safety factor when reliable assessment. assessed residential exposure using the data available to EPA support the choice ii. Chronic exposure. In conducting following assumptions: Adult of a different factor. the chronic dietary exposure assessment applicators may be exposed (dermal and 2. Prenatal and postnatal sensitivity. EPA used the food consumption data inhalation) while applying the pesticide There was no evidence of qualitative from the USDA NHANES/WWEIA. This to residential ponds. Residential susceptibility in fetuses in the rat and dietary survey was conducted from 2003 handler exposure is expected to be rabbit developmental study. Equivocal to 2008. 100 PCT, tolerance-level short-term in duration only. susceptibility was observed in the residues, and default processing factors Intermediate-term and chronic young from the F2 population in the were assumed. exposures are not likely because of the reproductive study during the lactation iii. Cancer. Based on the data intermittent nature of applications by phase (based decreased body weight); summarized in Unit III.A., EPA has homeowners. There is also potential for however, body weight of the F2 concluded that fluridone does not pose residential post-application exposure offspring returned to control levels after a cancer risk to humans. Therefore, a (dermal, inhalation and incidental the lactation period and no evidence of dietary exposure assessment for the ingestion) for adults and children (3 to susceptibility was observed in the F3 purpose of assessing cancer risk is <6 years old) swimming in treated offspring. unnecessary. water. Residential post-application 3. Conclusion. EPA has determined iv. Anticipated residue and percent exposure is expected to be short-term in that reliable data show the safety of crop treated (PCT) information. EPA did duration only. Further information infants and children would be not use anticipated residue and/or PCT regarding EPA standard assumptions adequately protected if the FQPA SF information in the dietary assessment and generic inputs for residential were reduced to 1X. More information for fluridone. Tolerance-level residues exposures may be found at http:// on that decision can be found at http:// and/or 100% CT were assumed for all www.epa.gov/pesticides/trac/science/ www.regulations.gov in document food commodities. trac6a05.pdf. Fluridone. Human Health Risk 2. Dietary exposure from drinking 4. Cumulative effects from substances Assessment for the Section 3 water. The Agency used screening level with a common mechanism of toxicity. Registration on: Avocado, Mandarin water exposure models in the dietary Section 408(b)(2)(D)(v) of FFDCA (Tangerine), Pistachio, Pomegranate, exposure analysis and risk assessment requires that, when considering whether and Stone Fruit (Crop Group 12–12) in for fluridone in drinking water. These to establish, modify, or revoke a docket ID number EPA–HQ–OPP–2019– simulation models take into account tolerance, the Agency consider 0074. data on the physical, chemical, and fate/ ‘‘available information’’ concerning the transport characteristics of fluridone. cumulative effects of a particular E. Aggregate Risks and Determination of Further information regarding EPA pesticide’s residues and ‘‘other Safety drinking water models used in pesticide substances that have a common EPA determines whether acute and exposure assessment can be found at mechanism of toxicity.’’ EPA has not chronic dietary pesticide exposures are http://www2.epa.gov/pesticide-science- found fluridone to share a common safe by comparing aggregate exposure and-assessing-pesticide-risks/about- mechanism of toxicity with any other estimates to the acute PAD (aPAD) and water-exposure-models-used-pesticide. substances, and fluridone does not chronic PAD (cPAD). For linear cancer Based on the Tier 1 Rice Model v2.0, appear to produce a toxic metabolite risks, EPA calculates the lifetime the estimated drinking water produced by other substances. For the probability of acquiring cancer given the concentrations (EDWCs) of fluridone for purposes of this tolerance action, estimated aggregate exposure. Short-, acute exposures are estimated to be 150 therefore, EPA has assumed that intermediate-, and chronic-term risks parts per billion (ppb) for surface water fluridone does not have a common are evaluated by comparing the and 45 ppb for ground water. For mechanism of toxicity with other estimated aggregate food, water, and chronic exposures for non-cancer substances. For information regarding residential exposure to the appropriate assessments are estimated to be 107 ppb EPA’s efforts to determine which PODs to ensure that an adequate MOE for surface water and 43 ppb for ground chemicals have a common mechanism exists. water. of toxicity and to evaluate the 1. Acute risk. Using the exposure Modeled estimates of drinking water cumulative effects of such chemicals, assumptions discussed in this unit for concentrations were directly entered see EPA’s website at http:// acute exposure, the acute dietary into the dietary exposure model. For www.epa.gov/pesticides/cumulative. exposure from food and water to acute dietary risk assessment, the water fluridone will occupy 2.3% of the aPAD concentration value of 150 ppb was D. Safety Factor for Infants and for all infants (<1-year-old), the used to assess the contribution to Children population group receiving the greatest drinking water. For chronic dietary risk 1. In general. Section 408(b)(2)(C) of exposure. assessment, the water concentration of FFDCA provides that EPA shall apply 2. Chronic risk. Using the exposure value 107 ppb was used to assess the an additional tenfold (10X) margin of assumptions described in this unit for contribution to drinking water. safety for infants and children in the chronic exposure, EPA has concluded

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that chronic exposure to fluridone from IV. Other Considerations FR 9339, February 3, 2017). This action food and water will utilize 7% of the does not contain any information A. Analytical Enforcement Methodology cPAD for children aged 1 to 2 the collections subject to OMB approval population group receiving the greatest Adequate enforcement methodology under the Paperwork Reduction Act exposure. Based on the explanation in (high performance liquid (PRA) (44 U.S.C. 3501 et seq.), nor does Unit III.C.3., regarding residential use chromatography (HPLC) method it require any special considerations patterns, chronic residential exposure to (originally submitted as method AM– under Executive Order 12898, entitled residues of fluridone is not expected. AA–CA–RO52–AA–755)) is available to ‘‘Federal Actions to Address 3. Short-term risk. Short-term enforce the tolerance expression. Environmental Justice in Minority aggregate exposure takes into account B. International Residue Limits Populations and Low-Income short-term residential exposure plus Populations’’ (59 FR 7629, February 16, chronic exposure to food and water In making its tolerance decisions, EPA 1994). (considered to be a background seeks to harmonize U.S. tolerances with Since tolerances and exemptions that exposure level). Fluridone is currently international standards whenever are established on the basis of a petition registered for uses that could result in possible, consistent with U.S. food under FFDCA section 408(d), such as short-term residential exposure, and the safety standards and agricultural the tolerance in this final rule, do not Agency has determined that it is practices. EPA considers the require the issuance of a proposed rule, appropriate to aggregate chronic international maximum residue limits the requirements of the Regulatory exposure through food and water with (MRLs) established by the Codex Flexibility Act (RFA) (5 U.S.C. 601 et short-term residential exposures to Alimentarius Commission (Codex), as seq.), do not apply. required by FFDCA section 408(b)(4). fluridone. Using the exposure This action directly regulates growers, The Codex Alimentarius is a joint assumptions described in this unit for food processors, food handlers, and food United Nations Food and Agriculture short-term exposures, EPA has retailers, not States or Tribes, nor does Organization/World Health concluded the combined short-term this action alter the relationships or Organization food standards program, food, water, and residential exposures distribution of power and and it is recognized as an international result in aggregate MOEs of 1,300 for responsibilities established by Congress food safety standards-setting adults and 1,600 for children. Because in the preemption provisions of FFDCA organization in trade agreements to EPA’s level of concern for fluridone is section 408(n)(4). As such, the Agency which the United States is a party. EPA a MOE of 100 or below, these MOEs are has determined that this action will not may establish a tolerance that is not of concern. have a substantial direct effect on States different from a Codex MRL; however, 4. Intermediate-term risk. or Tribal Governments, on the FFDCA section 408(b)(4) requires that Intermediate-term aggregate exposure relationship between the National EPA explain the reasons for departing takes into account intermediate-term Government and the States or Tribal from the Codex level. residential exposure plus chronic The Codex has not established a MRL Governments, or on the distribution of exposure to food and water (considered for fluridone. power and responsibilities among the to be a background exposure level). An various levels of government or between intermediate-term adverse effect was V. Conclusion the Federal Government and Indian identified; however, fluridone is not Therefore, tolerances are established Tribes. Thus, the Agency has registered for any use patterns that for residues of fluridone, in or on determined that Executive Order 13132, would result in intermediate-term avocado, tangerine, pomegranate, entitled ‘‘Federalism’’ (64 FR 43255, residential exposure. Intermediate-term pistachio, and the fruit, stone, group 12– August 10, 1999) and Executive Order risk is assessed based on intermediate- 12 at 0.1 ppm. 13175, entitled ‘‘Consultation and term residential exposure plus chronic Coordination with Indian Tribal dietary exposure. Because there is no VI. Statutory and Executive Order Governments’’ (65 FR 67249, November intermediate-term residential exposure Reviews 9, 2000) do not apply to this action. In and chronic dietary exposure has This action establishes tolerances addition, this action does not impose already been assessed under the under FFDCA section 408(d) in any enforceable duty or contain any appropriately protective cPAD (which is response to a petition submitted to the unfunded mandate as described under at least as protective as the POD used to Agency. The Office of Management and Title II of the Unfunded Mandates assess intermediate-term risk), no Budget (OMB) has exempted these types Reform Act (UMRA) (2 U.S.C. 1501 et further assessment of intermediate-term of actions from review under Executive seq.). risk is necessary, and EPA relies on the Order 12866, entitled ‘‘Regulatory This action does not involve any chronic dietary risk assessment for Planning and Review’’ (58 FR 51735, technical standards that would require evaluating intermediate-term risk for October 4, 1993). Because this action Agency consideration of voluntary fluridone. has been exempted from review under consensus standards pursuant to section 5. Aggregate cancer risk for U.S. Executive Order 12866, this action is 12(d) of the National Technology population. Based on the lack of not subject to Executive Order 13211, Transfer and Advancement Act evidence of carcinogenicity in two entitled ‘‘Actions Concerning (NTTAA) (15 U.S.C. 272 note). adequate rodent carcinogenicity studies, Regulations That Significantly Affect VII. Congressional Review Act fluridone is not expected to pose a Energy Supply, Distribution, or Use’’ (66 cancer risk to humans. FR 28355, May 22, 2001) or Executive Pursuant to the Congressional Review 6. Determination of safety. Based on Order 13045, entitled ‘‘Protection of Act (5 U.S.C. 801 et seq.), EPA will these risk assessments, EPA concludes Children from Environmental Health submit a report containing this rule and that there is a reasonable certainty that Risks and Safety Risks’’ (62 FR 19885, other required information to the U.S. no harm will result to the general April 23, 1997), nor is it considered a Senate, the U.S. House of population, or to infants and children regulatory action under Executive Order Representatives, and the Comptroller from aggregate exposure to fluridone 13771, entitled ‘‘Reducing Regulations General of the United States prior to residues. and Controlling Regulatory Costs’’ (82 publication of the rule in the Federal

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Register. This action is not a ‘‘major SUMMARY: This notification is to inform for enforcing certain regulations issued rule’’ as defined by 5 U.S.C. 804(2). the public that the Department of Health under the Health Insurance Portability and Human Services (HHS) is exercising and Accountability Act of 1996 List of Subjects in 40 CFR Part 180 its discretion in how it applies the (HIPAA), and the Health Information Environmental protection, Privacy, Security, and Breach Technology for Economic and Clinical Administrative practice and procedure, Notification Rules under the Health Health (HITECH) Act, to protect the Agricultural commodities, Pesticides Insurance Portability and privacy and security of protected health and pests, Reporting and recordkeeping Accountability Act of 1996 (HIPAA). As information (PHI), namely the HIPAA requirements. a matter of enforcement discretion, the Privacy, Security, and Breach Dated: April 13, 2020. HHS Office for Civil Rights (OCR) will Notification Rules (HIPAA Rules). Michael Goodis, not impose penalties for noncompliance During the COVID–19 national with the regulatory requirements under emergency,4 which also constitutes a Director, Registration Division, Office of 5 Pesticide Programs. the HIPAA Rules against covered health nationwide public health emergency, care providers or their business certain covered health care providers, Therefore, 40 CFR chapter I is associates in connection with the good including some large pharmacy chains, amended as follows: faith participation in the operation of a and their business associates may choose to participate in the operation of PART 180—[AMENDED] COVID–19 Community-Based Testing Site (CBTS) during the COVID–19 COVID–19 specimen collection and ■ 1. The authority citation for part 180 nationwide public health emergency. testing sites (Community-Based Testing Sites, or CBTS). For purposes of this continues to read as follows: DATES: The notification of enforcement notification, a CBTS includes mobile, discretion was effective on April 9, Authority: 21 U.S.C. 321(q), 346a and 371. drive-through, or walk-up sites that only 2020, and had a retroactive effect to ■ 2. Amend § 180.420 by: provide COVID–19 specimen collection March 13, 2020, and will remain in ■ a. Adding alphabetically entries for or testing services to the public. ‘‘Avocado’’; ‘‘Fruit, stone, group 12–12’’; effect until the Secretary of HHS OCR will exercise its enforcement ‘‘Pistachio’’; ‘‘Pomegranate’’; and declares that the public health discretion and will not impose penalties ‘‘Tangerine’’ in the table in paragraph emergency no longer exists, or upon the for noncompliance with regulatory (a)(2); and expiration date of the declared public requirements under the HIPAA Rules ■ b. Removing the entries ‘‘Avocado’’; health emergency, including any against covered health care providers and ‘‘Fruit, stone, group 12’’ in the table extensions, (as determined by 42 U.S.C. 1 and their business associates in in paragraph (d). 247d), whichever occurs first. connection with the good faith The additions read as follows: FOR FURTHER INFORMATION CONTACT: participation in the operation of a CBTS Rachel Seeger at (202) 619–0403 or (800) during the COVID–19 nationwide public § 180.420 Fluridone; tolerances for 537–7697 (TDD). residues. health emergency as described below. SUPPLEMENTARY INFORMATION: HHS is (a) * * * II. Who/what is covered by this informing the public that it is exercising (2) * * * notification? its discretion in how it applies the Parts per Privacy, Security, and Breach This notification applies to all HIPAA Commodity million Notification Rules under the Health covered health care providers and their Insurance Portability and business associates when such entities Avocado ...... 0.1 Accountability Act of 1996 (HIPAA) 2 are, in good faith, participating in the during the nationwide public health operation of a CBTS. The operation of ***** a CBTS includes all activities that Fruit, stone, group 12–12 ..... 0.1 emergency declared by the Secretary of HHS.3 support the collection of specimens from individuals for COVID–19 testing. ***** I. Background Pistachio ...... 0.1 III. Covered Health Care Providers and Pomegranate ...... 0.1 The Office for Civil Rights (OCR) at Their Business Associates Should the U.S. Department of Health and Implement Reasonable Safeguards ***** Human Services (HHS) is responsible Tangerine ...... 0.1 OCR encourages covered health care 1 Public Health Emergency Declaration issued by providers participating in the good faith * * * * * HHS Secretary, pursuant to Section 319 of the operation of a CBTS to implement [FR Doc. 2020–08963 Filed 5–15–20; 8:45 am] Public Health Service Act, on January 31, 2020, reasonable safeguards to protect the with retroactive effective date of January 27, 2020. BILLING CODE 6560–50–P For more information, see https://www.phe.gov/ privacy and security of individuals’ PHI. emergency/news/healthactions/phe/Pages/2019- Reasonable safeguards include the nCoV.aspx. following: DEPARTMENT OF HEALTH AND 2 Due to the public health emergency posed by • Using and disclosing only the COVID–19, the HHS Office for Civil Rights (OCR) minimum PHI necessary except when HUMAN SERVICES is exercising its enforcement discretion under the conditions outlined herein. We believe that this disclosing PHI for treatment. 45 CFR Parts 160 and 164 guidance is a statement of agency policy not subject to the notice and comment requirements of the 4 Presidential Proclamation on Declaring a Enforcement Discretion Regarding Administrative Procedure Act (APA). 5 U.S.C. National Emergency Concerning the Novel COVID–19 Community-Based Testing 553(b)(3)(A). OCR additionally finds that, even if Coronavirus Disease (COVID–19) Outbreak (Mar 13, this guidance were subject to the public 2020), available at https://www.whitehouse.gov/ Sites (CBTS) During the COVID–19 participation provisions of the APA, prior notice presidential-actions/proclamation-declaring- Nationwide Public Health Emergency and comment for this guidance is impracticable, national-emergency-concerning-novel-coronavirus- and there is good cause to issue this guidance disease-covid-19-outbreak/. AGENCY: Office of the Secretary, HHS. without prior public comment and without a 5 Secretary of HHS Alex M. Azar, Determination ACTION: Notification of enforcement delayed effective date. 5 U.S.C. 553(b)(3)(B) & (d)(3). that a Public Health Emergency Exists (Jan. 31, discretion. 3 https://www.phe.gov/emergency/news/ 2020), available at https://www.phe.gov/emergency/ healthactions/phe/Pages/2019-nCoV.aspx. news/healthactions/phe/Pages/2019-nCoV.aspx.

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• Setting up canopies or similar a civil money penalty for HIPAA FOR FURTHER INFORMATION CONTACT: opaque barriers at a CBTS to provide violations that occur inside its retail Rachel E. Dickon, Secretary; Phone: some privacy to individuals during the facility at that location that are (202) 523–5725; Email: secretary@ collection of samples. unrelated to the CBTS. fmc.gov. • Controlling foot and car traffic to • A covered clinical laboratory that create adequate distancing at the point has workforce members working on site SUPPLEMENTARY INFORMATION: of service to minimize the ability of at a CBTS could be subject to a civil I. Introduction persons to see or overhear screening money penalty for HIPAA violations interactions at a CBTS. (A six foot that occur at the laboratory itself. On September 17, 2019, the distance would serve this purpose as • A covered health care provider that Commission published proposed well as supporting recommended social experiences a breach of PHI in its guidance, in the form of an interpretive distancing measures to minimize the existing electronic health record system, rule, about factors it may consider when risk of spreading COVID–19.) which includes PHI gathered from the assessing the reasonableness of • Establishing a ‘‘buffer zone’’ to operation of a CBTS, could be subject to demurrage and detention practices and prevent members of the media or public a civil money penalty for violations of regulations under 46 U.S.C. 41102(c) 1 from observing or filming individuals the HIPAA Breach Notification Rule if it and 46 CFR 545.4(d).2 The rule followed who approach a CBTS, and posting fails to notify all individuals affected by years of complaints from U.S. importers, signs prohibiting filming. the breach (including individuals whose exporters, transportation intermediaries, • Using secure technology at a CBTS PHI was created or received from the and drayage truckers that ocean carrier to record and transmit electronic PHI. operation of a CBTS). and marine terminal operator demurrage • Posting a Notice of Privacy and detention practices unfairly Practices (NPP), or information about V. Collection of Information penalized shippers, intermediaries, and how to find the NPP online, if Requirements truckers for circumstances outside their applicable, in a place that is readily This notification of enforcement control.3 These complaints led the viewable by individuals who approach discretion creates no legal obligations Commission to open a Fact Finding a CBTS. and no legal rights. Because this Investigation that substantiated many of Although covered health care document imposes no information these concerns. Based on the providers and business associates are collection requirements, it need not be investigation and previous experience encouraged to implement these reviewed by the Office of Management with demurrage and detention issues, reasonable safeguards at a CBTS, OCR and Budget under the Paperwork the Commission developed guidance will not impose penalties for violations Reduction Act of 1995 (44 U.S.C. 3501 and sought comment in a Notice of of the HIPAA Privacy, Security, and et seq.). Proposed Rulemaking (NPRM).4 The Breach Notification Rules that occur in Dated: April 14, 2020. interpretive rule was intended to reflect connection with the good faith three general principles: operation of a CBTS. Roger T. Severino Director, Office for Civil Rights Department 1. Importers, exporters, intermediaries, and IV. Who/what is not covered by this of Health and Human Services. truckers should not be penalized by demurrage and detention practices when notification? [FR Doc. 2020–09099 Filed 5–15–20; 8:45 am] circumstances are such that they cannot This notification does not apply to BILLING CODE 4153–01–P retrieve containers from, or return containers health plans or health care to, marine terminals because under those clearinghouses when they are circumstances the charges cannot serve their performing health plan and FEDERAL MARITIME COMMISSION incentive function. clearinghouse functions. To the extent 2. Importers should be notified when their that an entity performs both plan and 46 CFR Part 545 cargo is actually available for retrieval. provider functions, the Notification 3. Demurrage and detention policies [Docket No. 19–05] should be accessible, clear, and, to the extent applies to the entity only in its role as possible, use consistent terminology.5 a covered health care provider and only RIN 3072–AC76 to the extent that it participates in a Interpretive Rule on Demurrage and 1 Section 41102(c) represents the recodification of CBTS. Detention Under the Shipping Act section 10(d)(1) of the Shipping Act of 1984. Some This notification also does not apply authorities cited herein refer to section 41102(c) to covered health care providers or their AGENCY: Federal Maritime Commission. while others refer to section 10(d)(1). For ease of reading, we will generally refer to section 41102(c) business associates when such entities ACTION: Final rule. in analyzing these authorities. are performing non-CBTS related 2 SUMMARY: The Federal Maritime Notice of Proposed Rulemaking: Interpretive activities, including the handling of PHI Rule on Demurrage and Detention Under the outside of the operation of a CBTS. Commission is clarifying its Shipping Act, 84 FR 48850 (Sept. 17, 2019). Potential HIPAA penalties still apply to interpretation of the Shipping Act 3 The term ‘‘ocean carrier’’ in this document all other HIPAA-covered operations of prohibition against failing to establish, refers to ocean common carriers subject to 46 U.S.C. observe, and enforce just and reasonable 41102(c). See 46 U.S.C. 40102(18). Although the the covered health care provider or rule focuses on the practices of ocean carriers, i.e., business associate, unless otherwise regulations and practices relating to or vessel-operating common carriers, and marine stated by OCR.6 connected with receiving, handling, terminal operators as defined in the Shipping Act, For example: storing, or delivering property with section 41102(c) also applies to ocean • A pharmacy that participates in the respect to demurrage and detention. transportation intermediaries, and some entities, specifically, non-vessel operating common carriers, operation of a CBTS in the parking lot Specifically, the Commission is are both ‘‘common carriers’’ and ‘‘ocean of its retail facility could be subject to providing guidance as to what it may transportation intermediaries.’’ 46 U.S.C. 40102(17), consider in assessing whether a (20). 6 OCR’s Notifications of Enforcement Discretion demurrage or detention practice is 4 84 FR at 48850–56. and other materials relating to the COVID–19 public unjust or unreasonable. 5 See 84 FR at 48851–53; Fact Finding health emergency are available at https:// Investigation No. 28 Final Report at 32 ((Dec. 3, www.hhs.gov/hipaa/for-professionals/special- DATES: This final rule is effective May 2018) (Final Report), https://www2.fmc.gov/ topics/hipaa-covid19/index.html. 18, 2020. readingroom/docs/FF%20No.%2028/FF-28_FR.pdf.

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The NPRM attempted to provide competition and innovation in business to speed the movement of cargo, the guidance on these principles while operations and policies. purpose for which those charges had making sure that the proposed originally been intended.’’ 11 II. NPRM and Summary of Comments interpretive rule was flexible enough to Aggrieved shippers, intermediaries, account for the variety of marine A. Background and truckers took action in 2016 by terminal operations nationwide and to Although the rule is derived from petitioning the Commission to adopt a allow for innovative commercial Commission’s Fact Finding rule specifying certain circumstances solutions to commercial problems. Investigation No. 28, that investigation under which it would be unreasonable Consequently, instead of prescribing itself was just the Commission’s latest for ocean carriers or marine terminal practices that ocean carriers and marine attempt to reconcile shipper and trucker operators to collect demurrage or terminal operators must adopt or avoid, 12 complaints about ocean carrier and detention. The petitioners were the Commission’s proposed rule was a marine terminal operator demurrage and chiefly concerned that although non-exclusive list of factors that the detention practices with the latter demurrage and detention are intended Commission may consider when groups’ insistence that the to incentivize efficient cargo retrieval assessing the reasonableness of transportation system was working well and container return, ‘‘these charges did demurrage and detention practices and that Commission action was not abate consistently even though under 46 U.S.C. 41102(c) and 46 CFR unnecessary. shippers, consignees, and drayage 545.4(d). Each section 41102(c) case The Commission’s recent focus on providers had no control over the events would continue to be decided on its demurrage and detention began in 2014, that cause[d] the ports to be inaccessible particular facts, and the rule would not when the Commission hosted four and prevented them from retrieving foreclose parties from raising, or the 13 regional port forums regarding their cargo or returning equipment.’’ Commission from considering, factors congestion in the international ocean Petitioners argued that not only were beyond those listed in the rule. supply system.7 These forums were current ocean carrier and marine The Commission received just over terminal demurrage and detention one hundred comments to the NPRM, catalyzed in part by severe winter weather and the expiration of the labor practices unjust and unreasonable, but the vast majority of which supported the permitting ocean carriers and marine Commission’s rule. In particular, agreement covering most West Coast port workers. Although demurrage and terminal operators to levy these charges American importers, exporters, even when cargo and equipment could intermediaries, and truckers urged that detention were not the focus of the forums, shipper and trucker discontent not be retrieved or returned weakened the Commission adopt it, and, in many any incentive for them to address port instances, implored the Commission to with free time, demurrage, and 8 congestion and their own operational do more. Ocean carriers and their detention practices was ‘‘palpable.’’ In response, Commission staff issued inefficiencies.14 The Commission marine terminal operator partners received numerous comments on the opposed the proposed guidance on legal a report, subsequently published by the Commission in 2015, that compiled petition and held two days of public and policy grounds. hearings. Having considered the comments, the shipper concerns about demurrage and detention, examined potential private- In light of the petition, comments, and Commission adopts the rule as set forth testimony, on March 5, 2018, the in the NPRM, with a few minor changes. sector approaches to addressing those concerns, and surveyed possible ways Commission launched a non- In particular, the Commission is adjudicatory fact finding investigation revising the regulatory text to: (1) Adopt the Commission could serve as a 9 into ‘‘current conditions and practices a policy regarding demurrage and catalyst for those efforts. Among other of vessel operating common carriers and detention practices and government things, the report noted that: (1) It marine terminal operators, and U.S. inspections; and (2) to make clear that appeared that ocean carriers, rather than demurrage, detention, and per diem the rule does not preclude the marine terminal operators, generally charges.’’ 15 In so doing, the Commission from considering control demurrage and detention Commission acknowledged the additional factors outside those practices; and (2) there was little petitioners’ concerns, highlighted the specifically listed.6 Importantly, the rule uniformity in demurrage and detention nationwide scope of the Commission’s is not intended to, and cannot, solve terminology or the circumstances under jurisdiction and the variety of every demurrage and detention problem which ocean carriers would waive, demurrage and detention practices or quell all disputes. Rather, it reflects refund, or otherwise mitigate demurrage the Commission’s finding that all and detention, making comparisons across the country, and recognized that across the industry difficult.10 The segments of the industry will benefit 11 from advance notice of how the report also noted ‘‘shippers’ perceptions FMC Demurrage Report at 44. 12 Coalition for Fair Port Practices Petition for Commission will approach the that demurrage charges are not serving Rulemaking, FMC No. P4–16, Ex. A (Dec. 7, 2016) ‘‘reasonableness’’ inquiry under section (Pet. P4–16). Petitioners’ rule would ‘‘essentially 41102(c). The Commission continues to 7 See Fed. Mar. Comm’n, 2014 Port Forums, revive rules that the Commission had in place for believe that such guidance will promote https://www.fmc.gov/about-the-fmc/2014-public- the port of New York for over 40 years.’’ Id. at 32. port-forums/; Fed. Mar. Comm’n, Report, Rules, 13 fluidity in the U.S. freight delivery Pet. P4–16 at 3. Rates, and Practices Relating to Detention, 14 Pet. P4–16 at 4–5 (‘‘But the incentive placed system by ensuring that demurrage and Demurrage, and Free Time for Containerized upon ocean common carriers and marine terminal detention serve their purpose of Imports and Exports Moving Through Selected operators to address port congestion is weakened if incentivizing cargo and equipment United States Ports at 3 (April 3, 2015) (FMC they can levy demurrage, detention, and per diem velocity, and that the interpretive rule Demurrage Report), https://www.fmc.gov/wp- charges against parties who have no influence over content/uploads/2019/04/reportdemurrage.pdf. the operations and conditions that prevent will also mitigate confusion, reduce and 8 Fed. Mar. Comm’n, Report, U.S. Container Port shippers, consignees, and drayage providers from streamline disputes, and enhance Congestion & Related International Supply Chain promptly picking up cargo and returning Issues: Causes, Consequences & Challenges at 75 equipment.’’). 6 The Commission is also making minor changes (July 2015) (FMC Congestion Report), https:// 15 Conditions and Practices Related to Detention, in the final rule, described in more detail below. www.fmc.gov/wp-content/uploads/2019/04/ Demurrage, and Free Time in Int’l Oceanborne _ The Commission has also made technical PortForumReport FINALwebAll.pdf. Commerce, 1 F.M.C.2d 1 (FMC 2018) (Order of formatting changes to the paragraph levels in the 9 FMC Demurrage Report at 1. Investigation), https://www2.fmc.gov/readingroom/ final regulatory text. 10 FMC Demurrage Report at 2,4, 32. docs/FF%20No.%2028/ff-28_ord2.pdf/.

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‘‘[t]he international ocean liner trade • Focusing port and marine terminal 13, 2019, issued its proposed guidance has changed dramatically over the last operations on notice of actual cargo in an NPRM.27 The proposed rule took fifty years, driven in large part by the availability would achieve the goals of the form of a non-exclusive list of advent of containerization.’’ 16 The demurrage and detention practices and factors that the Commission may Commission named Commissioner improve the performance of the consider when assessing the Rebecca F. Dye the Fact Finding Officer international commercial supply reasonableness of demurrage and and charged her with developing a chain.21 detention regulations and practices record on five subjects related to The Fact Finding Officer further under 46 U.S.C. 41102(c).28 Consistent demurrage and detention: (a) found that the U.S. international ocean with Commission caselaw on section Comparative commercial conditions and freight delivery system, and American 41102(c), the chief consideration was practices in the United States vis-a`-vis economy, would benefit from: whether ocean carrier and marine other maritime nations; (b) tender of D Transparent, standardized language terminal operator practices are tailored cargo; (c) billing practices; (d) practices for demurrage and detention practices; to meet their intended purposes.29 In regarding delays caused by intervening D Clear, simplified, and accessible the case of demurrage and detention, the events; and (e) dispute resolution demurrage and detention billing rule stated, this means considering the practices.17 The Commission stated it practices and dispute resolution extent to which demurrage and would use the resulting record and Fact processes; detention serve their purposes as Finding Officer’s recommendation to D Explicit guidance regarding the financial incentives to promote freight determine its policies with respect to types of evidence relevant to resolving fluidity.30 The rule also set forth demurrage and detention.18 demurrage and detention disputes; illustrations of how the Commission The Fact Finding Investigation lasted 17 D Consistent notice to cargo interests might apply this principle, and months and involved written discovery, of container availability; and additional considerations the field interviews, and group discussions D An FMC Shipper Advisory Board.22 Commission might weigh, in various with industry leaders.19 The The Fact Finding Officer ultimately contexts, e.g., empty container return.31 investigation revealed a situation recommended that the Commission: (a) The Commission discussed government marked by: (1) Increasing demurrage Implement the guidance from the inspections in the NPRM but deferred and detention charges even after investigation’s Final Report in an issuing guidance with respect to that controlling for weather and labor events; interpretive rule; (b) establish a Shipper issue until it received industry (2) complexity; and (3) a lack of clarity Advisory Board; and (c) continue to comment. and consistency regarding demurrage support the FFO’s work with The industry responded to the NPRM 32 and detention practices, policies, and stakeholders in Memphis.23 As to the with over one hundred comments. terminology.20 On December 3, 2018, first recommendation, the Fact Finding Most commenters supported the 33 the Fact Finding Officer found that: Officer emphasized the ‘‘longstanding proposed guidance. This support • Demurrage and detention are principle that practices imposed by came primarily from importers, valuable charges when applied in ways tariffs, which are implied contracts by exporters, transportation intermediaries, that incentivize cargo interests to move law, must be tailored to meet their and truckers, large and small, and their cargo promptly from ports and marine intended purpose.’’ 24 Accordingly, the trade associations, from across the terminals; Fact Finding Officer explained, ‘‘when United States. To the extent their • All international supply chain incentives such as demurrage and comments departed from the rule, it was actors could benefit from transparent, detention no longer function because to ask the Commission to do more: To consistent, and reasonable demurrage shippers are prevented from picking up be more prescriptive and require ocean and detention practices, which would cargo or returning containers within carriers to take certain actions and improve throughput velocity at U.S. time allotted,’’ absent extenuating refrain from others, to apply the ports, allow for more efficient use of circumstances, ‘‘charges should be proposed guidance to more situations business assets, and result in suspended.’’ 25 The Fact Finding Officer and contexts than described expressly administrative savings; and also recommended that the Commission in the NPRM, and to consider more make clear in its proposed guidance that 16 Id. at 2. it may consider other factors in the 27 See Fed. Mar. Comm’n, Commission Approves 17 Id. at 2–3. Dye’s Final Recommendations on Detention and ‘‘reasonableness inquiry’’ under section Demurrage (Sept. 6, 2019), https://www.fmc.gov/ 18 Id. at 2. 41102(c), including the ‘‘existence, commission-approves-dyes-final-recommendations- 19 In the first phase of the investigation, the Fact accessibility, and transparency of on-detention-and-demurrage/; Fed. Mar. Comm’n, Finding Officer (FFO) obtained information and demurrage and detention policies, Proposed Interpretive Rule on Demurrage and documents from twenty-three ocean carriers and Detention Issued (Sept. 13, 2019), https:// forty-four marine terminal operators and operating including dispute resolution policies www.fmc.gov/proposed-interpretive-rule-on- ports, as well as importers, exporters, truckers, and (and related concepts such as clear bills demurrage-and-detention-issued/. intermediaries. Final Report at 7–8. In the and evidence guidelines), and clarified 28 84 FR at 48855–48856. investigation’s second phase, the FFO met in- 26 29 person and telephonically with representatives language.’’ 84 FR at 48852. from a cross section of the industry, including over 30 84 FR at 48855. twenty-five ports and marine terminal operators. Id. B. Notice of Proposed Rulemaking and 31 84 FR at 48855–48856. at 11. In the third phase, the FFO met with Comments 32 In promulgating this final rule and as discussed stakeholders in groups to discuss the feasibility of below, the Commission has considered all implementing some of the recommendations from The Commission adopted the Fact comments filed on or before the comment deadline the first two investigatory phases. Letter from Finding Officer’s recommendation on of October 31, 2019, as well as all comments filed Rebecca F. Dye, Commissioner, to Michael A. September 6, 2019, and on September between November 1, 2019 and March 31, 2020. Khouri, Chairman, Daniel B. Maffei, Commissioner, Although we received additional comments in Louis E. Sola, Commissioner, Federal Maritime April 2020, it was not possible to consider these 21 Final Report at 32. Commission (Aug. 27, 2019) (FF28 Letter). comments given the drafting schedule for the final 22 Final Report at 32. 20 Fact Finding Investigation No. 28 Interim rule. 23 Report at 5–14 (Sept. 4, 2018) (Interim Report), FF28 Letter at 1. 33 Approximately 60 commenters expressly https://www2.fmc.gov/readingroom/docs/ 24 FF28 Letter at 1. supported the proposed guidance, and another 20 FF%20No.%2028/FF28_int_rpt2.pdf/; Final Report 25 FF28 letter at 2. commenters supported the proposed guidance at 25, 29–30. 26 FF28 Letter at 2. implicitly or in part.

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circumstances as justifying mitigation of These characterizations bear little the Commission specified that the demurrage and detention. resemblance to the proposed rule.40 The illustrations of how the factors might In contrast, ocean carriers, marine rule consists of a non-exclusive list of apply in the NPRM were subject to 47 terminal operators, chassis lessors, and factors for the Commission to consider ‘‘extenuating circumstances.’’ In other cooperative working agreements of when determining whether demurrage words, the Commission would consider ocean carriers and marine terminal and detention practices are ‘‘just and any additional or countervailing 41 operators 34 opposed the rule. Also reasonable’’ under 46 U.S.C. 41102(c). arguments or evidence raised by the opposing the rule were trade And aside from the general incentive parties in a particular case. associations such as the World Shipping principle, which the proposed rule It appears from ocean carrier and indicated the Commission will marine terminal operator comments, Council (WSC), a trade group 42 representing the interests of consider, the particular applications however, that some may have approximately 90 percent of the global of that principle and other factors listed misunderstood the nature of the liner vessel capacity, whose members are things the Commission may proposed rule. Consequently, the final include companies such as China consider. The Commission also sought rule includes a new paragraph COSCO Shipping Corporation, in the preamble of the NPRM to give a confirming that nothing in the rule Mediterranean Shipping Company, and sense of how those factors might weigh precludes the Commission from in particular contexts 43 and gave some A.P. M

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duties, (2) whether the agency has published is issuing guidance in part to mitigate policy statements derives from the the rule in the Code of Federal Regulations, confusion about how the Commission APA.65 The only reference to the (3) whether the agency has explicitly invoked may apply section 41102(c) with respect Commission’s general rulemaking its general legislative authority, or (4) to demurrage and detention.57 Providing authority under 46 U.S.C. 305 in the whether the rule effectively amends a prior legislative rule. If the answer to any of these advance notice ‘‘facilitates long range NPRM copies the preexisting authority questions is affirmative, we have a planning within the regulated industry, citation for part 545 of the legislative, not an interpretive rule.52 and allows the public a chance to Commission’s regulations.66 And the None of the factors support treating contemplate an agency’s views before Commission’s rule does not amend any the Commission’s non-exclusive list of those views are applied to particular prior legislative rule. 58 Because the Commission’s guidance is considerations as a legislative rule. WSC factual circumstances.’’ Commission not a legislative rule, APA requirements argues that the rule meets the first prong guidance will not only help ocean applicable solely to legislative rules are because it ‘‘without question proposes carriers and marine terminal operators inapplicable here. That said, new, enforceable obligations on carriers avoid section 41102(c) liability, but it commenters’ APA-related arguments are with respect to detention practices.’’ 53 will also raise awareness of shipper, unpersuasive. The primary distinction According to WSC, the rule and NPRM intermediary, and trucker obligations. under the APA between legislative rules would require substantial changes in The ‘‘mere fact’’ that an interpretive rule on one hand and interpretive rules and how carriers operate, and ‘‘the proposed could have a ‘‘substantial impact does statements of policy on the other is that rule would create new grounds for not transform it into a legislative 59 54 rule.’’ the former require notice and comment reparations actions.’’ 67 The rule does not, however, have Additionally, the rule is not while the latter do not. While not ‘‘legal effect’’ within the meaning of the legislative because the Commission required to engage in notice-and- American Mining test. The rule could published the NPRM in the Federal comment rulemaking, the Commission not be the basis for a Commission Register and because the final rule will nonetheless provided notice and enforcement action or a private party be codified in the Code of Federal requested comment on the proposed reparation action. There are no Regulations (CFR). While publication in rule in this case, and ocean carriers, ‘‘requirements’’ or mandates or dictates the CFR is a factor courts look at, it is marine terminal operators, importers, in the rule for an ocean carrier to based on a presumption, 60 and exporters, intermediaries, and truckers violate. In other words, one cannot bring publication or its absence is nothing also had the opportunity to weigh in on an action based on the rule alone—the more than a ‘‘snippet of evidence of possible Commission action during the basis for any legal action would be agency intent’’; it is not determinative.61 Fact Finding No. 28 investigation. WSC argues that the Commission section 41102(c). Similarly, the rule The Commission customarily publishes failed in the NPRM to discuss the record does not subject regulated entities to non-legislative rules in the CFR in a part in detail or link the evidentiary record any new legal authority. They were titled ‘‘Interpretations and Statements of 62 to the ‘‘reasonableness’’ standard under already subject to section 41102(c)’s Policy.’’ For instance, the section 41102(c).68 But the principles in requirement that their practices be ‘‘just Commission published an interpretive the interpretive rule flow directly from and reasonable.’’ Further, the NPRM rule regarding section 41102(c) in the information the Commission received makes clear that each demurrage and CFR as recently as December 2018.63 during the Fact Finding No. 28 detention case under section 41102(c) Here, the Commission reasoned that investigation and described in the Fact would be decided on its own facts, and publication in the Federal Register and Finding reports, which the Commission the Commission is adding a provision to CFR was not only consistent with its cited in the NPRM. The Commission the final rule to expressly reflect that the normal practice, but would promote focused on the ‘‘incentive principle’’ Commission may consider additional public notice of the guidance.64 because section 41102(c) requires that factors, arguments, and evidence The Commission’s guidance also does regulations and practices be tailored to presented in individual cases. A set of not qualify as a legislative rule under meet their intended purpose,69 and factors issued as guidance does not the final two American Mining criteria. because fact finding participants constitute a legislative rule.55 The Commission did not invoke its Moreover, that the industry might rely general legislative authority to issue its repeatedly told the Commission that on the guidance in the Commission’s interpretive rule. The Commission’s demurrage and detention were incentive rule, and that ocean carriers and marine authority to issue interpretive rules and 65 See Splane v. W., 216 F.3d 1058, 1066 (Fed. terminal operators might feel ‘‘pressure Cir. 2000) (‘‘[A]n agency’s statutory authority to 57 to voluntarily conform’’ does not make 84 FR at 48851. issue interpretive rules is implicit in sections the rule legislative.56 The Commission 58 Sec. Indus., 67 F. Supp. 3d at 422 (internal 552(a)(1) and 553 of title 5.’’). Because the source quotation marks and citations omitted). of the Commission’s authority to issue guidance is 59 Cent. Texas Tel. Coop. v. FCC, 402 F.3d 205, the APA and 46 U.S.C. 41102(c), the National 52 Am. Mining Cong. v. Mine Safety & Health 214 (D.C. Cir. 2005). Admin., 995 F.2d 1106, 1112 (D.C. Cir. 1993). Federation of Independent Business’s argument that 60 Am. Mining Cong., 995 F.2d at 1109 (‘‘Second, 46 U.S.C. 305 does not grant the Commission power 53 WSC at 4. an agency presumably intends a rule to be to prescribe regulations to implement section 54 WSC at 5. legislative if it has the rule published in the Code 41102(c) is unpersuasive. Nat’l Fed. Ind. Business 55 Cf. Inv. Co. Inst. v. CFTC, 720 F.3d 370, 381 of Federal Regulations . . . .). at 2–3. Moreover, as described in further detail in (D.C. Cir. 2013) (noting that guidance in form of a 61 Health Ins. Ass’n of Am. v. Shalala, 23 F.3d Part III.A.2, infra, the Commission has the authority seven-factor test was not subject to the APA’s 412, 423 (D.C. Cir. 1994). to prescribe regulations under section 41102(c). The notice-and-comment provision). 62 46 CFR part 545. commenter also correctly points out that the 56 Sec. Indus. & Fin. Mkts. Ass’n v. CFTC, 67 F. 63 Commission could achieve results similar to the Supp. 3d 373, 422 (D.D.C. 2014). In determining Final Rule: Interpretive Rule, Shipping Act of 1984, 83 FR 64478 (Dec. 17, 2018). rule via adjudication. Id. at 3. The choice whether that the agency issuance was a policy statement as to proceed via adjudication or rulemaking, 64 Cf. Am. Mining Cong., 995 F.2d at 1112 (‘‘The opposed to a legislative rule, the court reasoned that however, ‘‘lies primarily in the informed discretion protection that Congress sought to secure by ‘‘[p]ractical consequences, such as the threat of of the administrative agency.’’ SEC v. Chenery requiring notice and comment for legislative rules having to defend itself in an administrative hearing Corp., 332 U.S. 194, 203 (1947). is not advanced by reading the exemption for should the agency actually decide to pursue 66 enforcement pursuant to the policies within the ‘interpretive rule’ so narrowly as to drive agencies 84 FR at 48855. Cross-Border Action are insufficient to bring an into pure ad hocery—an ad hocery, moreover, that 67 5 U.S.C. 553. agency’s conduct under [the Court’s] purview.’’ Id. affords less notice, or less convenient notice, to 68 WSC at 6–8. (internal quotation marks omitted). affected parties.’’). 69 Distribution Servs., 24 S.R.R. at 722.

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charges.70 The Commission’s guidance interpretive rule.75 Commission complainant bears the ultimate burden emphasizes cargo availability and notice precedent is not ‘‘binding’’ on the of proving unreasonableness.83 thereof because ocean carrier and Commission—the Commission can The rule does not change that marine terminal operators generally change course in a subsequent case.76 framework. A complainant would still agreed that their carrier obligations were NAWE has not explained why have the burden of proving all the related to the concepts of reasonable Commission could not also change elements of a section 41102(c) claim notice of cargo availability and course via an interpretive rule,77 under 46 CFR 545.4, including proving reasonable opportunity to retrieve cargo, especially when the Commission by a preponderance of the evidence that and because the ‘‘issue most frequently recently did so in a 2018 interpretive the demurrage or detention practice or discussed during Phase Two was notice rule that ocean carriers and MTOs regulation at issue is ‘‘unjust or of container availability and the supported.78 unreasonable.’’ It is true that the rule might help a complainant prove that relationship between container Many of these same commenters availability and demurrage free time.71 element by giving guidance about what further contend that the interpretive sort of arguments and evidence the The Commission’s guidance focused on rule would shift the burden of proof in the existence, clarity, content, and Commission is likely to find relevant. section 41102(c) cases in violation of the Setting forth factors that the accessibility of demurrage and detention APA.79 But nothing in the rule changes dispute resolution and billing practices, Commission might consider in a case, the burden of proof. Under the APA and however, does not shift the burden of and demurrage and detention Commission regulations, ‘‘the proof.84 terminology, because the Commission’s proponent of a rule or order has the review of ocean carrier and marine burden of proof.’’ 80 This burden of 2. Statutory Authority terminal operator records (some of persuasion does not shift, even if the which are public, e.g., tariffs) and Another objection raised by burden of producing evidence does in commenters is that the Commission discovery responses showed that the some cases.81 In a section 41102(c) case, practices were rife with complexity, lacks authority under the Shipping Act the complainant has the burden of to issue the interpretive rule.85 inconsistency, lack of transparency, and persuading the Commission that a variability.72 Commenters point out that section 17 of practice or regulation is unjust or the Shipping Act of 1916, the WSC’s objection appears to be that the unreasonable, and if that burden is met, Commission did not cite or discuss the predecessor of section 41102(c), stated the burden of refuting that conclusion is that not only must regulated entities specific documents it reviewed during on the respondent.82 In all instances, the the Fact Finding Investigation. The establish, observe, and enforce just and Commission does not, however, reasonable regulations and practices 75 NAWE at 6 n.2 (asserting that ‘‘the NPRM raises typically make public its investigatory relating to or connected with the additional legal issues in that it seeks to change receiving, handling, storing, or records in such proceedings.73 binding precedent through a non-binding, Additionally, most ocean carriers and interpretative rule’’). delivering of property, but also the marine terminal operators requested 76 See Gen. Am. Transp. Corp. v. ICC, 872 F.2d Commission, upon finding that any confidentiality for the responses and 1048, 1060 (D.C. Cir. 1989) (‘‘It seems to us such regulation or practice is unjust or presumptively reasonable that a controlling unreasonable, may determine, prescribe, documents they submitted to the principle announced in one adjudication may be modified in a subsequent adjudication . . . .’’); id. and order enforced a just and reasonable Commission during Phase One of the 86 investigation. The Commission assumes (‘‘As we have said before, ‘adjudicatory decisions regulation or practice. The Shipping that WSC is not suggesting that the do not harden into ‘‘rules’’ which cannot be altered Act of 1984, however, replaced this or reversed except by rulemaking simply because language with: ‘‘No common carrier, Commission should ignore those they are longstanding.’ ’’) (quoting Chisholm v. FCC, requests for confidentiality. 538 F.2d 349, 365 (D.C. Cir. 1976)). ocean freight forwarder, or marine Several ocean carrier and marine 77 Cf. Health Ins. Ass’n, 23 F.3d at 424–25 (noting terminal operator may fail to establish, that disincentivizing the issuance of interpretive observe, and enforce just and reasonable terminal operator commenters also rules would lead to the ‘‘ironic result’’ that ‘‘the argue that the Commission’s rule would regulations and practices relating to or entities affected by the agency’s interpretations connected with receiving, handling, depart from Commission precedent would be left more in the dark than before, for clues storing, or delivering property.’’ 87 without adequate explanation.74 The to the agency’s reading of the relevant texts would rule, however, with a few exceptions emerge only on an ad hoc basis’’). According to commenters, by removing 78 See Final Rule: Interpretive Rule, Shipping Act the second sentence of section 17 of the explained in more detail below, is of 1984, 83 FR 64478, 64478 (Dec. 17, 2018); NPRM: consistent with the Commission’s 1916 Act’’ from its 1984 equivalent, Interpretive Rule, Shipping Act of 1984, 83 FR Congress ‘‘eliminated the Commission’s approach to applying section 41102(c) 45367, 45367–68 (Sept. 7, 2018). and its predecessors (i.e., section 17 of 79 NAWE at 6 (‘‘Here, the NPRM would have the effect of shifting the burden of proof from a 83 Id. at *42. the Shipping Act of 1916). Further, the complaining shipper, receiver or motor carrier to 84 In Maher Terminals, LLC v. Port Auth. of NY. commenters provide no support for the marine terminal operator, which would be & N.J., for instance, the Commission listed a their suggestion that the Commission required to overcome the presumption of number of factors it would consider in determining cannot change agency precedent via an unreasonableness effectively established by the whether a respondent granted an unreasonable NPRM and demonstrate the reasonableness of preference, and in so doing it did not change the assessing the charge in that situation.’’); Am. Ass’n burden of proof. FMC Case No. 08–03, 2016 FMC 70 Final Report at 12 (‘‘Importantly, almost every of Port Authorities at 2; OCEMA at 2–3; WCMTOA LEXIS 61 *9–*11 (FMC Oct. 26, 2016). Phase Two respondent characterized demurrage as at 5 n.2. 85 NAWE at 3–4 (‘‘Because the NPRM would have an incentive, to get containers out of the 80 5 U.S.C. 556(d); 46 CFR 502.203. the effect of specifying those regulations and terminal.’’); Interim Report at 2–3. 81 Maher Terminals, LLC v. Port Auth. of N.Y. & practices which are reasonable and those which are 71 Interim Report at 9; Final Report at 18. N.J., FMC Case No. 08–03, 2014 FMC LEXIS 35, at not, it is beyond the scope of the Commission’s 72 Interim Report at 5–6, 10–11, 12, 14; see also *41–*43 (FMC 2014), remanded on other grounds, authority under the Shipping Act and would be Final Report at 11–18. Maher Terminals, LLC v. Fed. Mar. Comm’n, 816 unlawful.’’); WSC at 10–11. 73 See, e.g., Order of Investigation (authorizing the F.3d 888 (D.C. Cir. 2016). 86 Shipping Act, 1916, Public Law 64–260, 17, 39 fact finding officer to hold public or nonpublic 82 Maher Terminals, 2014 FMC LEXIS at *35 Stat. 728, 734–35 (1916). sessions); 46 CFR 502.291. (citing River Parishes Co. v. Ormet Primary 87 Shipping Act of 1984, Public Law 98–237, 74 Am. Ass’n of Port Authorities at 2; NAWE at Aluminum Corp., 28 S.R.R. 751, 765 (FMC 1999)); 10(d)(1), 98 Stat. 67, 89 (1984). This is substantially 5–6; OCEMA at 5; PMSA at 8–9; WCMTOA at 7, Exclusive Tug Arrangements in Port Canaveral, similar to how the statute appears today. 46 U.S.C. 8, 12; WSC at 8, 13. Fla., 29 S.R.R. 1199, 1222 (ALJ 2003). 41102(c).

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authority to determine, prescribe and 3. Shipping Act Purposes terminal operators comply with their order enforcement of a just and A few marine terminal operator and preexisting duty under section 41102(c) reasonable regulation or practice.’’ 88 ocean carrier commenters further claim to ensure their practices are reasonably This argument misses the mark, that the rule is inconsistent with the tailored to match their purposes. however, because the rule does not purposes of the Shipping Act because it Further, the ‘‘discrimination’’ the Shipping Act is concerned with is determine, prescribe, or order represents ‘‘extreme government discrimination by ocean carriers and enforcement of a reasonable practice; intrusion into the market’’ and marine terminal operators against that is, it does not prescribe specific discriminates against ocean carriers and shippers and others in the industry, not practices that regulated entities must marine terminal operators by placing all so-called discrimination by the adopt.89 The Commission avoided doing risk on them.93 The purposes of the Shipping Act are to: Commission against the entities it so because it did not want to inhibit • oversees.97 This general purpose aligns stakeholders from developing new and Establish a nondiscriminatory regulatory process for the common with the more specific mandate in better practices. Consequently, even if section 41102(c) that the Commission the differences between section 17 of carriage of goods by water in the foreign commerce of the United States with a determine the reasonableness of certain the 1916 Act and section 41102(c) carrier and marine terminal operator removed some Commission authority, minimum of government intervention and regulatory costs; practices. In sum, it is consistent with the present rule is not implicated. • Provide an efficient and economic the purposes of the Shipping Act for the In addition, although the Commission transportation system in the ocean Commission to address the concerns of has not elected to issue a legislative rule commerce of the United States that is, American importers, exporters, in this case, the Commission disagrees insofar as possible, in harmony with, intermediaries, and truckers. with the contention that it lacks the and responsive to, international 4. Executive Orders authority to issue rules prohibiting shipping practices; practices or regulations determined to • Encourage the development of an Two commenters assert that the be unjust or unreasonable. The economically sound and efficient liner Commission’s interpretive rule violates Commission has broad general fleet of vessels of the United States various executive orders. First, NAWE rulemaking authority under 46 U.S.C. capable of meeting national security argues that ‘‘[b]y specifying the behavior or manner of compliance that regulated 305, which provides that the needs; and entities should adopt rather than Commission ‘‘may prescribe regulations Promote the growth and development performance objectives, the NPRM to carry out its duties and powers.’’ 90 of United States exports through violates Executive Order 12866.’’ 98 The Commission has relied on this competitive and efficient ocean Executive Order 12866, titled authority and section 41102(c) to issue transportation and by placing a greater ‘‘Regulatory Planning and Review,’’ was regulations prohibiting certain practices reliance on the marketplace.94 The Commission fails to see how issued in 1993. It sets forth several determined to be unjust and ‘‘principles of regulation,’’ one of which 91 issuing an interpretive rule while unreasonable, and the D.C. Circuit has is that ‘‘[e]ach agency shall identify and affirmed this authority.92 declining calls for more prescriptive regulation,95 represents ‘‘extreme assess alternative forms of regulation government intrusion.’’ It is unclear and shall, to the extent feasible, specify 88 NAWE at 4. performance objectives, rather than 89 based on the comments whether there is Put differently, the Commission is not saying specifying the behavior or manner of ‘‘regulated entities must do X;’’ it is saying ‘‘here anything the Commission could do are factors the Commission may apply when compliance that regulated entities must regarding demurrage and detention that 99 determining whether Y practices are unreasonable.’’ ocean carriers and marine terminal adopt.’’ According to NAWE, the 90 This section represents a recodification of two ‘‘effect of the NPRM is to require similarly worded provisions, section 201(c) of the operations would not object to as overly 96 regulated entities to engage in specific Merchant Marine Act of 1936, Public Law 74–835, intrusive regulation. That one purpose and section 17(a) of the Shipping Act of 1984. See behavior,’’ contrary to the executive of the Shipping Act is to minimize 100 H.R. Rep. No. 109–170, at 28 (2005) government intervention does not mean order. 91 The Commission’s guidance is not See, e.g., NPRM: Filing of Tariffs by Marine that the Commission may abandon its Terminal Operators Exculpatory Provisions, 51 FR inconsistent with Executive Order duty to prevent unreasonable practices 15655 (Apr. 25, 1986) (‘‘Tariff provisions that 12866. As in initial matter, the order exculpate or otherwise relieve marine terminal under section 41102(c). does not apply to the Commission. It operators from liability for their own negligence, or Nor is the interpretive rule expressly excludes from its scope that would impose upon others the obligation to discriminatory within the meaning of indemnify or save harmless the terminals from the Shipping Act. There is nothing liability for their own negligence, are, as a rule, 97 ‘‘The primary purpose of the shipping laws unjust and unreasonable and, therefore, contrary to discriminatory about the Commission administered by the FMC is to protect the shipping the provisions of section 17 of the Shipping Act, describing factors that would help industry’s customers, not members of the industry,’’ 1916 and section 10(d)(1) of the Shipping Act of ensure that ocean carriers and marine Boston Shipping Ass’n v. Fed. Mar. Comm’n, 706 1984.’’); NPRM: Exemption of Certain Marine F.2d 1231, 1238 (1st Cir. 1983), and the Act ‘‘exists Terminal Services Arrangements, 56 FR 22384, in large measure to protect shippers and other 22387–22388 (May 15, 1991) (concluding that the 93 NAWE at 9–10; WSC at 11–12; Ports Am. At persons from unreasonable or discriminatory carrier differences between section 17 of the 1916 Act and 2–3. practices,’’50 Mile Container Rules’’ section 10(d)(1) of the 1984 Act did not preclude 94 46 U.S.C. 40101. Implementation by Ocean Common Carriers Serving the Commission from requiring filing of marine 95 E.g., Pet. P4–16, Ex. A. U.S. Atl. & Gulf Coast Ports, 24 S.R.R. 411, 457–58 terminal operator tariffs, and relying on section 96 E.g. WCMTOA at 3 (‘‘Any proposed change to (FMC 1987). See also Credit Practices of Sea-Land 10(d)(1) and section 17 of the 1984 Act as authority the current model introduces risk that cargo dwell Service, Inc., 25 S.R.R. 1308, 1313 (FMC 1990) to continue those requirements); See also 46 CFR times on the terminals will increase, effectively (‘‘The Commission most recently recognized this 515.32(d); 46 CFR 515.41(c); 46 CFR 525.2(a)(1). reducing terminal throughput capacity causing policy in stating that ‘[t]he prevention of economic 92 See Nat’l Customs Brokers & Forwarders Ass’n increased non-compensated costs to MTOs’’); WSC discrimination is at the heart of the regulatory v. United States, 883 F.2d 93, 98–101 (D.C. Cir. at 12–13 (‘‘Those charges and the way each line scheme established by Congress in the 1984 Act.’ ’’) 1989); id. at 100 (‘‘We uphold the FMC’s constant build[s] them and use[s] them creates real (emphasis added). rule on the ground that the Commission, in the competition among carriers and should not be 98 NAWE at 6. reasonable exercise of its rulemaking authority, may regulated because these would distort those factors 99 Exec. Order No. 12866, § 1(b)(8), 51 FR 51735, interpret section 10(d)(1) to prohibit forwarder in the marketplace.’’) (citing testimony of Paolo at 51736 (Oct. 4, 1993). discrimination in the charges billed to customers.’’). Magnani, an ocean carrier executive). 100 NAWE at 7–8.

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‘‘independent regulatory agencies’’ such however, voluntarily undertaken property.’’ 112 If a practice (or the as the Commission.101 Further, as regulatory reform efforts consistent with absence of a practice) in a tariff is explained above, the rule is not the spirt of the order.108 There is no ‘‘unreasonable’’ under the latter specifying behavior that regulated evidence that the rule on demurrage and prohibition, it is no defense to rely on entities must adopt; it is describing a detention is outdated, unnecessary, or the former. ‘‘The [filed rate] doctrine is non-exclusive list of factors the otherwise interferes with regulatory meant to preserve the integrity of filed Commission will consider in evaluating reform initiatives and policies. The tariff laws, not to provide carriers with the reasonableness of demurrage and Commission’s interpretive rule is an irrebuttable excuse for alleged detention practices. consistent with the goals of regulatory violations of the Act.’’ 113 Additionally, in light of NAWE’s reform and Congress’s mandate that the Nor does the Shipping Act necessarily arguments that the proposed rule is too Commission protect U.S. shippers and require common carriers to apply all prescriptive, the Commission is their agents from unreasonable tariffed charges without exception. perplexed by NAWE’s assertion that the practices. Section 41104 requires that ocean Commission should instead specify carriers provide service in accordance ‘‘performance objectives,’’ a much more 5. Filed Rate Doctrine with their rules and practices. Those intrusive undertaking. That is, rather A few commenters question whether rules and practices can provide ocean than its traditional approach to section statements in the NPRM that the carriers with the flexibility to mitigate 41102(c), NAWE would apparently Commission may consider whether charges (by waiver, refund, or free time prefer the Commission set, and assess demurrage or detention practices extension) in appropriate cases. During compliance with, performance metrics. provide for mitigation of charges when the Fact Finding Investigation, ‘‘[m]ost Examples of such metrics commonly cargo cannot be retrieved, or containers VOCCs and MTOS stated that they have used to assess cargo fluidity include returned, can be reconciled with the a policy for extending free time or container dwell time, truck turn time, ‘‘filed rate doctrine.’’ The ‘‘filed rate waiving or otherwise mitigating and gate moves. Some commenters doctrine’’ ‘‘provides that any entity demurrage and detention caused by would welcome that approach.102 But required to file tariffs governing the circumstances outside of the control of others have approached performance rates, terms, and conditions of service cargo interests or truckers,’’ and several objectives with caution.103 must adhere strictly to those terms.’’ 109 provided tariffs reflecting such The other executive order mentioned Commenters argue that the rule might policies.114 Similarly, the Commission by commenters is Executive Order require ocean carriers to deviate from has permitted deviations from tariff 13777, titled ‘‘Enforcing the Regulatory their tariffs in contravention of this rates when parties settle bona fide Reform Agenda.’’ 104 Issued in 2017, this doctrine.110 disputes.115 While there is some tension Executive Order’s purpose was to This issue involves reconciling two between the filed rate doctrine and ‘‘lower regulatory burdens on the different prohibitions in the Shipping encouraging regulated entities to American people by implementing and Act. The Shipping Act incorporates the mitigate demurrage and detention under enforcing regulatory reform.’’ 105 WSC filed rate doctrine by prohibiting certain circumstances, the Commission asserts that the ‘‘NPRM’s imposition of common carriers from providing service is equipped to distinguish legitimate additional regulatory costs and burdens in the liner trade that is ‘‘not in resolution of demurrage and detention is in direct contrast with the Executive accordance with the rates, charges, disputes from sham settlements and Order.’’ 106 classifications, rules, and practices illegal rebates. Executive Order 13777, like Executive contained in a’’ published tariff.111 The Order 12866, is not binding on the Shipping Act also, however, prohibits B. General Policy Comments to Rule Commission.107 The Commission has, common carriers from failing ‘‘to The commenters also raised several establish, observe, and enforce just and policy issues relating to the rule in 101 Exec. Order No. 12866 § 3(b), 51 FR at 51737; reasonable regulations and practices general rather than specific sections. 44 U.S.C. 3502(5). relating to or connected with receiving, These comments fall into several 102 Nat’l Retail Sys. at 1 (requesting ‘‘KPI’s for handling, storing, or delivering general categories: (a) The desirability of terminal operators to be agreed upon with the import community (drayage) terminal operators’’); Transways Motor Express at 1 (‘‘Free time should visited Apr. 5, 2020) (noting that ‘‘as an 112 46 U.S.C. 41102(c). be extended on all cargo at a terminal when service independent regulatory agency the FMC is not 113 Total Fitness Equipment, Inc. v. Worldlink levels (turn times/congestion) fall below an required to comply with the recent regulatory Logistics, Inc., 1998 FMC LEXIS 18 *26–27 (FMC acceptable level’’); Transworld Logistics & Shipping reform executive orders’’). Dec. 10, 1998); id. at *26 (‘‘The filed rate doctrine Servs. (‘‘As far as ports go it[’]s important each 108 Id.; Notice of Inquiry: Regulatory Reform does not function as a carte blanche to justify terminal be certified with a capacity like in any Initiative, 85 FR 25221 (June 1, 2017). whatever action a carrier believes is appropriate.’’). other industry, this capacity should be based on the 109 Muzorori v. Can. State Africa Lines, Inc., 2016 114 Interim Report at 12; see also FMC Demurrage standard of efficiency and the turnaround time.’’). FMC LEXIS 45 at *71 n.62 (FMC July 14, 2016) Report at 18 (‘‘There are exceptions to the 103 The Final Report of the Commission’s Supply (Khouri, Commissioner, dissenting). application of demurrage fees known sometimes as Chain Innovation Initiative noted that the Initiative 110 IICL at 9–10 (‘‘Failure of a carrier to collect its ‘‘stop the clock’’ provisions.’’); id. at 33 (‘‘Carriers excluded two subjects ‘‘infrastructure investment tariff charges could be viewed as a violation of the may ‘‘stop the clock,’’ waive, reduce or compromise and port performance metrics.’’ Commissioner Shipping Act . . . .What circumstances would fees relating to congestion if they have the Rebecca F. Dye, Supply Chain Innovation Initiative allow a carrier to waive some or all of the charges flexibility to do so under their tariff or service Final Report at 16 (Dec. 5, 2017), https:// required to be paid under applicable rules?); Int’l contract.’’). But see Interim Report at 12 (‘‘[S]everal www.fmc.gov/wp-content/uploads/2019/03/ Logistics at 1 (‘‘I do not think it is fair to say the produced tariffs that specifically state that free time SCITFinalReport-reduced.pdf. The Final Report ocean lines are responsible for the problems is not automatically extended for events outside the pointed out that the Commission ‘‘did not want to associated with billing port storage and container terminal’s control, including labor strikes or duplicate or impede efforts by local port per diem when they are required by your tariff weather, and at least one said that in those performance task forces to address supply chain requirements to bill everyone according to their circumstances free time would not be adjusted.’’). bottlenecks or to second-guess the decisions of port published tariff.’’); cf. National Customs Brokers 115 Univ. Cargo Mgmt., Inc. v. Hyundai Merchant officials.’’ Id. at 2 and Forwarders Association of America (NCBFAA) Marine Co., 1996 FMC LEXIS 57, *21–22 (ALJ Dec. 104 Exec. Order No. 13777, 82 FR 12285 (Mar. 1, at 15 (‘‘Carriers often decline mitigation citing FMC 11 1996) (‘‘[T]he Commission long ago began to 2017). regulations that necessitate that they must apply all allow parties in cases involving disputes over the 105 Id. at 12285. tariffed charges without exception, which is of proper rating under filed tariffs to settle their 106 WSC at 12 n.3. course not a reasonable construction of the disputes even though this meant that shippers 107 Fed. Mar. Comm’n, FMC Regulatory Reform, Shipping Act’s requirements.’’). ended up paying something less than what the filed https://www.fmc.gov/regulatory-reform/, (last 111 46 U.S.C. 41104(a)(2)(A). rate otherwise required.’’).

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guidance, (b) the specificity of guidance, belied by the consistent complaints of 2. Specificity of Guidance (c) the consequences of guidance, and shippers, intermediaries, and The second category of policy-related 121 (d) the Uniform Intermodal Interchange carriers. In light of these complaints, comments relate to the specificity of the and Facilities Access Agreement. the Commission cannot assume that the rule. On one hand, some commenters lack of Shipping Act proceedings about 1. Desirability of Guidance argue that the rule is too broadly demurrage and detention means these applicable and prescriptive and ignores 122 The Commission issued the rule after complaints are illusory or hyperbolic. the complexity of the transportation a hearing on a petition and a Fact There a number of reasons why a system.127 According to these Finding Investigation. It did so after particular shipper, trucker, or commenters, ‘‘[t]he NPRM’s approach, determining that guidance in the form of intermediary might not file a formal which seeks to impose nationwide a non-exclusive list of factors will complaint with the Commission, standards for all terminals and carriers, promote fluidity in the U.S. freight including relatively low amounts in fails to reflect the nuances of the delivery system, mitigate confusion, dispute as compared to litigation costs, hundreds and thousands of different reduce and streamline disputes, and fear of retaliation from ocean carriers, or factual situations,’’ and ‘‘tries to enhance competition and innovation in the absence of Commission guidance on 123 mandate standards that may not be business operations and policies. As section 41102(c). feasible or cost effective for many As for commercial solutions, to the noted by the petitioners in Docket No. situations.’’ 128 The commenters also extent that they adequately resolve P4–16, guidance will help regulated argue a ‘‘national standard such as the demurrage and detention issues, then entities avoid incurring liability under NPRM’’ is inconsistent with the the Commission’s guidance will section 41102(c) and will encourage Commission’s statement that it would arguably have little effect. Commenters shippers, intermediaries, and truckers to continue to consider the facts of each 116 correctly note that the Fact Finding examine their practices as well. case.129 A few commenters, however, assert Investigation revealed that most ocean On the other hand, many commenters that Commission guidance is not carriers have policies for extending free request that the Commission be more necessary because the current freight time or mitigating demurrage and specific and prescriptive. WSC argues 117 delivery system is working, detention charges caused by that Commission did not provide commercial solutions to demurrage and circumstances outside the control of enough guidance on how the rule would 118 124 detention issues are adequate, and cargo interests or truckers. But not all apply in specific situations,130 and takes complaints by shippers, intermediaries, did, and a shipper’s right under the issue with the Commission not stating, and truckers are not subject to cross Shipping Act to be free from for instance, what the proper format, examination and could contain unreasonable practices under section method, or timing of notice of cargo 119 hyperbole. 41102(c) does not turn on the identity availability would be.131 Likewise, The majority of the commenters, of the regulated entity at issue. Further, however, advocate for the proposed several ocean carriers noted that their the record in Fact Finding No. 28 suggested that rule’s prompt adoption.120 Although the policies give them the discretion to demurrage and detention collections have only freight delivery system works in the waive demurrage under certain increased since then, Interim Report at 7–8, and sense that cargo gets delivered, the circumstances.125 But if application of shipper complaints have not abated. 127 E.g., IICL at 10 (noting that ‘‘while the FMC notion that there are no problems is demurrage in those circumstances is well-intentioned,’’ ‘‘in IICL Providers’ view the would be unreasonable, a shipper, Interpretive Rule presents more problems than it 116 Pet. P4–16 at 22–23. intermediary, or trucker should not have attempts to resolve because the problems at issue 117 E.g., Ports Am. at 4 (‘‘There is no showing in to rely on an ocean carrier or marine exist at many levels and across multiple the Commission’s fact-finding or rationale terminal operator’s discretion for a jurisdictions’’); PMSA at 3 (‘‘The NPRM is a broad- expressed for the proposed rule that suggests this brush approach to a very complex subject.’’). is a material problem in the industry. This is remedy. In other words, while the 128 PMSA at 3; see also WCMTOA at 5 (‘‘The demonstrated conclusively by the virtually total Commission prefers commercial NPRM seeks to mandate the same practices absence of Commission complaint proceedings for solutions to demurrage and detention nationwide, without regard to geography, terminal many decades.’’). problems, the Fact Finding record configuration (including operating ports vs. 118 E.g., Ports Am. at 3 (‘‘As the Commission landlord ports), cargo volumes, and other local found, when major disruptions occur, such as showed that commercial solutions are conditions.’’). storms or labor disputes, the terminals work out only adequate from the perspective of 129 WCMTOA at 5 n. 2 (‘‘If each case depends on waivers or other suitable accommodations in ocean carriers and marine terminal an analysis of the facts of each case, as has individual cases. Terminals are already highly operators. 126 historically been the case under Section 10(d)(1) disincentivized by the marketplace from having cases, it is unnecessary, and in fact counter- disputes with their customer vessel operators and productive, to have a national standard such as in 121 their shippers.’’); PONYNJSSA at 3 (‘‘The See Part II, supra. the NPRM.’’); Nat’l Fed. of Indep. Business at 3; PONYNJSSA has long made available at their own 122 Shippers, intermediary, and trucker comments PMSA at (arguing that the NPRM erodes the ‘‘broad cost commercial solutions to provide enhanced are no more self-interested than comments from and fact-specific’’ standard of section 41102(c)’’). cargo information and transparency.); PMSA at 4– ocean carriers, marine terminal operators, or chassis WCMTOA also states that the rule, even if just 5 (‘‘[I]t appears from the Commission’s report that providers. guidance, might cause stakeholders to adjust their the free market has voluntarily addressed the 123 Pet. P4–16 at 23 (‘‘Ambiguity has a chilling practices in light of the guidance to avoid regulatory conditions raised in its NPRM.’’). effect on valid claims.’’). risk. According to WCMTOA, this might mean that 119 IICL at 2 (‘‘We note, however, that statements 124 Interim Report at 12. no cases are filed and the specific facts of cases are and contentions by interested parties are generally 125 Interim Report at 12. not reached. WCMTOA at 5 n.2. WCMTOA does reflections of the problems they have had; they have 126 WCMTOA points out that in the FMC not, however, explain why this would be a problem. not been subjected to cross-examination; they may Congestion Report, the Commission’s Bureau of 130 WSC at 15–16. be true or partially true; they may reflect a single Trade Analysis stated that at the FMC port forums, 131 WSC at 16; see also id. at 18–19 (asserting that occurrence or many; they may be legally admissible ‘‘[w]ith appropriate leadership and support, references to ‘‘extenuating circumstances’’ in NPRM or inadmissible; they frequently contain constant encouragement, and a willingness to are so vague as to be useless in shedding any light hyperbole.’’). cooperate, industry stakeholders’ thoughtful on what particular circumstances would counter- 120 E.g., Letter from 67 Organizations to Michael insights and expressions of concern seemed to balance those situations that the NPRM would A. Khouri, Chairman, Fed. Mar. Comm’n (Mar. 16, demonstrate that the intermodal industry itself is deem likely unreasonable); NAWE at 13–14 2020) (‘‘urg[ing] the Commission to promptly adopt well-capable of accurately diagnosing the problems (describing hypothetical questions that NPRM does the rule as published which will assist the maritime and crafting enduring solutions.’’ WCMTOA at 4 not address); Ocean Network Express at 1–2 (listing industry in evaluating the fairness of these charges (quoting FMC Congestion Report at 7). While that hypotheticals); SSA Marine (asserting that because and resolving potential disputes’’). may have been the case at the port forums in 2014, the list of factors is non-exclusive, ‘‘there could be

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several shipper, intermediary, and rulemaking.139 Nor is issuing guidance the arguments raised by ocean carriers trucker commenters want the inconsistent with case-by-case and regulated entities about things such Commission to do more—to declare adjudication, especially when the as cost, technical feasibility, and the certain practices unreasonable or to Commission expressly states that it will conduct of shippers, intermediaries, and require various practices. For example, continue to consider all arguments truckers are issues that could be raised these commenters would have the rule: raised in an individual case.140 as ‘‘extenuating circumstances’’ in a • Require that regulated entities It was because the Commission was particular case.144 extend free time when an ocean carrier issuing guidance applicable to all The guidance was drafted with the requires an empty container to be regulated entities within its purview complexity and variety of the U.S. returned to a location other than where that the Commission declined to issue a freight delivery system in mind. Further it was retrieved; 132 legislative rule or the rule proposed by refinement of the Commission’s • Specify what information ocean the petitioners in Docket No. P4–16.141 approach would be accomplished by carriers or marine terminal operators It is also why the Commission’s rule is adjudication. Comments by ocean must provide to shippers and their not as granular as some commenters carriers and marine terminal operators agents regarding cargo availability; 133 would prefer, even if many of the suggesting that the rule is fatally flawed • Mandate specific requirements for proposals suggested by shippers, because it does not address every fact ocean carrier and marine terminal truckers, and intermediaries appear to pattern that could possibly arise set a operator dispute resolution and billing have merit. standard that no Commission guidance processes, such as timeframes and The Commission understands that could possibly meet. But, as the internal appeals processes; 134 there may be questions about how the Commission noted at the outset, the • Prescribe reasonable free time rule would apply in practice. Regarding inability of the Commission to solve periods; 135 ‘‘extenuating circumstances’’ every problem does not justify doing 142 • Define uniform demurrage and specifically, the Commission used nothing.145 that phrase as a way of indicating that detention terminology; 136 3. Consequences of Guidance • Specify that all cargo on a bill of it would consider all arguments raised Ocean carrier and marine terminal lading be available before demurrage by the parties, including those involving operator commenters also contend that accrues on any container; 137 considerations not listed in the rule. As the rule would have a number of • Set caps on the levels of, or total to what these ‘‘extenuating deleterious consequences. They argue amount of, demurrage or detention that circumstances’’ could be, the NPRM that the rule is impracticable,146 that it may be charged.138 specified one: ‘‘An example of an ignores the costly burden it would These comments do not justify extenuating circumstance is whether a impose on ocean carriers and marine withdrawing or substantially altering cargo interest has complied with its customary responsibilities, especially terminal operators and others,147 that it the rule. The Commission proposed regarding cargo retrieval (e.g., making limits contract flexibility and risk general guidance in the form of factors appointments, paying freight, allocation.148 Additionally, these because the operations of industry submitting paperwork, retaining a commenters contend that the rule could stakeholders are too varied nationwide, trucker). If it has not, this could be lead to an ‘‘explosion of time- and the risk of inhibiting commercial factored into the analysis.’’ 143 Many of consuming and expensive litigation,’’ 149 innovation is too great, for the increased container dwell time; 150 and Commission to prescribe or prohibit 139 WCMTOA points out that in the FMC chassis shortages.151 specific practices, at least in this Congestion Report, the Commission’s Bureau of Some of these comments, particularly Trade Analysis stated that the ‘‘idea here is not to those about the practicability and any number of circumstances brought to the FMC recommend or suggest ‘best practices’ ’’ regarding depending on what it views as ‘unreasonable’ ’’). congestion and that it would ‘‘be invidious for the costliness of the rule, are based on 132 See Part III.G., infra. Moreover, one Commission to declare ‘best practices.’ ’’ WCMTOA commenter suggests that street turns should be at 6 (quoting FMC Congestion Report at 10). The 144 WSC at 16 (discussing technical feasibility of cheaper than returning a container to the terminal. Commission generally agrees with the idea that it practices); WCMTOA at 11–12. Transways Motor Express at 1. should not be telling regulated entities what the 145 For instance, SSA Marine Inc. points out that ‘‘best practices’’ are. But the Commission is 133 See Part III.H, infra. ‘‘[r]equiring that demurrage be waived when a authorized and required to determine what 134 terminal fails to provide appointments is not a See Part III.K and Part III.L, infra. practices are unreasonable, and it is thus panacea to solve congestion.’’ The Commission is 135 E.g., Int’l Fed. of Freight Forwarders Ass’ns at appropriate for the Commission to provide not attempting, however, to provide a panacea; 10 (‘‘FIATA would appreciate guidance on fair and guidance about what sorts of practices might or rather it is providing guidance in an effort to ensure reasonable free periods that are in line with market might not trend in that direction. that marine terminal operator and ocean carrier developments of higher peaks.’’) cf. John S. Connor 140 The suggestion that case-by-case adjudication Global Logistics at 3 (‘‘Further to this understanding practices involving demurrage and detention are means analyzing every case in a vacuum could reasonable. of availability, there must be a clear and consistent result in inconsistent agency decisionmaking. 146 NAWE at 12; OCEMA at 4; Ocean Network method for calculating Free Time’’ and ‘‘[a]ll parties 141 That rule would have ‘‘essentially revive[d] (carriers, MTOs, rail operators) that provide Free Express at 1–2; SSA Marine at 2; Ports Am. at 2– rules that the Commission had in place for the port 3; WCMTOA at 5, 10–11. Time should be utilizing the same method of of New York for over 40 years.’’ Pet. P4–16 at 32. 147 IICL at 3; NAWE at 8; OCEMA at 4; Ocean calculation’’); New Direx, Inc. (‘‘[F]ree time would But those rules only applied to one port—the not count on days when the terminal or rail yards Commission’s guidance here must be flexible Network Express at 3; WSC at 12; WCMTOA at 5; are not open.’’). enough to account for operations at all ports and Am. Ass’n Port Auth. at 2. 136 John S. Connor Global Logistics at 6. marine terminals within the Commission’s 148 OCEMA at 3; Ports Am. at 2–3; WSC at 11, 12; 137 CV Int’l, Inc. at 1; Shapiro at 1. jurisdiction. Am. Ass’n Port Auth. at 2. 138 E.g. Int’l Fed. of Freight Forwarders Ass’ns at 142 WSC at 19. 149 SSA Marine at 2; WCMTOA at 5 n.2 (asserting 7; Int’l Motor Freight at 2 (‘‘Finally, the rates we are 143 84 FR at 48852. WCMTOA and PMSA read that rule ‘‘will encourage an explosion of litigation charged for per diem and demurrage need to be this incorrectly to mean that a shipper who was by shippers and truckers who do not want to pay looked at. Every year, per diem charges increase, sloppy in its paperwork or did not pay its freight demurrage or detention’’); see also NAWE at 13. regardless of the economic climate, for the same would get extra free time under the rule. WCMTOA 150 Ocean Network Express at 2; WO at 1, 3 container that sits out year after year.’’); Nat’l Retail at 12; PMSA at 6. The statement in the NPRM 151 IICL at 3. This commenter argues that if a Sys. at 1; Thunderbolt Global Logistics, LLC at 2 means the opposite: If a shipper does not pay its carrier waives or deviates from the provisions in its (‘‘We feel that ocean carriers use detention charges freight, or does not submit timely or correct bill of lading, ‘‘it could theoretically’’ void its as a profit center. There should be a formula for paperwork, it would likely have difficulty showing protection and indemnity insurance. This concern detention charges that can be applied across the that the application of demurrage or detention is on its face speculative and was not raised by board by all carriers at all ports.’’). because of resulting delays was unreasonable. ocean carrier commenters themselves.

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unwarranted assumptions about what Shipping Act complaints filed regarding ocean carriers and marine terminal the rule does. These arguments are demurrage and detention. If the operators are no different from belied by the text of the rule. For issuance of guidance results in more participants in other regulated instance, commenters insist that the disputes because shippers are better industries. practical difficulties of starting able to challenge unreasonable Ocean carriers and marine terminal demurrage free time based on cargo practices, that is a feature, not a bug, of operators benefit, however, from limited availability instead of vessel discharge the rule. An increase in valid claims is antitrust immunity for their agreements of a container are insurmountable.152 not a negative result, and guidance is with their competitors,162 and they are Even assuming that is true, the rule does just as likely to reduce disputes because also the beneficiaries of cargo lien not go so far as to require this change.153 it allows parties to better assess the law 163 and law regarding tariffs and Statements in the NPRM that certain merits of a dispute before resorting to published marine terminal schedules, practices might weigh favorably in the litigation. At present, there is little to no all of which may affect the negotiating analysis do not mandate their adoption, guidance on demurrage and detention playing field vis-a`-vis shippers, and the rule cannot reasonably be read and section 41102(c) in the intermediaries, and truckers. Whatever as doing so.154 The same goes for containerization context.159 their merits, both tariffs and marine commenters’ assumptions that the rule Similarly speculative are concerns terminal schedules share elements of requires things like starting and about increased container dwell time contracts of adhesion: 164 they are stopping the free time clock each time and chassis shortages. The rule might presented on a take-it-or-leave-it basis, a container becomes unavailable on a result in an increase in free time without the chance for much minute-by-minute basis 155 or waiving a extensions, but extending free time is negotiation.165 And, like contracts of full day of demurrage due to a container just one way to mitigate demurrage and adhesion, the terms of tariffs and marine being unavailable for less than an entire detention charges. Additionally, the terminal schedules ‘‘may be drafted day 156 or implementing new rule’s primary focus is situations where with a view to protect to the maximum information technology systems 157 or demurrage and detention do not work degree the enterprise that propounds the creating new dispute resolution because cargo cannot move. Not form, thus minimizing the realization of teams.158 The rule, in its final form, charging a penalty because a container the reasonable expectations of the makes clear that parties will have ample cannot move would not appear to adhering party.’’ 166 opportunity to argue the merits of any increase its dwell time. This is not to say that shippers and such practices should their absence be As for inhibiting the freedom to intermediaries do not negotiate certain challenged as section 41102(c) allocate risk by contract, this is aspects of demurrage and detention, violations. And, to reiterate, the discussed in more detail below. That such as free time, in service contracts. standard under section 41102(c) is said, commenters appear to object to the But many, if not, most, shippers lack reasonableness, not exacting precision. rule because it would ‘‘interfere with significant bargaining power as Additionally, fears of an explosion of private and lawful commercial compared to ocean carriers. The same litigation due to the rule are speculative. arrangements’’ wherein ocean carriers goes for intermediaries and truckers.167 If, as ocean carriers and marine terminal and shippers have negotiated free Under such circumstances, there is operators claim, commercial solutions time.160 But whether commercial reason for the Commission to carefully have been adequate to address arrangements are lawful is the point. scrutinize arguments that shippers, demurrage and detention problems, Ocean carriers and marine terminal intermediaries, and truckers have the then the Commission’s guidance will operators (and ocean transportation ability meaningfully to negotiate not lead to lawsuits. There have intermediaries) do not have an contractual terms relating to demurrage historically been very few formal unbounded right to contract for and detention.168 whatever they want. They are limited by 152 NAWE at 13; Ports Am. at 3; WSC at 15–16. the prohibitions of the Shipping Act, 162 46 U.S.C. 40307. 153 84 FR at 48855 (stating that the Commission one of which is section 41102(c). 163 See infra note 365. may consider ‘‘the extent to which demurrage Although the general trend in the 164 See Huffman v. Sticky Fingers, Case No. 2:05– practices or regulations relate demurrage or free industry has been deregulatory, 2108–DCN–GCK, 2005 U.S. Dist. LEXIS 55481, at time to cargo availability’’). Congress retained section 41102(c) *26–*27 (D.S.C. at Dec. 20, 2005) (defining a 154 84 FR at 48852. contract of adhesion as ‘‘a standard form contract 155 NAWE at 13; OCEMA at 4. A few commenters when it enacted the Ocean Shipping offered on a take-it-or-leave-it basis’’ where the assert without citation that free time contemplates Reform Act in 1998.161 In this sense, terms are ‘‘not negotiable’’—‘‘an offeree faced with that there are ‘‘pockets within that time where units such a contract has two choices: Complete will be unavailable for various reasons.’’ Ocean 159 Two commenters point out that some of the adherence or outright rejection’’). Network Express at 1; OCEMA at 4. The practices mentioned in the NPRM regarding notice 165 See AgTC at 3 (‘‘The opportunity to negotiate Commission would make clear that the would require ‘‘significant additional sharing of is a myth . . . .’’). reasonableness of free time turns on the needs of information between the terminal and the carriers 166 1 Corbin on Contracts § 1.4 (2020). a shipper or its agent. Investigation of Free Time and clear guidelines as to who bears what 167 See Pet. of the World Shipping Council for an Practices—Port of San Diego, 9 F.M.C. 525, 539 responsibility.’’ Ocean Network Express at 2; WSC Exemption From Certain Provisions of the Shipping (FMC 1966). Relatedly, a frequent complaint of at 16. The Commission does not believe this would Act of 1984, As Amended, For a Rulemaking ocean carriers and marine terminal operators is that be a negative consequence of the proposed rule. Proceeding, 1 F.M.C.2d 504, 514 (FMC 2019) shippers wait until the last free day to retrieve cargo 160 OCEMA at 3 (arguing the rule would deprive (‘‘VOCCs hold market power through the antitrust and that the rule does not account for whether there both shippers and ocean carriers of the ability to immunity secured pursuant to their filed might be other times within the free time that a negotiate for competitive terms); Ports Am. at 3; agreements as well as their ability to discuss and shipper could have retrieved its cargo. E.g. Am. Ass’n of Port Auth. at 2 (claiming rule would coordinate freight rates and/or vessel capacity and WCMTOA at 11. Shippers and cargo interests are ‘‘effectively prohibit private parties from services.... Because VOCCs have stronger entitled to reasonable demurrage free time, and it negotiating how the risk of events beyond either’s negotiating positions, they are able to set service is unclear why regulated entities would have the control . . . are to be allocated, putting all the contract terms and conditions with NVOCCs; right to determine unilaterally when within that burden completely on the terminal operator and or/ indeed, the majority of service contracts on file with free time period shippers or their agents should carrier’’); WSC at 10–11 (describing rule as the Commission use boilerplate terms and pick up their cargo. substantially restricting parties from defining the conditions written by the VOCC.’’). 156 Ocean Network Express at 1. commercial terms and conditions of their own 168 In prohibiting certain exculpatory provisions 157 NAWE at 15; OCEMA at 4; WSC at 12; contractual relationships’’). in marine terminal schedules under section WCMTOA at 4. 161 Ocean Shipping Reform Act of 1998, Public 41102(c), the Commission rejected the argument 158 WSC at 12. Law 105–258, 112 Stat. 1902. (May 1, 1999). ‘‘that there is nothing unreasonable, and hence

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Suffice it to say, ocean carriers and relationships between signatory ocean determining the reasonableness of marine terminal operators do not have carriers and truckers. Some commenters particular detention practices, nothing an inviolate right to contract with their pointed out that the UIIA has provisions precludes parties from raising these customers free from government related to empty container return, issues in individual cases. scrutiny, and there is reason to question billing, and billing disputes, and C. Purpose of Rule whether demurrage and detention expressed concern that the rule could practices are normally the subject of potentially conflict with this.172 Others The first paragraph of the proposed arms-length negotiation between parties noted problems with the UIIA or the interpretive rule in the NPRM describes with remotely equal bargaining extent to which other parties adhere to its purpose: To provide guidance about power.169 Consequently, that the it.173 how the Commission will interpret 46 guidance in the rule, when applied in a A few points about the UIIA. First, not U.S.C. 41102(c) and 46 CFR 545.4(d) in case, might put some limits on the all ocean carriers and truckers are the context of demurrage and ability of ocean carriers or marine parties to the UIIA. In addition, detention.177 None of the comments terminal operators to impose, or although there is a standard UIIA specifically addressed this paragraph of negotiate, demurrage and detention agreement, many terms are dictated by the rule, and the Commission will practices vis-a`-vis shippers, each equipment provider’s addendum to include it without change in the final intermediaries, and truckers, is not itself the UIIA, which is defined as the rule. a reason not to issue guidance. For the provider’s ‘‘schedule of economic and D. Applicability and Scope of Rule same reasons, ocean carrier and marine commercial terms not appropriate for terminal operator arguments that they inclusion in the uniform Agreement and The next paragraph of the rule are being treated unfairly by the rule are other terms and conditions of outlines its applicability and scope. The taken with a grain of salt, though the Equipment use.’’ 174 rule applies to practices and regulations Commission agrees that shippers, Because not all ocean carriers or relating to demurrage and detention for intermediaries, and truckers have an truckers participate in the UIIA, and containerized cargo. For purposes of the equally important role to play in because ocean carrier practices may be rule, demurrage and detention includes enhancing the efficiency of the contained in their addenda as opposed any charges, including ‘‘per diem,’’ transportation system.170 to the standard UIIA itself, the assessed by ocean common carriers, Commission cannot simply assume that marine terminal operators, or ocean 4. The Uniform Intermodal Interchange the processes outlined in the UIIA transportation intermediaries and Facilities Access Agreement sufficiently address concerns about (‘‘regulated entities’’) related to the use The final general category of policy ocean carrier detention practices vis-a`- of marine terminal space (e.g., land) or comments involved the Uniform vis truckers. This is especially true shipping containers, not including Intermodal Interchange and Facilities given complaints that participants do freight charges.178 Access Agreement (UIIA). The UIIA ‘‘is not always abide by the terms of the In the NPRM, the Commission a multimodal negotiated interchange UIIA or the addenda. That said, the explained that the reference to agreement that serves as the standard UIIA has been in effect for decades and containerized cargo included cargo in interchange agreement for most was negotiated with the participation of 179 175 refrigerated (reefer) containers. Given intermodal equipment interchanges carriers, truckers, and railroads. that the lack of standard terminology in except chassis.’’171 Generally, it governs Ocean carrier practices, whether the industry,180 the rule defines incorporated in the UIIA or not, are ‘‘demurrage’’ and ‘‘detention’’ broadly unlawful, about a terminal operator and user within the Commission’s purview under 176 to cover all charges customarily referred agreeing upon a liability-shifting arrangement after section 41102(c). To the extent UIIA to as demurrage, detention, or per an arms-length negotiation over the terms and terms or conditions are relevant to conditions for the use of such facilities. Final Rule: diem.181 The rule specifically limits Filing of Tariffs by Marine Terminal Operators these definitions to ‘‘shipping Exculpatory Provisions, 51 FR 46668, 46668 (Dec. the only standard industry contract that governs the containers’’ to exclude charges related 24, 1986). Given the vastly unequal bargaining interchange of equipment between intermodal power between the parties in that instance, the trucking companies and equipment providers such to other equipment, such as chassis, Commission saw ‘‘little validity to the suggestion as ocean carriers, railroads and leasing because depending on the context, ‘‘per advanced in some comments that ‘free market companies.’’), https://www.ttnews.com/articles/ diem’’ can refer to containers, chassis, forces’ exist and should govern the promulgation of letter-clarifying-uiia-and-ianas-role. or both.182 liability provisions in terminal tariffs.’’ 172 OCEMA at 4; Ocean Network Express at 3–4; 169 See, e.g., Mohawk Global Logistics at 10 WSC at 17. Commenters did not object to limiting (‘‘These [detention] transactions are in many cases 173 IMC Companies at 2 (arguing that UIIA billing the rule to containerized cargo, to much more than arm’s reach away, billed by a process may conflict with service contract defining demurrage and detention terminal, to a trucker that is contracted to a language); S. Counties Express at 4 (‘‘Terminals do broadly, or to including reefer cargo consignee, not necessarily related to the NVOCC, not have appointments to receive an empty whose detention free time is added to the contract container, steamship line holds the motor carrier within the rule’s ambit. And while some by the ocean carrier.’’). responsible until unit has a secured appointment commenters believe that the 170 E.g., WSC at 18 (arguing that a ‘‘common and terminates the container. UIIA violation, no Commission’s guidance should account thread’’ in the NPRM is that it is completely one- agreement in place.’’). sided). In a similar vein, WCMTOA requests that 174 UIIA § B.2; see also Casey, supra note 175 177 84 FR at 48851–52, 48855. the Commission apply the incentive principle in (‘‘Notably, to comply with antitrust law, the UIIA 178 the rule to shippers and truckers. WCMTOA 11–12. cannot include or dictate economic and commercial 84 FR at 48852, 48855 Most of WMCTOA’s suggestions, however, would terms that are specific to each equipment provider. 179 84 FR at 48852. effectively limit shipper free time without any Such terms are handled through individual 180 Interim Report at 5–7, 17; Final Report at 11– regard to whether it represents a reasonable amount addenda to the UIIA.’’). 13, 30. of time to retrieve cargo. Moreover, the Commission 175 PMSA at 14. 181 84 FR at 48852. does not have authority over shippers or truckers 176 PMSA asserts that the Commission ‘‘probably 182 For instance, commenters such as under section 41102(c), and the impetus for the fact does not have jurisdiction’’ to ‘‘mandate wholesale International Motor Freight and Wheaton Grain Inc. finding and the NPRM were complaints about ocean changes that are inconsistent with the UIIA.’’ PMSA refer to container charges in terms of per diem carrier and marine terminal operator practices. at 14. PMSA cites no authority for this proposition. rather than detention. Int’l Motor Freight at 2; 171 FMC Congestion Report at 27; see also Joni To the contrary, ocean carrier demurrage and Wheaton Grain Inc. at 1. Similarly, the UIIA defines Casey, Letter: The UIIA and Street Turn Fees, detention practices and regulations are within the per diem as charges related to ‘‘equipment,’’ which Transport Topics (Feb. 19, 2019), (‘‘[T]he UIIA is Commission’s jurisdiction under section 41102(c). includes containers and chassis. See UIIA § B.22.

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for chassis availability 183 or the 41102(c) concerns ocean carrier, marine Commenters were also concerned interests of chassis lessors,184 none operator, and ocean transportation about railroads and railyards.193 To be argued that the scope of the rule should intermediary practices and regulations clear, section 41102(c) of the Shipping be enlarged to include charges imposed ‘‘relating to or connected with receiving, Act applies to common carriers, marine by chassis owners.185 handling, storing, or delivering terminal operators, and ocean Commenters did, however, raise property.’’ Ocean carrier demurrage and transportation intermediaries. The questions about the scope of the rule. detention practices are subject to section Commission is without authority to Several commenters urged that the rule 41102(c) and Commission oversight, address practices of railroads or rail apply to export shipments as well as regardless of whether the practices facilities unless they fall within one of imports, and they raised issues unique those statutory definitions. That said, if relate to conduct at ports or inland, with to exports, such as rolled bookings due the practice at issue relates to rail but is some caveats. First, not everything an to vessel and schedule changes and nonetheless an ocean carrier practice, ocean carrier changes to container ocean carrier or marine terminal e.g., is contained in an ocean carrier return cutoff dates and insufficient operator does is within the tariff or service contact, then the notice of such changes.186 Commission’s purview—an ocean guidance in the rule would likely apply. To be clear, the rule is not limited to carrier or marine terminal operator must In sum, the rule is not limited, in its import shipments and applies to export be acting as a common carrier or marine language or intent, to import shipments, shipments as well. In particular, the terminal operator as defined by the nor is it limited solely to ocean carrier guidance on the incentive principle, Shipping Act with respect to the practices related to conduct at marine demurrage and detention policies, and conduct at issue.190 This is often not a terminals. The precise outer bounds of transparent terminology would apply in difficult question, but the further one the Commission’s authority, however, is situations involving exports. The NPRM gets away from the terminal, the more a subject better resolved in the context preamble focused on import issues complicated the inquiry may become, of a particular factual scenario. because imports were the focus of the and it is not a question that can always Consequently, the Commission will Fact Finding Investigation and most of be answered in the abstract.191 adopt paragraph (b) of the proposed rule the complaints. in the final rule with only grammatical Another scope-related comment Second, the Commission must be changes that do not affect its substance. involved the application of the rule careful not to encroach into the It is important to emphasize, however, outside of marine terminals. The jurisdiction of other agencies, such as the Commission’s focus here is on American Cotton Shippers Association the Surface Transportation Board, practices related to charges imposed by noted that ocean carriers, ‘‘responding which is itself considering issuing regulated entities on shippers, to the demands of consumers, have guidance to railroads similar to that in intermediaries, and truckers and not the crafted service contracts that the Commission’s rule.192 contractual relationships between ocean incorporate inland movements and carriers and marine terminal operators. services’’ and ‘‘[t]hus the reasonableness 190 See, e.g., Auction Block Co. v. Fed. Mar. Ocean carriers must provide adequate of detention and demurrage practices Comm’n, 606 Fed. Appx. 347, 348 (9th Cir. 2015) terminal facilities.194 It appears that and regulations, as they apply to inland (‘‘The Commission reasonably concluded that it most carriers accomplish this by makes little sense to bring into its regulatory ambit movements in point-to-point service all facilities operated by an entity merely because ‘‘contract[ing] for the facilities of contracts, have an equally significant a single one of them is connected to international another person such as a terminal impact on the fluidity of all ocean-borne marine transportation.’’); Crocus Investments, LLC operator, in which case the terminal trade.’’ 187 It urges that the rule account v. Marine Transp. Logistics, Inc., 1 F.M.C.2d 403, operator is in effect the agent of the 415 (FMC 2019) (‘‘The approach supported by the carrier.’’ 195 This relationship—how for the inland components of ocean- text of section 41102(c) and Commission caselaw borne shipping transactions and apply asks: was the respondent acting as a regulated entity marine terminal operators are to point-to-point service contracts.188 with respect to the conduct at issue?’’). compensated by ocean carriers for use of Similarly, IMC Companies believes 191 Crocus, 1 F.M.C.2d at 415 (noting that their terminal facilities—is not the there is a ‘‘gray area of jurisdiction’’ in determining whether respondent is a regulated primary concern of the guidance in the entity, in this case an ocean transportation rule, even if marine terminal operators intermodal shipping, and requests intermediary, is a ‘‘fact-intensive analysis’’ taking ‘‘greater clarity directed to ocean into account statutory definitions and evidence are compensated by carriers via charges carriers[’] intermodal shipments moving about the parties’ conduct during the relevant time called ‘‘wharf demurrage’’ or ‘‘terminal on a through bill of lading with regard frame). demurrage.’’ 196 The rule might be to application of the incentive 192 Surface Transp. Bd., Policy Statement on relevant to that compensation if marine 189 Demurrage and Accessorial Rules and Charges (STB principles the FMC has outlined.’’ Oct. 4, 2019), https://www.stb.gov/decisions/ 193 Nothing in the rule limits its scope to readingroom.nsf/UNID/ Aluminum Bahrain (‘‘The rail carrier and the F844367E52874F138525848C0042BFB3/$file/ yard itself made sure that every container paid extra shipping activities occurring at ports or for the chassis and for detention’’); APL Logistics 47133.pdf. STB’s proposed policy statements also marine terminals. Rather, section (‘‘APL Logistics seeks clarification whether the references the incentive principle: proposed interpretive rule applies to railroad First, demurrage rules and charges are not 183 See Part III.F, infra. terminals when an international shipment passes reasonable when they do not serve to incentivize 184 through a marine terminal operator and is then IICL at 2. the behavior of shippers and receivers to encourage 185 transported to its final destination via rail on a Section 41102(c) does not cover chassis the efficient use of rail assets. In other words, through bill of lading’’); Global Fairways LLC providers who do not otherwise fall within the charges should not be assessed in circumstances (complaining about rail practices and ocean carriers definition of a regulated entity under the Shipping beyond the shipper’s or receiver’s reasonable not providing sufficient information); IMC Act. control. It follows, then, that revenue from Companies; Wheaton Grain. 186 See Florida Customs Brokers & Forwarders demurrage charges should reflect reasonable 194 Final Report at 27; Boston Shipping Ass’n v. Ass’n; IMC Companies at 2; John S. Connor Global financial incentives to advance the overarching Port of Boston Marine Terminal Ass’n, 10 F.M.C. Logistics at 7; Int’l Fed. Of Freight Forwarders purpose of demurrage and that revenue is not itself 409, 415 (FMC 1967). Ass’ns at 7; Miami Global Lines; New England the purpose.’’ Second, transparency and mutual 195 Boston Shipping Ass’n, 10 F.M.C. at 415. Groupage; New York New Jersey Foreign Freight accountability by both rail carriers and the shippers 196 This should allay some of the concerns raised Forwarders and Brokers Ass’n (NYNJFFF&BA) at 5. and receivers they serve are important factors in the by commenters like the American Association of 187 Am. Cotton Shippers Ass’n at 7–8. establishment and administration of reasonable Port Authorities that the rule would prevent marine 188 Am. Cotton Shippers Ass’n at 8. demurrage and accessorial rules and charges. terminal operators from being compensated for use 189 IMC Companies at 3–4. Id. at 21. of terminal space. Am. Ass’n of Port Auth. at 2.

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terminal charges to ocean carriers are rule might conflict with the principle of serving as a revenue stream for ocean passed on to shippers and their agents once-in-demurrage-always-in- carriers and marine terminal via demurrage.197 In those instances, demurrage, and (4) the rule unfairly operators.211 however, the Commission would be allocates risks better allocated by Historically, the Commission assessing the reasonableness of ocean contract. recognized that demurrage has ‘‘penal carrier demurrage practices vis-a`-vis elements which are designed to 1. Purposes of Demurrage and Detention shippers, intermediaries, and truckers, encourage the prompt movement of not marine terminal operator practices The Commission stated in the NPRM cargoes off the piers’’ and includes a with respect to ocean carriers. that the ‘‘intended purposes of compensatory element which accounts demurrage and detention charges are to for ‘‘the use of the pier facilities, for E. Incentive Principle incentivize cargo movement and the watchmen, fire protection, etc., on the The main thrust of the rule is that productive use of assets (containers and cargo not picked up during free although demurrage and detention are port or terminal land).’’ This time.’’ 212 It is important to specify, valid charges when they work, when understanding was based on what however, what this compensatory aspect they do not, there is cause to question shippers, ocean carriers, and marine of demurrage traditionally meant. To the their reasonableness.198 This derives terminal operators told the extent demurrage had a compensatory from the well-established principle that Commission.204 Many commenters aspect, it was to reimburse ocean to pass muster under section 41102(c), agreed that the ‘‘incentive principle’’ is carriers for costs incurred after free time a regulation or practice must be tailored ‘‘supported by law and Shipping Act expired—‘‘costs’’ in this context meant to meet its intended purpose,199 that is, policies’’ and assert that charges should additional costs associated with cargo ‘‘fit and appropriate for the end in be mitigated when efficiency incentives remaining on a pier after free time.213 In view.’’ 200 The Commission determined cannot be achieved.205 Commenters also other words, demurrage and detention that because the purpose of demurrage recognized that ‘‘the primary purpose of are not the mechanism by which ocean and detention are to incentivize cargo detention and demurrage is to provide carriers recover all costs related to their movement, it will consider in the an incentive for cargo interests to equipment,214 and the Commission reasonableness analysis under section remove their cargo from the terminal cannot assume that these charges are the 41102(c) the extent to which demurrage promptly or to return equipment in a primary method by which ocean carriers and detention are serving their intended timely manner.’’ 206 recover their capital investment and purposes as financial incentives to Several commenters asserted, container costs, as some commenters promote freight fluidity.201 however, that demurrage and detention suggest.215 The Commission explained in the serve other legitimate purposes. Ocean A second point is that Commission in NPRM that practices imposing carriers argued that demurrage and Free Time and Demurrage Charges at demurrage and detention when such detention function to compensate them New York assumed that the minimum charges are incapable of incentivizing for costs associated with their demurrage charge in that case—the first cargo movement, such as when a trucker equipment.207 Marine terminal period demurrage—represented a arrives at a marine terminal to retrieve operators asserted that these charges are compensatory charge for that period.216 a container but cannot do so because it appropriate to compensate terminal This assumption was based on is in a closed area or the port is operators for the use of terminal Commission caselaw requiring ocean shutdown, might not be reasonable.202 space.208 Shippers and intermediaries, carriers to charge at least compensatory Similarly, the Commission stated, too, indicated that demurrage and ‘‘absent extenuating circumstances, detention have a compensatory 211 AgTC at 3 (‘‘It is also clear that the penalties demurrage and detention practices and element.209 As a few commenters have now become a significant revenue source for regulations that do not provide for a pointed out, the Final Report in Fact the carriers.’’); Mohawk Global Logistics at 5; NCBFAA at 7; Lee Hardeman Customs Broker, Inc. suspension of charges when Finding Investigation No. 28 noted that at 1 (arguing that demurrage and detention are circumstances are such that demurrage ‘‘some cases refer to demurrage also ‘‘CLEARLY revenue streams from frequently and detention are not serving their serving a compensatory purpose.’’ 210 unreasonable application of them’’); Bunzl Int’l purpose would likely be found Additionally, some commenters Servs. Inc. at 1; Int’l Motor Freight at 2; The Judge unreasonable.’’ 203 asserted that demurrage and detention Org. at 1; Mondelez Int’l at 2; Thunderbolt Global Logistics at 2; Transp. Intermediaries Ass’n at 4; The commenters did not dispute that actually serve an illegitimate purpose: Retail Indus. Leaders Ass’n at 2; see also Free Time demurrage and detention practices must and Demurrage Charges at New York, 3 U.S.M.C. be tailored to meet their purpose. But 204 84 FR at 12 (citing Interim Report at 2–3; Final 86, 107 (FMC 1948) (NYI) (‘‘We hold, however, that several commenters objected to the rule Report at 12, 13). demurrage charges at penal levels are not justifiable because: (1) Demurrage and detention 205 E.g., Wal Mart at 1 (‘‘Wal Mart has also by reference to a carrier’s need for revenue.’’). experienced abuse of such charges in ways that do 212 In re Free Time and Demurrage Practices on serve purposes other than acting as not incentivize efficient movement and therefore Inbound Cargo at New York Harbor, 9 S.R.R. 860, financial incentives for cargo applauds FMC’s identification of efficient cargo 864 (1967) (NYII); NYI, 3 U.S.M.C. at 107. movement, (2) the rule will movement as the key consideration in assessing 213 NYII, 9 S.R.R. at 864. disincentivize cargo movement, (3) the reasonableness of demurrage and detention 214 For example, in the ‘‘ideal’’ situation, where practices under 46 U.S.C. 41102(c).’’); Cal. Cartage a container is retrieved and returned with free time, Co. at 1; Dreisbach Enter. at 1. an ocean carrier would collect no demurrage or 197 Interim Report at 16 (‘‘The VOCC’s tariff rates 206 SSA Marine at 1; Nat’l Indus. Transp. League detention. The Commission cannot assume that in and practices may also directly pass through or at 5 (‘‘Demurrage and detention practices should be this preferred scenario that ocean carriers would refer to those of the relevant port authority’s or applied to serve their intended purpose, with have to absorb their equipment costs. Rather, they MTO’s schedule.’’). correct financial incentives to promote freight presumably recover their equipment costs in other 198 84 FR at 48852. fluidity.’’); NCBFAA at 5. ways, such as in their freight rate. 199 84 FR a 48852 (citing Distribution Servs. Ltd. 207 OCEMA at 2; WCMTOA at 8–9. 215 WSC at 9 (‘‘From the carrier’s perspective, v. Trans-Pac. Freight Conference of Japan and Its 208 Am. Ass’n Port Auth. at 2; NAWE at 10–11; detention charges are structured to serve as a Member Lines, 24 S.R.R. 714, 722 (FMC 1988)). WCMTOA at 2–3. recovery mechanism for the capital investment and 200 Distribution Servs., 24 S.R.R. at 722 (quoting 209 E.g., Am. Coffee Corp. at 2; Int’l Fed. of Freight cost of the container, including repair, Port of San Diego, 9 F.M.C. at 547). Forwarders Ass’ns at 1–2; Nat’l Indus. Transp. maintenance, and leasing, as well as opportunity 201 84 FR at 48852, 48855. League at 13; Sea Shipping Line at 2; see also IICL costs associated with not having the equipment 202 See 84 FR at 48852. at 2. available for revenue-producing cargo transport.’’). 203 84 FR at 48852. 210 Final Report at 28 n.36. 216 NYI, 9 U.S.M.C. at 109.

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demurrage.217 Given that that this retrieve its cargo before the event.’’ 219 customary cargo interest caselaw pre-dated containerization, its Some commenters also suggest that the responsibilities.’’ 224 The Commission precedential value is an open question, rule would permit shippers to get extra agrees that as a general matter, paying and in the absence of evidence free time by withholding the payment of freight in advance may not necessarily establishing the extent to which ocean freight or by being careless with be a ‘‘customary cargo interest carrier demurrage or detention are paperwork.220 responsibility’’ if a shipper or compensatory, the Commission cannot As to the former concern, the intermediary has a credit arrangement assume that demurrage and detention Commission does not believe that with an ocean carrier, but such have compensatory aspects in every shippers will be disincentivized from determinations will depend on the facts case. As noted above, however, the rule retrieving their cargo in a timely of each case and the specific does not preclude ocean carriers and fashion. This assumes that shippers are arrangements between the shipper and marine terminal operators from arguing willing to run the risk of paying carrier. and producing evidence regarding the demurrage charges on the off chance a ‘‘force majeure’’ event occurs. Moreover, 3. Once-in-Demurrage, Always-in- compensatory aspects of demurrage and Demurrage detention in individual cases. shippers have commercial incentives to Accordingly, because the participants get their cargo off terminal, including Ocean carriers and marine terminal in Fact Finding Investigation No. 28 and ‘‘contractual delivery deadlines and operators further urge the Commission the commenters consistently perishable condition time limits.’’ 221 In to reaffirm that notwithstanding the emphasized the utility of demurrage and addition, one could easily argue the flip rule, the principle of ‘‘once-in- side of the commenters’ position, demurrage, always-in-demurrage’’ still detention in incentivizing cargo 225 movement and productive asset use, the namely that the ability of ocean carriers governs. According to these Commission continues to understand and marine terminal operators to collect commenters, under this principle demurrage even if it is impossible for a shippers ‘‘bear the risk of any disability demurrage and detention as primarily 226 being financial incentives to promote shipper to retrieve cargo or a truck to that arises after free time has ended.’’ In other words, once free time ends, it freight fluidity. That said, the return equipment might disincentivize would not be unreasonable to impose Commission is amending the final rule ocean carriers and marine terminal 222 demurrage on a shipper even if the to recognize that the demurrage and operators from acting efficiently. shipper is unable to retrieve the detention might have other purposes. As for concerns that shippers will container due to circumstances outside First, the Commission is adding the game the system to get more free time, the shipper’s, or anyone’s, control. word ‘‘primary’’ to the ‘‘Incentive the rule presupposes that shippers, Conversely, other commenters request Principle’’ paragraph of the rule. intermediaries, and truckers have that the Commission expressly overrule Second, the Commission is adding a complied with their customary the once-in-demurrage, always-in- new ‘‘Non-Preclusion’’ paragraph of the obligations, including those involving 223 demurrage principle.227 interpretive rule, which confirms that cargo retrieval. Any evidence that As an initial matter, it is useful to the Commission may consider these obligations were not met can be describe the legal context before and additional factors, arguments, and raised in the context of a case. after the expiration of free time.228 Prior evidence in addition to the factors Relatedly, the National Industrial to the expiration of free time, there are specifically listed in the rule. This Transportation League requests that the two relevant legal principles in play would include arguments and evidence Commission ‘‘clarify that not making an relevant to demurrage. First, as part of that demurrage and detention have advance payment of freight charges, its transportation obligation, an ocean purposes other than as financial where the parties have a credit carrier must allow a shipper a incentives.218 arrangement in place, should not be viewed as failure to comply with ‘‘reasonable opportunity to retrieve its 2. Incentives cargo,’’ i.e., free time.229 Free time is 219 ‘‘free’’ because during this time period, Ocean carrier and marine terminal E.g., NAWE at 11; see also OCEMA at 4; WCMTOA at 1, 10. A ‘‘force majeure’’ clause is a an ocean carrier cannot assess any operators also object to the ‘‘incentive contract provision that excuses a party’s demurrage.230 Nor can marine terminal principle’’ on the grounds that it will performance of contractual obligations when certain effectively disincentivize cargo circumstances arise outside the party’s control, making performance inadvisable, impracticable, or 224 Nat’l Indus. Transp. League at 6. movement and equipment return. impossible. 14 Corbin on Contract § 74.19. These 225 J. Peter Hinge at 3; NAWE at 14 n.5; OCEMA According to NAWE: ‘‘If the cargo clauses usually list circumstances that trigger the at 5; PMSA at 7–8. interest knows that its free time will be clause, such as acts of God, fires, floods, labor 226 WCMTOA at 9 (‘‘If any final rule is adopted, extended because of terminal closure disputes, etc. Id. Presumably, commenters use the it should make clear that it is reasonable for a phrase ‘‘force majeure’’ as shorthand for events terminal operator to charge demurrage if a container due to a force-majeure-type situation, outside their control. becomes unavailable for any reason after free time the cargo interest is not incentivized to 220 WCMTOA at 12; PMSA at 6. has expired.’’); NAWE at 14 n.5. 221 AgTC at 4. Truckers likely have commercial 227 Green Coffee Ass’n at 2 (‘‘We also contend that 217 NYI, 9 U.S.M.C. at 93, 109. and other incentives to return equipment in a the demurrage clock should be suspended during 218 Shippers, intermediaries, and truckers do not timely fashion. It may be true that some ‘‘importer- ‘‘non-accessible’’ periods when the container may necessarily oppose ocean carriers and marine consignees operate on small margins of profit, and already be incurring demurrage charges thus terminal operators recovering, in certain because public warehouse charges are generally eliminating the practice of ‘once in demurrage, circumstances, legitimate costs. Mohawk Global higher than demurrage charges, some consignees always in demurrage.’ ’’); Commodity Supplies, Inc. Logistics at 6 (noting that in government hold tend to use the piers as warehouses.’’ NYII, 9 S.R.R. at 2 (same, but for detention). situations, ‘‘[t]here should be compensation to both at 864. But this possibility is insufficient reason to 228 The caselaw involves demurrage, but similar the terminals and the carriers in these cases.’’); ignore the incentive principle. concepts would apply in detention context. Agregar Consultoria at 1. Nor do most of them deny 222 Cf. EMO Trans Atlanta, GA USA at 1 (‘‘To ask 229 Final Report at 27 (citing Port of San Diego, that demurrage and detention have a necessary the forwarding community to pay the price for 9 F.M.C. at 539). place in ocean commerce. E.g., Mohawk Global operational issues of ports and carriers must stop.’’) 230 NYII, 9 S.R.R. at 874 (noting obligation to Logistics at 2. Their primary concern is avoiding F.O.X. Intermodal Corp. at 1 (arguing that ‘‘tender for delivery free of assessments of any ‘‘punitive’’ demurrage and detention. John S. ‘‘terminals directly benefit from their inability to demurrage’’); NYI, 3 U.S.M.C. at 101 (‘‘This is an Connor Global Logistics at 1; AgTC at 1; service the truckers in a timely fashion’’); The Judge obligation which the carrier is bound to discharge ContainerPort Group at 1; Mohawk Global Logistics Organization at 1 (same). as a part of its transportation service, and at 6–7. 223 84 FR at 48852. consignees must be afforded fair opportunity to

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costs be shifted to a shipper during free be responsible, the ocean carrier or the To the extent, then, that these pre- time, even in the event of a strike.231 consignee, for paying the terminals’ containerization cases are relevant, they Second, during free time ocean carriers cost: ‘‘Thus, where the terminal is the stand for the proposition that insofar as remain subject to section 41102(c)’s intermediate link between the carrier demurrage is a penalty i.e., an incentive reasonableness standard: its practices and the shipper or consignee, one of to retrieve cargo, it is unreasonable to must be tailored to meet their purposes. these two persons must pay the assess it on cargo ‘‘in demurrage.’’ This Once free time expires, however, the terminal’s cost of providing the services is consistent with the guidance in the first of these legal principles drops away rendered.’’ 237 The Commission held rule. And, while those cases allowed because the transportation obligation of that during free time, this burden was ocean carriers to recover certain costs, the carrier has ended.232 At that point, on the ocean carrier; once free time as noted above, the rule does not ocean carriers can, and should, charge expired, it was on the shipper. The preclude the Commission from demurrage. As the Commission Commission in Boston Shipping considering whether demurrage and recognized in the NPRM, demurrage is Association said nothing about the detention have some compensatory a valuable charge when it incentivizes penalty aspect of demurrage. At most, it aspect when determining the prompt cargo movement.233 Ocean stands for the proposition that once free reasonableness of specific practices in carriers remain subject, however, to time ends, a shipper may be responsible individual cases. section 41102(c) and its requirement for any compensatory aspect of As for incentives, the commenters’ that demurrage practices be tailored to demurrage. second argument in favor of ‘‘once-in- meet their purposes—acting as financial This interpretation of Boston demurrage, always-in-demurrage’’ is incentives for cargo and equipment Shipping Association is consistent with that it provides an incentive for fluidity. If demurrage cannot act as an the New York cases. In Free Time and shippers and truckers to retrieve cargo incentive for cargo and equipment Demurrage Charges at New York, the and return equipment during free time. fluidity because, for instance, a marine Commission held that even after free According to PMSA, ‘‘[i]f a cargo terminal is closed for several days due time expired, levying penal demurrage interest knows that if it does not pick up to a storm, charging demurrage in such charges when a consignee, for reasons cargo or return equipment during the a situation, even if a container is already beyond its control, could not remove original free time period, it will be in demurrage, raises questions as to cargo from a pier was unjust and subject to charges even if a no-fault whether such demurrage practices are unreasonable: event occurs during the demurrage/per tailored to their intended purpose in When property lies at rest on a pier after diem, it will have a strong incentive to accordance with section 41102(c). free time has expired, and consignees, pick up the cargo during the original The ocean carrier and marine terminal through reasons beyond their control, are free time, promoting container operator commenters have two answers: unable to remove it, the penal element of velocity.’’ 241 precedent and incentives.234 According demurrage charges assessed against such to the commenters, Boston Shipping property has no effect in accelerating This is a corollary to the argument Association stands for the proposition clearance of the pier. To the extent that such that the rule disincentivizes shippers that it is ‘‘reasonable for a carrier to charges are—penal, i.e., in excess of a from retrieving containers during free compensatory level—they are a useless and time. As noted above, shippers and continue assessing demurrage against consequently unjust burden upon cargo that had exceeded free time when truckers have commercial reasons for consignees, and a source of unearned wanting to get containers off-terminal or a strike broke out, thus precluding pick 238 revenue to carriers. 242 up.’’ 235 Commenters rely on a single returned in a timely fashion. The Commission further held, Moreover, the prospect of having to pay quotation: ‘‘Thus, in our view, it is only however, that in such circumstances, just and reasonable that the consignee, demurrage or detention alone is an the ocean carrier is entitled to fair incentive. And, as noted above, once-in- who has failed to avail himself of the compensation for sheltering and opportunity to pick up his cargo during demurrage, always-in-demurrage may protecting the cargo.239 The also lessen the incentive for ocean free time, should bear the risk of any Commission reached a similar additional charges resulting from a carriers and marine terminal operators conclusion almost 20 years later in In re to perform efficiently. strike occurring after free time has Free Time and Demurrage Practices on 236 The Commission therefore does not expired.’’ Inbound Cargo at New York Harbor, But this quotation must be read in agree with some commenters’ arguments explaining that ‘‘[d]uring that it is always a reasonable practice to context. The question in Boston longshoremen’s strikes affecting even a Shipping Association was who should charge detention and demurrage after single pier, the penalty element of free time regardless of cargo availability demurrage affords no incentive to or the ability to return equipment. The accept delivery of cargo without incurring liability remove cargo from the pier because the for penalties.’’). rule and the principles therein apply to 231 Boston Shipping Ass’n, 10 F.M.C. at 416 (‘‘No consignee cannot do so for reasons 240 demurrage and detention practices one would argue that the carrier should pay the entirely beyond his control.’’ regardless of whether containers at issue terminals’ cost of providing the pier for the free are ‘‘in demurrage’’ or ‘‘in detention.’’ time period itself.’’); id. at 417 (‘‘We would place 237 10 F.M.C. at 417 (emphasis added); id. (‘‘It is the burden upon him who at the time of the strike therefore just and reasonable to require the vessel That is, in assessing the reasonableness owes an undischarged obligation to the cargo. Thus, to pay the cost of the supervening strike which of demurrage and detention practices, where the cargo is in free time and a strike occurs, renders the discharge of that responsibility the Commission will consider the extent it is the vessel which has yet to discharge its full impossible.’’) (emphasis added). to which demurrage and detention are obligation to tender for delivery and it is to the 238 NYI, 3 U.S.M.C. at 107. vessel that the terminal is at this point in time serving their intended primary purposes 239 Id. at 107–108. supplying the attendant facilities and services.’’). 240 9 S.R.R. at 875. The Commission reiterated as financial incentives to promote 232 Boston Shipping Ass’n, 10 F.M.C. at 417; NYII, that ocean carriers were entitled to compensation freight fluidity, including how 9 S.R.R. at 874. for use of their piers during longshoremen’s strikes demurrage and detention are applied 233 84 FR at 48852. for cargo in demurrage when strike began and also after free time has expired. 234 NAWE at 14 n.5; OCEMA at 5; PMSA at 7– allowed the assessment of demurrage (penal and 8; WCMTOA at 9. compensatory) after the end of a strike, despite 235 OCEMAT at 5. post-strike congestion, on containers in demurrage 241 PMSA at 8. 236 10 F.M.C. at 417–18. when the strike began. Id. at 877, 880. 242 E.g., AgTC at 4,

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4. Risk Allocation its incentive purpose.248 Put slightly systems,254 and that the concept of Finally, ocean carriers and marine differently, if a free time practice is not availability should include chassis 255 terminal operators argue that the rule tailored so as to provide a shipper a availability. unfairly allocates all risks in force reasonable opportunity to retrieve its As explained in the NPRM, it makes majeure situations to ocean carriers and cargo, it is not likely to be reasonable.249 sense that if free time represents a marine terminal operators and prevents The Commission emphasized that reasonable opportunity for a shipper to retrieve a container, it should be tied, to allocation of those risks by contract.243 concepts such as cargo availability or the extent possible, to cargo availability, Commenters refer to ‘‘risk related to accessibility refer to the actual and the Commission recognizes the fluctuations in terminal fluidity,’’ ‘‘risk availability of cargo for retrieval by a merits of that approach. But the and all of the attendant costs related to shipper or trucker. The Commission did Commission will not in this general events beyond their control,’’ 244 and not go so far as to define what interpretive rule make a finding that ‘‘the entire financial responsibility for availability means, but it said that failure to start free time upon no-fault situations.’’ 245 Similarly, certain practices would weigh favorably ‘‘availability’’ is necessarily NAWE’s states that ‘‘the NPRM would in the reasonableness analysis, unreasonable. The operational legally mandate that all risk of including starting free time upon environments and commercial demurrage/detention costs in force container availability and stopping a conditions at terminals across the majeure-type situations be placed on demurrage or free time clock when a country vary significantly, and in some terminals and carriers.’’ 246 container is rendered unavailable, such The Commission interprets these situations, there might not be much as when a trucker cannot get an difference between tying free time to comments as saying that in a ‘‘force appointment within free time. majeure’’ situation, e.g., a port is vessel discharge and tying it to 256 completely closed due to weather, There was significant support for the availability. For similar reasons, commenters incur costs related to Commission’s guidance from shippers, while the Commission will consider in containers and terminal property, and if truckers, and intermediaries, and the the reasonableness analysis how they cannot charge demurrage or Commission will include the language demurrage and detention practices detention, they have to absorb those on container availability from the address interruptions in availability costs. Again, part of the problem is that proposed rule in the final rule. A during free time, requiring specific the commenters treat a factor in the number of commenters request bright ‘‘stop-the-clock’’ procedures is beyond 257 reasonableness analysis—the incentive line rules. For instance, several the scope of this rulemaking. The principle—as creating bright line rule, commenters argue that free time should Commission is sympathetic to shipper, and they further assume the not start until a container is available, intermediary, and trucker arguments Commission would be incapable of and that starting free time before that bright line rules will be more exercising common sense when availability should be deemed an beneficial to them and would be clearer 250 applying the factors. As explained unreasonable practice. Others assert than the Commission’s factor-based above, nothing precludes the that free time and demurrage and approach. But imposing bright line rules Commission from considering whether detention clocks should stop when could inhibit the development of better demurrage and detention have some containers become non-accessible due solutions. compensatory aspect when determining to situations beyond the control of As for defining ‘‘container the reasonableness of specific practices shipper or trucker.251 Still others availability,’’ the Commission declines in individual cases. request that the Commission define to do so here, as it can vary by port or ‘‘container availability,’’ 252 that the marine terminal. Suffice it to say, F. Cargo Availability Commission expressly address things availability at a minimum includes In addition to describing how section like terminal hours of operation vis-a`- things such as the physical availability 41102(c) may apply in the demurrage vis free time,253 appointment of a container: Whether it is discharged and detention context—the incentive from the vessel, assigned a location, and 258 principle—the Commission in the 248 84 FR at 48852. in an open area (where applicable). NPRM also sought to explain how that 249 84 FR at 48852 (‘‘The more a demurrage principle might work in particular practice is tailored to cargo availability, the less 254 E.g., Retail Indus. Leaders Ass’n at 2 (‘‘A contexts. First, the Commission clarified likely the practice is to be found unreasonable.’’). terminal’s volume of appointment times and 250 E.g., Dow Chemical Co. at 2 (‘‘Free time appointment availability are a critical component of that it may consider in the should be tied to actual cargo availability and not cargo owners’ ability to collect cargo. It is essential reasonableness analysis the extent to vessel arrival since efficient cargo pickup cannot be to consider the details of a terminal’s appointment which demurrage practices and incentivized if the cargo may not yet be available.’’); system, including availability and time frames of regulations relate demurrage or free time Am. Cotton Shippers Ass’n at 4; Am. Coffee Corp. appointments, when assessing if fees are at 2; Commodity Supplies at 1; CV Int’l at 1; Harbor justified.’’); Harbor Trucking Ass’n at 2 (‘‘Important 247 to cargo availability for retrieval. If, Trucking Ass’n at 1–2; Int’l Fed. of Freight to consider the workings of terminal appointment the Commission stated, shippers or Forwarders Ass’ns at 2; John S. Connor Global systems in evaluating reasonableness—should be truckers cannot pick up cargo within Logistics at 2; New Direx Inc. at 1; NYNJFFF&BA some minimum period of appointment free time, then demurrage cannot serve at 4; Retail Indus. Leaders Ass’n at 2; Transp. availability.’’). Intermediaries Ass’n at 4. 255 E.g., Am. Cotton Shippers Ass’n at 5; CV Int’l, 251 E.g., Nat’l Indus. Transp. League at 8 (‘‘The Inc. at 1; John Steer Co. at 1; John S. Connor Global 243 Am. Ass’n of Port Auth. at 2 (‘‘However, the League agrees wholeheartedly that the Logistics, Inc. at 2–3; Yusen Logistics (Americas) proposed rule would effectively prohibit private reasonableness of demurrage practices and charges, Inc. at 1. But see Thunderbolt Global Logistics at parties from negotiating over how the risk of events including free time rules, should be related to 1 (‘‘The lack of an available chassis should not be beyond either’s control (such as weather event or actual physical availability of the cargo.’’); Am. considered a requirement of availability unless the actions of a third party) are to be allocated, putting Cotton Shippers Ass’n at 4; Commodity Supplies at steamship line is supplying the chassis as part of all the burden completely on the terminal operator 2; Int’l Fed. of Freight Forwarders Ass’ns at 2; John their contract of carriage.’’). and/or carrier.’’); see also NAWE at 11; OCEMA at S. Connor Global Logistics at 2 256 See Final Report at 21–22. 2–3; PMSA at 6; Ports Am. at 5; 252 E.g. EMO Trans Atlanta, GA USA at 1; FedEx 257 Accordingly, many ocean shipper and marine 244 OCEMA at 2–3. Trade Networks, Inc. at 1; Int’l Motor Freight at 1. terminal operator concerns about the 245 PMSA at 6. 253 E.g., Mondelez Int’l at 1 (‘‘All free time should ‘‘unworkability’’ of the rule are unfounded. See 246 NAWE at 11. be defined as business days as not all ports allow NAWE at 12–13; WMCTOA at 10–11. 247 84 FR at 48852, 488555. pick up/return on weekends.’’); Rio Tinto at 1. 258 84 FR at 48853; Final Report at 20.

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Depending on the facts of the case, the may, in an appropriate case, consider issues with marine terminal ‘‘dual Commission may consider things such chassis availability in the analysis. In move’’ requirements.272 In the import as appointment systems and doing so the Commission would be context, a ‘‘dual move’’ is where a appointment availability and trucker especially careful to analyze how the trucker drops off an empty container access to the terminal, i.e., chassis supply model at issue relates to and picks up a loaded container on the congestion.259 the primary incentive purpose of same trip to a terminal. Mohawk Global The chassis situation is more demurrage and detention. Logistics described some of the issues complicated. It is undeniable that G. Empty Container Return that arise when a marine terminal chassis availability impacts the ability operator requires a dual move to return of a shipper or a trucker to remove a The second application of the an empty container: container from a port.260 But the incentive principle discussed in the rule 266 When winding down peak season, there Commission has held that ‘‘[p]ersons is empty container return. The rule are typically more empty containers being importing merchandise may reasonably states that absent extenuating returned than full containers available to be assumed to have, or be able promptly circumstances, practices and regulations pick up, so single empty returns are more to obtain, the equipment needed to that provide for imposition of detention commonly needed, and without inbound receive it,’’ and, therefore, ‘‘[i]t is not when it does not serve its incentivizing loads, dual moves are hard to effect. When purposes, such as when empty terminals go for days without accepting necessary, in fixing free time, to allow single moves, the trucker is stuck holding the for delays that may be encountered in containers cannot be returned, are likely 267 container, usually on a chassis that is being 261 to be found unreasonable. The the procurement of equipment.’’ charged for daily, and in a storage yard that Additionally, chassis supply models Commission explained that such is also charging daily. When a few single vary. Sometimes a trucker provides his practices, absent extenuating slots open up, everyone scrambles to get or her own chassis. Sometimes chassis circumstances, weigh heavily in favor of there with empties, quickly closing the yard are provided via third-party chassis a finding of unreasonableness, because down again.273 providers, over whom the Commission if an ocean carrier directs a trucker to Changes in return location, and does not have authority under section return a container to a particular requiring dual moves, are certainly 41102(c). And, although ocean carriers terminal, and that terminal refuses to practices that the Commission could in many cases sold their chassis fleets, accept the container, no amount of 268 review under section 41102(c) in light of sometimes they substantially affect detention can incentivize its return. the guidance in rule.274 While the rule chassis availability via chassis pools In addition to refusal to accept empty does not discuss the extension of free containers, the Commission listed owned by ocean carrier agreements such time when containers must be returned additional situations where imposition as OCEMA.262 Ocean carriers also exert to a different terminal than that from of detention might weigh toward control over chassis via ‘‘box rules,’’ which they were retrieved, the approach unreasonableness, such as under which ocean carriers determine may have merit. The NPRM referred to uncommunicated or untimely which chassis a trucker must use in a the similar situation when container communicated changes in container carrier haulage situation.263 According return location changes and the change return, or uncommunicated or untimely to the Agriculture Transportation is not communicated in a timely communicated notice of terminal Coalition (AgTC), ‘‘carriers’ ‘box rules’ fashion.275 The Commission is closures for empty containers.269 limit availability of chassis, forcing Most of the comments about this particularly concerned about the trucker to ‘hunt’ for a container brand aspect of the rule were supportive.270 reasonableness of dual move designated by the carrier, and cannot Several commenters suggest additional requirements, or more specifically, an use other containers more conveniently ocean carrier imposing detention when 264 ideas. Some argue that an ocean carrier located.’’ should grant more detention free time a trucker’s inability to return a container Suffice it to say, the assumption in when the carrier requires an empty to be within free time is due to it not being Free Time and Demurrage Charges at returned to a location other than where able to satisfy a dual move 276 New York that a shipper is able it was retrieved, or when a marine requirement. Although the promptly to obtain equipment’’ might, terminal operator requires an in the case of a trucker and chassis, in should be returned to the marine terminal it was appointment to return an empty picked up from in order to increase truck efficiency some circumstances, no longer be container.271 Commenters also raised 265 and reduce the number of chassis splits.’’); Mohawk valid. Accordingly, the Commission Global Logistics at 7 (‘‘Some carriers argue the equipment necessary to retrieve cargo. In ordinary containers should be returned to a different facility, 259 84 FR at 48852–53; id. at 48852 n.16; Final circumstances, a shipper could not escape liability but typically they are more distant, or also closing Report at 20. That the Commission in an for demurrage because it is unable to procure a down.’’); S. Counties Express at 2. appropriate case could consider appointment trucker or because its trucker cannot obtain a 272 E.g. Mohawk Global Logistics at 7; S. Counties systems and appointment availability is by no chassis. There could, however, be circumstances Express at 2 (‘‘Empties only being received as a means a requirement that all terminals must adopt when the Commission could consider chassis ‘dual transaction’ when the motor carrier has no appointment systems. Contra WCMTOA at 11; SSA availability in the reasonableness analysis. load to pull from the terminal. Steamship line Marine, Inc. at 2. 266 84 FR at 48853, 48855. charges motor carrier for not returning the empty 260 84 FR at 48851 at n.7 (‘‘Current variations in 267 84 FR at 48855. and pulling a load.’’); Quik Pick Express, LLC chassis supply models have frequently contributed 268 84 FR at 48853; see also id. (‘‘Absent (‘‘Typically, this is due to terminals only receiving to serious inefficiencies in the freight delivery extenuating circumstances, assessing detention in empty containers as part of a dual transaction. If our system.’’); id. (‘‘Timely and reliable access to such situations, or declining to pause the free time company does not have an import container to roadworthy chassis is a source of ongoing and or detention clock, would likely be unreasonable.’’). extract from that terminal, we are unable to bring systemic stress to the system.’’). 269 84 FR at 48853. them our empty. We have no viable option to return 261 NYI, 3 U.S.M.C. at 100. the container, but are still faced with Detention 270 E.g., A.N. Deringer, Inc. at 1 (‘‘If we cannot 262 charges by the Steamship line.’’). Inst. of Int’l Container Lessors at 7. return a container because the terminal will not 273 263 See Bill Mongelluzzo, Box rules hold back take it, detention should not accrue.’’); Int’l Fed. of Mohawk Global Logistics at 7. interoperable chassis pools: truckers, JOC.com (Dec. Freight Forwarders Ass’ns at 2; Mohawk Global 274 Assuming the other elements of a section 12, 2019) (defining ‘‘box rules’’). Logistics at 7; NYNJFFF&BA at 3; Transp. 41102(c) case are met. 264 AgTC at 5. Intermediaries Ass’n at 4; Transways Motor Express 275 84 FR at 48853. 265 NYI, 3 U.S.M.C. at 100. To be clear, the at 1; Yupi at 1; NCBFAA at 7. 276 As between ocean carriers and marine Commission agrees in general with the assumption 271 E.g., Best Transp. at 2; F.O.X. Intermodal Corp. terminal operators, in this context the focus would that a shipper or its agent has or can obtain the at 1; Int’l Motor Freight at 1 (‘‘All empty equipment Continued

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CommCission assumes there are reasonable opportunity to retrieve the a commenter, notice of availability operational reasons for dual move cargo; (2) that notification practices ‘‘would serve the important function of requirements, they effectively tie a must be reasonably tailored to fit their clearly identifying when the cargo is trucker’s ability to avoid charges to purposes under section 41102(c); and truly available for pick up and thus doing additional business with a carrier (3) the notion that aligning cargo when the free time clock should start or at a terminal. In an appropriate case, retrieval processes with the availability and end.’’ 287The Commission remains the Commission would carefully of cargo will promote efficient removal concerned that legacy forms of notice scrutinize such practices.277 of cargo from valuable terminal might not be providing shippers with a The National Customs Brokers and space.280 reasonable opportunity to retrieve Forwarders Association of America In applying this factor, the most cargo.288 Those concerns militate in (NCBFAA) also advocates that the important consideration is the extent to favor of the Commission keeping Commission ‘‘expand’’ the rule to reflect which any notice is calculated to ‘‘notice’’ as a factor in its guidance. the railroad concept of constructive apprise shippers and their agents that a That said, the Commission is not delivery of empty containers.278 Under container is available for retrieval.281 requiring specific types of notice. The this approach, the detention clock The Commission explained that the type Commission’s guidance is intended to should stop once a container ‘‘has been of notice is important—types of notice apply to a wide variety of terminal or could be delivered back to the port, that are expressly linked to cargo conditions. What constitutes VOCC or CY [container yard], but for the availability weigh favorably in the appropriate notice in one situation recipient’s inability or unwillingness to analysis—and listed examples.282 The might not in another. Ocean carrier and receive the asset.’’ 279 The Commission Commission also noted the merits of marine terminal operator customers views this approach as one option an ‘‘push notifications’’ of cargo have varied needs, and the Commission ocean carrier could use to mitigate availability, notifying users of changes is wary of asking regulated entities to detention under circumstances where in container availability, linking free develop tools that their customers are the charges cannot serve their primary time to notice of availability, and unwilling to use.289 Consequently, purpose of incentivizing freight fluidity. appointment guarantees.283 The while the Commission may consider the To the extent that NCBFAA is Commission stopped short, however, of factors listed in the NPRM in the suggesting that the Commission should specifying any particular form of notice. analysis, it is not requiring any specific adopt the constructive delivery The comments about this paragraph of form of notice. principle, the Commission believes that the rule were generally of two types. Marine terminal operators argue that importing this concept from the railroad Shippers, intermediaries, and truckers by noting the merits of things like ‘‘push context is something better addressed in strongly support notice of cargo notifications’’ and updates regarding the context of a specific case or a future availability and urged that the container status, the Commission is proceeding devoted to that topic, so that Commission require such notice and ‘‘requiring’’ marine terminal operators it can receive comments and arguments specify what information a notice must to do these things. This is based on an 284 290 from all sides. contain. Marine terminal operators misreading of the NPRM. The marine opposed the Commission requiring any terminal operators also make a number In sum, the Commission is adopting 285 this paragraph of the rule without particular type of notice. of claims about the costliness and The substantial supportive comments modification. technical feasibility and necessity of bolster the Commission’s belief that some of the suggestions.291 These are H. Notice of Cargo Availability consistent notice that cargo is actually The rule also states that in assessing available for retrieval would provide Commission noted that ‘‘[c]onsignees are significant benefits to ocean freight universally apprised of the arrival of vessels’’ and the reasonableness of demurrage reasoned that ‘‘[i]nsistence upon a notice of practices and regulations, the delivery system, especially if that notice 286 availability would subject the carriers to extra work Commission may consider whether and is tied to free time. As pointed out by and expense that would be largely futile and which how regulated entities provide notice to appears quite unjustifiable.’’ Id. at 106. The advent 280 Final Report at 18–20, 27–28; Interim Report of containerization and the technological advances cargo interests that cargo is available for at 9, 18; 84 FR at 98853 (‘‘The more these factors that have occurred over the past 72 years raise retrieval. The rule further states that the align with the goal of moving cargo off terminal serious questions as to the continuing validity of Commission may consider the type of property, the less likely demurrage practices would these conclusions. As the Fact Finding Officer notice, to whom notice is provided, the be found unreasonable.’’). found, and shippers, intermediaries, and trucker 281 format of notice, method of distribution 84 FR at 48853. commenters persuasively asserted, notices of 282 84 FR at 48853 (‘‘[n]otice that cargo is availability would have benefits. Final Report at of notice, the timing of notice, and the discharged and in an open area,’’ ‘‘notice that cargo 19–20. effect of the notice. This factor reflects is discharged, in an open area, free of holds, and 287 NYNJFFF&BA at 4. that: (1) Ocean carriers are obligated proper paperwork has been submitted,’’ and ‘‘notice 288 Final Report at 19 (noting that some terminal under their contracts of carriage to give of all of the above and that an appointment is operators as well as cargo interests ‘‘believed that available.’’). vessel arrival is a poor proxy for notice that a notice to consignees so that they have a 283 84 FR at 48853. container is available’’); see also Transp. 284 E.g., Mohawk Global Logistics at 2; NCBFAA Intermediaries Ass’n at 4 (‘‘TIA supports tying free likely be on ocean carrier practices. See FMC at 13; Airforwarders Ass’n at 1; ContainerPort time to actual cargo availability and not to vessel Demurrage Report at 7 (‘‘For the return of their Group at 1; CV Int’l, Inc. at 2; FedEx Trade arrival: As FMC points out, demurrage cannot empty containers, VOCCs instruct the consignees Networks, Inc. at 1–2; Florida Customs Brokers & incentivize efficient cargo pickup if the cargo is not and terminal operators who serve them when, Forwarders Ass’n at 1; Int’l Fed. of Freight truly available yet.’’). where, and how this equipment can be returned.’’). Forwarders Ass’ns at 2; John S. Connor Global 289 Final Report at 19 (‘‘In other words, the 277 Some commenters also asserted that off- Logistics at 3–4; Thunderbolt Global Logistics at 2; terminal operators stated, they are being asked to terminal empty container storage areas should have cf. Int’l Logistics; ContainerPort Group. create tools that are not effective for the market.’’). the same hours as marine terminals. Int’l Motor 285 PMSA at 5–6; WCMTOA at 10–11. In contrast, 290 WCMTOA insists that the NPRM ‘‘seeks to Freight at 1; Transways Motor Express at 1. While WSC argues that the rule is too vague in this regard mandate the optimum level and type of notice for that is something regulated entities may consider, because the Commission did not specify ‘‘what it all terminal operators and carries in all delving into the hours of operation of particular considers to be the proper format, method, or circumstances.’’ WCMTOA at 11. The language of facilities is beyond the scope of the rule, which is timing’’ of notice.’’ WSC at 16. the rule, however, belie WCMTOA’s inferences. to provide general guidance. 286 In NYI, the Commission declined to require 291 PMSA at 10–11 (noting that few industry 278 NCBFAA at 7. that free time start upon issuance of a notice of players use push notifications because existing 279 NCBFAA at 7. availability. NYI, 3 U.S.M.C. at 105–06. The technology does not accommodate them.’’);

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arguments that the commenters would the Fact Finding Investigation wherein Commission sought comment on three be free to make if relevant in a particular once an appointment is made, a marine proposals, and any other suggestions for case. terminal operator would guarantee that ‘‘handling demurrage and detention in Further, in describing things likely to the container would be available at the the context of government inspections, be found reasonable, the Commission appointed time. If for some reason the consistent with the incentive was reacting to what it heard from marine terminal could not honor the principle.’’ 301 The Commission’s shippers, intermediaries, and truckers appointment, it would accommodate the proposals were: during the Fact Finding Investigation, trucker in some other way, such as (a) In the absence of extenuating and pointing out their potential restarting free time, giving priority to a circumstances, demurrage and detention advantages. The Commission mentioned new appointment, or waiving the need practices and regulations that provide for the the ‘‘type’’ of notice because notice for an appointment. The Commission, escalation of demurrage or detention while related to cargo availability was, in based on the Fact Finding Officer’s cargo is undergoing government inspection some circumstances, more aligned with reports, noted in the NPRM that these are likely to be found unreasonable; the ability to retrieve the cargo than were potentially valuable ideas, but they (b) In the absence of extenuating notice of vessel arrival.292 But that is not circumstances, demurrage and detention were not intended to be the only practices and regulations that do not provide necessarily the case at all ports or at all ideas.296 terminals or for all shippers.293 The for mitigation of demurrage or detention WCMTOA claims that the while cargo is undergoing government Commission referred ‘‘to whom’’ notice Commission ‘‘would seem to impose a inspections, such as by waiver or extension would be provided as a consideration requirement for a terminal operator to of free time, are likely to be found because truckers and others said that update cargo interests on a minute-by- unreasonable; or efficient retrieval of cargo could be minute basis as to the availability status (c) In the absence of extenuating enhanced if they were directly of individual containers.’’ 297 But circumstances, demurrage and detention notified.294 As for the notice format and nothing in the rule requires ‘‘minute-by- practices and regulations that lack a cap on distribution method, the Commission minute updates’’ of changes in container the amount of demurrage or detention that may be imposed while cargo is undergoing commented on push notifications status. Rather, the Commission may because truckers explained that even government inspection are likely to be found consider whether and how notice of unreasonable.302 when marine terminal operators provide changes in cargo availability is container status information on provided, with the focus being how well Option B is the most popular option websites, truckers would have to among the shipper, intermediary, and ocean carrier and marine terminal 303 continuously monitor or ‘‘scrape’’ the operator practices are reasonably trucker commenters. This option is websites to know when a container tailored to their purposes.298 essentially a restatement of the general would be ready.295 And as for In light of the foregoing, the incentive principle. Under the incentive appointment availability and notice, the Commission is adopting the language principle, ‘‘absent extenuating Commission was noting the potential regarding notice of cargo availability circumstances, demurrage and detention advantages of an idea proposed during without change. practices and regulations that do not provide for a suspension of charges PONYNJSSA (‘‘[T]he NPRM suggests that if such a I. Government Inspections when circumstances are such that system does not ‘push’ relevant information, then The Commission acknowledged in the demurrage and detention are incapable such a system might not be considered a reasonable NPRM that significant demurrage and of serving their purpose would likely be notice of cargo availability.’’). 304 292 E.g., Transworld Logistics & Shipping Servs., detention issues involve government found unreasonable.’’ Option B Inc. at 3 (‘‘It must be mentioned here that the arrival inspections of cargo.299 Such simply treats ‘‘government inspections notice which is a courtesy information cannot be inspections not only involve shippers, of cargo’’ as a type of circumstance, like confused or construed to replace a cargo availability intermediaries, truckers, and marine a port closure due to weather, where notice.’’). demurrage and detention may not be 293 Yupi at 1. terminal operators, but also government 294 There was significant discussion during the agencies, third-parties, and off-terminal serving their incentive function. investigation about who should be providing notice facilities, such as centralized A few commenters support Option C, related to cargo availability. Ocean carriers have a examination stations.300 The wherein there would be a cap on the notice obligation under their contracts of carriage, amount of demurrage or detention that which they purport to fulfil by providing notice of 296 could be imposed while cargo is vessel arrival. See Final Report at 27. Otherwise, For instance, the International Federation of notice about container status is typically provided Freight Forwarders Associations advocates undergoing government inspection. by marine terminal operators. The difficulty is that ‘‘advance notice of cargo availability.’’ Int’l Fed. of Most of these commenters tie this cap to the entity in the best position to know about Freight Forwarders Ass’ns at 3–4; see also costs incurred by regulated entities container status—the marine terminal operator—is Mondelez Int’l at 1 (‘‘If the carriers could advise not necessarily privy to information about who even within a few days prior to vessel arrival that should receive notice, which is information the the cargo will be ready at a certain date for pickup opening, presentation for inspection, and closing of carrier has via bills of lading and other shipping it would allow for more efficient planning and all types of cargo designated for examination by documents. The solution would seem to involve appointment making instead of a constant Customs.’’ 19 CFR 118.2, 118.4(b). CES operators better coordination between ocean carriers and the scramble.’’). have the option of providing transportation for marine terminal operators with whom they contract 297 WCMTOA at 12. merchandise to the CES. 19 CFR 118.4(l). CES to provide terminal facilities. 298 Volkswagenwerk Aktiengesellschaft v. Fed. operators are obliged to perform in accordance with reasonable requirements imposed by a port director. 295 E.g. Harbor Trucking Ass’n (‘‘Notice must be Mar. Comm’n, 390 U.S. 261, 295 (1968) (‘‘Of course 19 CFR 118.4(k). A port director may propose to timely and readily accessible to the contracting charges need only be ‘reasonably’ related to cancel an agreement to operate a CES if the operator party or its designee, must provide clear benefits, and not perfectly or exactly related fails to comply with its § 118.4 obligations. 19 CFR information as to when and where cargo may be . . . .’’) (Harlan, J, concurring). 118.21. retrieved, and ‘push notices’ are favored.’’); 299 84 FR at 48853. 301 Mohawk Global Logistics at 2 (‘‘Truckers must 300 A ‘‘centralized examination station’’ is ‘‘a 84 FR at 48853. proactively and continuously po[re] over multiple privately operated facility, not in the charge of a 302 84 FR at 48853. websites to check on availability of containers they Customs officer, at which merchandise is made 303 E.g., Commodity Supplies Inc. at 2; Harbor have been assigned.’’). But see PMSA at 10–11 available to Customs officers for physical Trucking Ass’n at 2; Dow Chemical Co. at 2; FedEx (arguing that there is little difference between examination.’’ 19 CFR 118.1. CESs are established Trade Networks at 2; Green Coffee Ass’n at 2; Int’l getting a push notification and ‘‘accessing the by port directors, and a CES operator agrees to, Ass’n of Movers at 2; Meat Import Council of website or app to get the information at the among other things, ‘‘[p]rovide adequate personnel America at 3; Nat’l Retail Fed. at 2. shipper’s or trucker’s convenience’’). and equipment to ensure reliable service for the 304 84 FR at 48852.

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related to the inspections.305 As demurrage or detention charges or cap operations.317 The Commission explained by one commenter, the cap the fee at 25% assuming the punitive reaffirmed this principle in 1967, would be ‘‘akin to a compensatory aspect being removed is 75%, or finding that ‘‘inspection delays are component of a demurrage or detention thereabouts.’’ 314 occasioned by factors other than those charge that does not include the penal The Commission has determined that, relating to the obligation of the component of the charge.’’ 306 Few consistent with precedent, carrier.’’ 318 commenters prefer Option A.307 As for reasonableness should be assessed by Subsequently, however, the Supreme ocean carrier and marine terminal considering whether demurrage and Court held that to determine operator commenters, they object to any detention serve their intended purposes. reasonableness under section 41102(c)’s change to the status quo, under which, As noted above, when shippers cannot predecessor, one should look at how they assert, ‘‘carriers and terminals are retrieve cargo from a terminal, it is hard well charges correlate to their not required to extend free time based to see how demurrage or detention serve benefits.319 And the Commission later on delays in the availability of cargo their primary incentive purpose. The held in Distribution Services that in the resulting from government question is, why shouldn’t that context of a carrier’s terminal practices, inspections.’’ 308 principle apply during government ‘‘a regulation or practice must be Some commenters also suggest inspections of cargo? In other words, tailored to meet its intended different proposals, including why are government inspections purpose.’’ 320 The reasoning regarding disallowing any demurrage or detention different from any other circumstance government inspections in Free Time during government inspections, so long where a shipper cannot retrieve its and Demurrage Charges at New York, as correct customs entries had been cargo? which did not consider whether free made,309 extending free time for five Ocean carriers and marine terminal time and demurrage practices were days, after which demurrage during a operators argue that it is permissible to tailored to meet their intended hold could accrue,310 disallowing treat government inspections differently purposes, is inconsistent with the demurrage and detention during under Commission precedent. They also analytical framework of these more government inspections and restarting argue that to extend free time during recent cases. Consequently, Commission free time clock from zero after government inspections or to not charge precedent does not bar the Commission inspection,311 and a Container demurrage and detention during them from applying the incentive principle to Inspection Fund, funded by a fee on disincentivizes shippers, for instance, to government inspections—it supports its containers, used to defray ocean carrier properly submit paperwork. Finally, application.321 and marine terminal operator costs they argue that ocean carriers and Nor do the incentives at play suggest incident to inspections as well as to pay marine terminal operators incur costs that government inspections should be for demurrage and detention.’’ 312 The during government inspections, and treated specially under the rule. objective of the latter proposal would be those costs are most appropriately According to WCMTOA: ‘‘If the spread the costs of inspections among a allocated to shippers because they are terminal operator or carrier may not ‘‘wider constituency’’ because the only ones with any control of reasonably impose demurrage during a ‘‘[g]overnmental inspections and holds whether inspections happen and how government inspection or include such are performed for the benefit of the they proceed. In contrast, they argue, periods in free time the importer/ shipping community as a whole and marine terminal operators and ocean exporter will have no incentive to avoid society at large, not just for the carriers have no control over whether or minimize government inspections by individual shipper involved in a containers are inspected or how long ensuring that its paperwork is complete particular inspection.’’ 313 For similar inspections last. and accurate, that it properly loads and Although Commission caselaw reasons, Mohawk Global Logistics supports these commenters’ arguments, 317 3 U.S.M.C. at 96; id. at 99 (‘‘As regarding suggests ‘‘assign[ing] the true cost of the that caselaw pre-dates, and does not either commodity, the sampling is not an operation resources as a ‘special government hold’ reflect, the Commission’s modern required in connection with delivery by the carriers. Therefore, it can provide no valid ground interpretation of section 41102(c). In 305 E.g., CV Int’l at 2 (‘‘There should be a cap to to contend that free time allowed is unjust or the potential D/D charges resulting from Free Time and Demurrage Charges at unreasonable.’’). government holds: perhaps a level that corresponds New York, the Commission held that 318 NYII, 9 S.R.R. at 880. clearly to the true cost or income lost on the ocean carriers are not required to extend 319 Volkswagenwerk, 390 U.S. at 282. container or storage space during the hold free time to account for government 320 Distribution Servs., 24 S.R.R. at 722. period.’’); Dow at 2; Int’l Ass’n of Movers at 2; Nat’l 321 inspections of cargo.315 Delays related to NAWE also cites Truck & Lighter Unloading Indus. Transp. League at 13; Thunderbolt Global Practices at New York Harbor, 12 F.M.C. 166 (FMC Logistics (cap for detention, demurrage should be government inspections, the 1969) for the proposition that terminal operators are waived). Commission stated, ‘‘are not factors that only responsible for delays within their control. 306 Nat’l Indus. Transp. League at 13. carriers are required to consider in NAWE at 5–6. This case did not discuss 307 CV Int’l at 2 (‘‘Accelerated D/D charges should fixing the duration of free time.’’ 316 The Volkswagenwerk, however, and pre-dated not be permitted for cargo under government Distribution Services. Moreover, the context was hold.’’); Meat Import Council of Am. at 3; John S. Commission in that case cited no very different. Truck & Lighter in involved truck Connor Global Logistics at 5 (‘‘[W]e do not believe precedent. It reasoned that allowing free detention. In contrast to the issues here, at the time, it is appropriate for the carriers and/or MTO time to run during government marine terminals were required to compensate operators to escalate charges (i.e., impose penalty truckers for delays. 12 F.M.C. at 170 (requiring inspections was permissible because adoption of a rule that ‘‘will compensate the demurrage) in these situations.’’). delays related to government 308 NAWE at 15; see also OCEMA at 5; PMSA at truckers for unusual truck delays caused by or 9–10; WCMTOA at 6–9; WSC at inspections were not attributable to under the control of the terminals’’). The Commission said that marine terminals only had to 309 FedEx Trade Networks at 2. ocean carriers or related to their pay a fee (truck detention) when delays were within 310 Emo Trans Atlanta, GA USA at 1. their control. Id. at 171. Here, however, it is 311 AgTC at 6. 314 Mohawk Global Logistics at 6. shippers, intermediaries, and truckers who are 312 Sea Shipping Line at 2; Sefco Export 315 NYI, 3 U.S.M.C. at 96, 99; id. at 101 (holding arguing that they should not have to pay a fee Management Co. at 2 (‘‘The proposal for a Container that ‘‘the carriers, in determining the duration of (demurrage and detention) due to delays outside Inspection Fund is one of the rare out of the box free time, are not obliged to take account of delays their control. In other words, Trucker & Lighter does suggestions that I have come across that might in the removal of cargo which arise from the causes not stand for the proposition that marine terminal actually do some good.’’). hereinabove discussed.’’). operators can impose fees when delays are outside 313 Sea Shipping Line at 2. 316 3 U.S.M.C. at 96. of their control.

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secures its cargo in a container and that proposed in the NPRM. Instead, the rule This paragraph of the rule first it carefully verifies the nature, quantity, makes clear that the Commission may considers the existence of demurrage safety, or labelling of its cargo.’’ 322 This consider the incentive principle in the and detention policies, that is, ‘‘whether argument is unpersuasive. First, there government inspection context as it a regulated entity has demurrage and are numerous incentives other than would in any other context. detention policies that reflect its avoiding demurrage that motivate Additionally, given ocean carrier and practices.’’ 334 There was little comment shippers to avoid or minimize marine terminal operator concerns on this aspect of the rule, but what there government inspections. Not only are about disincentivizing shippers from was supports the Commission’s there examination costs, but government complying with the customary approach.335 The Commission is inspections delay cargo from reaching obligations, the final rule includes therefore retaining this language about its intended destination and may result language expressly indicating that the the ‘‘existence’’ of policies in the final in cargo damage.323 Second, under the Commission may consider extenuating rule. rule, the Commission may consider the circumstances. Specifically, the final The rule also refers to the accessibility extent to which a shipper complies with rule states that in assessing the of policies. The Commission stated in its customary responsibilities. These reasonableness of demurrage and the NPRM that it would consider in the responsibilities include things like detention practices in the context of reasonableness analysis ‘‘whether and submitting complete, accurate, and government inspections, the how those policies are made available to 324 timely paperwork. Commission may consider the extent to cargo interests and truckers and the Marine terminal operators and ocean which demurrage and detention are public.’’ 336 ‘‘The more accessible these carriers also point out that they suffer serving their intended purposes and policies are’’ the Commission explained, costs due to government inspections may also consider any extenuating ‘‘the greater this factor weighs against a despite having no control over circumstances. If circumstances 337 325 finding of unreasonableness.’’ The inspections. The Commission does demonstrate the need for more specific Commission went on to note that ‘‘[t]his not disagree, nor do shippers, guidance in this regard, especially as to factor favors demurrage and detention intermediaries, or truckers. As one specific ports or terminals or specific practices and regulations that make commenter noted, ‘‘government holds types of inspections, the Commission policies available in one, easily [impose on marine terminal operators can refine these principles via accessible website, whereas burying and ocean carriers] a hardship, too.’’ 326 adjudication or further rulemaking. demurrage and detention policies in Shippers, however, also incur costs due scattered sections in tariffs would be to inspections, and their control over an J. Demurrage and Detention Policies disfavored.’’ 338 inspection is limited. Shippers cannot Although the incentive principle and always control whether their cargo is its applications were the focus of the Although commenters agree that inspected, for instance,327 nor can they rule, the Commission’s guidance also demurrage and detention policies 339 exert much control of the timeliness of included ‘‘other factors that the should be accessible, ocean carriers examinations.328 Commission may consider as and marine terminal operators object to In sum, none of these features of contributing to the reasonableness this aspect of the rule on the grounds government inspections distinguish inquiry.’’ 330 The first ‘‘other factor’’ is that it is inconsistent with statutory and them from other circumstances that the existence and accessibility of regulatory provisions regarding prevent shippers from retrieving cargo. policies implementing demurrage and publication of tariffs and marine That said, the complexity of government detention practices and regulations.331 terminal operator schedules.340 As these inspections and the variety of types of This factor was based on the Fact commenters point out, the Shipping Act government inspections militate against Finding Officer’s finding that there requires a common carrier to ‘‘keep adopting a single approach in the existed a marked lack of transparency open to public inspection in an Commission’s guidance.329 regarding demurrage and detention automated tariff system, tariffs showing Consequently, the final rule does not practices, including dispute resolution all its rates, charges, classifications, incorporate any of the language options processes and billing procedures.332 The rule, and practices.’’ 341 The Act also Commission reasoned in the NPRM that requires that a tariff be ‘‘made available 322 WCMTOA at 7. ‘‘[t]he opacity of current practices electronically to any person . . . 323 AgTC at 6; NCBFAA at 8; NYNJFFF&BA at 6; encourages disputes and discourages through appropriate access from remote Int’l Fed. of Freight Forwarders Ass’ns at 4. competition over demurrage and locations.’’ 342 A marine terminal 324 See, e.g., WCMTOA at 6. detention charges,’’ and stated that 325 WCMTOA at 6 (‘‘Government inspections of 334 84 FR at 48853. containers are never caused by the terminal shippers, intermediaries, and agents 335 operator, and never relate to the MTO’s facility or ‘‘should be informed of who is being OCEMA at 6 (‘‘As noted in the NPRM, OCEMA operations.’’); id. at 7–8; NAWE at 16; OCEMA at charged, for what, by whom, and how has encouraged its members to publish their 5; PMSA at 9–10 demurrage and detention policies and related disputes can be addressed in a timely dispute resolution processes either directly or via 326 Mohawk Global Logistics at 6. fashion.’’ 333 link on the OCEMA website.’’). 327 E.g., Meat Import Council of Am. at 3 (‘‘All 336 84 FR at 48853. imported meat is subject to 100% inspection by the 337 U.S. Department of Agriculture . . .’’). 330 FF28 Letter at 2. 84 FR at 48853. 338 328 Int’l Ass’n of Movers at 2 (‘‘Delays are 331 84 FR at 48856. 84 FR at 48853–54. typically experienced because of a backlog or lack 332 Interim Report at 3 (noting that the record 339 OCEMA at 6; Int’l Fed. of Freight Forwarders of CBP manpower, required to be present during the supports consideration of the benefits of ‘‘[c]larity, Ass’ns at 5 (‘‘Policies should be transparent and intensive exams.’’). simplification, and accessibility regarding easily available on web pages which should be 329 WCMTOA at 7 (‘‘The proposals would impose demurrage and detention (a) billing practices and identified in the cargo notification.’’). a single approach to a complicated area involving (b) dispute resolution processes’’); id. at 2, 4, 10– 340 NAWE at 16–17; PMSA at 12–13; Ports a wide variety of inspections.’’); PMSA at 9 (‘‘It is 12; Final Report at 13 (‘‘The Phase Two meetings America 8–9; WSC at 17. difficult to mandate a single approach to also reinforced the value of making demurrage and 341 46 U.S.C. 40501(a)(1); see also 46 U.S.C. inspections because there are so many types of detention billing and dispute resolution policies 40501(b)(4) (requiring tariff to ‘‘state separately each inspections and inspection situations.’’); id. and practices more transparent and accessible to terminal or other charge . . . and any rules that in (describing VACIS/X-ray inspection, Radioactive cargo interest and truckers.’’); id. at 14–18, 29; FF28 any way change, affect, or determine any part of the Portal Monitor inspections, and tailgate Letter at 2. total of the rates or charges’’). inspections). 333 84 FR at 48853. 342 46 U.S.C. 40501(c).

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operator, may, but is not required to, and marine terminal operator schedules. the Commission may consider the ‘‘make available to the public a schedule They tend to be complicated and extent to which they contain of rates, regulations, and practices.’’ 343 difficult to navigate even for those in the information about points of contact, A schedule ‘‘made available is industry (let alone, say, household timeframes, and corroboration enforceable by an appropriate court as goods shippers or others less familiar requirements.351 The Commission an implied contract without proof of with international ocean shipping). explained that it may consider in actual knowledge of its provisions.’’ 344 Although section 41102(c) and this ascertaining reasonableness under Similarly, a shipper is presumed to have interpretive rulemaking might not be the section 41102(c) whether ocean carrier knowledge of tariff rules.345 The right vehicle for addressing these and marine terminal operator demurrage Commission’s regulations regarding concerns, the Commission may consider and detention dispute resolution tariffs and marine terminal schedules in an appropriate case whether an ocean policies ‘‘address things such as points are found in 46 CFR parts 520 and 525. carrier tariff is ‘‘clear and definite’’ as of contact for disputing charges; time According to these commenters, the required by 46 CFR 520.7(a)(1). The frames for raising disputes, responding Commission’s statement disfavoring Commission could also assess whether to cargo interests or truckers, and for demurrage and detention policies a tariff is adequately searchable.347 resolving disputes; and the types of buried in scattered sections in tariffs Moreover, the Commission is charged information and evidence relevant to and favoring policies in easily with interpreting what it means for a resolving demurrage or detention accessible websites is inconsistent with tariff to be kept ‘‘open to public disputes.’’ 352 Based on discussions with the above Shipping Act and inspection,’’ what it means for a tariff to stakeholders during all three phases of Commission provisions. ‘‘To the extent be ‘‘available electronically’’ through the Fact Finding Investigation, the the NPRM purports to add any ‘‘appropriate access,’’ and what it means Commission listed examples of requirements beyond those set forth in for a marine terminal schedule to be attributes of dispute resolution policies the statute and Part 525 of the ‘‘made available to the public.’’ that, while not required, would weigh regulations,’’ a commenter argues, ‘‘such The Commission is making two toward reasonableness.353 The 346 requirements would be unlawful.’’ minor, non-substantive changes to this Commission cited a best practices The Commission continues to believe paragraph of the rule. The first sentence proposal put forward by OCEMA as a that the ocean freight delivery system of the paragraph stated that the useful model for dispute resolution would benefit from ocean carriers and Commission may consider the existence policies.354 marine terminal operators making their and accessibility of demurrage and There was little substantive objection demurrage and detention policies detention policies. The final rule makes to this part of the rule.355 WSC protests available in easily accessible websites, explicit that the Commission’s analysis that the Commission did not in addition to their inclusion in ocean is not limited to those two factors and acknowledge the fact-specific nature of carrier tariffs and MTO schedules. And that it may also consider the content dispute resolution policies.356 But the the Commission notes that unlike ocean and clarity of any policies. That the Commission expressly acknowledged in carrier tariffs, marine terminal operator Commission would consider the content the NPRM that each regulated entity schedules are not required to be made of demurrage and detention policies would tailor its dispute resolution public. reflecting demurrage and detention policies to fit its own circumstances.357 But commenters’ points are well- practices is implicit in the rule—the taken, and the Commission would avoid proposed rule stated that the Further, the list of dispute resolution any interpretation of section 41102(c) Commission may consider certain policy characteristics in the NPRM is a that would be inconsistent with other aspects about dispute resolution common-sense list of ideas raised Shipping Act provisions or Commission policies, in other words, the content of during the Fact Finding Investigation. For example, during the third phase of regulations or that would subject those policies.348 As for clarity, the the investigation, shippers, regulated entities to incompatible Commission emphasized in the NPRM intermediaries, and truckers pointed out requirements. Consequently, to the the importance of shippers, that demurrage or detention waivers or extent the Commission considers the intermediaries, and truckers knowing free time extensions were often met ‘‘accessibility’’ of demurrage and what they are being charged for and by with a negative response without any detention policies under section whom.349 Adding the word ‘‘clarity’’ to 41102(c), the factor will not be the guidance is consistent with that construed or weighed such that emphasis, and appears 351 84 FR at 48856. 352 compliance with the minimum tariff 350 84 FR at 48854 (citing Interim Report at 14– unobjectionable. 17–18; Final Report at 7–8. 17–18). and schedule obligations under the K. Dispute Resolution Policies 353 84 FR at 48854 (citing favorably ‘‘step-by-step Shipping Act or the Commission’s instructions for disputing a charge, dedicated regulations would tend toward a finding The rule indicates that the dispute resolution staff at regulated entities, of unreasonableness. On the other hand, Commission is particularly interested in allowing priority appointments after successful demurrage and detention dispute dispute resolution or when a container is not providing additional accessibility above available; sufficient responses to cargo interests and beyond the minimum tariff and resolution policies, and consequently, request for free time extensions or waiver; processes schedule requirements would weigh in for elevating disputes after an initial response; and favor of a finding of reasonableness. 347 46 CFR 520.6. allowing a trucker to continue to do business with The Commission also remains 348 84 FR at 48856. Further, given the a regulated entity during the pendency of a dispute’’). concerned about the opacity of tariffs Commission’s ability to determine the reasonableness of demurrage and detention 354 84 FR at 48854. practices, it would also have the ability to assess the 355 In fact, the UIIA provides a default dispute 343 46 U.S.C. 40501(f). content of policies reflecting those practices. resolution process. UIIA H.1. 344 46 U.S.C. 40501(f). 349 84 FR at 48853; see also FF28 Letter at 2 356 WSC at 17 (‘‘In addition, the Commission does 345 Kraft Foods v. Moore McCormack Lines, 17 (noting that under the proposed interpretive rule, not acknowledge or address the fact-specific nature FMC 320, 323 n.4 (FMC 1974). the Commission could consider the ‘‘transparency of all dispute resolution policies, which are created 346 NAWE at 17; PMSA at 12 (‘‘[T]he Commission of demurrage and detention policies’’). by each individual carrier.’’). has no authority to require non-tariff publication of 350 OCEMA at 6 (‘‘OCEMA has long supported the 357 84 FR at 48854 (stating that OCEMA provided rates and charges, however desirable it might be notion of clarity and accessibility with regard to a useful model ‘‘which each regulated entity would from a customer service standpoint.’’). detention and demurrage practices.’’). tailor to fit its own circumstances’’).

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explanation or the ability to raise the The Commission recognizes the L. Billing 365 issue to higher level management. merits of most of these proposals, The rule text does not address ocean Shippers, intermediaries, and and when considering the totality of the carrier or marine terminal operator truckers, like WSC, would also like circumstances in a section 41102(c) case billing or invoicing practices. In the specific guidance on what sort of involving demurrage and detention, the NPRM, however, the Commission noted attributes dispute resolution policies inclusion of such proposals in ocean 358 that the ‘‘efficacy (and reasonableness) must have to pass muster. The former carrier and marine terminal operator of dispute resolution policies also suggest that the Commission should set dispute resolution policies would likely depends on demurrage and detention specific timeframes for dispute weigh in favor of reasonableness and 359 bills having enough information to resolution and billing, processes for against a violation. In fact, application allow cargo interests to meaningfully internal appeals of disputes within an of these proposals could likely reduce contest the charges.’’ 371 The ocean carrier or marine terminal the need for formal disputes and thereby Commission also pointed out that one operator,360 and points of contact with enhance operational efficiency.366 But 361 idea that could promote transparency actual authority to settle disputes. for the Commission to require specific and the alignment of stakeholder They also argue in favor of ocean dispute resolution policies to include interests was to tie billing relationships carriers and marine terminal operators them, or to conclusively state that the to ownership or control of the assets suspending charges during disputes absence of them makes a policy 372 362 that are the source of the charges. about those charges, allowing cargo unreasonable, is beyond the scope of Additionally, the Commission noted 363 367 to move freely during disputes, and this rulemaking. Accordingly, the that ocean carriers should bill their not ‘‘shutting out’’ truckers, Commission is retaining the language customers rather than imposing charges intermediaries, or consignees from about dispute resolution policies in the contractually-owed by cargo interests on doing business with an ocean carrier or final rule, with, as explained above, the third parties. marine terminal operator simply clarification that the Commission may The Commission received a number because a trucker, intermediary, or consider the content and clarity of of comments about billing and invoices. consignee is engaged in a dispute with demurrage and detention policies under There was little dispute that demurrage an ocean carrier or marine terminal section 41102(c).368 The Commission and detention bills should have enough 364 operator. further notes that the practice of information for those receiving the bills ‘‘shutting out’’ truckers, intermediaries, to assess their accuracy and validity.373 358 WSC at 17–18 (arguing that the Commission or consignees from ocean carrier There was significant comment, does not provide any guidance on what would systems or terminals not only appears to however, about the idea that demurrage render an appeals process sufficient). Some 369 shippers, intermediaries, and truckers would also impede efficient cargo movement, but and detention be billed based on who prefer more specific guidance in this regard raises potentially serious concerns owns the asset at issue. Under this 359 E.g., Am. Cotton Shippers Ass’n at 7; Int’l Fed. under other sections of the Shipping approach, ‘‘[o]cean carriers would bill of Freight Forwarders Ass’ns at 6; Best Transp. at Act.370 2; CVI Int’l at 2; EMO Trans Atlanta, GA USA at cargo interest directly for the use of 1; Mohawk Global Logistics at 8; Nat’l Indus. containers,’’ and ‘‘marine terminal Transp. League at 15; Shapiro at 2. access to the containers and continue doing operators would bill cargo interest business with a carrier even if there is a pending 360 VLM Foods USA Ltd. at 1; FedEx Trade directly for use of terminal land.’’ 374 Networks & Brokerage, Inc. at 2. dispute OR outstanding charges to their account.’’). 365 This idea was mentioned in both Fact 361 E.g., Florida Customs Brokers & Forwarders The idea that regulated entities should suspend charges pending a dispute or allow cargo 375 Ass’n at 1; Int’l Fed. of Freight Forwarders Ass’ns Finding No. 28 reports. to move freely runs up against the long-established at 5; VLM Foods USA Ltd. at 1. Although this billing model is not 362 lien law. Ocean carriers have maritime liens on E.g., Int’l Fed. of Freight Forwarders Ass’ns at cargo they transport. Petra Pet Inc. v. Panda included in the rule, and the 5 (noting that once a merchant pays an ocean Logistics, Ltd., FMC Case No. 11–14, 2012 FMC Commission did not suggest adopting it carrier, the carrier has ‘‘no motivation to look into LEXIS 33, at *43–*44 (ALJ Aug. 14, 2012), aff’d as part of the reasonableness analysis such disputes delaying related refunds 2013 FMC LEXIS 37, at *17–*18 (FMC Oct. 31, under section 41102(c),376 the unreasonably’’ and that a more reasonable practice 2013) (quoting Bernard & Weldcraft Welding Equip. would be to suspend payment of disputed charges v. Supertrans Int’l, Inc., 29 S.R.R. 1348, 1356 n.14 comments about this model are mostly pending resolution of the dispute); Mondelez Int’l (ALJ 2003)). A carrier loses the lien if it surrenders negative because most commenters at 2; Transp. Intermediaries Ass’n at 5. the cargo. Id. But in any case, the Commission preferred billing relationships tied to 363 E.g., NCBFAA at 16–17 (noting that ‘‘pay now/ would need to examine precisely the lien at issue. argue later’’ ‘‘uses coercion as a means to extract See Adenariwo v. BDP Int’l, FMC Case No. 1921(I), the entity with whom contractual 377 money from NVOCCs’’ and arguing that there 2014 FMC LEXIS 46, at *3 (FMC Feb. 20, 2014), relationships exist. Typically, the should be mechanism allowing for release of cargo vacated on other grounds Adenariwo v. Fed. Mar. to NVOCCS without requiring them to first pay Comm’n, 808 F.3d 73 (D.C. Cir. 2015); Petra Pet at carrier unreasonably refusing to deal or negotiate), disputed demurrage or detention charges); CV Int’l *43–*44. and 41106(3) (prohibition against marine terminal at 2; FedEx Trade Networks Transport & Brokerage 366 Some commenters suggested that demurrage operator refusing to deal or negotiate). Assessing the Inc. at 2; Container Port Group at 1; Transworld and detention disputes be subject to binding lawfulness of ‘‘lock out’’ practices, however, under Logistics & Shipping Services Inc. at 5; Mohawk arbitration. See NYNJFFF&BA (‘‘The NYNJFF&BA these provisions is beyond the scope of this Global Logistics at 10. would like to suggest that disputes that cannot be rulemaking. 364 E.g. AgTC (‘‘Many truckers own one truck, are easily solved between the parties be decided by 371 84 FR at 48854. binding decision of an impartial arbitrator. Perhaps immigrants in their first job in this country, may not 372 84 FR at 48854. have command of the English. They have no way more authority can be given to CADRS or parties 373 NCBFAA at 17 (‘‘For anyone to, first, to defend themselves from being locked out—its incorporate the use of arbitrators in their contracts understand and, second, contest disputed charges, bullying.’’); Mohawk Global Logistics (‘‘In the case and agreements.’’); Transworld Logistics & Shipping it must be clear what is being billed and by of detention charges billed and disputed after the Services Inc. at 5. whom.’’). fact, the terminals collecting on behalf of the 367 Part III.B.2, supra. 374 carriers will frequently shut out truckers from 368 See Part.III.J, supra. 84 FR at 48854. 375 access to their terminals when coming to pick up 369 NYNJFFF&BA at 7 (explaining that locking out Interim Report at 18; Final Report at 26 n.26. another unrelated container, again compelling an intermediary can affect cargo of unrelated 376 The Commission did not, as OCEMA insists, payment before resolution.’’); NYNJFFF&BA at 7 shipments handled by that intermediary and ‘‘when ‘‘propose[ ] to limit billing practices by function (‘‘What is most important is that it should be carriers threaten to cutoff truckers from picking up such that terminal would bill solely for land use considered unreasonable for a carrier to freeze all any containers for any of their customers all and ocean carriers would bill for equipment use.’’ activity with the cargo owner or its subcontractors shippers are affected when detention is not paid for OCEMA at 7. such as truckers and OTIS when there is a dispute one of them due to a dispute’’). 377 See, e.g., Best Transp. At 2; Nat’l Indus. on one shipment.’’); VLM Foods Inc. at 1, 370 See 46 U.S.C. 41104(a)(3) (prohibition against Transp. League at 16; Nat’l Retail Fed. at 2; (‘‘Truckers and consignees should be able to obtain carrier retaliation), 41104(a)(10) (prohibition against Continued

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commenters point out, there is no direct UIIA.382 It also argues that ocean The regulated entity and the customer commercial mechanism for shippers to carriers define the term ‘‘merchant’’ in have negotiated credit arrangements; 387 negotiate demurrage provisions directly their bill of lading too broadly, resulting or (b) when the charges are disputed. with marine terminal operators, since in parties being billed for demurrage As to billing and invoice timeframes, shippers contract instead directly with and detention ‘‘regardless of whether the Commission believes that having ocean carriers.378 And few shippers or they are truly in control of the cargo time frames and abiding by them would intermediaries want to receive separate when the charges were incurred.’’ be a positive development. It is beyond invoices from ocean carriers and marine To clarify, the Commission’s goal in the scope of this guidance, though, for terminal operators.379 Marine terminal the NPRM was to emphasize the the Commission to decide what those operators and ocean carriers also prefer importance of ocean carriers and marine timeframes should be.388 Similarly, in that billing be tied to contractual terminal operator bills aligning with the abstract, it is not immediately clear relationships.380 In light of these contractual responsibilities.383 This why an ocean carrier or marine terminal comments, the Commission does not does not mean, however, that every operator would require payment of intend to consider the use or nonuse of billing mistake is a section 41102(c) demurrage before releasing cargo if there this billing model in determining the violation. Section 41102(c) applies to is a credit arrangement involved. But reasonableness of demurrage and acts or omissions that occur on a specific situations may not so simple. detention policies. normal, customary, and continuous As noted above, ocean carriers have The Commission’s emphasis in the basis.384 Further, billing mistakes can liens on cargo that they can lose if they NPRM that ocean carriers bill the presumably be addressed under contract surrender the cargo.389 correct party reflected concerns raised law or other legal theories.385 While the Commission does not by truckers that they were being As for the arguments that ocean believe it is appropriate in this required to pay charges that were more carriers’ billing practices are interpretive rule to prescribe appropriately charged to others. unreasonable because carrier bills of timeframes, let alone specific ones, or Commenters reiterate these concerns. lading, tariffs, service contracts, or the mandate that ocean carriers or marine AgTC contends that ‘‘carriers should UIIA assigns responsibility for charges terminal operators release cargo prior to impose detention and/or demurrage on to the wrong parties, the Commission payment when credit arrangements are the actual exporter or importer customer believes that whatever the merit of these involved, the Commission may address with whom the carrier has a contractual arguments, they are better addressed in such issues in the context of particular relationship.’’ 381 In contrast, the New the context of specific fact patterns facts, considering all relevant York New Jersey Foreign Freight rather than in this interpretive rule, the arguments. To reflect this, the Forwarders & Brokers Association and purpose of which is to provide general Commission is including a reference to others assert that truckers should be guidance about how the Commission demurrage and detention billing accountable for detention under the will apply section 41102(c). Likewise, practices and regulations in the final shippers, intermediaries, and truckers rule. NYNJFFF&BA at 10–11; Harbor Trucking Ass’n at identify ocean carrier and marine 2; NAWE at 20. But see Int’l Fed. of Freight M. Guidance on Evidence Forwarders Ass’ns at a 6 (‘‘Shipping lines should terminal operator practices that they The rule paragraph on demurrage and only charge to the merchant for the demurrage of believe raise reasonableness issues. their containers. The terminals should charge the detention policies mentions These commenters urge the Commission ‘‘corroboration requirements’’ because merchant directly for the space used in their to require, or address in the rule: terminals.’’); NCBFAA at 17–18 (advocating for the Fact Finding record demonstrated • Billing timeframes. Many billing tied to party having ownership or control of that the international ocean freight assets as it ‘‘allows for greater transparency, commenters assert that ocean carriers delivery system would benefit from consistency, prevents double billing, and eliminate and marine terminal operators should ‘‘[e]xplicit guidance regarding the types confusion as to who and what the charges are for’’). issue demurrage or detention bills or 378 Nat’l Indus. Transp. League at 16; see also of evidence relevant to resolving invoices within specified timeframes.386 Nat’l Retail Fed. at 2 (‘‘Instead, we endorse the demurrage and detention disputes.’’ 390 • Advance payment of charges. view, espoused by Coalition for Fair Port practices In the NPRM, the Commission stated that disputes over detention and demurrage should Several commenters suggest that it is that ‘‘[d]ispute resolution policies that [be] between the ocean carrier and the BCO, simply unreasonable for ocean carriers or because the commercial relationship exists only lack guidance about the types of marine terminal operators to require between the BCO and the ocean carrier.’’). evidence relevant to resolving 379 E.g., Int’l Logistics, Inc at 2; Am. Coffee Corp. advance payment of charges before at 3. cargo is released, especially when: (a) 387 See, e.g., The Evans Network of Companies at 380 NAWE at 20; Pac. Merchant Shipping Ass’n at 1 (asserting that there is ‘‘no need for advance 13–15; WSC at 17 (‘‘The Commission’s 382 NTNJFFF&BA at 9 (‘‘Where detention is interpretation of reasonable billing practices would payment of all charges here credit has been agreed concerned the steamship lines routinely have require separate invoices by MTOs and carriers.’’). to between the shipper and ocean carrier’’ and that ignored the [UIIA], which holds the trucker ‘‘pre-payment should not apply to disputed 381 AgTC at 7; see also IMC Companies (‘‘In turn, accountable for the charges incurred when charges’’); FedEx Trade Networks Transport & ocean carriers on carrier haulage should bill their equipment is not returned on time.’’); see also Brokerage Inc. (‘‘[W]e feel that it is essential that shippers for detention/per diem directly given PMSA at 13 (‘‘Specifically, equipment charges cargoes not be ‘Held Hostage’ for the immediate motor carriers are not party to the service contract. (detention or per diem) are generally assessed payment of demurrage or detention charges.’’); Motor carriers are also not party to service contract against motor carriers, not cargo interests, under the Retail Indus. Leaders Ass’n at (‘‘Similarly, where exceptions on merchant haulage moves, and provisions of the [UIIA].’’). shippers and carriers have agreed to credit terms as therefore any exceptions under service contract 383 84 FR at 48854. a part of an existing, contracted business should require billing by ocean carrier directly to 384 their shipper.’’); J. Peter Hinge (‘‘Therefore, it must 46 CFR 545.4(b). relationship, there is no basis for requiring advance be made crystal clear also in the context of the 385 See, e.g., 83 FR 64479 (‘‘Matters that may payment of all charges prior to release of cargo’’). Commission’s findings that when you say ‘Ocean previously have been brought under section 388 See Part III.B.2, supra. The Commission notes, carriers would bill cargo interests directly for use 41102(c) however, can still find resolution in other however, that the standard UIIA agreement requires of containers,’ the ‘cargo interest’ is the consignee provisions or regulations of the Shipping Act or be equipment providers to invoice motor carriers for on the Ocean carrier’s B/L as opposed to truckers adjudicated as matters of contract law, agency law, ‘‘Per Diem, Container Use, Chassis Use/Rental and/ and ultimate consignees on an NVOCC B/L.’’); or admiralty law.’’). or Storage Ocean Demurrage charges within sixty Mondelez Int’l at 2 (‘‘The long-established rule of 386 See, e.g., Crane Worldwide Logistics (suggests (60) days from the date on which the Equipment terminals and carriers billing the truckers for a ‘‘defined invoicing period’’); Int’l Fed. of Freight was returned.’’ UIIA § E.6(c). demurrage and detention (per diem) is a Forwarders Ass’ns at 6; Mohawk Global Logistics at 389 See supra note 365. hardship.’’). 8; Shapiro at 2. 390 Final Report at 17–18.

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demurrage and detention disputes, are informal dispute resolution among reasonableness analysis: (a) Whether a likely to fall on the unreasonable end of ocean carriers, marine terminal regulated entity has defined the material the spectrum.’’ 391 The Commission then operators, shippers, intermediaries, and terms of the demurrage or detention listed examples of ideas proposed by truckers, in the form of requests for free practice at issue; (b) whether and how shippers and truckers that could be time extensions or waiver of charges.398 those definitions are made available to incorporated into dispute resolution The Commission was not referring to cargo interests, truckers, and the public; policies. The Commission noted that the who should bear the burden of and (c) how those definitions differ from OCEMA best practices proposal producing evidence in a lawsuit in court a regulated entity’s past use of the expressly contemplates that member or a Shipping Act action before the terms, how the terms are used elsewhere dispute resolution policies include such Commission.399 in the port at issue, and how the terms guidance.392 The Commission’s point was that are used in the U.S. trade.402 Most of the comments about this disputes about demurrage and detention The Commission also supported aspect of the rule reflect disagreement might be resolved more efficiently if a defining demurrage and detention in about who should bear the burden of shipper or trucker knows in advance terms of what asset is the source of the providing evidence relevant to what type of documentation or other charge (land or container) as opposed to demurrage and detention issues. WSC evidence an ocean carrier or marine the location of a container (inside or contends that the Commission’s terminal operator needs to see to grant outside a terminal). The Commission statements in the NPRM ‘‘would require a free time extension or waiver. If an discouraged use of terms such as carriers to supply truckers with ocean carrier or marine terminal ‘‘storage’’ and ‘‘per diem’’ as synonyms evidence that truckers possess in several operator provides things like trouble for demurrage and detention because circumstances.’’ 393 Rather, the tickets or log records to its customers or these terms add additional complexity Commission stated that ‘‘[p]roviding their agents, so much the better. Dispute and are apparently inconsistent with truckers with evidence substantiating resolution policies that contain international practice.403 trucker attempts to retrieve cargo that guidelines on corroboration will weigh Shippers, intermediary, and trucker are thwarted when the cargo is not favorably in the totality of the commenters strongly support the rule’s available’’ is an idea that, if reasonableness analysis. It would seem emphasis on clear language.404 And implemented by an ocean carrier or to be in the best interests of ocean those who otherwise opposed the marine terminal operator, would weigh carriers and marine terminal operators Commission’s rule did not object to the favorably in a reasonableness to provide this sort of guidance and to principle that the definitions of terms analysis.394 By listing examples of ideas avoid imposing onerous evidentiary used in demurrage and detention that would weigh favorably—ideas requirements on their customers, as practices should be clear.405 To better suggested by shippers and truckers—the legitimate disputes that do not get reflect this emphasis on clarity, the Commission was not mandating a resolved informally can lead to formal Commission is including the term specific practice. action in the form of Shipping Act ‘‘clearly’’ in paragraph (e) of the final In contrast, other commenters assert claims or calls for additional rule. that shippers and truckers should not Commission regulation. Moreover, no commenters object to have to prove that they do not owe N. Transparent Terminology the notion that regulated entities should demurrage and detention, rather ‘‘[t]he define material terms like ‘‘demurrage’’ entity billing the fees should prove they Paragraph (e) of the proposed rule and ‘‘detention.’’ 406 As NCBFAA points are owed, as it is with any other states that the Commission may out, if shippers do not know what a business on Earth.’’ 395 Another consider in the reasonableness analysis charge means, they cannot ‘‘ascertain commenter points out it would be the extent to which regulated entities the nature of the charge and if it is helpful if truckers have geo-fencing data have defined the terms used in justified.’’ 407 There are no substantive available to demonstrate attempts (and demurrage and detention practices and comments on the ‘‘accessibility’’ portion wait times) to retrieve cargo and log regulations, the accessibility of of this paragraph. The focus on records of attempts to make definitions, and the extent to which the accessibility, however, runs into some appointments.396 definitions differ from how the terms of the same issues addressed above When the Commission discussed are used in other contexts.400 The regarding the accessibility of demurrage ‘‘corroboration requirements’’ in Commission started with the basic and detention policies: existing demurrage and detention dispute principle that for demurrage and statutory and regulatory provisions resolution policies, and ‘‘guidance about detention practices to be just and regarding the publication and contents the types of evidence relevant to reasonable, it must be clear what the of common carrier tariffs and marine resolving demurrage and detention relevant terminology means.401 disputes,’’ 397 it was referring to Consequently, as the Commission 402 84 FR at 48854. explained, it would consider in the 403 84 FR at 48854. 391 84 FR at 48854. 404 See, e.g., Am. Cotton Shippers Ass’n; Harbor 392 84 FR at 48854. 398 See Final Report at 17 (‘‘The Phase Two Trucking Ass’n; NCBFAA; Retail Industry Leaders 393 WSC at 18. respondents generally agreed that cargo interests Ass’n. 394 84 FR at 48854. seeking a demurrage waiver or free time extension 405 NAWE at 18; OCEMA at 6. 395 Nat’l Retail Fed. at 3 (noting it ‘‘continue[d] should substantiate their arguments with 406 Additionally, ocean common carrier tariffs to be concerned that MTOs and carriers may corroborating documentation and that having must contain all ‘‘rates, charges, classifications, develop transparent policies that place the guidelines could resolve disputes more rules, and practices between all points or ports on evidentiary onus on cargo interests,’’ and arguing efficiently.’’). its own route and on any through transportation that ‘‘MTOs and carriers should have an obligation 399 The UIIA, for instance, requires equipment route that has been established.’’ 46 U.S.C. to provide information in instances where a BCO providers to provide truckers documentation 40501(a); see also 46 CFR 520.4 (requiring tariffs to or its agent attempts to make an appointment but reasonably necessary to support invoices, whereas state ‘‘separately each terminal or other charge, is unable to, or where truckers arrive at the terminal in other situations the UIIA requires the trucker to privilege, or facility under the control of the carrier only to discover that cargo is not available’’); A.N. provide documentation supporting a claim. UIIA or conference and any rules or regulations that in Deringer Inc. at 1; Green Coffee Ass’n. § E.6(d), (e). any way change, affect, or determine any part of the 396 John S. Connor Global Logistics at 6. 400 84 FR at 48856. aggregate of the rates or charges). 397 84 FR at 48854. 401 84 FR at 48854. 407 NCBFAA at 18.

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terminal operator schedules.408 indicates a Commission preference for regard is intended to provide advance Consequently, to the extent the uniformity over competition; could notice that if ocean carriers or marine Commission considers the increase risk that regulated entities terminal operators use terms that are ‘‘accessibility’’ of demurrage and could be accused by the Department of unclear, or use terms inconsistently, and detention definitions under section Justice or private plaintiffs of engaging as a consequence confuse or mislead 41102(c), the factor will not be in concerted activity; and would ‘‘add to shippers, intermediaries, or truckers, the construed or weighed such that confusion within the industry by Commission may take that into account minimum compliance with the requiring ocean carriers to abandon as part of the reasonableness analysis applicable tariff and schedule familiar, existing terminology in favor of under section 41102(c). Although the requirements would tend toward a some undefined standard.’’ 412 Commission believes that consistent finding of unreasonableness. On the Despite these criticisms, the demurrage and detention language other hand, providing additional Commission is not deleting this portion would be beneficial, and encourages it, accessibility of such definitions above of the rule. The NPRM merely proposed the rule should not be construed to and beyond the requirements will be that one factor that the Commission may mandate it.414 viewed favorably in any reasonableness consider in combination with other O. Carrier Haulage analysis. factors in the reasonableness analysis is The most commented upon aspect of how terms are used in light of how they Finally, it is worth highlighting the rule regarding terminology was the are used elsewhere. The Commission, comments about ‘‘carrier haulage,’’ clause stating that the Commission by issuing this guidance, is not because, while not specifically the would consider in the reasonableness requiring regulated entities to change subject of the Commission’s rule, the analysis the ‘‘extent to which the their current terminology, and the topic was mentioned by several definitions differ from how the terms primary consideration when it comes to commenters. In a carrier haulage are used in other contexts,’’ i.e., how the the clarity of terminology would be the arrangement, also referred to as ‘‘store definitions differ from a regulated definitional documents themselves. door’’ delivery or a ‘‘door move’’ or entity’s past use of the terms, how the Moreover, this guidance does not mean ‘‘door-to-door’’ transportation, the ocean terms are used elsewhere in the port at that the Commission would find a carrier is responsible for arranging issue, and how the terms are used in the section 41102(c) violation simply transport of a container from the U.S. trade. The rationale was that the because an ocean carrier or marine terminal to another location, such as a more a regulated entity’s definitions of terminal operator changed its consignee warehouse. In other words, demurrage and detention differ from terminology. The Commission is the ocean carrier provides drayage how it had used the terms and how the capable of distinguishing between a trucking.415 In contrast, in a ‘‘merchant terms were used in the industry, the regulated entity simply changing its haulage’’ arrangement, also known as more important it was for the regulated terminology, which would in most cases CY (container yard) or port-to-port entity to ensure that the definitions would not raise any issues, and a transportation, the shipper makes the were clear. Further, considering how the regulated entity using its own trucking arrangements.416 terms were used elsewhere would terminology inconsistently. Likewise, Some commenters argue that ocean encourage consistent demurrage and regulated entities are free to use carriers should not be able to charge detention terminology, which was in terminology that differs from that used shippers demurrage or detention on line with the Fact Finding Officer’s in a particular port or the U.S. trade carrier haulage moves because in those finding that standardized demurrage generally, so long as they make it clear situations the ocean carrier, not the and detention language would benefit what the terms mean. While the shipper or consignee, is responsible for the freight delivery system.409 commenters do not explain how ensuring that containers are timely In their comments, shippers, operational differences between, say, retrieved from the terminal and intermediaries, and truckers largely marine terminal operators, would result delivered to the appropriate location.417 support consistent or standardized in different definitions of demurrage demurrage and detention and detention, the proposed guidance 414 The Commission in the NPRM supported terminology.410 Ocean carrier and does not mean that the Commission certain definitions of ‘‘demurrage’’ and ‘‘detention’’ marine terminal operator commenters, and discouraged other terms such as storage or per would ignore such differences if raised diem. Although some commenters support the however, object to the Commission in a case. Commission’s definitions, others did not. Moreover, considering in the reasonableness As for the competitive concerns, the one commenter noted that some ocean carriers use analysis how terms were used in the Fact Finding Officer’s reports indeed alternative terms such as ‘‘storage’’ or ‘‘per diem’’ past and elsewhere in a port or U.S. indicate a preference for standardized or to distinguish these charges from terminal 411 demurrage. OCEMA at 6. While the Commission trade. They argue that the consistent demurrage and detention believes that, based on the Fact Finding Commission should assess the terminology, stating that it would Investigation, the definitions it suggested have transparency of terminology based on benefit the industry and American merit, and that terms like storage and per diem the face of demurrage and detention economy.413 The Commission finds could potentially cause confusion, use or nonuse of those definitions would not affect the documents, and that the rule would unpersuasive the claim that ocean reasonableness analysis. chill innovation or improvements in carriers and marine terminal operators 415 FMC Congestion Report at 9, 18. technology; ignores differences between compete on the basis of the demurrage 416 Id. at 9, 18. carriers and marine terminal operators and detention terminology they use, and 417 Mohawk Global Logistics at 9; Samaritans Int’l that result in different terminology; these commenters provide no support of Waxhaw (‘‘Many times the freight line is in control of door to door delivery, by lack of for the contention that they are at risk coordination container are not moved in a timely 408 See Part III.J, supra. of antitrust prosecution or litigation due fashion, Once again they charge us demurrage for 409 Final Report at 3, 30, 32. to their choice of terminology. their lack of efficiency.’’); W. Overseas Corp. at 410 E.g., Am. Coffee Corp.; Green Coffee Ass’n; At the end of the day, the (describing situation in which ocean carrier was Am. Cotton Shipper’s Ass’n; Harbor Trucking Commission’s proposed guidance in this unable to find a trucker on a door move resulting Ass’n; IMC Companies; Meat Import Council of in imposition of demurrage on importer because the America; Nat’l Indus. Transp. League; carrier ‘‘had a provision in their tariff that allowed NYNJFFF&BA; Retail Indus. Leaders Ass’n. 412 OCEMA at 6; see also NAWE at 19. this to happen’’ and arguing that ‘‘[t]he whole point 411 NAWE at 18–20; OCEMA at 6; WSC at 17. 413 Interim Report at 17; Final Report at 32. in making these books a door move was’’ so that

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As one commenter maintained: ‘‘Of late the ability of United States-based Executive Order 12988 (Civil Justice carriers have started billing importers companies to compete with foreign- Reform) for truck capacity issues at gateway based companies. 5 U.S.C. 804(2). This rule meets the applicable ports (on carrier door moves) which, Regulatory Flexibility Act standards in E.O. 12988 titled, ‘‘Civil should immediately stop as the carrier Justice Reform,’’ to minimize litigation, is obliged to honor the terms of the The Regulatory Flexibility Act 418 eliminate ambiguity, and reduce ‘door bill of lading.’ ’’ In contrast, (codified as amended at 5 U.S.C. 601– burden. truckers argue that ‘‘ocean carriers on 612) provides that whenever an agency carrier haulage should bill their promulgates a final rule after being Regulation Identifier Number shippers directly given motor carriers required to publish a notice of proposed The Commission assigns a regulation are not party to the [service] rulemaking under the Administrative identifier number (RIN) to each 419 contract.’’ Procedure Act (APA) (5 U.S.C. 553), the regulatory action listed in the Unified Also of interest is the comment that agency must prepare and make available Agenda of Federal Regulatory and ‘‘[d]uring recent terminal congestion, for public comment a final regulatory Deregulatory Actions (Unified Agenda). reports indicated that shipping lines flexibility analysis (FRFA) describing The Regulatory Information Service charged demurrage to merchants who the impact of the rule on small entities. Center publishes the Unified Agenda in arranged the transport in merchant 5 U.S.C. 604. An agency is not required April and October of each year. You haulage but waived the charges for to publish a FRFA, however, for the may use the RIN contained in the merchants for whom they arranged the following types of rules, which are heading at the beginning of this 420 transport in carrier haulage.’’ The excluded from the APA’s notice-and- document to find this action in the commenter asserts that when arranging comment requirement: interpretive Unified Agenda, available at http:// haulage, ocean carriers in carrier rules; general statements of policy; rules www.reginfo.gov/public/do/ haulage are competing with entities of agency organization, procedure, or eAgendaMain. such as ocean transportation practice; and rules for which the agency 421 List of Subjects in 46 CFR Part 545 intermediaries. Because, the for good cause finds that notice and commenter asserted, markets are less comment is impracticable, unnecessary, Antitrust, Exports, Freight forwarders, efficient when entities have the power or contrary to public interest. See 5 Maritime carriers, Non-vessel-operating to levy unreasonable charges on their U.S.C. 553(b). common carriers, Ocean transportation competitors, the Commission’s guidance Although the Commission elected to intermediaries, Licensing requirements, should make clear that ‘‘containers in Financial responsibility requirements, merchant haulage and carriers haulage seek public comment, the rule is an interpretive rule. Therefore, the APA Reporting and recordkeeping be treated alike.’’ 422 requirements. Although the rule does not address did not require publication of a notice these specific situations, the of proposed rulemaking in this instance, For the reasons set forth in the Commission has concerns about them, and the Commission is not required to preamble, the Federal Maritime especially charging shippers demurrage prepare a FRFA. Commission amends 46 CFR part 545 as follows: on carrier haulage moves, under section National Environmental Policy Act 41102(c) and will closely scrutinize PART 545–INTERPRETATIONS AND them in an appropriate case. The Commission’s regulations STATEMENTS OF POLICY Additionally, insofar as ocean carriers categorically exclude certain are not fulfilling contractual obligations, rulemakings from any requirement to ■ 1. The authority citation for part 545 shippers may have additional prepare an environmental assessment or continues to read as follows: remedies.423 an environmental impact statement Authority: 5 U.S.C. 553; 46 U.S.C. 305, because they do not increase or decrease IV. Rulemaking Analyses 40307, 40501–40503, 41101–41106, and air, water or noise pollution or the use 40901–40904; 46 CFR 515.23. Congressional Review Act of fossil fuels, recyclables, or energy. 46 ■ 2. Add § 545.5 to read as follows: The rule is not a ‘‘major rule’’ as CFR 504.4. This rule regarding the defined by the Congressional Review Commission’s interpretation of 46 § 545.5 Interpretation of Shipping Act of Act, codified at 5 U.S.C. 801 et seq. The U.S.C. 41102(c) falls within the 1984—Unjust and unreasonable practices rule will not result in: (1) An annual categorical exclusion for investigatory with respect to demurrage and detention. effect on the economy of $100,000,000 and adjudicatory proceedings, the (a) Purpose. The purpose of this rule or more; (2) a major increase in costs or purpose of which is to ascertain past is to provide guidance about how the prices; or (3) significant adverse effects violations of the Shipping Act of 1984. Commission will interpret 46 U.S.C. on competition, employment, 46 CFR 504.4(a)(22). Therefore, no 41102(c) and § 545.4(d) in the context of investment, productivity, innovation, or environmental assessment or demurrage and detention. environmental impact statement is (b) Applicability and scope. This rule the ocean carrier would make the delivery required. applies to practices and regulations arrangements’’). Paperwork Reduction Act relating to demurrage and detention for 418 Transworld Logistics & Shipping Servs. Inc. at containerized cargo. For purposes of 4. 419 Harbor Trucking Ass’n at 2. It is possible that The Paperwork Reduction Act of 1995 this rule, the terms demurrage and those comments can be reconciled, if the former is (44 U.S.C. 3501–3521) (PRA) requires an detention encompass any charges, referring to demurrage and the latter, detention. agency to seek and receive approval including ‘‘per diem,’’ assessed by 420 Int’l Fed. of Freight Forwarders Ass’ns at 7. from the Office of Management and ocean common carriers, marine terminal 421 Id. Budget (OMB) before collecting operators, or ocean transportation 422 Id. information from the public. 44 U.S.C. intermediaries (‘‘regulated entities’’) 423 See 83 FR at 64479 (noting that shippers may have remedies outside the Shipping Act for some 3507. This rule does not contain any related to the use of marine terminal complaints, under principles of contract law, collections of information as defined by space (e.g., land) or shipping containers, agency law, or admiralty law). 44 U.S.C. 3502(3) and 5 CFR 1320.3(c). not including freight charges.

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(c) Incentive principle—(1) General. (f) Non-Preclusion. Nothing in this ACTION: Final rule. In assessing the reasonableness of rule precludes the Commission from demurrage and detention practices and considering factors, arguments, and SUMMARY: NMFS issues regulations regulations, the Commission will evidence in addition to those under the Tuna Conventions Act to consider the extent to which demurrage specifically listed in this rule. implement three Resolutions adopted by the Inter-American Tropical Tuna and detention are serving their intended By the Commission. Commission (IATTC) in 2018 and 2019: primary purposes as financial incentives Rachel Dickon, to promote freight fluidity. Resolution C–19–01 (Amendment to Secretary. (2) Particular applications of Resolution C–18–05 on the Collection incentive principle—(i) Cargo [FR Doc. 2020–09370 Filed 5–15–20; 8:45 am] and Analyses of Data on Fish- availability. The Commission may BILLING CODE 6730–02–P Aggregating Devices); Resolution C–19– consider in the reasonableness analysis 05 (Amendment to the Resolution C–16– the extent to which demurrage practices 06 Conservation Measures for Shark and regulations relate demurrage or free DEPARTMENT OF DEFENSE Species, with Special Emphasis on the time to cargo availability for retrieval. Silky Shark (Carcharhinus falciformis), GENERAL SERVICES (ii) Empty container return. Absent for the Years 2020 and 2021); and ADMINISTRATION extenuating circumstances, practices Resolution C–18–07 (Resolution on and regulations that provide for Improving Observer Safety at Sea: NATIONAL AERONAUTICS AND imposition of detention when it does Emergency Action Plan). NMFS also SPACE ADMINISTRATION not serve its incentivizing purposes, issues regulations under the Marine such as when empty containers cannot Mammal Protection Act to implement a 48 CFR Parts 1, 5, 8, 9, 12, 13, 15, 19, be returned, are likely to be found Resolution adopted by parties to the 22, 25, 30, 50, and 52 unreasonable. Agreement on the International Dolphin (iii) Notice of cargo availability. In [FAC 2020–06; FAR Case 2018–007; Item Conservation Program (AIDCP): assessing the reasonableness of II; Docket No. FAR–2018–0007; Sequence Resolution A–18–03 (On Improving demurrage practices and regulations, the No. 1] Observer Safety At Sea: Emergency Commission may consider whether and RIN 9000–AN67 Action Plan). This final rule is necessary how regulated entities provide notice to for the United States to satisfy its cargo interests that cargo is available for Federal Acquisition Regulation: obligations as a member of the IATTC retrieval. The Commission may consider Applicability of Inflation Adjustments and Party to the AIDCP. the type of notice, to whom notice is of Acquisition-Related Thresholds DATES: The amendment to § 300.27(e) is provided, the format of notice, method effective June 17, 2020, and the Correction of distribution of notice, the timing of remaining amendments are delayed. notice, and the effect of the notice. In rule document 2020–07109 NMFS will publish a document in the (iv) Government inspections. In appearing on pages 27088–27097 in the Federal Register announcing the assessing the reasonableness of issue of May 6, 2020, make the effective date. following correction: demurrage and detention practices in ADDRESSES: Copies of supporting the context of government inspections, 52.212–5 [Corrected] documents are available via the Federal the Commission may consider the eRulemaking Portal: http:// extent to which demurrage and ■ On page 27092, in the third column, Instruction 40 e. for 52.212–5, should www.regulations.gov, docket NOAA– detention are serving their intended NMFS–2019–0149, or contact Rachael purposes and may also consider any read as set forth below: ■ Wadsworth, NMFS WCR SFD, 7600 extenuating circumstances. e. Revising paragraphs (e)(1)(viii) through (x) and the first sentence of Sand Point Way NE, Building 1, Seattle, (d) Demurrage and detention policies. WA 98115, or [email protected]. The Commission may consider in the paragraph (e)(1)(xxi); and reasonableness analysis the existence, [FR Doc. C1–2020–07109 Filed 5–15–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: accessibility, content, and clarity of BILLING CODE 1301–00–D Rachael Wadsworth, NMFS at 562–980– policies implementing demurrage and 4036. detention practices and regulations, SUPPLEMENTARY INFORMATION: including dispute resolution policies DEPARTMENT OF COMMERCE Background and practices and regulations regarding demurrage and detention billing. In National Oceanic and Atmospheric On January 24, 2020, NMFS assessing dispute resolution policies, Administration published the proposed rule in the the Commission may further consider Federal Register (85 FR 4250) to the extent to which they contain 50 CFR Parts 216 and 300 implement provisions of three IATTC information about points of contact, [Docket No. 200511–0133] Resolutions and one AIDCP Resolution timeframes, and corroboration on silky shark, data collection for fish requirements. RIN 0648–BJ23 aggregating devices (FADs), and (e) Transparent terminology. The International Fisheries; Pacific Tuna observer safety. The proposed rule Commission may consider in the Fisheries; Fishing Restrictions for contains additional background reasonableness analysis the extent to Silky Shark, Fish Aggregating Devices, information, including information on which regulated entities have clearly and Observer Safety in the Eastern the IATTC, AIDCP, and Convention defined the terms used in demurrage Pacific Ocean Areas; the international obligations of and detention practices and regulations, the United States as an IATTC member the accessibility of definitions, and the AGENCY: National Marine Fisheries and Party to the AIDCP; and the need extent to which the definitions differ Service (NMFS), National Oceanic and for these regulations. The 30-day public from how the terms are used in other Atmospheric Administration (NOAA), comment period for the proposed rule contexts. Commerce. closed on February 24, 2020.

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This final rule is implemented under Because U.S. longline vessels fishing Observer Safety the Tuna Conventions Act (16 U.S.C. in the IATTC Convention Area do not This final rule implements provisions 951 et seq.) and the Marine Mammal target, and infrequently catch, silky of Resolutions C–18–07 and A–18–03 to Protection Act (16 U.S.C. 1361 et seq.). sharks, a retention ban for longline strengthen protections for observers in This rule applies to U.S. commercial vessels would not impact current longline and transshipment observer fishing vessels that fish for tuna or tuna- fishing practices. Data from 2008 to programs required by the IATTC and on like species in the IATTC Convention 2015 indicate that virtually all purse seine vessels required by the Area. The IATTC Convention Area is incidentally caught silky sharks in the AIDCP. Most of the requirements in defined as waters of the eastern Pacific IATTC Convention Area were released these Resolutions are already required Ocean (EPO) within the area bounded by U.S. longline vessels, and almost all by procedures implemented by the U.S. by the west coast of the Americas and were released alive. In addition, such a Coast Guard (USCG) in its marine by 50° N. latitude, 150° W. longitude, prohibition in the eastern Pacific Ocean casualty regulations at 46 CFR part 4. and 50° S. latitude. would be consistent with U.S. This rule is intended to fill the gaps Because the preamble of the proposed regulations in the western Pacific between the existing USCG procedures rule contained detailed information on Ocean. Since 2015, U.S. vessels fishing and these Resolutions. There are two the Resolutions, this final rule will in the western and central Pacific Ocean categories of observer safety incidents briefly summarize these Resolutions and have been subject to a prohibition on (serious illness and harassment) that are include more detail on the new the retention on board, transshipping, specified in the IATTC and AIDCP regulations. storing, or landing any part or whole decisions and are not included in USCG carcass of a silky shark that is caught in New Regulations marine casualty regulations. Regulations the Western and Central Pacific The new regulations implemented in Fisheries Commission Convention Area for situations involving serious illness the final rule as related to FAD data (50 CFR 300.226). and harassment are described below. reporting, silky sharks, and observer Per Resolution C–19–05, the final rule Per the Resolutions, this final rule safety are described below. also increases flexibility for retention of includes requirements for vessel owners and operators to contact observer FAD Data Collection silky shark on purse seine vessels that are not seen during fishing operations providers and appropriate government Per Resolution C–19–01, this rule and are delivered into the vessel hold. contacts in cases of serious illness, revises existing regulations for FAD data Since January 2017, the IATTC assault, intimidation, threats, collection requirements to remove the Resolution and U.S. regulations have interference, or harassment of observers. reporting requirements for captains of prohibited retention of silky shark on NMFS notes that some of these purse seine vessels fishing on FADs that purse seine vessels caught in the IATTC incidents lead to civil rather than have observers onboard. Because IATTC Convention Area. This rule allows for criminal proceedings and can even observers are now collecting all of the exemptions in the case of any silky involve circumstances that do not create information previously required on the shark that is not seen during fishing emergency situations needing a specific FAD data collection form, the IATTC operations and is delivered into the or immediate response from the U.S. removed this requirement for captains. vessel hold. In such case, the silky shark Government. The NMFS West Coast Captains are still required to provide the may be stored on board and landed, but Regional Administrator has posted a list observer with the FAD identification the vessel owner or operator must of appropriate contacts for U.S. code and, as appropriate, the other surrender the whole silky shark to a Government offices as well as observer information in the standard format. On government authority present at the providers on the NMFS WCR website: purse seine vessels without an observer point of landing. In U.S. ports the https://www.fisheries.noaa.gov/west- aboard, the captain is still responsible responsible governmental authority is coast/partners/emergency-contacts- for recording the information on the the NOAA Office of Law Enforcement vessel-owners-operators-and-observers- FAD form developed by the IATTC staff. divisional office nearest to the port. If longline-and-purse. This website includes emails and phone numbers, Silky Shark government authorities are unavailable, the whole silky shark must not be sold which are not referenced here. This final rule bans the retention of or bartered but must be donated for The USCG continues to be the point silky shark by U.S. longline vessels in purposes of domestic human of contact for other emergency the IATTC Convention Area. Paragraph consumption consistent with relevant situations that necessitate an immediate 5 of Resolution C–19–05 on silky shark laws and policies. The vessel owner or USCG search and rescue, or law requires establishment of an inspection operator shall report any silky sharks enforcement response. NMFS WCR does system at landing ports for members and surrendered in this manner to the not maintain a 24-hour hotline to cooperating non-members that allow IATTC Secretariat by recording the handle such emergencies. Thus, in retention of silky shark by longline incident in the note section of the emergency situations that need an vessels. However, NMFS considered the IATTC Pacific Tuna Regional Logbook. immediate response, vessel owners and time and effort required to implement a U.S. purse seine vessels do not target operators are encouraged to contact the port inspection system and the impacts or intentionally retain silky shark in the nearest U.S. Coast Guard Rescue on U.S. longline vessels that would be IATTC Convention Area, yet they are Coordination Center (RCC) that can help subjected to such an inspection process. caught incidentally and are primarily coordinate with the closest Search and Given these considerations, NMFS discarded. The regulations are expected Rescue (SAR) facility in the area of the determined that implementing the port to provide regulatory relief from the vessel: https://www.dco.uscg.mil/Our- inspection requirement of the previous prohibition on the retention of Organization/Assistant-Commandant- Resolution would be more of a burden silky shark that are not seen during for-Response-Policy-CG-5R/Office-of- to the U.S. Government and the public fishing operations and are delivered into Incident-Management-Preparedness-CG- than simply prohibiting all retention of the vessel hold and frozen during 5RI/US-Coast-Guard-Office-of-Search- silky shark on U.S. longline vessels in fishing operations, which is an and-Rescue-CG-SAR/RCC-Numbers/. the IATTC Convention Area. Therefore, infrequent event for U.S. purse seine In addition, this rule sets forth this rule institutes such a ban. vessels. procedures the vessel owner or operator

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are required to follow in the event that operators to notify the USCG about final rule is consistent with the Tuna an observer has a serious illness or marine casualties, which applies in the Conventions Act of 1950, as amended, injury. The owner or operator of a event of death, missing or presumed the Marine Mammal Protection Act, and fishing vessel of the United States is fallen overboard, or serious injury of an other applicable laws. required to immediately report serious observer. The USCG regulations in 46 This final rule has been determined to illness or injury that threatens the life CFR part 4 specify requirements for be not significant for purposes of and/or long-term health or safety of an notifications, reporting, and Executive Order 12866. This final rule observer to the observer provider and a investigations. Thus, NMFS did not is not an Executive Order 13771 U.S. Government contact. promulgate additional regulations for regulatory action because this rule is not This rule requires that, in the event cases of death, missing or presumed significant under Executive Order that the observer has a serious illness or fallen overboard, or serious injury of an 12866. injury that threatens his or her life and/ observer. However, the Resolutions also This final rule contains a collection- or long-term health or safety, the owner require that the observer provider be of-information requirement subject to or operator of the fishing vessel must: (i) notified in cases of an observer that dies review and approval by OMB under the Immediately cease fishing operations; or goes missing, and this rule includes Paperwork Reduction Act (PRA). This (ii) take all reasonable actions to care for requirements for the vessel owner or requirement has been submitted to OMB the observer and provide any medical operator to notify the observer provider for approval. Public reporting burden treatment available and possible on and a Government contact. Therefore, in for amendments to the West Coast board the vessel, and where appropriate the event that an observer dies, is Region Pacific Tuna Fisheries Logbook seek external medical advice; (iii) where missing or presumed fallen overboard, and Fish Aggregating Device Form directed by the observer provider, if not the owner or operator of a fishing vessel (OMB Control No. 0648–0148) to only already directed by the appropriate U.S. must immediately notify a U.S. require FAD data collection for purse Government contact, facilitate the Government contact and the observer seine vessels without an observer disembarkation and transport of the provider. onboard and require captains provide observer to a medical facility equipped the observer with the FAD identification to provide the required care, as soon as Public Comments and Responses number is estimated to average 1 minute practicable; and (iv) cooperate fully in NMFS received one comment during per form. The requirement to report any official investigations into the cause the comment period. This comment was silky shark surrendered or donated is of the illness or injury. The regulations outside the scope of the action and is also estimated to average 1 minute per specify that the owner or operator of the not relevant to this rule. form and the reporting related to observer safety on purses seine vessels fishing vessel must ‘‘immediately cease Changes From the Proposed Rule fishing operations.’’ NMFS anticipates is estimated to average 5 minutes per that there may be circumstances where NMFS is making minor changes to the reporting incident. Public reporting ‘‘immediately cease’’ could allow for regulatory text in the final rule from the burden for amendments to the gear to be retrieved and NMFS does not proposed rule. These changes are supporting statement for the Pacific encourage abandoning fishing gear. intended to make minor corrections and Islands Region Logbook Family of This rule sets forth procedures the clarify the regulatory text; NMFS does Forms (OMB Control No. 0648–0214) for vessel owner or operator are required to not consider these substantive changes. reporting related to observer safety on follow in the event that an observer has In paragraph (e)(4) in § 216.24, the longline vessels are estimated to average been assaulted, intimidated, threatened numbering of the first subordinate 5 minutes per reporting incident. These or harassed. The rule requires that, in paragraph was corrected, and the estimates include time for reviewing the event that an observer on a fishing regulatory text was changed to correct instructions, searching existing data vessel of the United States has been the format of a cross reference to sources, gathering and maintaining the assaulted, intimidated, threatened or another section number of the data needed, and completing and harassed, the owner or operator of the regulations. In paragraph (f) in § 300.27 reviewing the collection of information. fishing vessel must: (i) Immediately take on incidental catch and tuna retention Regarding the elements of the rule action to preserve the safety of the requirements, the sentence describing pertaining to prohibiting retention of observer and mitigate and resolve the the paragraph on silky shark regulations silky sharks on longline vessels; there situation on board; (ii) if the observer or removes the word ‘‘unintentional’’ and are no new collection-of-information the observer provider indicate that they adds ‘‘on purse seine vessels.’’ This text requirements associated with this action wish for the observer to be removed was revised because of difficulty that are subject to the PRA, and existing from the vessel, facilitate the safe enforcing the intentions of vessel collection-of-information requirements disembarkation of the observer in a owners or operators. In addition, still apply under the following Control manner and place, as agreed by the paragraph (b) in § 300.29, as it relates to Numbers: 0648–0593 and 0648–0214. observer provider, that facilitates access observer safety, is revised to clarify that Notwithstanding any other provision to any needed medical treatment; and it is the ‘‘the owner or operator of the’’ of the law, no person is required to (iii) cooperate fully in any official fishing vessel that must immediately respond to, nor shall any person be investigations into the incident. notify a U.S. Government contact and subject to a penalty for failure to comply In addition to serious illness and the observer provider. Similarly, in with, a collection of information subject harassment cases, both Resolutions paragraphs (c) and (d) in the same to the requirements of the PRA, unless detail a number of requirements for section, it is the ‘‘the owner or operator that collection of information displays a vessel owners and operators specifically of the’’ fishing vessel that must take the currently valid OMB Control Number. related to vessel operations, notification, actions described in the following text. All currently approved NOAA search and rescue procedures, and collections of information may be investigations in the event of death, Classification viewed at: http://www.cio.noaa.gov/ injury, serious illness, missing or After consultation with the services_programs/prasubs.html. presumed fallen overboard, or Department of State and Department of Pursuant to the Regulatory Flexibility harassment of an observer. The United Homeland Security, the NMFS Assistant Act, 5 U.S.C. 605(b), the Chief Counsel States requires U.S. vessel owners or Administrator has determined that this for Regulation of the Department of

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Commerce certified to the Chief Counsel PART 300—INTERNATIONAL States used to fish for tuna or tuna-like for Advocacy of the Small Business FISHERIES REGULATIONS species is prohibited from retaining on Administration that this final rule, if board, transshipping, storing, or landing adopted, would not have a significant Subpart C—Eastern Pacific Tuna any part or whole carcass of a silky economic impact on a substantial Fisheries shark (Carcharhinus falciformis) that is number of small entities. Further details caught in the IATTC Convention Area, on the factual basis for the certification ■ 3. The authority citation for part 300, except as provided in paragraph (f) of were published in the proposed rule (85 subpart C, continues to read as follows: this section. FR 4250, January 24, 2020) and are not Authority: 16 U.S.C. 951 et seq. (f) Exception for silky shark caught repeated here. No comments were ■ 4. In § 300.22, revise paragraph and frozen on purse seine vessels. In the received regarding the certification, and (a)(3)(i) to read as follows: case of a purse seine vessel operating in none of the changes from the proposed the IATTC Convention Area that catches to the final rule will increase costs to § 300.22 Recordkeeping and reporting a silky shark that is not seen during the affected public. Therefore, the requirements. fishing operations and is delivered into certification published with the (a) * * * the vessel hold, the silky shark may be proposed rule that states this rule is not (3) * * * stored on board and landed, but the expected to have a significant economic (i) Reporting on FAD interactions. vessel owner or operator must surrender impact on a substantial number of small U.S. purse seine vessel operators shall the whole silky shark to the responsible entities is still valid. As a result, a provide the observer with the FAD government authority present at the regulatory flexibility analysis was not identification code and, as appropriate, point of landing. In U.S. ports the required and none was prepared. the other information in the FAD responsible governmental authority is interaction standard format provided by the NOAA Office of Law Enforcement List of Subjects in 50 CFR Parts 216 and the HMS Branch. U.S. vessel owners divisional office nearest to the port, or 300 and operators, without an observer other authorized personnel. If no Administrative practice and onboard, must ensure that any governmental authorities are available, procedure, Fish, Fisheries, Fishing, interaction or activity with a FAD is the whole silky shark surrendered must Marine resources, Reporting and reported using a FAD interaction not be sold or bartered but must be recordkeeping requirements, Treaties. standard format provided by the HMS donated for purposes of domestic Dated: May 11, 2020. Branch. The owner and operator shall human consumption consistent with Samuel D. Rauch III, ensure that the form is submitted within relevant laws and policies. The vessel 30 days of each landing or owner or operator shall report these Deputy Assistant Administrator for Regulatory Programs, National Marine transshipment of tuna or tuna-like incidences to the IATTC Secretariat by Fisheries Service. species to the address specified by the recording them in the IATTC Regional HMS Branch. Purse Seine Logbook, or another form For the reasons set out in the * * * * * identified by NMFS. preamble, 50 CFR parts 216 and 300 are ■ * * * * * amended as follows: 5. In § 300.24, revise paragraphs (ff) through (hh) to read as follows: ■ 7. Add § 300.29 to subpart C to read PART 216—REGULATIONS as follows: § 300.24 Prohibitions. GOVERNING THE TAKING AND § 300.29 Observers. IMPORTING OF MARINE MAMMALS * * * * * (ff) Fail to provide information to an The following requirements apply to ■ 1. The authority citation for part 216 observer or record or report data on all on-board fisheries observers required continues to read as follows: FADs as required in § 300.22(a)(3). under this subpart, which includes (gg) Use a commercial purse seine or observers on purse seine, longline Authority: 16 U.S.C. 1361 et seq., unless longline fishing vessel of the United otherwise noted. vessels, and transshipment carrier States to retain on board, transship, vessels, and while on a fishing trip in Subpart C—General Exceptions store, or land any part or whole carcass the IATTC Convention Area. of a silky shark (Carcharhinus (a) Contact information. A full list of ■ 2. In § 216.24, remove ‘‘Southwest falciformis) in contravention of U.S. longline and IATTC purse seine Region’’ and add in its place ‘‘West § 300.27(e). observer providers and U.S. Coast Region’’ everywhere it appears (hh) Fail to follow observer safety Government contacts for situations and add paragraphs (e)(4)(i) and (ii) to requirements as specified under described in paragraphs (b) through (d) read as follows: § 300.29. of this section is available at the * * * * * following website: https:// § 216.24 Taking and related acts in ■ 6. In § 300.27: www.fisheries.noaa.gov/west-coast/ commercial fishing operations including partners/emergency-contacts-vessel- tuna purse seine vessels in the eastern ■ a. Effective June 17, 2020, revise tropical Pacific Ocean. paragraph (e); and owners-operators-and-observers- ■ b. Delayed indefinitely, revise longline-and-purse. * * * * * (b) Loss of life. In the event that an (e) * * * paragraph (f). The revisions read as follows: observer dies, is missing, or presumed (4) * * * fallen overboard, the owner or operator (i) Requirements for owners and § 300.27 Incidental catch and tuna of the fishing vessel must immediately operators of U.S. purse seine vessels for retention requirements. notify a U.S. Government contact and reporting and actions in response to * * * * * the observer provider. observer safety are at § 300.29 of this (e) Silky shark restrictions for purse (c) Serious illness or injury. The title. seine vessels. The crew, operator, and owner or operator of a fishing vessel of (ii) [Reserved] owner of a commercial purse seine or the United States shall immediately * * * * * longline fishing vessel of the United report serious illness or injury that

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threatens the life and/or long-term DEPARTMENT OF COMMERCE one error associated with the northern health or safety of an observer to the rockfish sideboard limit in the Western observer provider and a U.S. National Oceanic and Atmospheric Regulatory Area of the GOA. These Government contact. In addition, the Administration tables, associated errors, and corrections owner or operator of the fishing vessel to each table are discussed below. 50 CFR Part 679 must: Corrections to Table 18: Non-Exempt (1) Immediately cease fishing [Docket No. 200423–0120] AFA Catcher Vessel Sideboard Limits operations; RIN 0648–XY201 An explanation of AFA sideboard (2) Take all reasonable actions to care limits is contained in the final rule for the observer and provide any Fisheries of the Exclusive Economic implementing the 2020 and 2021 medical treatment available and Zone Off Alaska; Gulf of Alaska; Final harvest specifications (85 FR 13802, 2020 and 2021 Harvest Specifications possible on board the vessel, and where March 10, 2020) and is not repeated for Groundfish; Correction appropriate seek external medical here. In conjunction with calculating the non-exempt AFA catcher vessel advice; AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and sideboard limits contained in Table 18 (3) Where directed by the observer of the final 2020 and 2021 harvest Atmospheric Administration (NOAA), provider, if not already directed by the specifications, NMFS also incorporated Commerce. appropriate U.S. Government contact, changes to the specification and facilitate the disembarkation and ACTION: Final rule; correction. management of non-exempt AFA transport of the observer to a medical SUMMARY: The National Marine catcher vessel sideboard limits that were facility equipped to provide the Fisheries Service is correcting a final implemented in a final rule published required care, as soon as practicable; rule that published on March 10, 2020, in 2019 (84 FR 2723, February 8, 2019). and implementing the final 2020 and 2021 That particular final rule established (4) Cooperate fully in any official harvest specifications and prohibited regulations to prohibit directed fishing for specific groundfish species or investigations into the cause of the species catch allowances for the species groups subject to sideboard illness or injury. groundfish fishery of the Gulf of Alaska. One table in the document contains limits in regulations (d) Assault, intimidation, threat, or errors associated with deep-water (§ 679.20(d)(1)(iv)(D) and Table 56 to 50 harassment. For reporting violations in flatfish, and another table contains an CFR part 679), which effectively the event that an observer on a fishing error associated with northern rockfish. reduced the number of non-exempt AFA vessel of the United States has been These corrections are necessary to catcher vessel groundfish sideboard assaulted, intimidated, threatened, or provide the correct information about limits that must be annually specified. harassed, the owner or operator of the the amount of deep-water flatfish and However, NMFS must continue to fishing vessel shall immediately notify northern rockfish available for specify some non-exempt AFA catcher vessel sideboard limits for certain the observer provider and the NOAA commercial harvest in 2020, thus groundfish species or species groups. Office of Law Enforcement West Coast allowing commercial fishermen to In the final harvest specifications, the Division Duty Officer line at (206) 526– maximize their economic opportunities 4851 of the situation and the status and table (Table 18) associated with the in this fishery. This correction also is 2020 non-exempt AFA catcher vessel location of the observer. In addition, the necessary to comport with the sideboard limits provides information owner or operator of the fishing vessel requirements of the Fishery about species, apportionments by gear must: Management Plan for Groundfish of the and season, areas, ratios used to (1) Immediately take action to Gulf of Alaska. calculate sideboard limits, total preserve the safety of the observer and DATES: Effective May 18, 2020. allowable catch (TAC) limits, and final mitigate and resolve the situation on FOR FURTHER INFORMATION CONTACT: 2020 sideboard limits. This table was board; Obren Davis, 907–586–7228. revised and condensed from an (2) If the observer or the observer SUPPLEMENTARY INFORMATION: equivalent table published in 2019 to remove species or species groups for provider indicate that they wish for the Need for Correction which directed fishing is now observer to be removed from the vessel, The National Marine Fisheries Service prohibited in regulation, following the facilitate the safe disembarkation of the (NMFS) published the Gulf of Alaska implementation of a final rule (84 FR observer in a manner and place, as (GOA) final 2020 and 2021 harvest 2723, February 8, 2019) that, in part, agreed by the observer provider and a specifications in the Federal Register on revised the specification and U.S. Government contact, that facilitates March 10, 2020 (85 FR 13802). The management of non-exempt AFA access to any needed medical treatment; harvest specifications were effective catcher vessel sideboard limits. In Table and March 10, 2020. NMFS has identified 18 on page 13821 of the harvest (3) Cooperate fully in any official two tables in that final rule that contain specifications published in the Federal investigations into the incident. errors. First, a table (Table 18) providing Register (85 FR 13802, March 10, 2020), [FR Doc. 2020–10407 Filed 5–15–20; 8:45 am] information about the 2020 groundfish NMFS inadvertently included a deep- BILLING CODE 3510–22–P sideboard limits for non-exempt water species sideboard limit for the American Fisheries Act (AFA) catcher Western GOA and omitted a deep-water vessels contains errors associated with species sideboard limit for the Eastern the deep-water flatfish sideboard limits GOA. Table 18 also includes the in the Central and Eastern Regulatory incorrect ratio used for calculating the Areas of the GOA. Second, a table sideboard limit for deep-water flatfish (Table 23) providing information about for the Central GOA. The correct ratios 2020 Rockfish Program (RP) sideboard for calculating sideboard limits for limits for catcher/processors contains deep-water flatfish for the Central and

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Eastern Regulatory Areas of the GOA are Area of the GOA is 842 mt. This action AFA catcher vessels for the Central and .0647 and .0128, respectively. The will revise column 5 of Table 23 to Eastern Regulatory Areas of the GOA are correct 2020 deep-water flatfish TACs incorporate the correct amount for the different from the incorrectly specified for the Central and Eastern Regulatory 2020 RP northern rockfish sideboard sideboard limits for these two Areas of the GOA are 1,948 metric tons limit for the catcher/processor sector for management areas. The correct 2020 RP (mt) and 3,856 mt, respectively. The the Western Regulatory Area of the GOA northern rockfish sideboard limit for correct 2020 deep-water flatfish (or Western GOA). catcher/processors is less than the sideboard limits for the Central and incorrectly specified sideboard limit for Classification Eastern Regulatory Areas of the GOA are the Western Regulatory Area of the GOA 126 mt and 49 mt, respectively. This The Assistant Administrator for (or Western GOA). Without this action will revise columns 3, 4, 5, and Fisheries, NOAA (AA), finds good cause correction, commercial fishermen may 6 of Table 18 to incorporate the correct to waive the requirement to provide believe that there are different amounts amounts for ratios for calculating prior notice and opportunity for public of sideboard limits available for harvest sideboard limits, TACs, and sideboard comment pursuant to the authority set in 2020 than are actually available, to limits for the 2020 deep-water flatfish in forth at 5 U.S.C. 553(b)(B), as such their economic detriment. In addition, the Central Regulatory Area of the GOA requirement is unnecessary and the public was already provided with (C) and the Eastern Regulatory Area of contrary to the public interest. This notice and opportunity to comment the GOA (E). correcting amendment makes changes to during the public comment period for correct mis-specified 2020 deep-water the proposed harvest specifications (84 Correction to Table 23: RP Sideboard flatfish sideboard limits for non-exempt FR 66109, December 3, 2019), so Limits for the Western GOA and West AFA catcher vessels in Table 18 and the additional opportunity for public Yakutat District for the Catcher/ 2020 RP northern rockfish sideboard comment at this point would not be Processor Sector limit for catcher/processors in Table 23, meaningful. Therefore, in order to avoid A table (Table 23) providing as described above, and does not change any negative consequences that could information about the final 2020 RP operating practices in the fisheries. This result from this correction, the AA finds sideboard limits for the catcher/ correcting action is consistent with the good cause to waive the requirement to processor sector by area and fishery harvest specifications recommended by provide prior notice and opportunity for contains one error associated with the the North Pacific Fishery Management public comment. northern rockfish sideboard limit for the Council in December 2019, and ensures For the reasons above, the AA also Western Regulatory Area of the GOA (or that the groundfish sideboard limits that finds good cause under 5 U.S.C. Western GOA). In Table 23 on page the fishing industry expected to be 553(d)(3) to waive the 30-day delay in 13824 of the harvest specifications available in 2020 are correct. If this effective date and make this rule published in the Federal Register (85 correction is delayed to allow for notice effective immediately upon publication. FR 13802, March 10, 2020), NMFS and comment, it would result in inadvertently used an incorrect value confusion for participants in the Corrections for the northern rockfish sideboard limit fisheries, given that the final rule In the final rule document, published for the Western Regulatory Area of the implementing the 2020 and 2021 on March 10, 2020 (85 FR 13802), the GOA. The correct 2020 northern harvest specifications already is following corrections are made: rockfish sideboard limit for catcher/ effective. The correct 2020 deep-water 1. On page 13821, Table 18 is processors for the Western Regulatory flatfish sideboard limits for non-exempt corrected to read as follows:

TABLE 18—FINAL 2020 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH SIDEBOARD LIMITS [Values are rounded to the nearest metric ton]

Ratio of 1995–1997 Final 2020 non-exempt Species Apportionments by season/gear Area/component non-exempt Final 2020 AFA CV catch TACs 3 AFA CV to 1995–1997 sideboard limit TAC

Pollock ...... A Season: January 20–March 10 ...... Shumagin (610) ...... 0.6047 517 313 Chirikof (620) ...... 0.1167 18,757 2,189 Kodiak (630) ...... 0.2028 5,783 1,173 B Season: March 10–May 31 ...... Shumagin (610) ...... 0.6047 517 313 Chirikof (620) ...... 0.1167 22,222 2,593 Kodiak (630) ...... 0.2028 2,318 470 C Season: August 25–October 1 ...... Shumagin (610) ...... 0.6047 9,070 5,485 Chirikof (620) ...... 0.1167 6,739 786 Kodiak (630) ...... 0.2028 9,248 1,875 D Season: October 1–November 1 ...... Shumagin (610) ...... 0.6047 9,070 5,485 Chirikof (620) ...... 0.1167 6,739 786 Kodiak (630) ...... 0.2028 9,248 1,875 Annual ...... WYK (640) ...... 0.3495 5,554 1,941 SEO (650) ...... 0.3495 10,148 3,547 Pacific cod ...... A Season: 1 January 1–June 10 ...... W ...... 0.1331 1,246 166 C ...... 0.0692 2,284 158 B Season: 2 September 1–December 31 ..... W ...... 0.1331 830 111 C ...... 0.0692 1,522 105 Flatfish, shallow-water Annual ...... W ...... 0.0156 13,250 207

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TABLE 18—FINAL 2020 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH SIDEBOARD LIMITS—Continued [Values are rounded to the nearest metric ton]

Ratio of 1995–1997 Final 2020 non-exempt Species Apportionments by season/gear Area/component non-exempt Final 2020 AFA CV catch TACs 3 AFA CV to 1995–1997 sideboard limit TAC

C ...... 0.0587 27,732 1,628 Flatfish, deep-water ... Annual ...... C ...... 0.0647 1,948 126 ...... E ...... 0.0128 3,856 49 Rex sole ...... Annual ...... C ...... 0.0384 8,579 329 Arrowtooth flounder ... Annual ...... C ...... 0.0280 68,669 1,923 Flathead sole ...... Annual ...... C ...... 0.0213 15,400 328 Pacific ocean perch ... Annual ...... C ...... 0.0748 23,678 1,771 E ...... 0.0466 6,123 285 Northern rockfish ...... Annual ...... C ...... 0.0277 3,178 88 1 The Pacific cod A season for trawl gear does not open until January 20. 2 The Pacific cod B season for trawl gear closes November 1. 3 The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.

2. On page 13824, Table 23 is corrected to read as follows:

TABLE 23—FINAL 2020 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR SECTOR [Values are rounded to the nearest metric ton]

C/P sector Final 2020 Final 2020 C/P Area Fishery (% of TAC) TACs limit

Western GOA ...... Dusky rockfish ...... 72.3 ...... 776 561 Pacific ocean perch ...... 50.6 ...... 1,437 727 Northern rockfish ...... 74.3 ...... 1,133 842 West Yakutat District ...... Dusky rockfish ...... Confidential 1 .. 115 Confidential 1 Pacific ocean perch ...... Confidential 1 .. 1,470 Confidential 1 1 Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska.

Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 106–554; Pub. L. 108–199; Pub. L. 108–447; Dated: April 24, 2020. 1540 (f), 1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 109–241; Pub. L 109–479. Samuel D. Rauch, III, Pub. L. 105–277; Pub. L. 106–31; Pub. L. Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2020–09084 Filed 5–15–20; 8:45 am] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 85, No. 96

Monday, May 18, 2020

This section of the FEDERAL REGISTER • All comments submitted in general visual inspection to determine contains notices to the public of the proposed response to this proposed rule will be production configuration for certain issuance of rules and regulations. The included in the record and will be made parts; a repetitive lubrication of certain purpose of these notices is to give interested available to the public. Please be parts and a repetitive general visual persons an opportunity to participate in the advised that the substance of the inspection of certain parts for any rule making prior to the adoption of the final rules. comments and the identity of the exuding grease; repetitive detailed individuals or entities submitting the inspections of certain parts for loose or comments will be subject to public missing attachment bolts, cracks or DEPARTMENT OF AGRICULTURE disclosure. FNS will make the bushing migration, cracks or gouges, or comments publicly available on the broken, binding, or missing rollers; Food and Nutrition Service internet via http://www.regulations.gov. repetitive detailed inspections of certain FOR FURTHER INFORMATION CONTACT: parts for cracks or corrosion; repetitive 7 CFR Part 271 and 273 Moira Johnston, Food and Nutrition lubrication; and on-condition actions if RIN 0584–AE68 Service, Office of Employment and necessary. The FAA is proposing this Training, 1320 Braddock Place, AD to address the unsafe condition on Employment and Training Alexandria, VA 22314, and ETORule@ these products. Opportunities in the Supplemental usda.gov. DATES: The FAA must receive comments Nutrition Assistance Program; SUPPLEMENTARY INFORMATION: The Food on this proposed AD by July 2, 2020. Extension of Comment Period and Nutrition Service is extending the ADDRESSES: You may send comments, using the procedures found in 14 CFR AGENCY: Food and Nutrition Service public comment period for the proposed 11.43 and 11.45, by any of the following (FNS), USDA. rule, ‘‘Employment and Training Opportunities in the Supplemental methods: ACTION: Proposed rule; extension of Nutrition Assistance Program’’, which • Federal eRulemaking Portal: Go to comment period. published March 17, 2020 at 85 FR https://www.regulations.gov. Follow the instructions for submitting comments. SUMMARY: The Department of 15304. The new comment period ends • Fax: 202–493–2251. Agriculture’s Food and Nutrition June 17, 2020. There are no other • Mail: U.S. Department of Service (FNS) is extending the public changes to this proposed rule. Transportation, Docket Operations, comment period on the proposed rule Pamilyn Miller, M–30, West Building Ground Floor, titled, ‘‘Employment and Training Administrator, Food and Nutrition Service. Room W12–140, 1200 New Jersey Opportunities in the Supplemental [FR Doc. 2020–10536 Filed 5–15–20; 8:45 am] Avenue SE, Washington, DC 20590. Nutrition Assistance Program’’, which BILLING CODE 3410–30–P • Hand Delivery: Deliver to Mail was published in the Federal Register address above between 9 a.m. and 5 on March 17, 2020. This action extends p.m., Monday through Friday, except the deadline for receipt of public DEPARTMENT OF TRANSPORTATION Federal holidays. comments to give the public additional For service information identified in time to review the proposed rule. Federal Aviation Administration this NPRM, contact Boeing Commercial DATES: To be assured of consideration, Airplanes, Attention: Contractual & Data comments on this proposed rule must 14 CFR Part 39 Services (C&DS), 2600 Westminster be received by the Food and Nutrition Blvd., MC 110–SK57, Seal Beach, CA Service on or before June 17, 2020. [Docket No. FAA–2020–0211; Product Identifier 2020–NM–006–AD] 90740–5600; phone: 562–797–1717; ADDRESSES: The Food and Nutrition internet: https:// Service invites interested persons to RIN 2120–AA64 www.myboeingfleet.com. You may view submit comments on this proposed rule. this referenced service information at Airworthiness Directives; The Boeing Comments may be submitted by any of the FAA, Transport Standards Branch, Company Airplanes the following methods: 2200 South 216th St., Des Moines, WA. • Federal eRulemaking Portal: Go to AGENCY: Federal Aviation For information on the availability of http://www.regulations.gov. Follow the Administration (FAA), DOT. this material at the FAA, call 206–231– online instructions for submitting ACTION: Notice of proposed rulemaking 3195. It is also available on the internet comments. (NPRM). at https://www.regulations.gov by • Mail: Send comments to Moira searching for and locating Docket No. Johnston, Food and Nutrition Service, SUMMARY: The FAA proposes to adopt a FAA–2020–0211. Office of Employment and Training, new airworthiness directive (AD) for 1320 Braddock Place, Alexandria, VA certain The Boeing Company Model Examining the AD Docket 22314. 747–100, 747–100B, 747–100B SUD, You may examine the AD docket on • Email: Send comments to 747–200B, 747–200C, 747–200F, 747– the internet at https:// [email protected]. Include Docket ID 300, 747–400, 747–400D, 747–400F, and www.regulations.gov by searching for Number FNS–2019–0008, ‘‘Employment 747SR series airplanes. This proposed and locating Docket No. FAA–2020– and Training Opportunities in the AD was prompted by reports of inboard 0211; or in person at Docket Operations Supplemental Nutrition Assistance foreflap departures from the airplane. between 9 a.m. and 5 p.m., Monday Program’’ in the subject line of the This proposed AD would require through Friday, except Federal holidays. message. repetitive replacement of certain parts; a The AD docket contains this NPRM, the

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regulatory evaluation, any comments inboard sequence carriage and binding in other products of the same type received, and other information. The of inboard foreflap tracks due to design. street address for Docket Operations is defective or seized foreflap track rollers Proposed AD Requirements listed above. Comments will be can lead to higher than normal loads on available in the AD docket shortly after the outboard fitting assembly and the This proposed AD would require receipt. inboard link assembly, which may lead accomplishment of the actions FOR FURTHER INFORMATION CONTACT: Eric to cracked or broken attachment fittings, identified in Boeing Alert Requirements Lin, Aerospace Engineer, Airframe and in some cases the damage has Bulletin 747–57A2367 RB, dated Section, FAA, Seattle ACO Branch, 2200 resulted in an inboard foreflap departing November 15, 2019, described South 216th St., Des Moines, WA 98198; the airplane. This condition, if not previously, except for any differences phone and fax: 206–231–3523; email: addressed, could result in the departure identified as exceptions in the [email protected]. of an inboard foreflap assembly from the regulatory text of this proposed AD. SUPPLEMENTARY INFORMATION: airplane possibly resulting in damage to For information on the procedures the airplane, and adversely affecting the and compliance times, see this service Comments Invited airplane’s continued safe flight and information at https:// The FAA invites you to send any landing. www.regulations.gov by searching for written relevant data, views, or and locating Docket No. FAA–2020– Related Service Information Under 1 arguments about this proposal. Send 0211. CFR Part 51 your comments to an address listed Explanation of Requirements Bulletin under the ADDRESSES section. Include The FAA reviewed Boeing Alert ‘‘Docket No. FAA–2020–0211; Product Requirements Bulletin 747–57A2367 The FAA worked in conjunction with Identifier 2020–NM–006–AD’’ at the RB, dated November 15, 2019. This industry, under the Airworthiness beginning of your comments. The FAA service information describes Directive Implementation Aviation specifically invites comments on the procedures for repetitive replacement of Rulemaking Committee (AD ARC), to overall regulatory, economic, certain parts; a general visual inspection enhance the AD system. One environmental, and energy aspects of to determine production configuration enhancement is a process for annotating this NPRM. The FAA will consider all for certain parts; a repetitive lubrication which steps in the service information comments received by the closing date of certain parts and a repetitive general are ‘‘required for compliance’’ (RC) with and may amend this NPRM because of visual inspection of certain parts for any an AD. Boeing has implemented this RC those comments. exuding grease; repetitive detailed concept into Boeing service bulletins. The FAA will post all comments, inspections of certain parts for loose or In an effort to further improve the without change, to https:// missing attachment bolts, cracks or quality of ADs and AD-related Boeing www.regulations.gov, including any bushing migration, cracks or gouges, or service information, a joint process personal information you provide. The broken, binding, or missing rollers; improvement initiative was worked FAA will also post a report repetitive detailed inspections of certain between the FAA and Boeing. The summarizing each substantive verbal parts for cracks or corrosion; repetitive initiative resulted in the development of contact received about this proposed lubrication; and on-condition actions if a new process in which the service AD. necessary. On-condition actions include information more clearly identifies the replacements and repair. actions needed to address the unsafe Discussion This service information is reasonably condition in the ‘‘Accomplishment The FAA has received reports of available because the interested parties Instructions.’’ The new process results partial and full inboard foreflap have access to it through their normal in a Boeing Requirements Bulletin, departures from the airplane, some of course of business or by the means which contains only the actions needed which resulted in significant damage to identified in the ADDRESSES section. to address the unsafe condition (i.e., the airplane. Inboard foreflap departures only the RC actions). have been attributed to inadequate FAA’s Determination lubrication of the outboard fitting The FAA is proposing this AD Costs of Compliance assembly, corrosion of the outboard because the FAA evaluated all the The FAA estimates that this proposed fitting assembly, and corrosion in the relevant information and determined AD affects 125 airplanes of U.S. registry. inboard link assembly. In addition, the unsafe condition described The FAA estimate the following costs to broken center toggle rollers at the previously is likely to exist or develop comply with this proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Repetitive Replacement ...... Up to 10 work-hours × $85 per hour = $35,719 Up to $36,569 per Up to $4,571,125 Up to $850 per replacement cycle. replacement per replacement cycle. cycle. General Visual Inspection for Parts Pro- 1 work-hour × $85 per hour = $85 ...... $0 $85 ...... $10,625. duction Configuration. Repetitive Detailed Inspections ...... 4 work-hours × $85 per hour = $340 $0 $340 per inspection $42,500 per inspec- per inspection cycle. cycle. tion cycle. Repetitive inspection for lubrication and 1 work-hour × $85 per hour = $85 per $0 $85 per lubrication $10,625 per lubrica- repetitive lubrication. lubrication. tion.

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

ESTIMATED COSTS OF ON-CONDITION REPLACEMENTS

Labor cost Parts cost Cost per product

Up to 8 work-hour × $85 per hour = $680 ...... Up to $17,720 ...... Up to $18,400.

The FAA has received no definitive The Proposed Amendment the Accomplishment Instructions of Boeing data that would enable the FAA to Alert Requirements Bulletin 747–57A2367 Accordingly, under the authority RB, dated November 15, 2019. provide cost estimates for the on- delegated to me by the Administrator, Note 1 to paragraph (g): Guidance for condition repairs specified in this the FAA proposes to amend 14 CFR part proposed AD. accomplishing the actions required by this 39 as follows: AD can be found in Boeing Alert Service Authority for This Rulemaking Bulletin 747–57A2367, dated November 15, PART 39—AIRWORTHINESS 2019, which is referred to in Boeing Alert Title 49 of the United States Code DIRECTIVES Requirements Bulletin 747–57A2367 RB, specifies the FAA’s authority to issue dated November 15, 2019. rules on aviation safety. Subtitle I, ■ 1. The authority citation for part 39 section 106, describes the authority of continues to read as follows: (h) Exceptions to Service Information Specifications the FAA Administrator. Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more Where Boeing Alert Requirements Bulletin detail the scope of the Agency’s § 39.13 [Amended] 747–57A2367 RB, dated November 15, 2019, authority. ■ 2. The FAA amends § 39.13 by adding uses the phrase ‘‘the original issue date of Requirements Bulletin 747–57A2367 RB,’’ The FAA is issuing this rulemaking the following new airworthiness directive (AD): this AD requires using ‘‘the effective date of under the authority described in this AD.’’ Subtitle VII, Part A, Subpart III, Section The Boeing Company: Docket No. FAA– 44701: ‘‘General requirements.’’ Under 2020–0211; Product Identifier 2020– (i) Alternative Methods of Compliance (AMOCs) that section, Congress charges the FAA NM–006–AD. (1) The Manager, Seattle ACO Branch, with promoting safe flight of civil (a) Comments Due Date aircraft in air commerce by prescribing FAA, has the authority to approve AMOCs The FAA must receive comments by July for this AD, if requested using the procedures regulations for practices, methods, and 2, 2020. found in 14 CFR 39.19. In accordance with procedures the Administrator finds (b) Affected ADs 14 CFR 39.19, send your request to your necessary for safety in air commerce. principal inspector or local Flight Standards This regulation is within the scope of None. District Office, as appropriate. If sending that authority because it addresses an (c) Applicability information directly to the manager of the unsafe condition that is likely to exist or certification office, send it to the attention of This AD applies to The Boeing Company the person identified in paragraph (j)(1) of develop on products identified in this Model 747–100, 747–100B, 747–100B SUD, rulemaking action. this AD. Information may be emailed to: 9- 747–200B, 747–200C, 747–200F, 747–300, [email protected]. Regulatory Findings 747–400, 747–400D, 747–400F, and 747SR, (2) Before using any approved AMOC, series airplanes, certificated in any category, notify your appropriate principal inspector, The FAA determined that this as identified in Boeing Alert Requirements or lacking a principal inspector, the manager proposed AD would not have federalism Bulletin 747–57A2367 RB, dated November of the local flight standards district office/ 15, 2019. implications under Executive Order certificate holding district office. 13132. This proposed AD would not (d) Subject (3) An AMOC that provides an acceptable have a substantial direct effect on the Air Transport Association (ATA) of level of safety may be used for any repair, States, on the relationship between the America Code 57, Wings. modification, or alteration required by this national Government and the States, or AD if it is approved by The Boeing Company (e) Unsafe Condition on the distribution of power and Organization Designation Authorization This AD was prompted by reports of (ODA) that has been authorized by the responsibilities among the various Manager, Seattle ACO Branch, FAA, to make levels of government. inboard foreflap departures from the airplane. The FAA is issuing this AD to those findings. To be approved, the repair For the reasons discussed above, I address departures of the inboard foreflap method, modification deviation, or alteration certify this proposed regulation: assembly from the airplane, which could deviation must meet the certification basis of (1) Is not a ‘‘significant regulatory result in damage to the airplane and the airplane, and the approval must action’’ under Executive Order 12866, adversely affect the airplane’s continued safe specifically refer to this AD. (2) Will not affect intrastate aviation flight and landing. (j) Related Information in Alaska, and (f) Compliance (1) For more information about this AD, (3) Will not have a significant Comply with this AD within the contact Eric Lin, Aerospace Engineer, economic impact, positive or negative, compliance times specified, unless already Airframe Section, FAA, Seattle ACO Branch, on a substantial number of small entities done. 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206–231–3523; email: under the criteria of the Regulatory (g) Required Actions Flexibility Act. [email protected]. Except as specified by paragraph (h) of this (2) For service information identified in List of Subjects in 14 CFR Part 39 AD: At the applicable times specified in the this AD, contact Boeing Commercial ‘‘Compliance’’ paragraph of Boeing Alert Airplanes, Attention: Contractual & Data Air transportation, Aircraft, Aviation Requirements Bulletin 747–57A2367 RB, Services (C&DS), 2600 Westminster Blvd., safety, Incorporation by reference, dated November 15, 2019, do all applicable MC 110–SK57, Seal Beach, CA 90740–5600; Safety. actions identified in, and in accordance with, phone: 562–797–1717; internet: https://

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www.myboeingfleet.com. You may view this For service information identified in (FOIA) (5 U.S.C. 552), CBI is exempt referenced service information at the FAA, this NPRM, contact General Electric from public disclosure. If your Transport Standards Branch, 2200 South Company, GE Aviation, Room 285, 1 comments responsive to this AD contain 216th St., Des Moines, WA. For information Neumann Way, Cincinnati, OH 45215; commercial or financial information on the availability of this material at the FAA, call 206–231–3195. phone: 513–552–3272; email: that is customarily treated as private, [email protected]. You may that you actually treat as private, and Issued on March 27, 2020. view this service information at the that is relevant or responsive to this AD, Gaetano A. Sciortino, FAA, Airworthiness Products Section, it is important that you clearly designate Deputy Director for Strategic Initiatives, Operational Safety Branch, 1200 District the submitted comments as CBI. Please Compliance & Airworthiness Division, Avenue, Burlington, MA, 01803. For mark each page of your submission Aircraft Certification Service. information on the availability of this containing CBI as ‘‘PROPIN.’’ The FAA [FR Doc. 2020–10539 Filed 5–15–20; 8:45 am] material at the FAA, call 781–238–7759. will treat such marked submissions as BILLING CODE 4910–13–P Examining the AD Docket confidential under the FOIA, and they will not be placed in the public docket You may examine the AD docket on of this AD. Submissions containing CBI DEPARTMENT OF TRANSPORTATION the internet at https:// should be sent to Stephen Elwin, www.regulations.gov by searching for Federal Aviation Administration Aerospace Engineer, ECO Branch, FAA, and locating Docket No. FAA–2020– 1200 District Avenue, Burlington, MA, 0494; or in person at Docket Operations 14 CFR Part 39 01803. Any commentary that the FAA between 9 a.m. and 5 p.m., Monday receives which is not specifically [Docket No. FAA–2020–0494; Project through Friday, except Federal holidays. designated as CBI will be placed in the Identifier AD–2020–00324–E] The AD docket contains this NPRM, any public docket for this rulemaking. comments received, and other RIN 2120–AA64 information. The street address for Discussion Airworthiness Directives; General Docket Operations is listed above. The FAA received a report from the Comments will be available in the AD Electric Company Turbofan Engines manufacturer that a subsurface anomaly docket shortly after receipt. was found on a HPT rotor stage 2 disk. AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: The manufacturer determined that the Administration (FAA), DOT. Stephen Elwin, Aerospace Engineer, subsurface anomaly developed during ACTION: Notice of proposed rulemaking ECO Branch, FAA, 1200 District the material melting process. This (NPRM). Avenue, Burlington, MA 01803; phone: condition, if not addressed, could result 781–238–7236; fax: 781–238–7199; in uncontained HPT rotor stage 2 disk SUMMARY: The FAA proposes to adopt a email: [email protected]. new airworthiness directive (AD) for all release, damage to the engine, and SUPPLEMENTARY INFORMATION: General Electric Company (GE) GE90– damage to the airplane. 110B1 and GE90–115B model turbofan Comments Invited Related Service Information Under 1 engines with a certain high-pressure The FAA invites you to send any CFR Part 51 turbine (HPT) rotor stage 2 disk written relevant data, views, or The FAA reviewed GE GE90–100 installed. This proposed AD was arguments about this proposal. Send Service Bulletin (SB) 72–0838, dated prompted by a report from the your comments to an address listed January 31, 2020. The SB describes manufacturer that a subsurface anomaly under the ADDRESSES section. Include was found on a HPT rotor stage 2 disk. ‘‘Docket No. FAA–2020–0494; Project procedures for performing an USI of the This proposed AD would require an Identifier AD–2020–00324–E’’ at the HPT rotor stage 2 disk. This service ultrasonic inspection (USI) of the HPT beginning of your comments. The FAA information is reasonably available rotor stage 2 disk and, depending on the specifically invites comments on the because the interested parties have result of the inspection, replacement of overall regulatory, economic, access to it through their normal course the HPT rotor stage 2 disk with a part environmental, and energy aspects of of business or by the means identified eligible for installation. The FAA is this NPRM. The FAA will consider all in the ADDRESSES section. proposing this AD to address the unsafe comments received by the closing date FAA’s Determination condition on these products. and may amend this NPRM because of DATES: The FAA must receive comments those comments. The FAA is proposing this AD on this proposed AD by July 2, 2020. Except for Confidential Business because it evaluated all the relevant ADDRESSES: You may send comments, Information (CBI) as described in the information and determined the unsafe using the procedures found in 14 CFR following paragraph, and other condition described previously is likely 11.43 and 11.45, by any of the following information as described in 14 CFR to exist or develop in other products of methods: 11.35, the FAA will post all comments the same type design. • Federal eRulemaking Portal: Go to received, without change, to https:// Proposed AD Requirements https://www.regulations.gov. Follow the www.regulations.gov, including any instructions for submitting comments. personal information you provide. The This proposed AD would require an • Fax: 202–493–2251. FAA will also post a report USI of the HPT rotor stage 2 disk and, • Mail: U.S. Department of summarizing each substantive verbal depending on the results of the Transportation, Docket Operations, M– contact received about this NPRM. inspection, replacement of the HPT 30, West Building Ground Floor, Room rotor stage 2 disk with a part eligible for W12–140, 1200 New Jersey Avenue SE, Confidential Business Information installation. Confidential Business Information Washington, DC 20590. Costs of Compliance • Hand Delivery: Deliver to Mail (CBI) is commercial or financial address above between 9 a.m. and 5 information that is both customarily and The FAA estimates that this proposed p.m., Monday through Friday, except actually treated as private by its owner. AD affects 12 engines installed on Federal holidays. Under the Freedom of Information Act airplanes of U.S. registry.

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The FAA estimates the following costs to comply with this proposed AD:

ESTIMATED COSTS

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

USI of HPT rotor stage 2 disk ...... 8 work-hours × $85 per hour = $680 ...... $0 $680 $8,160.

The FAA estimates the following results of the proposed inspection. The number of engines that might need this costs to do any necessary replacements FAA has no way of determining the replacement: that would be required based on the

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Remove and replace HPT rotor stage 2 disk ...... 2 work-hours × $85 per hour = $170 ...... $565,600 $565,770.

Authority for This Rulemaking under the criteria of the Regulatory (e) Unsafe Condition Flexibility Act. Title 49 of the United States Code This AD was prompted by a report from the manufacturer that a subsurface anomaly specifies the FAA’s authority to issue List of Subjects in 14 CFR Part 39 was found on a HPT rotor stage 2 disk. The rules on aviation safety. Subtitle I, Air transportation, Aircraft, Aviation FAA is issuing this AD to prevent failure of section 106, describes the authority of safety, Incorporation by reference, the HPT rotor stage 2 disk. The unsafe the FAA Administrator. Subtitle VII: Safety. condition, if not addressed, could result in Aviation Programs, describes in more uncontained HPT rotor stage 2 disk release, detail the scope of the Agency’s The Proposed Amendment damage to the engine, and damage to the airplane. authority. Accordingly, under the authority The FAA is issuing this rulemaking delegated to me by the Administrator, (f) Compliance under the authority described in the FAA proposes to amend 14 CFR part Comply with this AD within the Subtitle VII, Part A, Subpart III, Section 39 as follows: compliance times specified, unless already 44701: ‘‘General requirements.’’ Under done. that section, Congress charges the FAA PART 39—AIRWORTHINESS (g) Required Action DIRECTIVES with promoting safe flight of civil (1) At the next piece-part exposure after the aircraft in air commerce by prescribing ■ effective date of this AD, perform an regulations for practices, methods, and 1. The authority citation for part 39 ultrasonic inspection (USI) of the HPT rotor procedures the Administrator finds continues to read as follows: stage 2 disk in accordance with the necessary for safety in air commerce. Authority: 49 U.S.C. 106(g), 40113, 44701. Accomplishment Instructions, paragraph This regulation is within the scope of 3.B.(1)(a), of GE GE90–100 SB 72–0838, dated that authority because it addresses an § 39.13 [Amended] January 31, 2020. unsafe condition that is likely to exist or ■ 2. The FAA amends § 39.13 by adding (2) If, during the USI required by paragraph the following new airworthiness (g)(1) of this AD, a rejectable indication is develop on products identified in this found, remove the HPT rotor stage 2 disk rulemaking action. directive (AD): from service before further flight and replace Regulatory Findings General Electric Company: Docket No. FAA– it with a part eligible for installation. 2020–0494; Project Identifier AD–2020– (h) Definition The FAA determined that this 00324–E. For the purpose of this AD, ‘‘piece-part proposed AD would not have federalism (a) Comments Due Date implications under Executive Order exposure’’ is when the HPT rotor stage 2 disk 13132. This proposed AD would not The FAA must receive comments by July is removed from the engine and completely 2, 2020. disassembled. have a substantial direct effect on the States, on the relationship between the (b) Affected ADs (i) Alternative Methods of Compliance national Government and the States, or None. (AMOCs) on the distribution of power and (1) The Manager, ECO Branch, FAA, has (c) Applicability responsibilities among the various the authority to approve AMOCs for this AD, levels of government. This AD applies to all General Electric if requested using the procedures found in 14 Company (GE) GE90–110B1 and GE90–115B CFR 39.19. In accordance with 14 CFR 39.19, For the reasons discussed above, I model turbofan engines with a high-pressure send your request to your principal inspector certify this proposed regulation: turbine (HPT) rotor stage 2 disk, part number or local Flight Standards District Office, as (1) Is not a ‘‘significant regulatory 2505M73P03, and with a serial number listed appropriate. If sending information directly action’’ under Executive Order 12866, in Appendix—A, Table 1, of GE GE90–100 to the manager of the certification office, (2) Will not affect intrastate aviation Service Bulletin (SB) 72–0838, dated January send it to the attention of the person in Alaska, and 31, 2020. identified in paragraph (j)(1) of this AD. You may email your request to: ANE-AD- (3) Will not have a significant (d) Subject [email protected]. economic impact, positive or negative, Joint Aircraft System Component (JASC) (2) Before using any approved AMOC, on a substantial number of small entities Code 7250, Turbine Section. notify your appropriate principal inspector,

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or lacking a principal inspector, the manager Control Technique Guideline (CTG) for contact the contact listed in the FOR of the local flight standards district office/ the oil and gas industry. The intended FURTHER INFORMATION CONTACT section to certificate holding district office. effect of this action is to propose schedule your inspection. The Regional (j) Related Information approval of these items into the Office’s official hours of business are (1) For more information about this AD, Massachusetts SIP. This action is being Monday through Friday, 8:30 a.m. to contact Stephen Elwin, Aerospace Engineer, taken in accordance with the Clean Air 4:30 p.m., excluding legal holidays and ECO Branch, FAA, 1200 District Avenue, Act. facility closures due to COVID–19. Burlington, MA, 01803; phone: 781–238– DATES: Written comments must be FOR FURTHER INFORMATION CONTACT: 7236; fax: 781–238–7199; email: received on or before June 17, 2020. Ariel Garcia, Environmental Protection [email protected]. (2) For service information identified in ADDRESSES: Submit your comments, Specialist, Air and Radiation Division this AD, contact General Electric Company, identified by Docket ID No. EPA–R01– (Mail Code 05–2), U.S. Environmental GE Aviation, Room 285, 1 Neumann Way, OAR–2019–0220 at https:// Protection Agency, Region 1, 5 Post Cincinnati, OH 45215; phone: 513–552–3272; www.regulations.gov, or via email to Office Square, Suite 100, Boston, email: [email protected]. You [email protected]. For comments Massachusetts 02109–3912; (617) 918– may view this referenced service information submitted at Regulations.gov, follow the 1660. [email protected]. at the FAA, Airworthiness Products Section, online instructions for submitting Operational Safety Branch, 1200 District SUPPLEMENTARY INFORMATION: In the Avenue, Burlington, MA, 01803. For comments. Once submitted, comments Final Rules Section of this Federal information on the availability of this cannot be edited or removed from Register, EPA is approving the State’s material at the FAA, call 781–238–7759. Regulations.gov. For either manner of SIP submittal as a direct final rule submission, the EPA may publish any Issued on May 13, 2020. without prior proposal because the comment received to its public docket. Gaetano A. Sciortino, Agency views this as a noncontroversial Do not submit electronically any submittal and anticipates no adverse Deputy Director for Strategic Initiatives, information you consider to be comments. A detailed rationale for the Compliance & Airworthiness Division, Confidential Business Information (CBI) Aircraft Certification Service. approval is set forth in the direct final or other information whose disclosure is rule. If no adverse comments are [FR Doc. 2020–10571 Filed 5–15–20; 8:45 am] restricted by statute. Multimedia received in response to this action rule, BILLING CODE 4910–13–P submissions (audio, video, etc.) must be no further activity is contemplated. If accompanied by a written comment. EPA receives adverse comments, the The written comment is considered the direct final rule will be withdrawn and ENVIRONMENTAL PROTECTION official comment and should include all public comments received will be AGENCY discussion of all points you wish to addressed in a subsequent final rule make. The EPA will generally not 40 CFR Part 52 based on this proposed rule. EPA will consider comments or comment not institute a second comment period. [EPA–R01–OAR–2019–0220; FRL–10008– contents located outside of the primary Any parties interested in commenting 78–Region 1] submission (i.e., on the web, cloud, or on this action should do so at this time. other file sharing system). For Please note that if EPA receives adverse Air Plan Approval; Massachusetts; additional submission methods, please comment on an amendment, paragraph, Negative Declaration for the Oil and contact the person identified in the FOR or section of this rule and if that Gas Industry FURTHER INFORMATION CONTACT section. provision may be severed from the AGENCY: Environmental Protection For the full EPA public comment policy, remainder of the rule, EPA may adopt Agency (EPA). information about CBI or multimedia as final those provisions of the rule that ACTION: Proposed rule. submissions, and general guidance on are not the subject of an adverse making effective comments, please visit comment. SUMMARY: The Environmental Protection https://www.epa.gov/dockets/ For additional information, see the Agency (EPA) is proposing to approve a commenting-epa-dockets. Publicly direct final rule which is located in the State Implementation Plan (SIP) available docket materials are available Rules Section of this Federal Register. revision submitted by the at https://www.regulations.gov or at the Commonwealth of Massachusetts. The U.S. Environmental Protection Agency, Dated: April 21, 2020. revision provides Massachusetts’ EPA Region 1 Regional Office, Air and Dennis Deziel, determination, via a negative Radiation Division, 5 Post Office Regional Administrator, EPA Region 1. declaration, that there are no facilities Square—Suite 100, Boston, MA. EPA [FR Doc. 2020–09073 Filed 5–15–20; 8:45 am] within its borders subject to EPA’s 2016 requests that if at all possible, you BILLING CODE 6560–50–P

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Notices Federal Register Vol. 85, No. 96

Monday, May 18, 2020

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE contains documents other than rules or Karen Tuscano, RAC Coordinator, by proposed rules that are applicable to the phone at 406–223–2028 or via email at Forest Service public. Notices of hearings and investigations, [email protected]. committee meetings, agency decisions and West Virginia Resource Advisory rulings, delegations of authority, filing of Individuals who use Committee petitions and applications and agency telecommunication devices for the deaf statements of organization and functions are (TDD) may call the Federal Information AGENCY: Forest Service, USDA. examples of documents appearing in this Relay Service (FIRS) at 1–800–877–8339 ACTION: Notice of meeting. section. between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday SUMMARY: The West Virginia Resource Advisory Committee (RAC) will hold a DEPARTMENT OF AGRICULTURE through Friday. virtual meeting. The committee is SUPPLEMENTARY INFORMATION: The Forest Service authorized under the Secure Rural purpose of the meeting is to: Schools and Community Self- Southern Montana Resource Advisory 1. Approve minutes from November Determination Act (the Act) and Committee 13, 2019 meeting; operates in compliance with the Federal Advisory Committee Act. The purpose AGENCY: Forest Service, USDA. 2. Discuss, recommend, and approve new Title II projects; and of the committee is to improve ACTION: Notice of meeting. collaborative relationships and to 3. Review and give feedback on provide advice and recommendations to SUMMARY: The Southern Montana Dakota Prairie Grasslands fee proposals; the Forest Service concerning projects Resource Advisory Committee (RAC) 4. Discuss next meeting for the and funding consistent with the Act. will meet with virtual attendance only. RAC information can be found at the The committee is authorized under the Southern Montana RAC which will following website: https://cloudapps- Secure Rural Schools and Community provide; feedback on recreation fee usda-gov.secure.force.com/FSSRS/RAC_ Self-Determination Act (the Act) and proposals. Page?id=001t0000002JcuqAAC. operates in compliance with the Federal The meeting is open to the public. Advisory Committee Act. The purpose The agenda will include time for people DATES: The meeting will be held on June of the committee is to improve to make oral statements of three minutes 2, 2020, at 9:00 a.m. collaborative relationships and to or less. Individuals wishing to make an All RAC meetings are subject to provide advice and recommendations to oral statement should request in writing cancellation. For status of meeting prior the Forest Service concerning projects by Wednesday, May 20, 2020, to be to attendance, please contact the person and funding consistent with Title II of scheduled on the agenda. Anyone who listed under FOR FURTHER INFORMATION the Act. RAC information and url for would like to bring related matters to CONTACT. virtual meeting can be found at the the attention of the committee may file ADDRESSES: following website: https://www.fs. The meeting will be held written statements with the committee with virtual attendance only. For virtual usda.gov/main/custergallatin/working staff before or after the meeting. Written together/advisorycommittees. meeting information, please reach out to comments and requests for time for oral the person listed under FOR FURTHER DATES: The meeting will be held on comments must be sent to Karen INFORMATION CONTACT. Thursday, June 4, 2020, at 9:00 a.m. Tuscano, RAC Coordinator, PO Box All RAC meetings are subject to Written comments may be submitted 1130, Big Timber, Montana 59011; by SUPPLEMENTARY cancellation. For status of the meeting as described under email to [email protected], or via INFORMATION. prior to attendance, please contact the All comments, including facsimile to 406–587–6758. names and addresses when provided, person listed under FOR FURTHER are placed in the record and are INFORMATION CONTACT. Meeting Accommodations: If you are Location: The meeting will be held a person requiring reasonable available for public inspection and virutally with virtual attendance only. accommodation, please make requests copying. The public may inspect The url for the meeting can be found at in advance for sign language comments received at Monongahela the following website: https://www.fs. interpreting, assistive listening devices, National Forest Headquarters Building. usda.gov/main/custergallatin/working or other reasonable accommodation. For Please call ahead to facilitate entry into together/advisorycommittees. access to the facility or proceedings, the building. Written comments may be submitted please contact the person listed in the FOR FURTHER INFORMATION CONTACT: Julie as described under SUPPLEMENTARY section titled FOR FURTHER INFORMATION Fosbender, RAC Coordinator, by phone INFORMATION. All comments, including CONTACT. All reasonable at 304–635–4446 or via email at names and addresses when provided, accommodation requests are managed [email protected]. are placed in the record and are on a case by case basis. Individuals who use available for public inspection and Dated: May 12, 2020. telecommunication devices for the deaf copying. The public may inspect (TDD) may call the Federal Information comments received at the Custer Cikena Reid, Relay Service (FIRS) at 1–800–877–8339 Gallatin National Forest Supervisor’s USDA Committee Management Officer. between 8:00 a.m. and 8:00 p.m., Office. Please call ahead at 406–587– [FR Doc. 2020–10541 Filed 5–15–20; 8:45 am] Eastern Standard Time, Monday 6701 to facilitate entry into the building. BILLING CODE 3411–15–P through Friday.

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SUPPLEMENTARY INFORMATION: The authorized under the Rural economy of $100,000,000 or more. purpose of the meeting is to: Electrification Act of 1936, as amended Accordingly, there will be a mandatory 1. Review and discuss Title II (the RE Act), and related terms. The 60-day delay in effectiveness to award projects; and Agriculture Improvement Act of 2018 loan funds. However, applications will 2. Allow project proponents to (the 2018 Farm Bill), enacted on be accepted for 60 days beginning May present their projects and answer December 20, 2018, amended Section 18, 2020 as stated in the DATES section questions from the committee. 313A of the RE Act. Applications under of this NOSA. The meeting is open to the public. this NOSA will be considered under the Overview The agenda will include time for people new statutory provisions. Those to make oral statements of three minutes provisions supersede any prior Federal Agency: Rural Utilities or less. Individuals wishing to make an inconsistent policy, regulation or Service, USDA. oral statement should request in writing guidance. The 2018 Farm Bill instructs Funding Opportunity Title: by May 29, 2020, to be scheduled on the RUS to continue to carry out this Guarantees for Bonds and Notes Issued agenda. Anyone who would like to program under a Notice until new for Electrification or Telephone bring related matters to the attention of regulations are implemented. Purposes for Fiscal Year (FY) 2020. Announcement Type: Guarantees for the committee may file written DATES: Complete applications must be Bonds and Notes. statements with the committee staff received or post marked by RUS no later before or after the meeting. Written Catalog of Federal Domestic than 5:00 p.m. Eastern Daylight Time Assistance (CFDA) Number: 10.850. comments and requests for time to make (EDT) July 17, 2020. oral comments must be sent to Julie Due Date for Applications: Completed ADDRESSES: Applicants are required to applications must be received or post Fosbender, RAC Coordinator, submit one original and two copies of Monongahela National Forest marked by RUS no later than 5:00 p.m. their loan application to the U.S. Eastern Daylight Time (EDT) July 17, Headquarters Building 200 Sycamore Department of Agriculture, Rural 2020. Street, Elkins, West Virginia 26241; by Utilities Service, Electric Program, email to [email protected]; or ATTN: Amy McWilliams, Program Items in Supplementary Information via facsimile to 304–637–0582. Advisor, 1400 Independence Avenue I. Funding Opportunity Description Meeting Accommodations: If you are SW, STOP 1560, Room 5165–S, II. Award Information a person requiring reasonable Washington, DC 20250–1560. III. Eligibility Information accommodation, please make requests IV. Fiscal Year 2020 Application and FOR FURTHER INFORMATION CONTACT: For in advance for sign language Submission Information interpreting, assistive listening devices, further information contact Amy V. Application Review Information or other reasonable accommodation. For McWilliams, Program Advisor, 1400 VI. Issuance of Guarantee access to the facility or proceedings, Independence Avenue SW, STOP 1560, VII. Guarantee Agreement VIII. Reporting Requirements please contact the person listed in the Room 5165–S, Washington, DC 20250– 1560. Telephone: (202) 205–8663; fax: IX. Award Administration Information section titled FOR FURTHER INFORMATION (844) 749–0736; or email: X. National Environmental Policy Act CONTACT. All reasonable [email protected]. Certification accommodation requests are managed XI. Other Information and Requirements on a case by case basis. SUPPLEMENTARY INFORMATION: Under the XII. Agency Contacts: Website, Phone, Fax, 313A Program, in accordance with the Email, Contact Name Dated: May 12, 2020. 2018 Farm Bill, the Federal Financing XIII. Non-Discrimination Statement: USDA Cikena Reid, Bank (FFB) will make loans to the Non-Discrimination Statement, How To Committee Management Officer. selected applicant(s) and RUS will File a Complaint, Persons With [FR Doc. 2020–10508 Filed 5–15–20; 8:45 am] guarantee the applicant(s)’s repayment Disabilities BILLING CODE 3411–15–P of the loans to FFB. The 2018 Farm Bill I. Funding Opportunity Description amended the RE Act to allow selected applicants to use the proceeds of loan A. Purpose and Objectives of the 313A DEPARTMENT OF AGRICULTURE funds made available under this NOSA Program for the 313A Program to make utility The purpose of the 313A Program is Rural Utilities Service infrastructure loans (which includes to make guaranteed loans to selected applicants (each referred to as Announcement of Application broadband loans) or to refinance, subject ‘‘Guaranteed Lender’’ in this NOSA and Deadlines and Requirements for to certain limitations, bonds or notes issued for such purposes to an applicant in the Program Regulations) that are to Section 313A Guarantees for Bonds be used (i) to make utility infrastructure and Notes Issued for Utility that has at any time received, or is eligible to receive, a loan under the RE loans or (ii) to refinance bonds or notes Infrastructure Loans for Fiscal Year issued for such purposes to a borrower (FY) 2020 Act. In addition, the 2018 Farm Bill amendments to the RE Act removed the that has at any time received, or is AGENCY: Rural Utilities Service, USDA. prohibition against the use of proceeds eligible to receive, a loan under the RE ACTION: Notice of Solicitation of of loan funds made available under the Act. Each applicant must provide a Applications (NOSA). 313A Program for projects for the statement on how it proposes to use the generation of electricity. proceeds of the guaranteed bonds, and SUMMARY: The Rural Utilities Service the financial benefit it anticipates (RUS), an agency of the United States Congressional Review Act deriving from participating in the Department of Agriculture (USDA), Pursuant to the Congressional Review program pursuant to 7 CFR 1720.6(a)(3). announces the application window and Act (5 U.S.C. 801 et seq.), the Office of Objectives may include, but are not requirements and $750 million in loan Information and Regulatory Affairs in limited to the annual savings to be funding that is available for Fiscal Year the Office of Management and Budget realized by the ultimate borrower(s) as (FY) 2020 under the Guarantees for designated this action as a major rule, as a result of the applicant’s use of lower Bonds and Notes Issued for utility defined by 5 U.S.C. 804(2), because it cost loan funds provided by FFB and infrastructure loans (the 313A Program) will result in an annual effect on the guaranteed by RUS.

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The 2018 Farm Bill modified the Schedule of Loan Repayment: The area within the Federated States of 313A Program by amending the RE Act amortization method for the repayment Micronesia, the Marshall Islands, and to allow proceeds of guaranteed bonds of the guaranteed loan shall be repaid by the Republic of Palau) other than a city, awarded under this NOSA to be used to the Guaranteed Lender: (i) In periodic town, or unincorporated area that has a make broadband loans, or to refinance installments of principal and interest, population of greater than 20,000 broadband loans, made to a borrower (ii) in periodic installments of interest inhabitants; and (ii) any area within a that has received, or is eligible to and, at the end of the term of the bond service area of a borrower for which a receive, a broadband loan under Title VI or note, as applicable, by the repayment borrower has an outstanding loan as of of the RE Act. As a result, to the extent of the outstanding principal, or (iii) June 18, 2008, made under titles I that the proceeds of guaranteed bonds through a combination of the methods through V of the Rural Electrification are to be used to fund or refinance described in (i) and (ii) above. The Act of 1936, as amended (7 U.S.C. 901– broadband loans that were not made by amortization method will be agreed to 950cc–2). For initial loans to a borrower RUS (‘‘Non Broadband Loans’’), such by RUS and the Guaranteed Lender. made after June 18, 2008, the ‘‘rural’’ proceeds may only be used for Non III. Eligibility Information character of an area is determined at the Broadband Loans that would meet the time of the initial loan to furnish or amended eligibility requirements of A. Eligible Applicants improve service in the area. Title VI pursuant to the 2018 Farm Bill. 1. To be eligible to participate in the The 2018 Farm Bill has also modified IV. Fiscal Year 2020 Application and 313A Program, a Guaranteed Lender Submission Information the 313A Program to allow the proceeds must be: of guaranteed loans made under this a. A bank or other lending institution A. Applications NOSA to be used by the Guaranteed organized as a private, not-for-profit Lender to fund projects for the cooperative association, or otherwise All applications must be prepared and generation of electricity. organized on a non-profit basis; submitted in accordance with this NOSA and 7 CFR part 1720 (available B. Statutory Authority b. Able to demonstrate to the Administrator that it possesses the online at http://www.ecfr.gov/cgi-bin/ The 313A Program is authorized by appropriate expertise, experience, and text-idx?SID=9295e45c9a0f6a857 Section 313A of the Rural Electrification qualifications to make loans for utility d800fbec5dde2fb&mc=true&node Act of 1936, as amended (7 U.S.C. infrastructure purposes (to the extent =pt7.11.1720&rgn=div5). 940c–1) (the RE Act) and is that the applicant intends to use the implemented by regulations located at 7 B. Content and Form of Submission guaranteed loan funds for such CFR part 1720, in accordance with the purpose); and In addition to the required application 2018 Farm Bill. The Administrator of c. Able to demonstrate to the specified in 7 CFR 1720.6, all applicants RUS (the Administrator) has been Administrator that it has bonds or notes must submit the following additional delegated responsibility for eligible for refinancing under the 313A required documents and materials: administering the 313A Program. Program (to the extent that the applicant 1. Form AD–1047, Certification C. Definition of Terms intends to use the guaranteed loan funds Regarding Debarment, Suspension, and for such purpose). The definitions applicable to this Other Responsibility Matters Primary 2. To be eligible to receive a NOSA are published at 7 CFR 1720.3. Covered Transactions guarantee, a Guaranteed Lender’s bond D. Application Awards must meet the following criteria: This form contains certain RUS will review and evaluate a. The Guaranteed Lender must certifications relating to debarment and applications received in response to this furnish the Administrator with a suspension, convictions, criminal NOSA based on the regulations at 7 CFR certified list of the principal balances of charges, and the termination of public 1720.7, and as provided in this NOSA. eligible loans outstanding and certify transactions (See 2 CFR part 417, and 7 that such aggregate balance is at least II. Award Information CFR 1710.123.) This form is available at equal to the sum of the proposed https://www.ocio.usda.gov/document/ Type of Awards: Guaranteed Loans. principal amount of guaranteed bonds ad-1047. Fiscal Year Funds: FY 2020. to be issued, including any previously Available Funds: $750 million. issued guaranteed bonds outstanding; 2. Restrictions on Lobbying Should additional funding become b. The guaranteed bonds to be issued available this fiscal year, the RUS by the Guaranteed Lender would receive Applicants must comply with the reserves the right to increase the total an underlying investment grade rating requirements relating to restrictions on funds available under this notice. from a Rating Agency, without regard to lobbying activities. (See 2 CFR part 418, Award Amounts: RUS anticipates the guarantee; and and 7 CFR 1710.125.) This form is making multiple guarantees under this 3. A lending institution’s status as an available at https://www.gsa.gov/forms- NOSA. The number, amount and terms eligible applicant does not assure that library/disclosure-lobbying-activities; of awards under this NOSA will depend the Administrator will issue the 3. Uniform Relocation Act Assurance in part on the number of eligible guarantee sought in the amount or Statement applications and the amount of funds under the terms requested, or otherwise requested. In determining whether or preclude the Administrator from Applicants must comply with 49 CFR not to make an award, RUS will take declining to issue a guarantee. part 24, which implements the Uniform overall program policy objectives into Relocation Assistance and Real Property B. Other Eligibility Requirements account. Acquisition Policies Act of 1970, as Due Date for Applications: See Applications will only be accepted amended. (See 7 CFR 1710.124.) This SUPPLEMENTARY INFORMATION above. from lenders that serve rural areas form is available at http:// Award Date: Awards will be made on defined in 7 CFR 1710.2(a) as (i) any www.rd.usda.gov/publications/ or before September 30, 2020, but no area of the United States, its territories regulations-guidelines/electric-sample- earlier than July 17, 2020. and insular possessions (including any documents;

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4. Federal Debt Delinquency whether it is eligible under 7 CFR IX. Award Administration Information Requirements 1720.5, the information required under Award Notices This report indicates whether the 7 CFR 1720.6 is complete, and the RUS will send a commitment letter to applicants are delinquent on any proposed guaranteed bond complies an applicant once the loan is approved. Federal debt (See 7 CFR 1710.126 and with applicable statutes and regulations. Applicants must accept and commit to 7 CFR 1710.501(a)(13)). This form (the The Administrator can at any time reject all terms and conditions of the loan Federal Debt Delinquency Certification) an application that fails to meet these which are requested by RUS and FFB as is available at http://www.rd.usda.gov/ requirements. follows: publications/regulations-guidelines/ b. Applications will be subject to a electric-sample-documents; substantive review, on a competitive 1. Compliance Conditions basis, by the Administrator based upon In addition to the standard conditions 5. RUS Form 266, Compliance the evaluation factors listed in 7 CFR Assurance placed on the 313A Program or 1720.7(b). conditions requested by RUS to ensure Applicants must submit a non- loan security and statutory compliance, discrimination assurance commitment 2. Decisions by the Administrator applicants must comply with the to comply with certain regulations on The Administrator may limit the following conditions: non-discrimination in program services number of guarantees made to a a. Each Guaranteed Lender selected and benefits and on equal employment maximum of five per year, to ensure a under the 313A Program will be opportunity as set forth in 7 CFR parts sufficient examination is conducted of required to post collateral for the benefit 15 and 15b and 45 CFR part 90. This applicant requests. RUS will notify the of RUS in an amount equal to the form is available at: https:// applicant in writing of the aggregate amount of loan advances www.rd.usda.gov/files/UP_ET_form_ Administrator’s approval or denial of an made to the Guaranteed Lender under 266.pdf; application. Approvals for guarantees the 313A Program. 6. Articles of Incorporation and Bylaws will be conditioned upon compliance b. The pledged collateral (the Pledged with 7 CFR 1720.4 (in accordance with See 7 CFR 1710.501(a)(14). These are Collateral) shall consist of outstanding the 2018 Farm Bill) and 7 CFR 1720.6. notes or bonds payable to the required if either document has been The Administrator reserves the amended since the last loan application Guaranteed Lender (the Eligible discretion to approve an application for Securities) and shall be placed on was submitted to RUS, or if this is the an amount less than that requested. applicant’s first application for a loan deposit with a collateral agent for the under the RE Act; and B. Independent Assessment benefit of RUS. To be deemed Eligible Securities that can be pledged as 7. Form AD–3030, Representations Before a guarantee decision is made collateral, the notes or bonds to be Regarding Felony Conviction and Tax by the Administrator, the Administrator pledged (i) cannot be classified as non- Delinquent Status for Corporate shall request that FFB review the rating performing, impaired, or restructured Applications agency determination required by 7 CFR under generally accepted accounting Corporate applicants are required to 1720.5(b)(2) as to whether the bond or principles, (ii) must be free and clear of complete and submit Form AD–3030 note to be issued would receive an all liens other than the lien created for with their applications. This form is investment grade rating without regard the benefit of RUS, (iii) cannot be available at https://www.ocio.usda.gov/ to the guarantee. comprised of more than 30% of bonds document/ad3030. VI. Issuance of the Guarantee or notes from generation and transmission borrowers, (iv) cannot C. Supplemental Documents for The requirements under this section have more than 5% of notes and bonds Submission must be met by the applicant prior to be from any one particular borrower and 1. Cash Flow Projections and the endorsement of a guarantee by the (v) cannot be unsecured notes. Assumptions Administrator (See 7 CFR 1720.8.) c. The Guaranteed Lender will be Each applicant must include five-year VII. Guarantee Agreement required to place a lien on the Pledged pro-forma cash flow projections or Collateral in favor of RUS (as secured Each Guaranteed Lender will be business plans and clearly state the party) at the time that the Pledged required to enter into a Guarantee assumptions that underlie the Collateral is deposited with the Agreement with RUS that contains the projections, demonstrating that there is collateral agent. RUS will have the right, provisions described in 7 CFR 1720.8 reasonable assurance that the applicant in its sole discretion, within 14 business (Issuance of the Guarantee), 7 CFR will be able to repay the guaranteed loan days to reject and require the 1720.9 (Guarantee Agreement), and 7 in accordance with its terms (See 7 CFR substitution of any Pledged Collateral CFR 1720.12 (Reporting Requirements). 1720.6(a)(4)). that the Guaranteed Lender deposits as The Guarantee Agreement will also collateral with the collateral agent. Prior 2. Pending Litigation Statement obligate the Guaranteed Lender to pay, to receiving any advances under the A statement from the applicant’s on an annual basis, a guarantee fee 313A Program, the Guaranteed Lender counsel listing any pending litigation, equal to 30 basis points (0.30 percent) will be required to enter into a pledge including levels of related insurance of the outstanding principal amount of agreement, satisfactory to RUS, with a coverage and the potential effect on the the guaranteed loan (See 7 CFR banking institution serving as collateral applicant, must be submitted to RUS. 1720.10). agent. d. The Guaranteed Lender will be VIII. Reporting Requirements V. Application Review Information required to maintain Pledged Collateral A. Application Evaluation Guaranteed Lenders are required to at a level that is sufficient to ensure that comply with the financial reporting in the event of default resources will be 1. Administrator Review requirements and Pledged Collateral available to cover principal, interest, a. Each application will be reviewed review and certification requirements fees and reasonable expenses incurred by the Administrator to determine set forth in 7 CFR 1720.12. by RUS as a result of a default or

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incurred pursuant to RUS’s obligation to X. National Environmental Policy Act Language, etc.) should contact the make related payments to FFB on all Certification responsible Agency or USDA’s TARGET guarantees issued by RUS to FFB for the For any proceeds to be used to Center at (202) 720–2600 (voice and benefit of the Guaranteed Lender under refinance bonds and notes previously TTY) or contact USDA through the Section 313A of the RE Act. The issued by the Guaranteed Lender for RE Federal Relay Service at (800) 877–8339. Guaranteed Lender will also be required Act purposes that are not obligated for Additionally, program information may to agree that the Pledged Collateral can specific projects, RUS has determined be made available in languages other be used for such purposes. that these financial actions will not than English. e. The Guaranteed Lender will be individually or cumulatively have a To file a program discrimination required to agree to not to take any significant effect on the human complaint, complete the USDA Program action that would have the effect of environment as defined by the National Discrimination Complaint Form, AD– reducing the value of the pledged Environmental Policy Act of 1969 (42 3027. Individuals wishing to file a collateral below the level described U.S.C. 4321 et seq.) and its discrimination complaint may use the above. implementing regulations at 40 CFR form available at http:// f. Applicants must certify to the RUS, parts 1500–1508. However, for any new www.ocio.usda.gov/policy-directives- the portion of their loan portfolio that is: projects funded through the 313A records-forms/forms-management/ (1) Refinanced RUS debt; Program, applicants must consult with approved-computer-generated-forms (2) Debt of borrowers for whom both RUS and comply with the Agency and at any USDA office, or may write RUS and the applicants have regulations at 7 CFR part 1970. a letter addressed to USDA and provide outstanding loans; and in the letter all of the information XI. Other Information and (3) Debt of borrowers for whom both requested in the form. To request a copy Requirements RUS and the applicant have outstanding of the complaint form, call (866) 632– concurrent loans pursuant to Section Applications must contain all the 9992. Submit your completed form or 307 of the RE Act, and the amount of required elements of this NOSA and all letter to USDA by: Eligible Loans. standard requirements as required by 7 (1) Mail: U.S. Department of CFR part 1720. Additional supporting Agriculture, Office of the Assistant 2. Compliance With Federal Laws data or documents may be required by Secretary for Civil Rights, 1400 Applicants must comply with all RUS depending on the individual Independence Avenue SW, Washington, applicable Federal laws and regulations. application or financial conditions. All DC 20250–9410; a. This obligation is subject to the applicants must comply with all Federal (2) Fax: (202) 690–7442; or provisions contained in the laws and regulations. (3) Email: [email protected]. USDA is an equal opportunity Consolidated Appropriations Act, 2020, XII. Agency Contacts provider, employer, and lender. Public Law 116–93, Division C, Title VII, Sections 744 and 745, as amended A. Website: https://www.rd.usda.gov/ Authority: 7 U.S.C. 940c–1. contact-us/national-office/rus. and/or subsequently enacted for USDA Chad Rupe, agencies and offices, regarding the B. Phone: (202) 720–9540. C. Fax: None. Administrator, Rural Utilities Service. prohibition against RUS making awards D. Email: [email protected]. to applicants having corporate felony [FR Doc. 2020–10507 Filed 5–15–20; 8:45 am] E. Main point of contact: Amy BILLING CODE 3410–15–P convictions within the past 24 months McWilliams, Program Advisor; or to applicants having corporate federal [email protected]; TEL: (202) tax delinquencies. 720 9540 or (202) 205–8663. b. An authorized official within your COMMISSION ON CIVIL RIGHTS organization must execute, date, and XIII. USDA Non-Discrimination Notice of Public Meeting of the Ohio return the loan commitment letter and Statement Advisory Committee to the U.S. the Assurance Regarding Felony In accordance with Federal civil Commission on Civil Rights Conviction or Tax Delinquent Status for rights law and U.S. Department of Corporate Applicants (Form AD–3031) Agriculture (USDA) civil rights AGENCY: U.S. Commission on Civil to RUS within 14 calendar days from regulations and policies, the USDA, its Rights. the date of the loan commitment letter, Agencies, offices, and employees, and ACTION: Announcement of meeting. or by September 25, 2020, if the loan is institutions participating in or approved after September 10, 2020; administering USDA programs are SUMMARY: Notice is hereby given, otherwise, the commitment will be void. prohibited from discriminating based on pursuant to the provisions of the rules This form is available at https:// race, color, national origin, religion, sex, and regulations of the U.S. Commission www.ocio.usda.gov/document/ad3031. gender identity (including gender on Civil Rights (Commission) and the c. Uniform Commercial Code (UCC) expression), sexual orientation, Federal Advisory Committee Act that Filing. The Borrower must provide RUS disability, age, marital status, family/ the Ohio Advisory Committee with evidence that the Borrower has parental status, income derived from a (Committee) will hold a meeting via filed the UCC financing statement public assistance program, political teleconference on Thursday, June 4, required by 7 CFR 1720.8(a)(2). Upon beliefs, or reprisal or retaliation for prior 2020, at 10:00 a.m. Eastern Time for the filing of the appropriate UCC financing civil rights activity, in any program or purpose of discussing civil rights in the statement, the Guaranteed Lender will activity conducted or funded by USDA state. provide RUS with a perfection opinion (not all bases apply to all programs). DATES: The meeting will be held on by outside counsel which demonstrates Remedies and complaint filing Thursday, June 4, 2020, at 10:00 a.m. that RUS’s security interest in the deadlines vary by program or incident. Eastern Time pledged collateral under the Pledge Persons with disabilities who require Public Call Information: Dial: 800– Agreement is perfected. alternative means of communication for 367–2403, Confirmation Code: 9519806. d. Additional conditions may be program information (e.g., Braille, large FOR FURTHER INFORMATION CONTACT: instituted for future obligations. print, audiotape, American Sign Melissa Wojnaroski, DFO, at

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[email protected] or 202 618– COMMISSION ON CIVIL RIGHTS Persons who desire additional 4158. information may contact the Eastern Notice of Public Meeting of the West Regional Office at (202) 376–7533. SUPPLEMENTARY INFORMATION: Members Virginia Advisory Committee Records and documents discussed of the public may listen to the during the meeting will be available for AGENCY: discussion. This meeting is available to Commission on Civil Rights. public viewing as they become available the public through the above listed toll ACTION: Announcement of meeting. at: https://www.facadatabase.gov/ free number. An open comment period FACA/FACAPublicViewCommittee SUMMARY: Notice is hereby given, will be provided to allow members of Details?id=a10t0000001gzmCAAQ; pursuant to the provisions of the rules the public to make a statement as time click the ‘‘Meeting Details’’ and and regulations of the U.S. Commission allows. The conference call operator ‘‘Documents’’ links. Records generated on Civil Rights (Commission), and the will ask callers to identify themselves, from this meeting may also be inspected Federal Advisory Committee Act the organization they are affiliated with and reproduced at the Eastern Regional (FACA) that a meeting of the West (if any), and an email address prior to Office, as they become available, both Virginia Advisory Committee to the placing callers into the conference before and after the meetings. Persons Commission will convene by conference room. Callers can expect to incur regular interested in the work of this advisory call at 11:30 a.m. (ET) on Tuesday, June charges for calls they initiate over committee are advised to go to the 2, 2020. The purpose of the meeting is wireless lines, according to their Commission’s website, www.usccr.gov, to discuss possible topics for the wireless plan. The Commission will not or to contact the Eastern Regional Office Committee’s civil rights project. refund any incurred charges. Callers at the above phone number, email or will incur no charge for calls they DATES: Tuesday, June 2, 2020 at 11:30 street address. initiate over land-line connections to a.m. (ET). the toll-free telephone number. Persons Public Call-In Information: Agenda with hearing impairments may also Conference call-in number: 1–800–367– June 2, 2020 at 11:30 a.m. (ET) follow the proceedings by first calling 2403 and conference call ID number: the Federal Relay Service at 1–800–877– 2629531. I. Rollcall 8339 and providing the Service with the II. Welcome FOR FURTHER INFORMATION CONTACT: Ivy III. Project Planning conference call number and Davis at [email protected] or by phone at IV. Other Business confirmation code. 202–376–7533. V. Next Meeting Members of the public are also SUPPLEMENTARY INFORMATION: Interested VI. Open Comments entitled to submit written comments; members of the public may listen to the VII. Adjourn the comments must be received in the discussion by calling the following toll- Dated: May 13, 2020. regional office within 30 days following free conference call-in number: 1–800– David Mussatt, the meeting. Written comments may be 367–2403 and conference call ID emailed to Carolyn Allen at callen@ Supervisory Chief, Regional Programs Unit. number: 2629531. Please be advised that usccr.gov in the Regional Programs Unit [FR Doc. 2020–10567 Filed 5–15–20; 8:45 am] before being placed into the conference Office/Advisory Committee BILLING CODE P call, the conference call operator will Management Unit. Persons who desire ask callers to provide their names, their additional information may contact the organizational affiliations (if any), and Regional Programs Unit Office at 202 COMMISSION ON CIVIL RIGHTS email addresses (so that callers may be 618–4158. notified of future meetings). Callers can Notice of Public Meeting of the Records generated from this meeting expect to incur charges for calls they Kentucky Advisory Committee; may be inspected and reproduced at the initiate over wireless lines, and the Correction. Regional Programs Unit Office, as they Commission will not refund any AGENCY: Commission on Civil Rights. become available, both before and after incurred charges. Callers will incur no ACTION: the meeting. Records of the meeting will charge for calls they initiate over land- Notice; revision to meeting time. be available via www.facadatabase.gov line connections to the toll-free SUMMARY: The Commission on Civil under the Commission on Civil Rights, conference call-in number. Ohio Advisory Committee link. Persons Rights published a notice in the Federal Persons with hearing impairments Register of Tuesday, April 21, 2020, interested in the work of this Committee may also follow the discussion by first are also directed to the Commission’s concerning a meeting of the Kentucky calling the Federal Relay Service at 1– Advisory Committee. The document website, http://www.usccr.gov, or may 888–364–3109 and providing the contact the Regional Programs Unit contained a time that is now changed to operator with the toll-free conference a new time. office at the above email address or call-in number: 1–800–367–2403 and phone number. FOR FURTHER INFORMATION CONTACT: conference call ID number: 2629531. Carolyn Allen, (202) 602–2375, callen@ Agenda Members of the public are invited to usccr.gov make statements during the Public Welcome and Roll Call Correction: In the Federal Register of Comments section of the Agenda. They Tuesday, April 21, 2020, in FR Doc. Approval of Minutes are also invited to submit written 2020–08430, on pages 22125–22126, Discussion: Civil Rights in Ohio comments, which must be received in third column of 22125, correct the time Public Comment the regional office approximately 30 to read: Tuesday, May 19, 2020 at 3:00 Adjournment days after the scheduled meeting. p.m. (EDT). Written comments may be mailed to the Dated: May 13, 2020. Eastern Regional Office, U.S. Dated: May 13, 2020. David Mussatt, Commission on Civil Rights, 1331 David Mussatt, Supervisory Chief, Regional Programs Unit. Pennsylvania Avenue, Suite 1150, Supervisory Chief, Regional Programs Unit. [FR Doc. 2020–10613 Filed 5–15–20; 8:45 am] Washington, DC 20425 or emailed to [FR Doc. 2020–10580 Filed 5–15–20; 8:45 am] BILLING CODE P Corrine Sanders at [email protected]. BILLING CODE 6335–01–P

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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE reviews the procedures developed for conducting investigations; and reviews Foreign-Trade Zones Board National Institute of Standards and the reports issued documenting [Order No. 2096] Technology investigations. Background information on the NCST Act and information on the Reorganization of Foreign-Trade Zone National Construction Safety Team NCST Advisory Committee is available 32 (Expansion of Service Area) Under Advisory Committee Meeting at https://www.nist.gov/topics/disaster- Alternative Site Framework, Miami, AGENCY: National Institute of Standards failure-studies/national-construction- Florida and Technology, Department of safety-team-ncst/advisory-committee. Pursuant to the Federal Advisory Pursuant to its authority under the Commerce. Committee Act, as amended, 5 U.S.C. Foreign-Trade Zones Act of June 18, ACTION: Notice of open meeting. App., notice is hereby given that the 1934, as amended (19 U.S.C. 81a–81u), NCST Advisory Committee will meet on the Foreign-Trade Zones Board (the SUMMARY: The National Construction Tuesday, June 30, 2020, from 10:30 a.m. Board) adopts the following Order: Safety Team (NCST) Advisory Whereas, the Foreign-Trade Zones Committee (Committee) will hold a to 3:40 p.m. Eastern Time and (FTZ) Act provides for ‘‘. . . the virtual meeting via web conference on Wednesday, July 1, 2020, from 11:00 establishment . . . of foreign-trade Tuesday, June 30, 2020, from 10:30 a.m. a.m. to 1:00 p.m. Eastern Time. The zones in ports of entry of the United to 3:40 p.m. Eastern Time and meeting will be open to the public, and States, to expedite and encourage Wednesday, July 1, 2020, from 11:00 will be held via web conference. foreign commerce, and for other a.m. to 1:00 p.m. Eastern Time. The Interested members of the public will be purposes,’’ and authorizes the Board to primary purpose of this meeting is to able to participate in the meeting from grant to qualified corporations the update the Committee on the status of remote locations. The primary purpose privilege of establishing foreign-trade the NCST investigation focused on the of this meeting is to update the zones in or adjacent to U.S. Customs impacts of Hurricane Maria on Puerto Committee on the status of the NCST and Border Protection ports of entry; Rico, and the implementation of investigation focused on the impacts of Whereas, the Board adopted the recommendations from previous NCST Hurricane Maria on Puerto Rico, and the alternative site framework (ASF) (15 investigations, including the Joplin implementation of recommendations CFR 400.2(c)) as an option for the tornado investigation. The agenda may from previous NCST investigations, establishment or reorganization of change to accommodate Committee including the Joplin tornado zones; business. The final agenda will be investigation. The agenda may change to Whereas, Greater Miami Foreign- posted on the NIST website at https:// accommodate Committee business. The Trade Zone, Inc., grantee of Foreign- www.nist.gov/topics/disaster-failure- final agenda will be posted on the NIST Trade Zone 32, submitted an studies/national-construction-safety- website at https://www.nist.gov/topics/ application to the Board (FTZ Docket B– team-ncst/advisory-committee-meetings. disaster-failure-studies/national- 74–2019, docketed December 3, 2019) DATES: The NCST Advisory Committee construction-safety-team-ncst/advisory- for authority to expand the service area will meet on Tuesday, June 30, 2020, committee-meetings. of the zone to include all of Miami-Dade from 10:30 a.m. to 3:40 p.m. Eastern Individuals and representatives of County, Florida, as described in the Time and Wednesday, July 1, 2020, organizations who would like to offer application, within and adjacent to the from 11:00 a.m. to 1:00 p.m. Eastern comments and suggestions related to Miami U.S. Customs and Border Time. items on the Committee’s agenda for Protection port of entry; this meeting are invited to request a Whereas, notice inviting public ADDRESSES: The meeting will be held place on the agenda. Approximately comment was given in the Federal via web conference. For instructions on fifteen minutes will be reserved for Register (84 FR 66873, December 6, how to participate in the meeting, public comments and speaking times 2019) and the application has been please see the SUPPLEMENTARY will be assigned on a first-come, first- processed pursuant to the FTZ Act and INFORMATION section of this notice. served basis. Public comments can be the Board’s regulations; and, FOR FURTHER INFORMATION CONTACT: provided via email or by web Whereas, the Board adopts the Maria Dillard, Community Resilience conference attendance. The amount of findings and recommendations of the Program, Engineering Laboratory, NIST, time per speaker will be determined by examiner’s report, and finds that the 100 Bureau Drive, Mail Stop 8615, the number of requests received. requirements of the FTZ Act and the Gaithersburg, Maryland 20899–8604. Questions from the public will not be Board’s regulations are satisfied; Maria Dillard’s email address is considered during this period. All those Now, therefore, the Board hereby [email protected]; and her phone wishing to speak must submit their orders: number is (202) 281–0908. request by email to the attention of The application to reorganize FTZ 32 SUPPLEMENTARY INFORMATION: The Gwynaeth Broome at to expand the service area under the Committee was established pursuant to [email protected] by 5:00 p.m. ASF is approved, subject to the FTZ Act Section 11 of the NCST Act (Pub. L. Eastern Time, Tuesday, June 9, 2020. and the Board’s regulations, including 107–231, codified at 15 U.S.C. 7301 et Speakers who wish to expand upon Section 400.13, and to the Board’s seq.). The Committee is currently their oral statements, those who wish to standard 2,000-acre activation limit for composed of six members, appointed by speak but cannot be accommodated on the zone. the Director of NIST, who were selected the agenda, and those who are unable to Dated: May 12, 2020. on the basis of established records of attend are invited to submit written Jeffrey I. Kessler, distinguished service in their statements to the NCST, National Assistant Secretary for Enforcement and professional community and their Institute of Standards and Technology, Compliance, Alternate Chairman, Foreign- knowledge of issues affecting the 100 Bureau Drive, MS 8604, Trade Zones Board. National Construction Safety Teams. Gaithersburg, Maryland 20899–8604, or [FR Doc. 2020–10611 Filed 5–15–20; 8:45 am] The Committee advises the Director of electronically by email to BILLING CODE 3510–DS–P NIST on carrying out the NCST Act; [email protected].

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Anyone wishing to attend this by clicking on the ‘‘comment’’ button Oversight, Commodity Futures Trading meeting via web conference must next to the information collection on the Commission, (202) 418–5717; email: register by 5:00 p.m. Eastern Time, ‘‘OIRA Information Collections Under [email protected], and refer to OMB Tuesday, June 9, 2020, to attend. Please Review’’ page, or the ‘‘View ICR— Control No. 3038–0093. submit your full name, email address, Agency Submission’’ page. A copy of SUPPLEMENTARY INFORMATION: and phone number to Gwynaeth Broome the supporting statement for the Title: Part 40, Provisions Common To at [email protected]. collection of information discussed Registered Entities (OMB Control No. herein may be obtained by visiting 3038–0093). This is a request for Kevin A. Kimball, https://www.reginfo.gov/public/do/ Chief of Staff. extension of a currently approved PRAMain. information collection. [FR Doc. 2020–10538 Filed 5–15–20; 8:45 am] In addition to the submission of Abstract: This collection of BILLING CODE 3510–13–P comments to https://Reginfo.gov as information involves the collection and indicated above, a copy of all comments submission to the Commission of submitted to OIRA may also be DEPARTMENT OF COMMERCE information from registered entities submitted to the Commodity Futures concerning new products, rules, and Trading Commission (the Patent and Trademark Office rule amendments pursuant to the ‘‘Commission’’ or ‘‘CFTC’’) by clicking procedures outlined in §§ 40.2, 40.3, [Docket No.: PTO–P–2020–0026] on the ‘‘Submit Comment’’ box next to 40.5, 40.6, and 40.10 found in 17 CFR the descriptive entry for OMB Control part 40. An agency may not conduct or COVID–19 Prioritized Examination Pilot No. 3038–0093, at https:// sponsor, and a person is not required to Program comments.cftc.gov/FederalRegister/ respond to, a collection of information PublicInfo.aspx. Or by either of the unless it displays a currently valid OMB Correction following methods: In Notice document 2020–10372, • Mail: Christopher Kirkpatrick, control number. On March 10, 2020, the appearing on pages 28932–28935, in the Secretary of the Commission, Commission published in the Federal issue of Thursday, May 14, 2020, make Commodity Futures Trading Register notice of the proposed the following correction: Commission, Three Lafayette Centre, extension of this information collection On page 28933, in the first column, 1155 21st Street NW, Washington, DC and provided 60 days for public under the heading ‘‘DATES:’’, on the 20581. comment on the proposed extension, 85 sixth line, the date reading ‘‘July 13, • Hand Delivery/Courier: Same as FR 13876 (‘‘60-Day Notice’’). The 2020’’ should read ‘‘May 14, 2020’’. Mail above. Commission did not receive any [FR Doc. C1–2020–10372 Filed 5–14–20; 4:15 pm] All comments must be submitted in relevant comments on the 60-Day BILLING CODE 1301–01–D English, or if not, accompanied by an Notice. English translation. Comments Burden Statement: Registered entities submitted to the Commission should must comply with certification and COMMODITY FUTURES TRADING include only information that you wish approval requirements which include COMMISSION to make available publicly. If you wish an explanation and analysis when the Commission to consider information seeking to implement new products, Agency Information Collection that you believe is exempt from rules, and rule amendments, including Activities Under OMB Review disclosure under the Freedom of changes to product terms and Information Act, a petition for conditions. The Commission’s AGENCY: Commodity Futures Trading confidential treatment of the exempt regulations §§ 40.2, 40.3, 40.5, 40.6 and Commission. information may be submitted according 40.10 provide procedures for the ACTION: Notice. to the procedures established in § 145.9 submission of rules and rule of the Commission’s regulations.1 The amendments by designated contract SUMMARY: In compliance with the Commission reserves the right, but shall markets, swap execution facilities, Paperwork Reduction Act of 1995 have no obligation, to review, pre- derivatives clearing organizations, and (PRA), this notice announces that the screen, filter, redact, refuse or remove swap data repositories. They establish Information Collection Request (ICR) any or all of your submission from the procedures for submitting the abstracted below has been forwarded to https://www.cftc.gov that it may deem to ‘‘written certification’’ required by the Office of Management and Budget be inappropriate for publication, such as Section 5c of the Act. In connection (OMB) for review and comment. The obscene language. All submissions that with a product or rule certification, the ICR describes the nature of the have been redacted or removed that registered entity must provide a concise information collection and its expected contain comments on the merits of the explanation and analysis of the costs and burden. ICR will be retained in the public submission and its compliance with DATES: Comments must be submitted on comment file and will be considered as statutory provisions of the Act. or before June 17, 2020. required under the Administrative Accordingly, new rules or rule ADDRESSES: Written comments Procedure Act and other applicable amendments must be accompanied by regarding the burden estimated or any laws, and may be accessible under the concise explanations and analyses of the other aspect of the information Freedom of Information Act. purposes, operations, and effects of the collection should be submitted within FOR FURTHER INFORMATION CONTACT: submissions. This information may be 30 days of this notice’s publication to Jeanette Curtis, Special Counsel, submitted as part of the same OIRA, at https://www.reginfo.gov/ Division of Market Oversight, submission containing the required public/do/PRAMain. Please find this Commodity Futures Trading ‘‘written certification.’’ particular information collection by Commission, (202) 418–5660, email: Respondents/Affected Entities: selecting ‘‘Currently under 30-day [email protected], or Philip Raimondi, Designated Contract Markets, Swap Review—Open for Public Comments’’ or Special Counsel, Division of Market Execution Facilities, Derivatives by using the website’s search function. Clearing Organizations, and Swap Data Comments can be entered electronically 1 17 CFR 145.9. Repositories.

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• Rules 40.2, 40.3, 40.5, and 40.6 publication of this notice). Select performance of the functions of the Estimated Number of Respondents: ‘‘Information Collection Review,’’ under Bureau, including whether the 70. ‘‘Currently under Review,’’ use the information will have practical utility; Annual Responses by each dropdown menu ‘‘Select Agency’’ and (b) The accuracy of the Bureau’s Respondent: 100. select ‘‘Consumer Financial Protection estimate of the burden of the collection Estimated Hours per Response: 2. Bureau’’ (recent submissions to OMB of information, including the validity of Estimated Total Hours per Year: will be at the top of the list). The same the methods and the assumptions used; 14,000. documentation is also available at (c) Ways to enhance the quality, utility, • Rule 40.10 http://www.regulations.gov. Requests for and clarity of the information to be Estimated Number of Respondents: 3. additional information should be collected; and (d) Ways to minimize the Annual Responses by each directed to Darrin King, PRA Officer, at burden of the collection of information Respondent: 2. (202) 435–9575, or email: CFPB_PRA@ on respondents, including through the Estimated Hours per Response: 5. cfpb.gov. If you require this document use of automated collection techniques Estimated Total Hours per Year: 30. in an alternative electronic format, or other forms of information (Authority: 44 U.S.C. 3501 et seq.) please contact CFPB_Accessibility@ technology. Comments submitted in cfpb.gov. Please do not submit response to this notice will be reviewed Robert Sidman, comments to these email boxes. by OMB as part of its review of this Deputy Secretary of the Commission. SUPPLEMENTARY INFORMATION: request. All comments will become a [FR Doc. 2020–10540 Filed 5–15–20; 8:45 am] Title of Collection: Consumer matter of public record. BILLING CODE 6351–01–P Response Company Response Survey. Dated May 13, 2020. OMB Control Number: 3170–0069. Darrin King, Type of Review: Renewal without Paperwork Reduction Act Officer, Bureau of BUREAU OF CONSUMER FINANCIAL change of an existing information PROTECTION Consumer Financial Protection. collection. [FR Doc. 2020–10600 Filed 5–15–20; 8:45 am] [Docket No. CFPB–2020–0015] Affected Public: Individuals or BILLING CODE 4810–AM–P Households. Agency Information Collection Estimated Number of Respondents: Activities: Submission for OMB 47,900. CONSUMER PRODUCT SAFETY Review; Comment Request Estimated Total Annual Burden COMMISSION Hours: 3,830. AGENCY: Bureau of Consumer Financial Protection. Abstract: The purpose of this Commission Agenda and Priorities; information collection is to continue the Notice of Hearing ACTION: Notice and request for comment. collection of consumer feedback AGENCY: U.S. Consumer Product Safety SUMMARY: In accordance with the through an optional survey at the end of Paperwork Reduction Act of 1995 the consumer complaint process. Commission. (PRA), the Bureau of Consumer Through the existing survey, consumers ACTION: Notice of Hearing. have the option to provide feedback on Financial Protection (Bureau) is SUMMARY: On March 5, 2020, the U.S. requesting a renewal of the Office of the company’s response to and handling of their complaint. The results of this Consumer Product Safety Commission Management and Budget’s (OMB) (CPSC or Commission) published a approval for the information collection feedback are shared with the company that responded to the complaint to notice announcing a public hearing titled, ‘‘Consumer Response Company concerning the Commission’s agenda Response Survey.’’ inform its complaint handling. The feedback is also used as one of several and priorities for fiscal years 2021 and DATES: Written comments are inputs to inform the Bureau’s work to 2022, which was postponed due to the encouraged and must be received on or assess the accuracy, completeness, and extraordinary circumstances before June 17, 2020 to be assured of timeliness of company responses to surrounding COVID–19. The CPSC has consideration. consumer complaints. now rescheduled the public hearing for ADDRESSES: Written comments and The consumer has the ability to May 27, 2020, at 10:00 a.m. EDT via recommendations for the proposed answer three questions about the CPSC Webinar. All attendees should information collection should be sent company’s response to and handling of pre-register for the Webinar. To pre- within 30 days of publication of this his or her complaint and provide a register for the Webinar, please visit notice to www.reginfo.gov/public/do/ narrative description in support of each https://attendee.gotowebinar.com/ PRAMain. Find this particular answer. Positive feedback about the register/3513228129651454990 and fill information collection by selecting company’s handling of the consumer’s in the information. After registering you ‘‘Currently under 30-day Review—Open complaint would be reflected by will receive a confirmation email for Public Comments’’ or by using the affirmative answers to each question containing information about joining the search function. In general, all and by the narrative in support of each webinar. Detailed instructions for the comments received will become public answer. The Company Response Survey hearing participants and other records, including any personal allows consumers to offer both positive interested parties will be made available information provided. Sensitive and negative feedback on their on the CPSC website on the public personal information, such as account complaint experience. calendar: https://cpsc.gov/newsroom/ numbers or Social Security numbers, Request for Comments: The Bureau public-calendar. should not be included. issued a 60-day Federal Register notice DATES: The hearing will begin at 10 a.m. FOR FURTHER INFORMATION CONTACT: on January 24, 2020, 85 FR 4294, Docket EDT on May 27, 2020, and will Documentation prepared in support of Number: CFPB–2020–0009. Comments conclude the same day. this information collection request is were solicited and continue to be FOR FURTHER INFORMATION CONTACT: available at www.reginfo.gov (this link invited on: (a) Whether the collection of Alberta E. Mills, Division of the becomes active on the day following information is necessary for the proper Secretariat, U.S. Consumer Product

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Safety Commission, 4330 East West ACTION: Notice of Federal Advisory previous Board meeting on February 5, Highway, Bethesda, MD 20814; email: Committee meeting. 2020; Board actions, to include [email protected]; telephone: (301) 504– recommendations for degree conferrals, 7479; facsimile: (301) 504–0127. SUMMARY: The DoD is publishing this faculty appointments and promotions, notice to announce that the following SUPPLEMENTARY INFORMATION: and faculty/student awards presented Federal Advisory Committee meeting of Section 4(j) of the Consumer Product by the deans of USU’s schools and the Board of Regents, Uniformed Safety Act (CPSA) (15 U.S.C. 2053(j)) colleges; a report by the USU President; Services University of the Health requires the Commission to establish an a report by the Office of the Assistant Sciences (Board, USU) will take place. agenda for action under the laws the Secretary of Defense for Health Affairs; DATES: Commission administers, and to the Friday, May 15, 2020 open to the reports from the He´bert School of extent feasible, select priorities for public from 8:00 a.m. to 10:25 a.m. The Medicine, the Daniel K. Inouye action at least 30 days before the closed session will follow from Graduate School of Nursing, the beginning of each fiscal year. Section approximately 10:30 a.m. to 10:50 a.m. Postgraduate Dental College, and the 4(j) of the CPSA provides further that ADDRESSES: Both the open and closed College of Allied Health Sciences; a before establishing its agenda and portions of the meeting will be held report from the Office of Accreditation priorities, the Commission shall online. If you are interested in observing and Organizational Assessment; a report conduct a public hearing and provide an the open portion of the Board meeting from the Office of Finance and _ _ opportunity for the submission of online, please contact usu external Administration; and a report from the comments. [email protected] for connectivity Brigade Commander. A closed session On March 5, 2020, the CPSC information. will be held following the open session to discuss active investigations and published a notice in the Federal FOR FURTHER INFORMATION CONTACT: Mrs. personnel actions. Register to announce that a priorities Sarah Marshall, Designated Federal Meeting Accessibility: Pursuant to hearing would be conducted on April Officer (DFO), at (301) 295–3955 or Federal statutes and regulations (5 15, 2020 (85 FR 12908) and requested [email protected]. Mailing U.S.C. Appendix, 5 U.S.C. 552b, and 41 written comments. On April 3, 2020, the address is 4301 Jones Bridge Road, CFR 102–3.140 through 102–3.165), the CPSC postponed the public hearing date Bethesda, MD 20814. Website: https:// meeting will be held online and is open until further notice and extended the www.usuhs.edu/vpe/bor. to the public from 8:00 a.m. to 10:25 comment period for written comments SUPPLEMENTARY INFORMATION: Due to a.m. Members of the public wishing to until May 1, 2020. (85 FR 18925). By circumstances beyond the control of the observe the meeting should contact this notice the Commission announces DoD and the DFO, the Board, USU was External Affairs via email at usu_ that the public hearing will be held on unable to provide public notification [email protected] no later May 27, 2020, at 10:00 a.m. EDT via required by 41 CFR 102–3.150(a) than 2 business days prior to the CPSC Webinar. All attendees should concerning its meeting on May 15, 2020. meeting. Pursuant to 5 U.S.C. 552b(c)(2, pre-register for the Webinar. To pre- Accordingly, the Advisory Committee 5–7), the DoD has determined that the register for the Webinar, please visit Management Officer for the DoD, portion of the meeting from 10:30 a.m. https://attendee.gotowebinar.com/ pursuant to 41 CFR 102–3.150(b), to 10:50 a.m. shall be closed to the register/3513228129651454990 and fill waives the 15-calendar day notification public. The USD(P&R), in consultation in the information. After registering you requirement. with the DoD Office of General Counsel, will receive a confirmation email This meeting is being held under the has determined in writing that this containing information about joining the provisions of the Federal Advisory portion of the Board’s meeting will be webinar. Detailed instructions for the Committee Act (FACA) (5 U.S.C., closed as the discussion will disclose hearing participants and other Appendix), the Government in the sensitive personnel information, will interested parties will be made available Sunshine Act (5 U.S.C. 552b), and 41 include matters that relate solely to the on the CPSC website on the public CFR 102–3.140 and 102–3.150. internal personnel rules and practices of calendar: https://cpsc.gov/newsroom/ Purpose of the Meeting: The purpose the agency, will involve allegations of a public-calendar. The FY 2021 Budget of the meeting is to provide advice and person having committed a crime or Request can be found at: www.cpsc.gov/ recommendations to the Secretary of censuring an individual, and may about-cpsc/agency-reports/ Defense, through the USD(P&R), on disclose investigatory records compiled performance-and-budget. academic and administrative matters for law enforcement purposes. critical to the full accreditation and Alberta E. Mills, Written Statements: Pursuant to successful operation of USU. These section 10(a)(3) of the FACA and 41 CFR Secretary, U.S. Consumer Product Safety actions are necessary for USU to pursue Commission. 102–3.140, the public or interested its mission, which is to educate, train organizations may submit written [FR Doc. 2020–10589 Filed 5–15–20; 8:45 am] and comprehensively prepare comments to the Board about its BILLING CODE 6355–01–P uniformed services health professionals, approved agenda pertaining to this officers, scientists, and leaders to meeting or at any time regarding the support the Military and Public Health Board’s mission. Individuals submitting DEPARTMENT OF DEFENSE Systems, the National Security and a written statement must submit their National Defense Strategies of the statement to the USU External Affairs Office of the Secretary United States, and the readiness of our email address at usu_external_affairs@ Board of Regents, Uniformed Services Uniformed Services. usuhs.edu. Written statements that do University of the Health Sciences; Agenda: The actions scheduled to not pertain to a scheduled meeting of Notice of Federal Advisory Committee occur include the review of any the Board may be submitted at any time. Meeting administrative matters of general If individual comments pertain to a consent (e.g., degree conferrals, faculty specific topic being discussed at the AGENCY: Under Secretary of Defense for appointments and promotions, award planned meeting, then these statements Personnel and Readiness (USD(P&R)), recommendations, etc.) that may have must be received at least 5 calendar Department of Defense (DoD). been electronically voted on since the days prior to the meeting. Otherwise,

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the comments may not be provided to Background Water Act (33 U.S.C. 1344) and Section or considered by the Board until a later The U.S. Army Corps of Engineers 10 of the Rivers and Harbors Act of 1899 date. The DFO will compile all timely (Corps) administers the National (33 U.S.C. 401 et seq.). For the purposes submissions with the Board’s Chair and Wetland Plant List (NWPL) for the of determining how often a species ensure such submissions are provided United States (U.S.) and its territories. occurs in wetlands, wetlands are to Board Members before the meeting. Responsibility for the NWPL was defined as either (1) those areas that are Dated: May 13, 2020. transferred to the Corps from the U.S. inundated or saturated by surface or ground water at a frequency and Aaron T. Siegel, Fish and Wildlife Service (FWS) in 2006. The NWPL has undergone several duration sufficient to support, and Alternate OSD Federal Register Liaison under normal circumstances do support, Officer, Department of Defense. revisions since its inception in 1988. a prevalence of vegetation typically Additions or deletions to the NWPL [FR Doc. 2020–10628 Filed 5–15–20; 8:45 am] adapted for life in saturated soil represent new records, range extensions, BILLING CODE 5001–06–P conditions (33 CFR 328.3) or (2) ‘‘except nomenclatural and taxonomic changes, when such term is part of the term and newly proposed species. The latest ‘converted wetland,’ means land that DEPARTMENT OF DEFENSE review process began in 2018 and has a predominance of hydric soils; is included review by Regional Panels inundated or saturated by surface or Department of the Army, Corps of (RPs), the National Panel (NP), and the groundwater at a frequency and Engineers public, who provided input on changes duration sufficient to support a to the wetland indicator status of 20 National Wetland Plant List prevalence of hydrophytic vegetation species and 37 individual ratings. The typically adapted for life in saturated AGENCY: Army Corps of Engineers, DoD. proposed indicator changes were soil conditions; and under normal ACTION: Notice. announced in a Federal Register Notice, circumstances does support a 84 FR 26824, June 10, 2019, with the prevalence of such vegetation.’’ (16 SUMMARY: The U.S. Army Corps of comment period ending on August 9, U.S.C. 3801(a)(27) and 7 CFR 12.2). Engineers (Corps), as part of an 2019. Two comments were received Wetlands are identified using the three- interagency effort with the U.S. during that time. factor approach. Because each species Environmental Protection Agency Wetland Indicator Status Ratings being evaluated occurs as part of a (EPA), the U.S. Fish and Wildlife vegetation assemblage, examining the On the NWPL, there are five Service (FWS) and the U.S. Department other species present in relation to their categories of wetland indicator status of Agriculture Natural Resources assigned wetland fidelity may be useful ratings, used to indicate a plant’s Conservation Service (NRCS), is in assessing hydrophytic vegetation. announcing the availability of the final likelihood for occurrence in wetlands 2018 National Wetland Plant List versus non-wetlands: Obligate Wetland Discussion of Public Comments (NWPL). The NWPL provides plant (OBL), Facultative Wetland (FACW), For the 2018 NWPL update, the species indicator status ratings, which Facultative (FAC), Facultative Upland NWPL NP and RPs reviewed proposed are used in determining whether the (FACU), and Upland (UPL). These rating wetland rating changes or additions for hydrophytic vegetation factor is met categories are defined by the NP as 20 species and 37 regional ratings (some when conducting wetland delineations follows: OBL—almost always occur in species were reviewed for multiple under the Clean Water Act and wetland wetlands; FACW — usually occur in regions) submitted by the general determinations under the Wetland wetlands, but may occur in non- public. Eight of these species were Conservation Provisions of the Food wetlands; FAC—occur in wetlands and proposed for addition to the NWPL, and Security Act. Other applications of the non-wetlands; FACU—usually occur in 12 species were submitted for a rating NWPL include wetland restoration, non-wetlands, but may occur in change request in one or more regions. establishment, and enhancement wetlands; UPL—almost always occur in Submitted information was reviewed by projects. The list will become effective non-wetlands. These category the NP and RPs, and proposed 2018 on May 18, 2020 and will be used in any definitions are qualitative descriptions ratings for these species were wetland delineations performed after that better reflect the qualitative determined. Along with soliciting this date. Delineations completed prior supporting information, rather than information on the species being to this date may still use the 2016 numeric frequency ranges. The evaluated, we also solicited comments NWPL. Completed wetland delineation/ percentage frequency categories used in on the overall NWPL process. This determination forms should reference the older definitions are only used for information was detailed in the Federal the version of the NWPL used to testing problematic or contested species Register Notice, 84 FR 26824, June 10, complete the form. being recommended for indicator status 2019 and is provided in the table below. DATES: The 2018 NWPL will become changes. Plus and minus designations In response to the initial Federal effective on May 18, 2020. and wetland indicator designations such Register notice, two comments were as No Indicator (NI), No Occurrence received, each relating to a particular ADDRESSES: U.S. Army Corps of (NO), and No Agreement (NA) were species: One recommending Epilobium Engineers, Attn: CECW–CO–R, 441 G removed in 2012 and are no longer used brachycarpum to be FACU in the Arid Street NW, Washington, DC 20314– on the NWPL. More information on the West and one recommending 1000. specifics of how to use these ratings is Hymenocallis occidentalis to be ‘‘OBL, FOR FURTHER INFORMATION CONTACT: available on the NWPL website at http:// or FACW at a minimum’’ in the Atlantic Brianne McGuffie, Headquarters, U.S. wetland-plants.usace.army.mil/. and Gulf Coastal Plain and Great Plains. Army Corps of Engineers, Operations The NWPL is utilized in conducting These recommendations were reviewed and Regulatory Community of Practice, wetland determinations under the by the NWPL Regional Panels and Washington, DC 20314–1000, by phone authority of the Food Security Act of National Panel, along with literature, at 202–761–4750 or by email at 1985 (16 U.S.C. 3801 et seq.) and specimen collection data, and [email protected]. wetland delineations under the professional experience and final ratings SUPPLEMENTARY INFORMATION: authority of Section 404 of the Clean determined: FAC for Epilobium

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brachycarpum (as originally proposed) were removed from this update. Bassia NWPL. Pleopeltis polypodioides is an and FACW for Hymenocallis hyssopifolia and Pycnanthemum epiphyte and upon additional review of occidentalis (FACW in the Great Plains muticum were removed because in both its epiphytic nature and the position of and OBL in the Atlantic and Gulf cases, the requested indicator for the epiphytes on the NWPL (Lichvar and Coastal Plain on the 2016 NWPL). requested region, FACU in the Arid Fertig 2011), it was determined that it Received comments, responses to those West and FAC in the Eastern Mountains should be removed from the NWPL. comments, and final ratings are detailed and Piedmont, respectively, was already in the decision document. Three species the existing indicator on the 2016

SPECIES REVIEWED FOR NWPL 2018 UPDATE

2016 NWPL Proposed 2018 Final 2018 Species Region rating NWPL rating NWPL rating

Aristida palustris ...... AGCP ...... NOL * ...... FACW ...... FACW. Artemisia dracunculus ...... AW ...... NOL ...... FACU ...... FACU. Artemisia dracunculus ...... WMVC ...... NOL ...... FACU ...... FACU. Bromus nottowayanus ...... MW ...... NOL ...... FACU ...... FACU. Bromus nottowayanus ...... NCNE ...... NOL ...... FACU ...... FACU. Delairea odorata ...... AW ...... NOL ...... FAC ...... FAC. Delairea odorata ...... WMVC ...... NOL ...... FAC ...... FAC. Dichanthelium wrightianum ...... AGCP ...... NOL ...... FACW ...... FACW. Epilobium brachycarpum ...... AW ...... NOL ...... FAC ...... FAC. Epilobium brachycarpum ...... WMVC ...... NOL ...... FAC ...... FAC. Hymenocallis latifolia ...... AGCP ...... FACW ...... FACU ...... FACU. Hymenocallis latifolia ...... CB ...... FACW ...... FACU ...... FACU. Hymenocallis occidentalis ...... AGCP ...... OBL ...... FAC ...... FACW. Hymenocallis occidentalis ...... EMP ...... OBL ...... FAC ...... FAC. Hymenocallis occidentalis ...... GP ...... FACW ...... FAC ...... FACW. Hymenocallis occidentalis ...... MW ...... OBL ...... FAC ...... FAC. Ilex opaca ...... AGCP ...... FAC ...... FAC ...... FAC. Iva axillaris ...... AW ...... FAC ...... FACU ...... FACU. Iva axillaris ...... WMVC ...... FAC ...... FACU ...... FACU. Liriodendron tulipifera ...... AGCP ...... FACU ...... FACU ...... FACU. Liriodendron tulipifera ...... EMP ...... FACU ...... FACU ...... FACU. Penstemon rydbergii ...... AW ...... FACU ...... FACU ...... FACU. Penstemon rydbergii ...... WMVC ...... FACU ...... FACU ...... FACU. Polymnia canadensis ...... EMP ...... NOL ...... FACU ...... FACU. Polymnia canadensis ...... MW ...... NOL ...... FACU ...... FACU. Polymnia canadensis ...... NCNE ...... NOL ...... FACU ...... FACU. Quercus michauxii ...... AGCP ...... FACW ...... FACW ...... FACW. Tussilago farfara ...... NCNE ...... FACU ...... FACU ...... FACU. Verbena brasiliensis ...... AGCP ...... NOL ...... FACU ...... FACU. Verbena brasiliensis ...... EMP ...... NOL ...... FACU ...... FACU. Verbena brasiliensis ...... MW ...... NOL ...... FACU ...... FACU. Verbena incompta ...... AGCP ...... FACW ...... FACU ...... FACU. Verbena incompta ...... EMP ...... FACW ...... FACU ...... FACU. Verbena incompta ...... MW ...... FAC ...... FACU ...... FACU. * NOL = ‘‘Not On List’’ and indicates proposed additions.

The Corps believes we have In accordance with the Memorandum and final indicator statuses have been adequately reviewed the comments and of Agreement signed in 2006 (2006 set. allowed for public and agency input for MOA),1 the Corps, endorsed by the EPA, Detailed information on the update the proposal. Future updates to the FWS and NRCS, is publishing final process, protocol, and technical issues NWPL will occur biennially. The public wetland indicator statuses for the 2018 can be found in the following may provide input on future NWPL NWPL. The final NWPL is available at documents (available on the NWPL updates by utilizing the following http://wetland-plants.usace.army.mil/. Publications web page): • procedures. A change in indicator status State, regional, and national lists can Lichvar, Robert W. and Minkin, may be requested at any time at http:// also be downloaded from this site. This Paul. Concepts and Procedures for wetland-plants.usace.army.mil/ by completes the review of the NWPL. All Updating the National Wetland Plant clicking on the ‘‘Submit a NWPL comments received have been evaluated List. Sept 2008. ERDC/CRREL TN–08–3. Change Request’’ link and submitting Hanover, NH: U.S. Army Engineer 1 the appropriate data. Data includes U.S. Army Corps of Engineers, the U.S. Research and Development Center, Cold Environmental Protection Agency, the U.S. Fish & Regions Research and Engineering ecological data, literature reviews, Wildlife Service and the Natural Resources Laboratory. frequency and abundance data, testing Conservation Service. (December 12, 2006). • Lichvar, Robert W. and Gillrich, descriptions, and geographic data for Memorandum of Agreement Among the U.S. Army Corps of Engineers, the U.S. Environmental Jennifer J. Final Protocol for Assigning the taxon in wetlands and non-wetlands Protection Agency, the U.S. Fish & Wildlife Service Wetland Indicator Status Ratings during in the Corps wetland region or and the Natural Resources Conservation Service for National Wetland Plant List Update. subregion for which the change is the Purpose of Transferring Responsibility for Updating and Maintaining the National List of Sept 2011. ERDC/CRREL TN–11–1. proposed. Vascular Plant Species that Occur in Wetlands. Hanover, NH: U.S. Army Engineer

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Research and Development Center, Cold information collection requests should individuals with disabilities to protect Regions Research and Engineering be sent within 30 days of publication of their legal and human rights. RSA uses Laboratory. this notice to www.reginfo.gov/public/ the form to meet specific data collection Additional cited literature: do/PRAMain. Find this particular requirements of Section 509 of the Lichvar R.W., N.C. Melvin, M.L. Butterwick, information collection request by Rehabilitation Act of 1973, as amended and W.N. Kirchner. 2012. National selecting ‘‘Department of Education’’ (the Act), and its implementing federal Wetland Plant List Indicator Rating under ‘‘Currently Under Review,’’ then regulations at 34 CFR part 381. PAIR Definitions. ERDC/CRREL TN–12–1. check ‘‘Only Show ICR for Public programs must report annually using Hanover, NH: U.S. Army Engineer Comment’’ checkbox. the RSA–509, which is due on or before Research and Development Center Cold FOR FURTHER INFORMATION CONTACT: For December 30 each year. Regions Research and Engineering The collection of information through Laboratory specific questions related to collection Lichvar R. and W. Fertig. Epiphytes and the activities, please contact Samuel Pierre, Form RSA–509 has enabled RSA to National Wetland Plant List. 202–245–6488. furnish the President and Congress with data on the provision of protection and Phytoneuron 2011–17:1–31 SUPPLEMENTARY INFORMATION: The advocacy services and has helped to Environmental Documentation Department of Education (ED), in accordance with the Paperwork establish a sound basis for future A decision document has been Reduction Act of 1995 (PRA) (44 U.S.C. funding requests. Data from the form prepared for this action after all 3506(c)(2)(A)), provides the general have been used to evaluate the comments received were evaluated. The public and Federal agencies with an effectiveness of eligible systems within decision document is available through opportunity to comment on proposed, individual states in meeting annual Headquarters, U.S. Army Corps of revised, and continuing collections of priorities and objectives. These data also Engineers, Operations and Regulatory information. This helps the Department have been used to indicate trends in the Community of Practice, 441 G Street assess the impact of its information provision of services from year-to-year. NW, Washington, DC 20314–1000. The respondents to the RSA–509 is collection requirements and minimize the protection and advocacy system in Authority the public’s reporting burden. It also each state. These organizations are helps the public understand the The NWPL is utilized in conducting private not-for-profit organizations. RSA Department’s information collection wetland determinations under the included the respondents and the requirements and provide the requested authority of the Food Security Act of national organization that represents data in the desired format. ED is 1985 (16 U.S.C. 3801 et seq.) and them (National Disability Rights soliciting comments on the proposed wetland delineations under the Network (NDRN)) in the initial information collection request (ICR) that authority of Section 404 of the Clean development of this collection of is described below. The Department of Water Act (33 U.S.C. 1344) and Section information in an effort to ensure that Education is especially interested in 10 of the Rivers and Harbors Act of 1899 the information requested could be public comment addressing the (33 U.S.C. 401 et seq.). The Corps has provided with minimal burden to the following issues: (1) Is this collection responsibility for issuing this update respondents. pursuant to the 2006 MOA. necessary to the proper functions of the Department; (2) will this information be Dated: May 13, 2020. R.D. James, processed and used in a timely manner; Kate Mullan, Assistant Secretary of the Army (Civil Works). (3) is the estimate of burden accurate; PRA Coordinator, Strategic Collections and [FR Doc. 2020–10630 Filed 5–15–20; 8:45 am] (4) how might the Department enhance Clearance Governance and Strategy Division, BILLING CODE 3720–58–P the quality, utility, and clarity of the Office of Chief Data Officer. information to be collected; and (5) how [FR Doc. 2020–10607 Filed 5–15–20; 8:45 am] might the Department minimize the BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION burden of this collection on the respondents, including through the use [Docket No.: ED–2020–SCC–0041] of information technology. Please note DEPARTMENT OF EDUCATION Agency Information Collection that written comments received in response to this notice will be Applications for New Awards; Teacher Activities; Submission to the Office of Quality Partnership Grant Program Management and Budget for Review considered public records. and Approval; Comment Request; Title of Collection: RSA–509, Annual AGENCY: Office of Elementary and RSA–509, Annual Protection and Protection and Advocacy of Individual Secondary Education, Department of Advocacy of Individual Rights Program Rights Program Performance Report. Education. Performance Report OMB Control Number: 1820–0627. ACTION: Notice. Type of Review: An extension of an AGENCY: Office of Special Education and existing information collection. SUMMARY: The Department of Education Rehabilitative Services (OSERS), Respondents/Affected Public: State, is issuing a notice inviting applications Department of Education (ED). Local, and Tribal Governments. for fiscal year (FY) 2020 for the Teacher ACTION: Notice. Total Estimated Number of Annual Quality Partnership Grant (TQP) Responses: 57. program, Catalog of Federal Domestic SUMMARY: In accordance with the Total Estimated Number of Annual Assistance (CFDA) number 84.336S. Paperwork Reduction Act of 1995, ED is Burden Hours: 912. This notice relates to the approved proposing an extension of an existing Abstract: The Annual Protection and information collection under OMB information collection. Advocacy of Individual Rights (PAIR) control number 1894–0006. DATES: Interested persons are invited to Program Performance Report (Form DATES: submit comments on or before June 17, RSA–509) will be used to analyze and Applications Available: May 18, 2020. 2025. evaluate the PAIR Program administered Pre-Application Webinars: The Office ADDRESSES: Written comments and by eligible systems in states. These of Elementary and Secondary Education recommendations for proposed systems provide services to eligible intends to post pre-recorded

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informational webinars designed to minorities and individuals from other encourages eligible partnerships that provide technical assistance to occupations, into the teaching force. have not previously received grants interested applicants for grants under Background: The TQP program under the TQP program to apply. the TQP program. These informational supports eligible partnerships that must Priorities: This notice contains one webinars will be available on the TQP include a high-need local educational absolute priority and two competitive web page shortly after this notice is agency (LEA), a high-need school served preference priorities. In accordance with published in the Federal Register at by the LEA, or a high-need early 34 CFR 75.105(b)(2)(iv), the absolute https://oese.ed.gov/offices/office-of- childhood education (ECE) program; a priority is from section 202(e) of the discretionary-grants-support-services/ partner institution; a school, HEA. Competitive Preference Priority 1 effective-educator-development- department, or program of education is from the notice of final priority programs/teacher-quality-partnership/ within such partner institution; and a published in the Federal Register on applicant-info-and-eligibility/. A TQP school or department of arts and November 27, 2019 (84 FR 65300) Frequently Asked Questions document sciences within such partner institution. (Opportunity Zones NFP). Competitive will also be published on the TQP It may also include certain other Preference Priority 2 is from the notice program web page as soon as it is entities. Under section 202(d) and (e) of of final priorities published in the available at https://oese.ed.gov/offices/ the Higher Education Act of 1965, as Federal Register on March 9, 2020 (85 office-of-discretionary-grants-support- amended (HEA), these partnerships FR 13640) (Administrative Priorities). services/effective-educator- must implement either (a) teacher Absolute Priority: For FY 2020 and development-programs/teacher-quality- preparation programs at the pre- any subsequent year in which we make partnership/. baccalaureate or ‘‘fifth-year’’ level that awards from the list of unfunded Deadline for Notice of Intent to Apply: include specific reforms in IHEs’ applications from this competition, this Applicants are strongly encouraged, but existing teacher preparation programs; priority is an absolute priority. Under 34 not required, to submit a notice of intent or (b) teacher residency programs for CFR 75.105(c)(3), we consider only to apply by June 17, 2020. individuals who are recent graduates applications that meet this priority. Deadline for Transmittal of with strong academic backgrounds or This priority is: Applications: July 2, 2020. are mid-career professionals from Partnership Grants for the Deadline for Intergovernmental outside the field of education. Establishment of Effective Teaching Review: September 15, 2020. In the FY 2020 TQP competition, we Residency Programs. ADDRESSES: For the addresses for will only support projects that prepare I. In general. Under this priority, an obtaining and submitting an teachers through the implementation of eligible partnership must carry out an application, please refer to our Common teacher residency programs. The effective teaching residency program Instructions for Applicants to requirements for such a teacher that includes all of the following Department of Education Discretionary residency program are further explained activities: Grant Programs, published in the in this notice in the Absolute Priority (a) Supporting a teaching residency Federal Register on February 13, 2019 section. We also include two program described in paragraph II for (84 FR 3768), and available at competitive preference priorities: One high-need subjects and areas, as www.govinfo.gov/content/pkg/FR-2019- for projects that propose to provide determined by the needs of the high- 02-13/pdf/2019-02206.pdf. services in areas that overlap with a need local educational agency (LEA) in FOR FURTHER INFORMATION CONTACT: Mia Qualified Opportunity Zone and the partnership. Howerton, U.S. Department of another for applications from new (b) Placing graduates of the teaching Education, 400 Maryland Avenue SW, potential grantees. residency program in cohorts that Room 3C152, Washington, DC 20202– Competitive Preference Priority 1, facilitate professional collaboration, 5960. Telephone: (202) 205–0147. Spurring Investment in Qualified both among graduates of the teaching Email: [email protected] or Opportunity Zones, is aligned with the residency program and between such [email protected]. Department’s mission to promote equity graduates and mentor teachers in the If you use a telecommunications and excellence in education by giving receiving school. device for the deaf (TDD) or a text competitive preference to projects (c) Ensuring that teaching residents telephone (TTY), call the Federal Relay providing services to educators serving who participate in the teaching Service (FRS), toll free, at 1–800–877– students and schools located in residency program receive— 8339. distressed communities, known as (1) Effective pre-service preparation as Qualified Opportunity Zones (QOZs). described in paragraph II; SUPPLEMENTARY INFORMATION: Public law (Pub. L.) 115–97, (2) Teacher mentoring; Full Text of Announcement colloquially known as the Tax Cuts and (3) Support required through the Jobs Act, authorized the designation of induction program as the teaching I. Funding Opportunity Description QOZs to promote economic residents enter the classroom as new Purpose of Program: The purposes of development and job creation in teachers; and the TQP program are to improve student distressed communities through (4) The preparation described below: achievement; improve the quality of preferential tax treatment for investors. (i) Incorporate year-long opportunities prospective and new teachers by A list of QOZs is available at for enrichment, including— improving the preparation of www.cdfifund.gov/Pages/Opportunity- (A) Clinical learning in classrooms in prospective teachers and enhancing Zones.aspx; applicants may also high-need schools served by the high- professional development activities for determine whether a particular area need LEA in the eligible partnership, new teachers; hold teacher preparation overlaps with a QOZ using the National and identified by the eligible programs at institutions of higher Center of Education Statistics’ map partnership; and education (IHEs) accountable for located at https://nces.ed.gov/programs/ (B) Closely supervised interaction preparing teachers who meet applicable maped/LocaleLookup/. between prospective teachers and State certification and licensure Finally, in seeking an array of faculty, experienced teachers, requirements; and recruit highly potentially new ideas and perspectives, principals, other administrators, and qualified individuals, including Competitive Preference Priority 2 school leaders at early childhood

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education programs (as applicable), that are valid and reliable and that, (iii) Other attributes linked to elementary schools, or secondary when feasible, may include valid, effective teaching, which may be schools, and providing support for such reliable, and objective measures of the determined by interviews or interaction. influence of teachers on the rate of performance assessments, as specified (ii) Integrate pedagogy and classroom student academic progress. by the eligible partnership. practice and promote effective teaching (v) In the case of mentor candidates (c) Stipends or salaries; applications; skills in academic content areas. who will be mentoring new or agreements; repayments. (iii) Provide high-quality teacher prospective literacy and mathematics (1) Stipends or salaries. A teaching mentoring. coaches or instructors, appropriate skills residency program under this priority II. Teaching Residency Programs. in the essential components of reading must provide a one-year living stipend (a) Establishment and design. A instruction, teacher training in literacy or salary to teaching residents during teaching residency program under this instructional strategies across core the teaching residency program. priority is a program based upon models subject areas, and teacher training in (2) Applications for stipends or of successful teaching residencies that mathematics instructional strategies, as salaries. Each teacher residency serves as a mechanism to prepare appropriate. candidate desiring a stipend or salary teachers for success in the high-need (5) Grouping of teaching residents in during the period of residency must schools in the eligible partnership, and cohorts to facilitate professional submit an application to the eligible must be designed to include the collaboration among such residents. partnership at such time, and containing following characteristics of successful (6) The development of admissions such information and assurances, as the programs: goals and priorities— eligible partnership may require. (1) The integration of pedagogy, (i) That are aligned with the hiring (3) Agreements to serve. Each classroom practice, and teacher objectives of the LEA partnering with application submitted under paragraph mentoring. the program, as well as the instructional II–(c)(2) of this priority must contain or (2) Engagement of teaching residents initiatives and curriculum of such be accompanied by an agreement that in rigorous graduate-level course work agency, in exchange for a commitment the applicant will— leading to a master’s degree while by such agency to hire qualified (i) Serve as a full-time teacher for a undertaking a guided teaching graduates from the teaching residency total of not less than three academic apprenticeship. program; and years immediately after successfully (3) Experience and learning (ii) Which may include consideration completing the teaching residency opportunities alongside a trained and of applicants who reflect the program; experienced mentor teacher— communities in which they will teach (ii) Fulfill the requirement under (i) Whose teaching must complement as well as consideration of individuals paragraph II–(c)(3)(i) of this priority by the residency program so that classroom from underrepresented populations in teaching in a high-need school served clinical practice is tightly aligned with the teaching profession. by the high-need LEA in the eligible coursework; (7) Support for residents, once the partnership and teach a subject or area (ii) Who must have extra teaching residents are hired as teachers that is designated as high need by the responsibilities as a teacher leader of the of record, through an induction partnership; teaching residency program, as a mentor program, professional development, and (iii) Provide to the eligible partnership for residents, and as a teacher coach networking opportunities to support the a certificate, from the chief during the induction program for new residents through not less than the administrative officer of the LEA in teachers; and for establishing, within residents’ first two years of teaching. which the resident is employed, of the the program, a learning community in (b) Selection of individuals as teacher employment required under paragraph which all individuals are expected to residents. II–(c)(3)(i) and (ii) of this priority at the continually improve their capacity to (1) Eligible individual. In order to be beginning of, and upon completion of, advance student learning; and eligible to be a teacher resident in a each year or partial year of service; (iii) Who may be relieved from teaching residency program under this (iv) Meet the applicable State teaching duties as a result of such priority, an individual must— certification and licensure requirements, additional responsibilities. (i) Be a recent graduate of a four-year including any requirements for (4) The establishment of clear criteria IHE or a mid-career professional from certification obtained through for the selection of mentor teachers outside the field of education possessing alternative routes to certification, or, based on measures of teacher strong content knowledge or a record of with regard to special education effectiveness and the appropriate professional accomplishment; and teachers, the qualifications described in subject area knowledge. Evaluation of (ii) Submit an application to the section 612(a)(14)(C) of the Individuals teacher effectiveness must be based on, teaching residency program. with Disabilities Education Act (IDEA), but not limited to, observations of the (2) Selection criteria for teaching when the applicant begins to fulfill the following— residency program. An eligible service obligation under this clause; and (i) Planning and preparation, partnership carrying out a teaching (v) Comply with the requirements set including demonstrated knowledge of residency program under this priority by the eligible partnership under content, pedagogy, and assessment, must establish criteria for the selection paragraph II–(d) of this priority if the including the use of formative and of eligible individuals to participate in applicant is unable or unwilling to diagnostic assessments to improve the teaching residency program based complete the service obligation required student learning. on the following characteristics— by paragraph II–(c)(3). (ii) Appropriate instruction that (i) Strong content knowledge or (d) Repayments. engages students with different learning record of accomplishment in the field or (1) In general. A grantee carrying out styles. subject area to be taught. a teaching residency program under this (iii) Collaboration with colleagues to (ii) Strong verbal and written priority must require a recipient of a improve instruction. communication skills, which may be stipend or salary under paragraph II– (iv) Analysis of gains in student demonstrated by performance on (c)(1) of this priority who does not learning, based on multiple measures appropriate tests. complete, or who notifies the

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partnership that the recipient intends (a) Provide the census tract number of content areas corresponding to the not to complete, the service obligation the QOZ(s) in which it proposes to academic subject matter areas in which required by paragraph II–(c)(3) of this provide services; and teachers provide instruction; and priority to repay such stipend or salary (b) Describe how the applicant will (b) When referring to a specific to the eligible partnership, together with provide services in the QOZ(s). academic subject area, the disciplines or interest, at a rate specified by the Note: To receive competitive preference content areas in which academic majors partnership in the agreement, and in points under this priority, applicants must are offered by the arts and sciences accordance with such other terms and provide the Department with the census tract organizational unit. conditions specified by the eligible number of the Qualified Opportunity Zone(s) Core academic subjects means partnership, as necessary. they plan to serve and describe the services English, reading or language arts, (2) Other terms and conditions. Any they will provide. For the purposes of this mathematics, science, foreign languages, other terms and conditions specified by TQP competition, applicants should consider civics and government, economics, arts, the area where the partner LEA(s) serves to history, and geography. the eligible partnership may include be the area that must overlap with a QOZ; an reasonable provisions for pro-rata Charter school means a public school LEA may be considered to overlap with a that- repayment of the stipend or salary QOZ even if only one high-need school described in paragraph II–(c)(1) of this included in the project in the proposed TQP (a) In accordance with a specific State priority or for deferral of a teaching grant application is located in a QOZ. statute authorizing the granting of resident’s service obligation required by charters to schools, is exempt from Competitive Preference Priority 2— significant State or local rules that paragraph II–(c)(3) of this priority, on Applications from New Potential grounds of health, incapacitation, inhibit the flexible operation and Grantees (0 or 3 points). management of public schools, but not inability to secure employment in a Under this priority, an applicant must school served by the eligible from any rules relating to the other demonstrate that it has never received a requirements of this paragraph; partnership, being called to active duty grant, including through membership in in the Armed Forces of the United (b) Is created by a developer as a a group application submitted in public school, or is adapted by a States, or other extraordinary accordance with 34 CFR 75.127–75.129, circumstances. developer from an existing public under the program from which it seeks school, and is operated under public (3) Use of repayments. An eligible funds. partnership must use any repayment supervision and direction; Definitions: The definitions for ‘‘Arts (c) Operates in pursuit of a specific set received under this paragraph (d) to and sciences,’’ ‘‘Core academic carry out additional activities that are of educational objectives determined by subjects,’’ ‘‘Early childhood educator,’’ the school’s developer and agreed to by consistent with the purpose of this ‘‘Essential components of reading priority. the authorized public chartering agency; instruction,’’ ‘‘Exemplary teacher,’’ (d) Provides a program of elementary Competitive Preference Priorities: For ‘‘High-need early childhood education or secondary education, or both; FY 2020 and any subsequent year in (ECE) program,’’ ‘‘High-need local (e) Is nonsectarian in its programs, which we make awards from the list of educational agency (LEA),’’ ‘‘High-need admissions policies, employment unfunded applications from this school,’’ ‘‘Highly competent,’’ practices, and all other operations, and competition, these priorities are ‘‘Induction program,’’ ‘‘Partner is not affiliated with a sectarian school competitive preference priorities. Under institution,’’ ‘‘Principles of scientific or religious institution; 34 CFR 75.105(c)(2)(i), we will award up research,’’ ‘‘Scientifically valid (f) Does not charge tuition; to an additional three points to an research,’’ ‘‘Teacher mentoring,’’ (g) Complies with the Age application depending on how well the ‘‘Teaching residency program,’’ and Discrimination Act of 1975 (42 U.S.C. application Competitive Preference ‘‘Teaching skills’’ are from section 200 6101 et seq.), title VI of the Civil Rights Priority 1, and we award an additional of the HEA. The definition of ‘‘children Act of 1964 (42 U.S.C. 2000d et seq.), three points to an application that meets from low-income families’’ is from title IX of the Education Amendments of Competitive Preference Priority 2, for a section 1124(c)(1)(A) of the Elementary 1972 (20 U.S.C. 1681 et seq.), section maximum of six additional points. and Secondary Education Act of 1965, 504 of the Rehabilitation Act of 1973 (29 If an applicant chooses to address one as amended (ESEA). The definition of U.S.C. 794), the Americans with or both of the competitive preference ‘‘Charter school’’ is from section 4310(2) Disabilities Act of 1990 (42 U.S.C. 12101 priorities, the project narrative section of the ESEA. The definitions of et seq.), 20 U.S.C. 1232g (commonly of its application must identify its ‘‘Educational service agency,’’ ‘‘Limited referred to as the ‘‘Family Educational response to the competitive preference English proficient,’’ ‘‘Parent,’’ and Rights and Privacy Act of 1974’’), and priorities it chooses to address. We will ‘‘Professional development’’ are from part B of the IDEA (20 U.S.C. 1411 et only review for the competitive section 8101 of the ESEA. The seq.); preference priorities those applications definitions for ‘‘Demonstrates a (h) Is a school to which parents which, after review and scoring for the rationale,’’ ‘‘Evidence-based,’’ choose to send their children, and absolute priority and selection criteria, ‘‘Experimental study,’’ ‘‘Logic model,’’ that— are within potential funding range. ‘‘Moderate evidence,’’ ‘‘Project (1) Admits students on the basis of a These priorities are: component,’’ ‘‘Promising evidence,’’ lottery, consistent with 20 U.S.C. Competitive Preference Priority 1— ‘‘Quasi-experimental design study,’’ 7221b(c)(3)(A) if more students apply Spurring Investment in Qualified ‘‘Relevant outcome,’’ ‘‘Strong evidence,’’ for admission than can be Opportunity Zones (Up to 3 points). and ‘‘What Works Clearinghouse accommodated; or Under this priority, an applicant must Handbook (WWC Handbook)’’ are from (2) In the case of a school that has an demonstrate that the area in which the 34 CFR 77.1. affiliated charter school (such as a applicant proposes to provide services Arts and sciences means— school that is part of the same network overlaps with a QOZ, as designated by (a) When referring to an of schools), automatically enrolls the Secretary of the Treasury under organizational unit of an IHE, any students who are enrolled in the section 1400Z–1 of the Internal Revenue academic unit that offers one or more immediate prior grade level of the Code. An applicant must— academic majors in disciplines or affiliated charter school and, for any

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additional student openings or student (b) Has been teaching for at least five (2) That serves not fewer than 10,000 openings created through regular years in a public or private school or children from low-income families; attrition in student enrollment in the IHE; (3) That meets the eligibility affiliated charter school and the (c) Is recommended to be an requirements for funding under the enrolling school, admits students on the exemplary teacher by administrators Small, Rural School Achievement basis of a lottery as described in clause and other teachers who are (SRSA) program under section 5211(b) (1); knowledgeable about the individual’s of the ESEA; or (i) Agrees to comply with the same performance; (4) That meets eligibility requirements Federal and State audit requirements as (d) Is currently teaching and based in for funding under the Rural and Low- do other elementary schools and a public school; and Income School (RLIS) program under secondary schools in the State, unless (e) Assists other teachers in improving section 5221(b) of the ESEA; and— such State audit requirements are instructional strategies, improves the (b)(1) For which there is a high waived by the State; skills of other teachers, performs teacher percentage of teachers not teaching in (j) Meets all applicable Federal, State, mentoring, develops curricula, and the academic subject areas or grade and local health and safety offers other professional development. levels in which the teachers were requirements; Experimental study means a study trained to teach; or (k) Operates in accordance with State that is designed to compare outcomes (2) For which there is a high teacher law; between two groups of individuals turnover rate or a high percentage of (l) Has a written performance contract (such as students) that are otherwise teachers with emergency, provisional, or with the authorized public chartering equivalent except for their assignment temporary certification or licensure. agency in the State that includes a to either a treatment group receiving a Note: Information on how an applicant description of how student performance project component or a control group may demonstrate that a partner LEA meets will be measured in charter schools that does not. Randomized controlled this definition is included in the application pursuant to State assessments that are trials, regression discontinuity design package. required of other schools and pursuant studies, and single-case design studies High-need school means a school that, to any other assessments mutually are the specific types of experimental based on the most recent data available, agreeable to the authorized public studies that, depending on their design meets one or both of the following: chartering agency and the charter and implementation (e.g., sample (a) The school is in the highest school; and attrition in randomized controlled trials quartile of schools in a ranking of all (m) May serve students in early and regression discontinuity design schools served by an LEA, ranked in childhood education programs or studies), can meet What Works descending order by percentage of postsecondary students. Clearinghouse (WWC) standards students from low-income families Children from low-income families without reservations as described in the enrolled in such schools, as determined means children as described in section WWC Handbook: by the LEA based on one of the (a) A randomized controlled trial 1124(c)(1)(A) of the ESEA. following measures of poverty: employs random assignment of, for Demonstrates a rationale means a key (1) The percentage of students aged 5 example, students, teachers, classrooms, project component included in the through 17 in poverty counted in the or schools to receive the project project’s logic model is informed by most recent census data approved by the component being evaluated (the research or evaluation findings that Secretary. treatment group) or not to receive the suggest the project component is likely (2) The percentage of students eligible project component (the control group). to improve relevant outcomes. for a free or reduced-price school lunch (b) A regression discontinuity design under the Richard B. Russell National Early childhood educator means an study assigns the project component individual with primary responsibility School Lunch Act. being evaluated using a measured (3) The percentage of students in for the education of children in an ECE variable (e.g., assigning students reading program. families receiving assistance under the below a cutoff score to tutoring or State program funded under part A of Educational service agency means a developmental education classes) and regional public multiservice agency title IV of the Social Security Act. controls for that variable in the analysis (4) The percentage of students eligible authorized by State statute to develop, of outcomes. to receive medical assistance under the manage, and provide services or (c) A single-case design study uses Medicaid program. programs to LEAs. observations of a single case (e.g., a (5) A composite of two or more of the Essential components of reading student eligible for a behavioral measures described in paragraphs (1) instruction means explicit and intervention) over time in the absence through (4). systematic instruction in— and presence of a controlled treatment (b) In the case of— (a) Phonemic awareness; manipulation to determine whether the (1) An elementary school, the school (b) Phonics; outcome is systematically related to the serves students not less than 60 percent (c) Vocabulary development; treatment. of whom are eligible for a free or (d) Reading fluency, including oral High-need early childhood education reduced-price school lunch under the reading skills; and (ECE) program means an ECE program Richard B. Russell National School (e) Reading comprehension strategies. serving children from low-income Lunch Act; or Evidence-based means the proposed families that is located within the (2) Any other school that is not an project component is supported by one geographic area served by a high-need elementary school, the other school or more of strong evidence, moderate LEA. serves students not less than 45 percent evidence, promising evidence, or High-need local educational agency of whom are eligible for a free or evidence that demonstrates a rationale. (LEA) means an LEA- reduced-price school lunch under the Exemplary teacher means a teacher (a)(1) For which not less than 20 Richard B. Russell National School who— percent of the children served by the Lunch Act. (a) Is a highly qualified teacher such agency are children from low-income (c) The Secretary may, upon approval as a master teacher; families; of an application submitted by an

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eligible partnership seeking a grant (f) Faculty who— project component in improving a under title II of the HEA, designate a (1) Model the integration of research relevant outcome for a sample that school that does not qualify as a high- and practice in the classroom; and overlaps with the populations or need school under this definition, as a (2) Assist new teachers with the settings proposed to receive that high-need school for the purpose of this effective use and integration of component, based on a relevant finding competition. The Secretary must base technology in the classroom. from one of the following: the approval of an application for (g) Interdisciplinary collaboration (a) A practice guide prepared by the designation of a school under this among exemplary teachers, faculty, WWC using version 2.1 or 3.0 of the clause on a consideration of the researchers, and other staff who prepare WWC Handbook reporting a ‘‘strong information required under section new teachers with respect to the evidence base’’ or ‘‘moderate evidence 200(11)(B)(ii) of the HEA and may also learning process and the assessment of base’’ for the corresponding practice take into account other information learning. guide recommendation; submitted by the eligible partnership. (h) Assistance with the understanding (b) An intervention report prepared by of data, particularly student Note: Information on how an applicant the WWC using version 2.1 or 3.0 of the may demonstrate that a partner school meets achievement data, and the applicability WWC Handbook reporting a ‘‘positive this definition is included in the application of such data in classroom instruction. effect’’ or ‘‘potentially positive effect’’ package. (i) Regular and structured observation on a relevant outcome based on a and evaluation of new teachers by Highly competent, when used with ‘‘medium to large’’ extent of evidence, multiple evaluators, using valid and respect to an early childhood educator, with no reporting of a ‘‘negative effect’’ reliable measures of teaching skills. or ‘‘potentially negative effect’’ on a means an educator— Limited English proficient,1 when (a) With specialized education and relevant outcome; or used with respect to an individual, training in development and education (c) A single experimental study or means an individual— quasi-experimental design study of young children from birth until entry (a) Who is aged 3 through 21; into kindergarten; reviewed and reported by the WWC (b) Who is enrolled or preparing to using version 2.1 or 3.0 of the WWC (b) With— enroll in an elementary school or (i) A baccalaureate degree in an Handbook, or otherwise assessed by the secondary school; Department using version 3.0 of the academic major in the arts and sciences; (c)(1) Who was not born in the United WWC Handbook, as appropriate, and or States or whose native language is a (ii) An associate’s degree in a related that— language other than English; (1) Meets WWC standards with or educational area; and (2)(i) Who is a Native American or (c) Who has demonstrated a high level without reservations; Alaska Native, or a native resident of the of knowledge and use of content and (2) Includes at least one statistically outlying areas; and pedagogy in the relevant areas significant and positive (i.e., favorable) (ii) Who comes from an environment associated with quality early childhood effect on a relevant outcome; where a language other than English has education. (3) Includes no overriding statistically had a significant impact on the Induction program means a significant and negative effects on individual’s level of English language formalized program for new teachers relevant outcomes reported in the study proficiency; or during not less than the teachers’ first or in a corresponding WWC (3) Who is migratory, whose native two years of teaching that is designed to intervention report prepared under language is a language other than provide support for, and improve the version 2.1 or 3.0 of the WWC English, and who comes from an professional performance and advance Handbook; and environment where a language other the retention in the teaching field of, (4) Is based on a sample from more than English is dominant; and than one site (e.g., State, county, city, beginning teachers. Such program must (d) Whose difficulties in speaking, school district, or postsecondary promote effective teaching skills and reading, writing, or understanding the campus) and includes at least 350 must include the following components: English language may be sufficient to (a) High-quality teacher mentoring. students or other individuals across deny the individual— (b) Periodic, structured time for sites. Multiple studies of the same (1) The ability to meet the challenging collaboration with teachers in the same project component that each meet State academic standards; department or field, including mentor (2) The ability to successfully achieve requirements in paragraphs (c)(1), (2), teachers, as well as time for in classrooms where the language of and (3) of this definition may together information-sharing among teachers, instruction is English; or satisfy this requirement. principals, administrators, other (3) The opportunity to participate Parent includes a legal guardian or appropriate instructional staff, and fully in society. other person standing in loco parentis participating faculty in the partner Logic model (also referred to as a (such as a grandparent or stepparent institution. theory of action) means a framework with whom the child lives, or a person (c) The application of empirically- that identifies key project components who is legally responsible for the child’s based practice and scientifically valid of the proposed project (i.e., the active welfare). research on instructional practices. ‘‘ingredients’’ that are hypothesized to Partner institution means an IHE, (d) Opportunities for new teachers to be critical to achieving the relevant which may include a two-year IHE draw directly on the expertise of teacher outcomes) and describes the theoretical offering a dual program with a four-year mentors, faculty, and researchers to and operational relationships among the IHE, participating in an eligible support the integration of empirically- key project components and relevant partnership that has a teacher based practice and scientifically valid outcomes. preparation program— research with practice. Moderate evidence means that there is (a) Whose graduates exhibit strong (e) The development of skills in evidence of effectiveness of a key performance on State-determined instructional and behavioral qualifying assessments for new teachers interventions derived from empirically- 1 ESEA uses the term ‘‘English learner’’; however, through— based practice and, where applicable, the term cross-referenced from the HEA is ‘‘limited (1) Demonstrating that 80 percent or scientifically valid research. English proficient.’’ more of the graduates of the program

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who intend to enter the field of teaching competing explanations for observed (8) Are developed with extensive have passed all of the applicable State results, such as, but not limited to, participation of teachers, principals, qualification assessments for new random-assignment experiments; other school leaders, parents, teachers, which must include an (v) Presentation of studies and representatives of Indian Tribes (as assessment of each prospective teacher’s methods in sufficient detail and clarity applicable), and administrators of subject matter knowledge in the content to allow for replication or, at a schools to be served under the ESEA; area in which the teacher intends to minimum, to offer the opportunity to (9) Are designed to give teachers of teach; or build systematically on the findings of English learners, and other teachers and (2) Being ranked among the highest- the research; instructional staff, the knowledge and performing teacher preparation (vi) Acceptance by a peer-reviewed skills to provide instruction and programs in the State as determined by journal or critique by a panel of appropriate language and academic the State— independent experts through a support services to those children, (i) Using criteria consistent with the comparably rigorous, objective, and including the appropriate use of requirements for the State report card scientific review; and curricula and assessments; under section 205(b) of the HEA before (vii) Consistency of findings across (10) To the extent appropriate, the first publication of the report card; multiple studies or sites to support the provide training for teachers, principals, and generality of results and conclusions. and other school leaders in the use of (ii) Using the State report card on Professional development means technology (including education about teacher preparation required under activities that— the harms of copyright piracy), so that section 205(b), after the first publication (a) Are an integral part of school and technology and technology applications of such report card and for every year LEA strategies for providing educators are effectively used in the classroom to thereafter; and (including teachers, principals, other improve teaching and learning in the (b) That requires— school leaders, specialized instructional curricula and academic subjects in (1) Each student in the program to support personnel, paraprofessionals, which the teachers teach; meet high academic standards or and, as applicable, early childhood (11) As a whole, are regularly demonstrate a record of success, as educators) with the knowledge and evaluated for their impact on increased determined by the institution (including skills necessary to enable students to teacher effectiveness and improved prior to entering and being accepted succeed in a well-rounded education student academic achievement, with the into a program), and participate in and to meet the challenging State findings of the evaluations used to intensive clinical experience; academic standards; and improve the quality of professional (2) Each student in the program (b) Are sustained (not stand-alone, development; preparing to become a teacher who one-day, or short term workshops), (12) Are designed to give teachers of meets the applicable State certification intensive, collaborative, job-embedded, children with disabilities or children and licensure requirements, including data-driven, and classroom-focused, and with developmental delays, and other any requirements for certification may include activities that— teachers and instructional staff, the (1) Improve and increase teachers’— knowledge and skills to provide obtained through alternative routes to (i) Knowledge of the academic certification, or, with regard to special instruction and academic support subjects the teachers teach; services, to those children, including education teachers, the qualifications (ii) Understanding of how students positive behavioral interventions and described in section 612(a)(14)(C) of the learn; and IDEA; and (iii) Ability to analyze student work supports, multi-tier system of supports, (3) Each student in the program and achievement from multiple sources, and use of accommodations; preparing to become an early childhood including how to adjust instructional (13) Include instruction in the use of educator to meet degree requirements, strategies, assessments, and materials data and assessments to inform and as established by the State, and become based on such analysis; instruct classroom practice; highly competent. (2) Are an integral part of broad (14) Include instruction in ways that Principles of scientific research means schoolwide and districtwide teachers, principals, other school principles of research that— educational improvement plans; leaders, specialized instructional (a) Apply rigorous, systematic, and (3) Allow personalized plans for each support personnel, and school objective methodology to obtain reliable educator to address the educator’s administrators may work more and valid knowledge relevant to specific needs identified in observation effectively with parents and families; education activities and programs; or other feedback; (15) Involve the forming of (b) Present findings and make claims (4) Improve classroom management partnerships with IHEs, including, as that are appropriate to, and supported skills; applicable, Tribal Colleges and by, the methods that have been (5) Support the recruitment, hiring, Universities as defined in section 316(b) employed; and and training of effective teachers, of the HEA (20 U.S.C. 1059c(b)), to (c) Include, appropriate to the including teachers who became certified establish school-based teacher, research being conducted— through State and local alternative principal, and other school leader (i) Use of systematic, empirical routes to certification; training programs that provide methods that draw on observation or (6) Advance teacher understanding prospective teachers, novice teachers, experiment; of— principals, and other school leaders (ii) Use of data analyses that are (i) Effective instructional strategies with an opportunity to work under the adequate to support the general that are evidence-based; and guidance of experienced teachers, findings; (ii) Strategies for improving student principals, other school leaders, and (iii) Reliance on measurements or academic achievement or substantially faculty of such institutions; observational methods that provide increasing the knowledge and teaching (16) Create programs to enable reliable and generalizable findings; skills of teachers; paraprofessionals (assisting teachers (iv) Strong claims of causal (7) Are aligned with, and directly employed by an LEA receiving relationships, only with research related to, academic goals of the school assistance under part A of title I of the designs that eliminate plausible or LEA; ESEA) to obtain the education necessary

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for those paraprofessionals to become Relevant outcome means the student and based on measures of teacher certified and licensed teachers; outcome(s) or other outcome(s) the key effectiveness; (17) Provide follow-up training to project component is designed to (b) Provides high-quality training for teachers who have participated in improve, consistent with the specific such mentors, including instructional activities described in this paragraph goals of the program. strategies for literacy instruction and that are designed to ensure that the Scientifically valid research means classroom management (including knowledge and skills learned by the applied research, basic research, and approaches that improve the schoolwide teachers are implemented in the field-initiated research in which the climate for learning, which may include classroom; and rationale, design, and interpretation are positive behavioral interventions and (18) Where practicable, provide soundly developed in accordance with supports); jointly for school staff and other ECE principles of scientific research. (c) Provides regular and ongoing program providers, to address the Strong evidence means that there is opportunities for mentors and mentees transition to elementary school, evidence of the effectiveness of a key to observe each other’s teaching including issues related to school project component in improving a methods in classroom settings during readiness. relevant outcome for a sample that the day in a high-need school in the Project component means an activity, overlaps with the populations and high-need LEA in the eligible strategy, intervention, process, product, settings proposed to receive that partnership; practice, or policy included in a project. component, based on a relevant finding (d) Provides paid release time for Evidence may pertain to an individual from one of the following: mentors, as applicable; project component or to a combination (a) A practice guide prepared by the (e) Provides mentoring to each mentee of project components (e.g., training WWC using version 2.1 or 3.0 of the by a colleague who teaches in the same teachers on instructional practices for WWC Handbook reporting a ‘‘strong field, grade, or subject as the mentee; English learners and follow-on coaching evidence base’’ for the corresponding (f) Promotes empirically-based for these teachers). practice guide recommendation; practice of, and scientifically valid Promising evidence means that there (b) An intervention report prepared by research on, where applicable— is evidence of the effectiveness of a key the WWC using version 2.1 or 3.0 of the (1) Teaching and learning; project component in improving a WWC Handbook reporting a ‘‘positive (2) Assessment of student learning; relevant outcome, based on a relevant effect’’ on a relevant outcome based on (3) The development of teaching skills finding from one of the following: a ‘‘medium to large’’ extent of evidence, through the use of instructional and (a) A practice guide prepared by with no reporting of a ‘‘negative effect’’ behavioral interventions; and WWC reporting a ‘‘strong evidence or ‘‘potentially negative effect’’ on a (4) The improvement of the mentees’ base’’ or ‘‘moderate evidence base’’ for relevant outcome; or capacity to measurably advance student (c) A single experimental study the corresponding practice guide learning; and reviewed and reported by the WWC recommendation; (g) Includes— using version 2.1 or 3.0 of the WWC (b) An intervention report prepared by (1) Common planning time or Handbook, or otherwise assessed by the the WWC reporting a ‘‘positive effect’’ regularly scheduled collaboration for Department using version 3.0 of the or ‘‘potentially positive effect’’ on a the mentor and mentee; and WWC Handbook, as appropriate, and relevant outcome with no reporting of a (2) Joint professional development that— ‘‘negative effect’’ or ‘‘potentially (1) Meets WWC standards without opportunities. negative effect’’ on a relevant outcome; reservations; Teaching residency program means a or (2) Includes at least one statistically school-based teacher preparation (c) A single study assessed by the significant and positive (i.e., favorable) program in which a prospective Department, as appropriate, that— effect on a relevant outcome; teacher— (1) Is an experimental study, a quasi- (3) Includes no overriding statistically (a) For one academic year, teaches experimental design study, or a well- significant and negative effects on alongside a mentor teacher, who is the designed and well-implemented relevant outcomes reported in the study teacher of record; correlational study with statistical or in a corresponding WWC (b) Receives concurrent instruction controls for selection bias (e.g., a study intervention report prepared under during the year described in paragraph using regression methods to account for version 2.1 or 3.0 of the WWC (a) from the partner institution, which differences between a treatment group Handbook; and courses may be taught by LEA personnel and a comparison group); and (4) Is based on a sample from more or residency program faculty, in the (2) Includes at least one statistically than one site (e.g., State, county, city, teaching of the content area in which significant and positive (i.e., favorable) school district, or postsecondary the teacher will become certified or effect on a relevant outcome. campus) and includes at least 350 licensed; Quasi-experimental design study students or other individuals across (c) Acquires effective teaching skills; means a study using a design that sites. Multiple studies of the same and attempts to approximate an project component that each meet (d) Prior to completion of the experimental study by identifying a requirements in paragraphs (c)(1), (2), program— comparison group that is similar to the and (3) of this definition may together (i) Attains full State certification or treatment group in important respects. satisfy this requirement. licensure and, with respect to special This type of study, depending on design Teacher mentoring means the education teachers, meets the and implementation (e.g., establishment mentoring of new or prospective qualifications described in section of baseline equivalence of the groups teachers through a program that— 612(a)(14)(C) of the IDEA; and being compared), can meet WWC (a) Includes clear criteria for the (ii) Acquires a master’s degree not standards with reservations, but cannot selection of teacher mentors who will later than 18 months after beginning the meet WWC standards without provide role model relationships for program. reservations, as described in the WWC mentees, which criteria must be Teaching skills means skills that Handbook. developed by the eligible partnership enable a teacher to—

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(a) Increase student learning, Applicable Regulations: (a) The outcomes within a four-year IHE that achievement, and the ability to apply Education Department General provides intensive and sustained knowledge; Administrative Regulations in 34 CFR collaboration between faculty and LEAs (b) Effectively convey and explain parts 75, 77, 79, 82, 84, 86, 97, 98, and consistent with the requirements of title academic subject matter; 99. (b) The Office of Management and II of the HEA; and (c) Effectively teach higher-order Budget Guidelines to Agencies on (v) A school or department of arts and analytical, evaluation, problem-solving, Governmentwide Debarment and sciences within such partner institution; and communication skills; Suspension (Nonprocurement) in 2 CFR and (d) Employ strategies grounded in the part 180, as adopted and amended as (2) May include any of the following: disciplines of teaching and learning regulations of the Department in 2 CFR (i) The Governor of the State. that— part 3485. (c) The Uniform (ii) The State educational agency. (i) Are based on empirically-based Administrative Requirements, Cost (iii) The State board of education. practice and scientifically valid Principles, and Audit Requirements for (iv) The State agency for higher research, where applicable, related to Federal Awards in 2 CFR part 200, as education. teaching and learning; adopted and amended as regulations of (v) A business. (ii) Are specific to academic subject the Department in 2 CFR part 3474 (vi) A public or private nonprofit matter; and (Uniform Guidance). (d) The educational organization. (iii) Focus on the identification of Opportunity Zones NFP. (e) The (vii) An educational service agency. students’ specific learning needs, Administrative Priorities. (viii) A teacher organization. particularly students with disabilities, (ix) A high-performing LEA, or a students who are limited English Note: The regulations in 34 CFR part 86 consortium of such LEAs, that can serve proficient, students who are gifted and apply to IHEs only. as a resource to the partnership. talented, and students with low literacy (x) A charter school. levels, and the tailoring of academic II. Award Information (xi) A school or department within instruction to such needs; Type of Award: Discretionary grants. the partner institution that focuses on (e) Conduct an ongoing assessment of Estimated Available Funds: psychology and human development. student learning, which may include the $9,000,000. (xii) A school or department within use of formative assessments, Contingent upon the availability of the partner institution with comparable performance-based assessments, project- funds and the quality of applications, expertise in the disciplines of teaching, based assessments, or portfolio we may make additional awards in learning, and child and adolescent assessments, that measures higher-order subsequent years from the list of development. thinking skills (including application, unfunded applications from this (xiii) An entity operating a program analysis, synthesis, and evaluation); competition. that provides alternative routes to State (f) Effectively manage a classroom, Estimated Range of Awards: certification of teachers. including the ability to implement $500,000–$1,500,000. Note: So that the Department can confirm positive behavioral interventions and Estimated Average Size of Awards: the eligibility of the LEA(s) that an applicant support strategies; $750,000 for the first year of the project. proposes to serve, applicants must include (g) Communicate and work with Funding for the second, third, fourth, information in their applications that parents, and involve parents in their and fifth years is subject to the demonstrates that each LEA to potentially be children’s education; and availability of funds and the approval of served by the project is a ‘‘high-need LEA’’ (h) Use, in the case of an early continuation awards (see 34 CFR (as defined in this notice). Applicants should childhood educator, age-appropriate 75.253). review the application package for additional and developmentally appropriate Maximum Award: We will not make information on determining whether an LEA meets the definition of ‘‘high-need LEA.’’ strategies and practices for children in an award exceeding $1,500,000 to any early childhood education programs. applicant per 12-month budget period. Note: An LEA includes a public charter What Works Clearinghouse Handbook Estimated Number of Awards: 10–15. school that operates as an LEA. (WWC Handbook) means the standards Note: The Department is not bound by and procedures set forth in the WWC any estimates in this notice. Note: As required by HEA section Procedures and Standards Handbook, Project Period: 60 months. 203(a)(2), an eligible partnership may not Version 3.0 or Version 2.1 (incorporated receive more than one grant during a five- by reference, see 34 CFR 77.2). Study III. Eligibility Information year period. findings eligible for review under WWC 1. Eligible Applicants: An eligible More information on eligible standards can meet WWC standards applicant must be an ‘‘eligible partnerships can be found in the TQP without reservations, meet WWC partnership’’ as defined in section FAQ document on the program website standards with reservations, or not meet 200(6) of the HEA. The term ‘‘eligible at https://oese.ed.gov/offices/office-of- WWC standards. WWC practice guides partnership’’ means an entity that— discretionary-grants-support-services/ and intervention reports include (1) Must include— effective-educator-development- findings from systematic reviews of (i) A high-need LEA; programs/teacher-quality-partnership/ evidence as described in the Handbook (ii) (A) A high-need school or a applicant-info-and-eligibility/. documentation. consortium of high-need schools served 2. a. Cost Sharing or Matching: Under Note: The What Works Clearinghouse by the high-need LEA; or section 203(c) of the HEA (20 U.S.C. Procedures and Standards Handbook (B) As applicable, a high-need ECE 1022b(c)), each grant recipient must (Version 3.0), as well as the more recent program; provide, from non-Federal sources, an What Works Clearinghouse Handbooks (iii) A partner institution; amount equal to 100 percent of the released in October 2017 (Version 4.0) and (iv) A school, department, or program amount of the grant, which may be January 2020 (Version 4.1), are available at of education within such partner provided in cash or in-kind, to carry out https://ies.ed.gov/ncee/wwc/Handbooks. institution, which may include an the activities supported by the grant. Program Authority: 20 U.S.C. 1021– existing teacher professional Applicants should budget their cost 1022c. development program with proven share or matching contributions on an

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annual basis for the entire five-year accordance with section 202(k) of the new teachers to understand and use project period. Applicants must use the HEA (20 U.S.C. 1022a(k)), funds made research and data to modify and TQP Budget Worksheet to provide available under this program must be improve classroom instruction; evidence of how they propose to meet used to supplement, and not supplant, (d) A description of— their cost share or matching other Federal, State, and local funds that (1) How the eligible partnership will contributions for the entire five-year would otherwise be expended to carry coordinate strategies and activities project period. out activities under this program. assisted under the grant with other Consistent with 2 CFR 200.306(b) of Additionally, the supplement-not- teacher preparation or professional the Uniform Guidance, any cost share or supplant requirement applies to all cost development programs, including matching funds must be an allowable share or matching funds under the programs funded under the ESEA and use of funds consistent with the cost program. the IDEA, and through the National principles detailed in Subpart E of the c. Indirect Cost Rate: This program Science Foundation; and Uniform Guidance, and not included as uses a training indirect cost rate. This (2) How the activities of the a contribution for any other Federal limits indirect cost reimbursement to an partnership will be consistent with award. entity’s actual indirect costs, as State, local, and other education reform Section 203(c) of the HEA authorizes determined in its negotiated indirect activities that promote teacher quality the Secretary to waive this cost share or cost rate agreement, or eight percent of and student academic achievement; matching requirement for any fiscal year a modified total direct cost base, (e) An assessment that describes the for an eligible partnership if the whichever amount is less. For more resources available to the eligible Secretary determines that applying the information regarding training indirect partnership, including— cost share or matching requirement to cost rates, see 34 CFR 75.562. For more (1) The integration of funds from the eligible partnership would result in information regarding indirect costs, or other related sources; serious hardship or an inability to carry to obtain a negotiated indirect cost rate, (2) The intended use of the grant out authorized TQP program activities. please see https://www2.ed.gov/about/ funds; and The Secretary does not, as a general offices/list/ocfo/intro.html. (3) The commitment of the resources matter, anticipate waiving this 3. Subgrantees: Under 34 CFR of the partnership to the activities requirement in the future. Furthermore, 75.708(b) and (c), a grantee under this assisted under this program, including given the importance of cost share or competition may award subgrants to financial support, faculty participation, matching funds to the long-term success directly carry out project activities and time commitments, and to the of the project, eligible entities must described in its application to the continuation of the activities when the identify appropriate cost share or following types of entities: LEAs, SEAs, grant ends; matching funds for the proposed five- nonprofit organizations, or a business. (f) A description of— year project period. Finally, the The grantee may award subgrants to (1) How the eligible partnership will selection criteria include factors such as entities it has identified in an approved meet the purposes of the TQP program ‘‘the adequacy of support, including application. as specified in section 201 of the HEA; facilities, equipment, supplies, and 4. Other: (2) How the partnership will carry out other resources, from the applicant a. Limitation on Administrative the activities required under the organization or the lead applicant Expenses: absolute priority, as described in this organization’’ and ‘‘the extent to which Under HEA section 203(d) (20 U.S.C. notice, based on the needs identified in the applicant demonstrates that it has 1022b(d)), an eligible partnership that paragraph (a), with the goal of the resources to operate the project receives a grant under this program may improving student academic beyond the length of the grant, not use more than two percent of the achievement; including a multi-year financial and funds provided to administer the grant. (3) If the partnership chooses to use operating model and accompanying b. General Application Requirements: funds under this section for a project or plan; the demonstrated commitment of All applicants must meet the activities under section 202(f) of the any partners; evidence of broad support following general application HEA, how the partnership will carry out from stakeholders (e.g., State requirements in order to be considered such project or required activities based educational agencies, teachers’ unions) for funding. Except as specifically on the needs identified in paragraph (a), critical to the project’s long term noted, the general application with the goal of improving student success; or more than one of these types requirements are from HEA section academic achievement; of evidence’’ which may include a 202(b) (20 U.S.C. 1022a(b)). (4) The partnership’s evaluation plan consideration of demonstrated cost Each eligible partnership desiring a under section 204(a) of the HEA; (5) How the partnership will align the share or matching support. grant under this program must submit an application that contains— teacher preparation program with the— Note: The combination of Federal and non- (a) A needs assessment of the partners (i) State early learning standards for Federal funds should equal the total cost of in the eligible partnership with respect ECE programs, as appropriate, and with the project. Therefore, grantees are required to the preparation, ongoing training, the relevant domains of early childhood to support no less than 50 percent of the total cost of the project with non-Federal funds. professional development, and retention development; and Grantees are strongly encouraged to take this of general education and special (ii) Challenging State academic requirement into account when requesting education teachers, principals, and, as standards under section 1111(b)(1) of Federal funds. Grantees must budget their applicable, early childhood educators; the ESEA, established by the State in requests accordingly and must verify that (b) A description of the extent to which the partnership is located; their budgets reflect the costs allocations which the program to be carried out (6) How the partnership will prepare appropriately. (Cost Share or Matching with grant funds, as described in the general education teachers to teach Formula: Total Project Cost divided by two absolute priority in this notice, will students with disabilities, including equals Federal Award Amount). prepare prospective and new teachers training related to participation as a b. Supplement-Not-Supplant: This with strong teaching skills; member of individualized education program involves supplement-not- (c) A description of how such a program teams, as defined in section supplant funding requirements. In program will prepare prospective and 614(d)(1)(B) of the IDEA;

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(7) How the partnership will prepare development of the new teachers’ Consistent with Executive Order general education and special education teaching skills, including the use of 12600, please designate in your teachers to teach students who are mentors who are trained and application any information that you limited English proficient; compensated by such program for the believe is exempt from disclosure under (8) How faculty at the partner mentors’ work with new teachers; and Exemption 4. In the appropriate institution will work during the term of (4) A description of how faculty Appendix section of your application, the grant, with teachers who meet the involved in the induction program will under ‘‘Other Attachments Form,’’ applicable State certification and be able to substantially participate in an please list the page number or numbers licensure requirements, including any ECE program or elementary school or on which we can find this information. requirements for certification obtained secondary school classroom setting, as For additional information please see 34 through alternative routes to applicable, including release time and CFR 5.11(c). certification, or, with regard to special receiving workload credit for such 3. Intergovernmental Review: This education teachers, the qualifications participation. program is subject to Executive Order described in section 612(a)(14)(C) of the IV. Application and Submission 12372 and the regulations in 34 CFR IDEA, in the classrooms of high-need Information part 79. Information about schools served by the high-need LEA in Intergovernmental Review of Federal the partnership to— 1. Application Submission Programs under Executive Order 12372 (i) Provide high-quality professional Instructions: Applicants are required to is in the application package for this development activities to strengthen the follow the Common Instructions for competition. content knowledge and teaching skills Applicants to Department of Education 4. Funding Restrictions: We specify of elementary school and secondary Discretionary Grant Programs, unallowable costs in 2 CFR 200, subpart school teachers; and published in the Federal Register on E. We reference additional regulations (ii) Train other classroom teachers to February 13, 2019 (84 FR 3768) and outlining funding restrictions in the implement literacy programs that available at www.govinfo.gov/content/ Applicable Regulations section of this incorporate the essential components of pkg/FR-2019-02-13/pdf/2019-02206.pdf, notice. reading instruction; which contain requirements and information on how to submit an Note: Tuition is not an allowable use of (9) How the partnership will design, funds under this program. implement, or enhance a year-long and application. Grants.gov has relaxed the rigorous teaching preservice clinical requirement for applicants to have an 5. Recommended Page Limit: The program component; active registration in the System for application narrative is where you, the (10) How the partnership will support Award Management (SAM) in order to applicant, address the selection criteria in-service professional development apply for funding during the COVID–19 that reviewers use to evaluate your strategies and activities; and pandemic. An applicant that does not application. We recommend that you (1) (11) How the partnership will collect, have an active SAM registration can still limit the application narrative to no analyze, and use data on the retention register with Grants.gov, but must more than 50 pages and (2) use the of all teachers and early childhood contact the Grants.gov Support Desk, following standards: educators in schools and ECE programs toll-free, at 1–800–518–4726, in order to • A ‘‘page’’ is 8.5″ × 11″, on one side located in the geographic area served by take advantage of this flexibility. only, with 1″ margins at the top, bottom, the partnership to evaluate the Note: The Department has submitted to the and both sides. effectiveness of the partnership’s Office of Management and Budget for its • Double space (no more than three teacher and educator support system; approval an Information Collection package lines per vertical inch) all text in the and that will require all TQP applicants to application narrative, including titles, (g) With respect to the induction complete and submit all TQP program headings, footnotes, quotations, program required as part of the activities checklists at the time of application. This references, and captions, as well as all information collection also includes a text in charts, tables, figures, and carried out under the absolute priority— required budget worksheet that will (1) A demonstration that the schools graphs. document applicants’ requested Federal • and departments within the IHE that are funds as well as their non-Federal cost share Use a font that is either 12 point or part of the induction program will and matching funds. larger or no smaller than 10 pitch effectively prepare teachers, including Applications that do not include the TQP (characters per inch). providing content expertise and program checklists will be considered • Use one of the following fonts: expertise in teaching, as appropriate; incomplete and may not be reviewed. Times New Roman, Courier, Courier (2) A demonstration of the eligible 2. Submission of Proprietary New, or Arial. partnership’s capability and Information: Given the types of projects Furthermore, applicants are strongly commitment to, and the accessibility to that may be proposed in applications for encouraged to include a table of and involvement of faculty in, the use the TQP program, your application may contents that specifies where each of empirically based practice and include business information that you required part of the application is scientifically valid research on teaching consider proprietary. In 34 CFR 5.11, we located. and learning; define ‘‘business information’’ and 6. Notice of Intent To Apply: The (3) A description of how the teacher describe the process we use in Department will be able to develop a preparation program will design and determining whether any of that more efficient process for reviewing implement an induction program to information is proprietary and, thus, grant applications if it has a better support, though not less than the first protected from disclosure under understanding of the number of entities two years of teaching, all new teachers Exemption 4 of the Freedom of that intend to apply for funding under who are prepared by the teacher Information Act (5 U.S.C. 552, as this competition. Therefore, the preparation program in the partnership amended). Secretary strongly encourages each and who teach in the high-need LEA in Because we plan to make successful potential applicant to notify the the partnership, and, to the extent applications available to the public, you Department of its intent to submit an practicable, all new teachers who teach may wish to request confidentiality of application for funding by sending an in such high-need LEA, in the further business information. email to [email protected] with FY

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2020 TQP Intent to Apply in the subject (iii) The extent to which costs are unsatisfactory performance; has a line. Applicants that do not send a reasonable in relation to the objectives, financial or other management system notice of intent to apply may still apply design, and potential significance of the that does not meet the standards in 2 for funding. proposed project. CFR part 200, subpart D; has not (iv) The extent to which the applicant fulfilled the conditions of a prior grant; V. Application Review Information demonstrates that it has the resources to or is otherwise not responsible. 1. Selection Criteria: The selection operate the project beyond the length of 4. Integrity and Performance System: criteria for this competition are from 34 the grant, including a multi-year If you are selected under this CFR 75.210. An applicant may earn up financial and operating model and competition to receive an award that to a total of 100 points based on the accompanying plan; the demonstrated over the course of the project period selection criteria. The maximum score commitment of any partners; evidence may exceed the simplified acquisition for each criterion is indicated in of broad support from stakeholders (e.g., threshold (currently $250,000), under 2 parentheses. Each criterion also State educational agencies, teachers’ CFR 200.205(a)(2) we must make a includes the sub-factors that the unions) critical to the project’s long- judgment about your integrity, business reviewers will consider in determining term success; or more than one of these ethics, and record of performance under how well an application meets the types of evidence. Federal awards—that is, the risk posed criterion. The criteria are as follows: (d) Quality of the management plan by you as an applicant—before we make (a) Quality of the project design (up to (up to 20 points). an award. In doing so, we must consider 30 points). The Secretary considers the quality of any information about you that is in the The Secretary considers the quality of the management plan for the proposed integrity and performance system the design of the proposed project. In project. In determining the quality of the (currently referred to as the Federal determining the quality of the design of management plan for the proposed Awardee Performance and Integrity the proposed project, the Secretary project, the Secretary considers the Information System (FAPIIS)), considers the following factors: following factors: accessible through the System for (i) The adequacy of the management (i) The extent to which the proposed Award Management. You may review plan to achieve the objectives of the project demonstrates a rationale. and comment on any information about proposed project on time and within (ii) The extent to which the goals, yourself that a Federal agency budget, including clearly defined objectives, and outcomes to be achieved previously entered and that is currently responsibilities, timelines, and by the proposed project are clearly in FAPIIS. milestones for accomplishing project specified and measurable. Please note that, if the total value of (iii) The extent to which the proposed tasks. your currently active grants, cooperative project represents an exceptional (ii) The relevance and demonstrated agreements, and procurement contracts approach for meeting statutory purposes commitment of each partner in the from the Federal government exceeds and requirements. proposed project to the implementation $10,000,000, the reporting requirements (iv) The extent to which the proposed and success of the project. in 2 CFR part 200, Appendix XII, project is part of a comprehensive effort 2. Review and Selection Process: We require you to report certain integrity to improve teaching and learning and remind potential applicants that in information to FAPIIS semiannually. support rigorous academic standards for reviewing applications in any Please review the requirements in 2 CFR students. discretionary grant competition, the (b) Quality of the project evaluation Secretary may consider, under 34 CFR part 200, Appendix XII, if this grant (up to 20 points). 75.217(d)(3), the past performance of the plus all the other Federal funds you The Secretary considers the quality of applicant in carrying out a previous receive exceed $10,000,000. the evaluation to be conducted of the award, such as the applicant’s use of VI. Award Administration Information proposed project. In determining the funds, achievement of project quality of the evaluation, the Secretary objectives, and compliance with grant 1. Award Notices: If your application considers the following factors: conditions. The Secretary may also is successful, we notify your U.S. (i) The extent to which the methods consider whether the applicant failed to Representative and U.S. Senators and of evaluation will provide valid and submit a timely performance report or send you a Grant Award Notification reliable performance data on relevant submitted a report of unacceptable (GAN); or we may send you an email outcomes. quality. containing a link to access an electronic (ii) The extent to which the methods In addition, in making a competitive version of your GAN. We may notify of evaluation are thorough, feasible, and grant award, the Secretary requires you informally, also. appropriate to the goals, objectives, and various assurances, including those If your application is not evaluated or outcomes of the proposed project. applicable to Federal civil rights laws not selected for funding, we notify you. (c) Adequacy of resources (up to 30 that prohibit discrimination in programs 2. Administrative and National Policy points). or activities receiving Federal financial Requirements: We identify The Secretary considers the adequacy assistance from the Department (34 CFR administrative and national policy of resources for the proposed project. In 100.4, 104.5, 106.4, 108.8, and 110.23). requirements in the application package determining the adequacy of resources 3. Risk Assessment and Specific and reference these and other for the proposed project, the Secretary Conditions: Consistent with 2 CFR requirements in the Applicable considers the following factors: 200.205, before awarding grants under Regulations section of this notice. (i) The adequacy of support, including this competition the Department We reference the regulations outlining facilities, equipment, supplies, and conducts a review of the risks posed by the terms and conditions of an award in other resources, from the applicant applicants. Under 2 CFR 3474.10, the the Applicable Regulations section of organization or the lead applicant Secretary may impose specific this notice and include these and other organization. conditions and, in appropriate specific conditions in the GAN. The (ii) The extent to which the budget is circumstances, high-risk conditions on a GAN also incorporates your approved adequate to support the proposed grant if the applicant or grantee is not application as part of your binding project. financially stable; has a history of commitments under the grant.

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3. Open Licensing Requirements: effectiveness of the grantee’s project, as Applicants must also address the Unless an exception applies, if you are well as the TQP program as a whole: evaluation requirements in section awarded a grant under this competition, (a) Performance Measure 1: 204(a) of the HEA (20 U.S.C. 1022c(a)). you will be required to openly license Certification/Licensure. The percentage This section asks applicants to develop to the public grant deliverables created of program graduates who have attained objectives and measures for increasing— in whole, or in part, with Department initial State certification/licensure by (1) Achievement for all prospective grant funds. When the deliverable passing all necessary licensure/ and new teachers, as measured by the consists of modifications to pre-existing certification assessments within one eligible partnership; works, the license must extend only to year of program completion. (2) Teacher retention in the first three those modifications that can be (b) Performance Measure 2: STEM years of a teacher’s career; separately identified and only to the Graduation. The percentage of math/ (3) Improvement in the pass rates and extent that open licensing is permitted science program graduates that attain scaled scores for initial State under the terms of any licenses or other initial certification/licensure by passing certification or licensure of teachers; legal restrictions on the use of pre- all necessary licensure/certification and existing works. Additionally, a grantee assessments within one year of program (4) The percentage of teachers who or subgrantee that is awarded completion, if applicable to the meet the applicable State certification competitive grant funds must have a applicant or grantee’s project. and licensure requirements, including plan to disseminate these public grant (c) Performance Measure 3: One-Year any requirements for certification deliverables. This dissemination plan Persistence. The percentage of program obtained through alternative routes to can be developed and submitted after participants who were enrolled in the certification, or, with regard to special your application has been reviewed and postsecondary program in the previous education teachers, the qualifications selected for funding. For additional grant reporting period, did not graduate, described in section 612(a)(14)(C) of the information on the open licensing and persisted in the postsecondary IDEA (20 U.S.C. 1412(a)(14)(C)), hired requirements please refer to 2 CFR program in the current grant reporting by the high-need LEA participating in 3474.20. period. the eligible partnership; 4. Reporting: (a) If you apply for a (d) Performance Measure 4: One-Year (5) The percentage of teachers who grant under this competition, you must Employment Retention. The percentage meet the applicable State certification ensure that you have in place the of program completers who were and licensure requirements, including necessary processes and systems to employed for the first time as teachers any requirements for certification comply with the reporting requirements of record in the preceding year by the obtained through alternative routes to in 2 CFR part 170 should you receive partner high-need LEA or ECE program certification, or, with regard to special funding under the competition. This and were retained for the current school education teachers, the qualifications does not apply if you have an exception year. described in section 612(a)(14)(C) of the under 2 CFR 170.110(b). (e) Performance Measure 5: Three- IDEA (20 U.S.C. 1412(a)(14)(C)), hired (b) At the end of your project period, Year Employment Retention. The by the high-need LEA who are members you must submit a final performance percentage of program completers who of underrepresented groups; report, including financial information, were employed by the partner high-need (6) The percentage of teachers who as directed by the Secretary. If you LEA or ECE program for three meet the applicable State certification receive a multiyear award, you must consecutive years after initial and licensure requirements, including submit an annual performance report employment. any requirements for certification that provides the most current (f) Performance Measure 6: Student obtained through alternative routes to performance and financial expenditure Learning. The percentage of grantees certification, or, with regard to special information as directed by the Secretary that report improved aggregate learning education teachers, the qualifications under 34 CFR 75.118. The Secretary outcomes of students taught by new described in section 612(a)(14)(C) of the may also require more frequent teachers. These data can be calculated IDEA (20 U.S.C. 1412(a)(14)(C)), hired performance reports under 34 CFR using student growth, a teacher by the high-need LEA who teach high- 75.720(c). For specific requirements on evaluation measure, or both. (This need academic subject areas (such as reporting, please go to www.ed.gov/ measure is optional and not required as reading, mathematics, science, and fund/grant/apply/appforms/ part of GPRA reporting.) foreign language, including less appforms.html. (g) Efficiency Measure: The Federal commonly taught languages and critical (c) Under 34 CFR 75.250(b), the cost per program completer. (This data foreign languages); Secretary may provide a grantee with will not be available until the final year (7) The percentage of teachers who additional funding for data collection of the project period.) meet the applicable State certification analysis and reporting. In this case the Note: If funded, grantees will be asked to and licensure requirements, including Secretary establishes a data collection collect and report data on these measures in any requirements for certification period. their project’s annual performance reports obtained through alternative routes to 5. Performance Measures: The goal of (34 CFR 75.590). Applicants are also advised certification, or, with regard to special the TQP program is to increase student to consider these measures in education teachers, the qualifications conceptualizing the design, implementation, achievement in K–12 schools by and evaluation of their proposed projects described in section 612(a)(14)(C) of the developing teachers who meet because of their importance in the IDEA (20 U.S.C. 1412(a)(14)(C)), hired applicable State certification, including application review process. Collection of data by the high-need LEA who teach in any requirements for certification on these measures should be a part of the high-need areas (including special obtained through alternative routes to evaluation plan, along with measures of education, language instruction certification, and licensure progress on goals and objectives that are educational programs for limited requirements. specific to your project. English proficient students, and early Under the Government Performance All grantees will be expected to childhood education); and Results Act of 1993 (GPRA), the submit an annual performance report (8) The percentage of teachers who following measures will be used by the documenting their success in addressing meet the applicable State certification Department to evaluate the overall these performance measures. and licensure requirements, including

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any requirements for certification www.govinfo.gov. At this site you can of the 50 States, Puerto Rico, and the obtained through alternative routes to view this document, as well as all other District of Columbia, and for the Bureau certification, or, with regard to special documents of this Department of Indian Education (BIE), some or all of education teachers, the qualifications published in the Federal Register, in the following requirements: described in section 612(a)(14)(C) of the text or Portable Document Format • Section 1127(b) of Title I, Part A of IDEA (20 U.S.C. 1412(a)(14)(C)), hired (PDF). To use PDF you must have the Elementary and Secondary by the high-need LEA who teach in Adobe Acrobat Reader, which is Education Act of 1965, as amended high-need schools, disaggregated by the available free at the site. (ESEA), so that an SEA may waive, more elementary school and secondary school You may also access documents of the than once every three years, if levels; Department published in the Federal necessary, the 15 percent carryover (9) As applicable, the percentage of Register by using the article search limitation in ESEA section 1127(a) for ECE program classes in the geographic feature at: www.federalregister.gov. fiscal year (FY) 2019 Title I, Part A area served by the eligible partnership Specifically, through the advanced funds. • taught by early childhood educators search feature at this site, you can limit Section 421(b) of the General who are highly competent; and your search to documents published by Education Provisions Act (GEPA) to (10) As applicable, the percentage of the Department. extend the period of availability of FY teachers trained— 2018 funds for programs in which an (i) To integrate technology effectively Frank T. Brogan, SEA participates under its approved into curricula and instruction, including Assistant Secretary for Elementary and consolidated State plan until September technology consistent with the Secondary Education. 30, 2021. The programs include: principles of universal design for [FR Doc. 2020–10509 Filed 5–15–20; 8:45 am] Æ Title I, Part A of the ESEA learning; and BILLING CODE 4000–01–P (Improving Basic Programs Operated by (ii) To use technology effectively to LEAs), including the portions of an collect, manage, and analyze data to SEA’s Title I, Part A award used to carry improve teaching and learning for the DEPARTMENT OF EDUCATION out section 1003 school improvement, purpose of improving student academic section 1003A direct student services, if achievement. Notice of Waivers Granted Under applicable, and Title I, Part D, Subpart 6. Continuation Awards: In making a Section 3511 of the Coronavirus Aid, 2. continuation award under 34 CFR Relief, and Economic Security Æ Title I, Part B of the ESEA (State 75.253, the Secretary considers, among (CARES) Act Assessment Formula Grants). Æ Title I, Part C of the ESEA other things: Whether a grantee has AGENCY: Office of Elementary and made substantial progress in achieving (Education of Migratory Children). Secondary Education, Department of Æ Title I, Part D, Subpart 1 of the the goals and objectives of the project; Education. whether the grantee has expended funds ESEA (Prevention and Intervention ACTION: Notice. in a manner that is consistent with its Programs for Children and Youth Who approved application and budget; Are Neglected, Delinquent, or At Risk). SUMMARY: In this notice, we announce Æ Title II, Part A of the ESEA whether the grantee has met the waivers that the U.S. Department of required non-Federal cost share or (Supporting Effective Instruction). Education (Department) granted, within Æ Title III, Part A of the ESEA matching requirement; and, if the the last 30 days, under the CARES Act. (English Language Acquisition, Secretary has established performance FOR FURTHER INFORMATION CONTACT: Language Enhancement, and Academic measurement requirements, the Patrick Rooney, U.S. Department of Achievement). performance targets in the grantee’s Education, 400 Maryland Avenue SW, Æ Title IV, Part A of the ESEA approved application. Room 3W202, Washington, DC 20202. (Student Support and Academic In making a continuation award, the Telephone: (202) 453–5514. Email: Enrichment Grants). Secretary also considers whether the [email protected]. Æ Title IV, Part B of the ESEA (21st grantee is operating in compliance with If you use a telecommunications Century Community Learning Centers). the assurances in its approved device for the deaf (TDD) or a text Æ Title V, Part B, Subpart 2 of the application, including those applicable telephone (TTY), call the Federal Relay ESEA (Rural and Low-Income School to Federal civil rights laws that prohibit Service (FRS), toll free, at 1–800–877– Program). discrimination in programs or activities Æ 8339. McKinney-Vento Education for receiving Federal financial assistance Homeless Children and Youth Program. from the Department (34 CFR 100.4, SUPPLEMENTARY INFORMATION: Section • Section 4106(d) of Title IV, Part A 104.5, 106.4, 108.8, and 110.23). 3511(d)(3) of the CARES Act requires of the ESEA related to local educational the Secretary to publish, in the Federal VII. Other Information agency (LEA) needs assessments for the Register and on the Department’s 2019–2020 school year. Accessible Format: Individuals with website, a notice of the Secretary’s • Section 4106(e)(2)(C), (D), and (E) of disabilities can obtain this document decision to grant a waiver under that Title IV, Part A of the ESEA with respect and a copy of the application package in section. The Secretary must publish this to content-area spending requirements an accessible format (e.g., braille, large notice no later than 30 days after for FYs 2018 and 2019 Title IV, Part A print, audiotape, or compact disc) on granting the waiver and the notice must funds. request to the program contact person include which waiver was granted and • Section 4109(b) of Title IV, Part A listed under FOR FURTHER INFORMATION the reason for granting the waiver. This of the ESEA with respect to the CONTACT. notice fulfills the Department’s spending limitation for technology Electronic Access to This Document: obligation under section 3511(d)(3). infrastructure for FYs 2018 and 2019 The official version of this document is Title IV, Part A funds. the document published in the Federal Waiver Data • Section 8101(42) of the ESEA, Register. You may access the official As described in more detail below, which defines ‘‘professional edition of the Federal Register and the the Department waived, for State development,’’ for activities funded for Code of Federal Regulations at: educational agencies (SEAs) from each the 2019–2020 school year.

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Reasons: Due to the extraordinary print, audiotape, or compact disc) on FOR FURTHER INFORMATION CONTACT: For circumstances caused by the COVID–19 request to the program contact person specific questions related to collection pandemic and resulting school closures, listed under FOR FURTHER INFORMATION activities, please contact Cheryl Gibbs, the Department invited SEAs to request CONTACT. 202–453–5690. waivers to provide fiscal and Electronic Access to This Document: SUPPLEMENTARY INFORMATION: The operational flexibility and to help SEAs The official version of this document is Department of Education (ED), in and LEAs in their planning for how to the document published in the Federal accordance with the Paperwork resume education. The waivers provide Register. You may access the official Reduction Act of 1995 (PRA) (44 U.S.C. an SEA the ability to approve an LEA edition of the Federal Register and the 3506(c)(2)(A)), provides the general to carry over more than 15 percent of its Code of Federal Regulations at public and Federal agencies with an Title I, Part A funds, even if the LEA www.govinfo.gov. At this site you can opportunity to comment on proposed, had received approval to exceed this view this document, as well as all other revised, and continuing collections of limitation in the past three years. An documents of this Department information. This helps the Department SEA would be able to extend for itself published in the Federal Register, in assess the impact of its information and its subgrantees the period of text or Portable Document Format collection requirements and minimize availability of FY 2018 funds for (PDF). To use PDF you must have the public’s reporting burden. It also programs included in its consolidated Adobe Acrobat Reader, which is helps the public understand the State plan to allow additional time to available free at the site. Department’s information collection obligate those funds. An SEA would You may also access documents of the requirements and provide the requested also be able to permit an LEA or Department published in the Federal data in the desired format. ED is consortium of LEAs to use its Title IV, Register by using the article search soliciting comments on the proposed Part A funds to best meet its needs feature at: www.federalregister.gov. information collection request (ICR) that without regard to content-area spending Specifically, through the advanced is described below. The Department of requirements, spending limits on search feature at this site, you can limit Education is especially interested in technology infrastructure, or completing your search to documents published by public comment addressing the a needs assessment. Finally, by waiving the Department. following issues: (1) Is this collection the definition of professional Frank T. Brogan, necessary to the proper functions of the development, an SEA and its Department; (2) will this information be subgrantees would be able to conduct Assistant Secretary for Elementary and Secondary Education. processed and used in a timely manner; time-sensitive, one-time or stand-alone (3) is the estimate of burden accurate; [FR Doc. 2020–10563 Filed 5–15–20; 8:45 am] professional development focused on (4) how might the Department enhance supporting educators to provide BILLING CODE 4000–01–P the quality, utility, and clarity of the effective distance learning. information to be collected; and (5) how Waiver Applicants: might the Department minimize the SEAs from all 50 States, the District DEPARTMENT OF EDUCATION burden of this collection on the of Columbia, Puerto Rico, and BIE respondents, including through the use requested and received these waivers. [Docket No.: ED–2020–SCC–0070] of information technology. Please note Each received all of the waivers listed that written comments received in above, with the following exceptions: Agency Information Collection • Title I, Part B: Vermont did not Activities; Submission to the Office of response to this notice will be request a waiver under section 421(b) of Management and Budget for Review considered public records. GEPA to extend the period of and Approval; Comment Request; Title of Collection: Fiscal Year 2020 availability of FY 2018 funds. Fiscal Year 2020 Application for Grants Application for Grants under the • Title I, Part C: BIE, Connecticut, the Under the International Research and International Research and Studies District of Columbia, Puerto Rico, Rhode Studies Program Program. OMB Control Number: 1840–0795. Island, West Virginia, and Wyoming did AGENCY: Office of Postsecondary not request a waiver under section Type of Review: An extension of an Education (OPE), Department of existing information collection. 421(b) of GEPA to extend the period of Education (ED). availability of FY 2018 funds. Respondents/Affected Public: Private • Title I, Part D, Subpart 1: BIE, South ACTION: Notice. Sector. Dakota, and Vermont did not request a Total Estimated Number of Annual SUMMARY: In accordance with the Responses: 25. waiver under section 421(b) of GEPA to Paperwork Reduction Act of 1995, ED is extend the period of availability of FY Total Estimated Number of Annual proposing an extension of an existing Burden Hours: 5,000. 2018 funds. information collection. • Title III, Part A: BIE did not request Abstract: The U.S. Department of a waiver under section 421(b) of GEPA DATES: Interested persons are invited to Education, International and Foreign to extend the period of availability of FY submit comments on or before June 17, Language Education office intends to 2018 funds. 2025. use this information collection to invite • Title V, Part B, Subpart 2: Alaska, ADDRESSES: Written comments and Fiscal Year 2020 grant applications from Connecticut, Delaware, the District of recommendations for proposed eligible institutions, public and private Columbia, Hawaii, Puerto Rico, and information collection requests should agencies, organizations, and individuals Rhode Island did not receive a waiver be sent within 30 days of publication of who propose to conduct research and under section 421(b) of GEPA to extend this notice to www.reginfo.gov/public/ studies to improve and strengthen the period of availability of FY 2018 do/PRAMain. Find this particular instruction in modern foreign languages, funds. information collection request by area studies, and other international Accessible Format: Individuals with selecting ‘‘Department of Education’’ fields. This information collection is disabilities can obtain this document under ‘‘Currently Under Review,’’ then integral to the pre-award phase of our and a copy of the application package in check ‘‘Only Show ICR for Public grant-making activities because external an accessible format (e.g., braille, large Comment’’ checkbox. peer review panels review the

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information in grant applications to large print, audiotape, or compact disc) TOPIC ADDRESSED: EVALUATIONS, evaluate the competitive quality in a by contacting Jessica Spataro at (202) PARENTAL CONSENT, AND comparative context. By extension, the 245–6493. REEVALUATIONS collection is also significant because the SUPPLEMENTARY INFORMATION: The Æ Letter dated February 22, 2019, to peer reviewers’ evaluations inform following list identifies correspondence Oakland Schools, Executive Director for which applications are selected for for five quarters, January 1, 2019, Special Populations, Karen J. Olex, funding. This information collection, through March 31, 2020. Under section regarding parental consent prior to which constitutes a potential grantee’s 607(f) of IDEA, the Secretary is required conducting transition assessments. approved project for a three-year period, to publish this list quarterly in the is also necessary for our post-award SECTION 615—PROCEDURAL Federal Register. The list includes those SAFEGUARDS activities which include annual letters that contain interpretations of the performance reports, non-competing TOPIC ADDRESSED: PROTECTIONS requirements of IDEA and its FOR CHILDREN NOT YET ELIGIBLE continuation awards, technical implementing regulations, as well as assistance, project monitoring, risk FOR SPECIAL EDUCATION AND letters and other documents that the RELATED SERVICES assessment, identifying best practices, Department believes will assist the Æ Letter dated January 29, 2019, to and assessing project and program public in understanding the New York Office of Legal Services, impact. requirements of the law. The list Executive Deputy Counsel for Risk Dated: May 13, 2020. identifies the date and topic of each Management and Litigation, Judy Kate Mullan, letter and provides summary Nathan, clarifying several questions on information, as appropriate. To protect PRA Coordinator, Strategic Collections and the protections of children not yet Clearance Governance and Strategy Division, the privacy interests of the individual or determined eligible for special Office of Chief Data Officer. individuals involved, personally education and related services under [FR Doc. 2020–10603 Filed 5–15–20; 8:45 am] identifiable information has been IDEA. BILLING CODE 4000–01–P redacted, as appropriate. 2019—Second Quarter Letters 2019—First Quarter Letters PART B—ASSISTANCE FOR PART B—ASSISTANCE FOR DEPARTMENT OF EDUCATION EDUCATION OF ALL CHILDREN EDUCATION OF ALL CHILDREN WITH DISABILITIES List of Correspondence From January WITH DISABILITIES SECTION 614—EVALUATIONS, 1, 2019, Through March 31, 2020 SECTION 612—STATE ELIGIBILITY ELIGIBILITY DETERMINATIONS, TOPIC ADDRESSED: CHILD FIND INDIVIDUALIZED EDUCATION AGENCY: Office of Special Education and Æ Letter dated January 29, 2019, to PROGRAMS, AND EDUCATIONAL Rehabilitative Services, Department of District of Columbia Public Schools, PLACEMENTS Education. Non-Public Unit Director, Joshua TOPIC ADDRESSED: IEPs ACTION: Notice. Wayne, regarding local educational Æ Letter dated May 2, 2019, to SUMMARY: The Secretary is publishing agencies’ (LEAs) obligation to provide a Massachusetts advocate Craig Haller, the following list of correspondence free appropriate public education regarding IEP Team membership. (FAPE) to children with disabilities from the U.S. Department of Education TOPIC ADDRESSED: EVALUATIONS parentally placed in private school. (Department) received by individuals AND REEVALUATIONS during all four quarters of calendar year TOPIC ADDRESSED: FAPE Æ Letter dated May 2, 2019, to 2019 and the first quarter of calendar Æ Letter dated January 29, 2019, to California attorney Brittany N. Mills, year 2020. The correspondence Legal Aid Society of Palm Beach addressing a series of questions about describes the Department’s County, Melissa Duncan, regarding functional vision assessments. interpretations of the Individuals with whether a department of corrections SECTION 615—PROCEDURAL Disabilities Education Act (IDEA) or the fails to provide FAPE under IDEA when SAFEGUARDS regulations that implement IDEA. This it only offers students the ability to TOPIC ADDRESSED: INDEPENDENT list and the letters or other documents graduate with a General Education EDUCATIONAL EVALUATIONS described in this list, with personally Development credential. Æ identifiable information redacted, as Letter dated May 2, 2019, to SECTION 614—EVALUATIONS, Pennsylvania attorney Perry A. Zirkel, appropriate, can be found at ELIGIBILITY DETERMINATIONS, www2.ed.gov/policy/speced/guid/idea/ addressing a series of questions about INDIVIDUALIZED EDUCATION independent educational evaluations. index.html. PROGRAMS, AND EDUCATIONAL TOPIC ADDRESSED: IMPARTIAL DUE FOR FURTHER INFORMATION CONTACT: PLACEMENTS PROCESS HEARINGS Jessica Spataro, U.S. Department of TOPIC ADDRESSED: EVALUATION Æ Education, 400 Maryland Avenue SW., PROCEDURES Letter dated May 13, 2019, to Pennsylvania attorney Perry A. Zirkel, Room 5112, Potomac Center Plaza, Æ Letter dated January 29, 2019, to addressing a series of questions about Washington, DC 20202–2500. Pennsylvania attorney Perry A. Zirkel, Telephone: (202) 245–6493. Email: State complaint and due process hearing answering a series of questions about procedures. [email protected]. response to intervention and multi- If you use a telecommunications 2019—Third Quarter Letters tiered systems of support. device for the deaf (TDD) or a text PART B—ASSISTANCE FOR telephone (TTY), you can call the TOPIC ADDRESSED: INDIVIDUALIZED EDUCATION OF ALL CHILDREN Federal Relay Service (FRS), toll free, at EDUCATION PROGRAMS (IEPs) WITH DISABILITIES 1–800–877–8339. Æ Letter dated February 21, 2019, to SECTION 612—STATE ELIGIBILITY Individuals with disabilities can California attorney Lawrence Siegel, TOPIC ADDRESSED: STATE obtain a copy of this list and the letters addressing several questions about a EDUCATIONAL AGENCY (SEA) or other documents described in this list child with a disability who transfers to GENERAL SUPERVISORY in an accessible format (e.g., Braille, a new LEA during the summer. AUTHORITY

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Æ Letter dated July 3, 2019, to feature at: www.federalregister.gov. data in the desired format. ED is Pennsylvania attorney Perry A. Zirkel, Specifically, through the advanced soliciting comments on the proposed addressing a series of questions search feature at this site, you can limit information collection request (ICR) that regarding an SEA’s complaint your search to documents published by is described below. The Department of procedures process, in particular, about the Department. Education is especially interested in enforcement actions and resolution of public comment addressing the Mark Schultz, State complaints. following issues: (1) Is this collection Commissioner, Rehabilitation Services necessary to the proper functions of the TOPIC ADDRESSED: FAPE Administration. Delegated the authority to Æ Letter dated September 9, 2019, to perform the functions and duties of the Department; (2) will this information be California attorney Jill C. Rowland, Assistant Secretary for the Office of Special processed and used in a timely manner; addressing a series of questions about Education and Rehabilitative Services. (3) is the estimate of burden accurate; FAPE provided at a preschool day [FR Doc. 2020–10542 Filed 5–15–20; 8:45 am] (4) how might the Department enhance program. BILLING CODE 4000–01–P the quality, utility, and clarity of the information to be collected; and (5) how SECTION 614—EVALUATIONS, might the Department minimize the ELIGIBILITY DETERMINATIONS, burden of this collection on the INDIVIDUALIZED EDUCATION DEPARTMENT OF EDUCATION respondents, including through the use PROGRAMS, AND EDUCATIONAL [Docket No.: ED–2020–SCC–0045] of information technology. Please note PLACEMENTS TOPIC ADDRESSED: IEPs Agency Information Collection that written comments received in Æ Activities; Submission to the Office of response to this notice will be Letter dated September 9, 2019, to considered public records. individual (personally identifiable Management and Budget for Review information redacted), regarding the and Approval; Comment Request; Title of Collection: Health Education attendance of a transition aged student Health Education Assistance Loan Assistance Loan (HEAL) Program: with a disability at the student’s IEP (HEAL) Program: Lender’s Application Lender’s Application for Insurance meeting where the results of for Insurance Claim Form and Request Claim Form and Request for Collection assessments will be discussed. for Collection Assistance Form Assistance Form. OMB Control Number: 1845–0127. 2019—Fourth Quarter Letters AGENCY: Federal Student Aid (FSA), PART B—ASSISTANCE FOR Department of Education (ED). Type of Review: An extension of an EDUCATION OF ALL CHILDREN ACTION: Notice. existing information collection. WITH DISABILITIES Respondents/Affected Public: Private SECTION 612—STATE ELIGIBILITY SUMMARY: In accordance with the Sector. TOPIC ADDRESSED: SEA GENERAL Paperwork Reduction Act of 1995, ED is Total Estimated Number of Annual SUPERVISORY AUTHORITY proposing an extension of an existing Responses: 296. Æ Letter dated October 23, 2019, to information collection. individual (personally identifiable DATES: Interested persons are invited to Total Estimated Number of Annual information redacted), regarding submit comments on or before June 17, Burden Hours: 76. compensatory education when a family 2020. Abstract: The HEAL Lender’s relocates to a different State. ADDRESSES: Written comments and Application for Insurance Claim and the SECTION 614—EVALUATIONS, recommendations for proposed Request for Collection Assistance forms ELIGIBILITY DETERMINATIONS, information collection requests should are used in the administration of the INDIVIDUALIZED EDUCATION be sent within 30 days of publication of Health Education Assistant Loan PROGRAMS, AND EDUCATIONAL this notice to www.reginfo.gov/public/ (HEAL) program. The HEAL program PLACEMENTS do/PRAMain. Find this particular provided federally insured loans to TOPIC ADDRESSED: IEPs information collection request by students in certain health professions Æ Letter dated November 22, 2019, to selecting ‘‘Department of Education’’ disciplines, and these forms are used in Colorado attorney Michael Breeskin, under ‘‘Currently Under Review,’’ then the administration of the HEAL regarding parental involvement in the check ‘‘Only Show ICR for Public program. The Lender’s Application for placement decisions for children with Comment’’ checkbox. Insurance Claim is used by the lending disabilities. FOR FURTHER INFORMATION CONTACT: For institution to request payment of a claim 2020—First Quarter—No letters specific questions related to collection by the Federal Government. The Request for Collection Assistance form Electronic Access to This Document: activities, please contact Beth Grebeldinger, 202–377–4018. is used by the lender to request pre- The official version of this document is claims assistance from the Department. SUPPLEMENTARY INFORMATION: The the document published in the Federal Section 525 of the Consolidated Department of Education (ED), in Register. You may access the official Appropriations Act, 2014, transferred accordance with the Paperwork edition of the Federal Register and the the collection of the Health Education Reduction Act of 1995 (PRA) (44 U.S.C. Code of Federal Regulations at Assistance Loan (HEAL) program loans 3506(c)(2)(A)), provides the general www.govinfo.gov. At this site you can from the U.S. Department of Health and public and Federal agencies with an view this document, as well as all other Human Services to the U.S. Department opportunity to comment on proposed, documents of this Department of Education. published in the Federal Register, in revised, and continuing collections of text or Portable Document Format information. This helps the Department Dated: May 13, 2020. (PDF). To use PDF, you must have assess the impact of its information Kate Mullan, Adobe Acrobat Reader, which is collection requirements and minimize PRA Coordinator, Strategic Collections and available free at the site. the public’s reporting burden. It also Clearance Governance and Strategy Division, You may also access documents of the helps the public understand the Office of Chief Data Officer. Department published in the Federal Department’s information collection [FR Doc. 2020–10602 Filed 5–15–20; 8:45 am] Register by using the article search requirements and provide the requested BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY Deficiency Letter for additional Filed Date: 5/12/20. information. Accession Number: 20200512–5114. Federal Energy Regulatory Filed Date: 5/11/20. Comments Due: 5 p.m. ET 6/2/20. Commission Accession Number: 20200511–5193. Docket Numbers: ER20–1810–000. Comments Due: 5 p.m. ET 6/1/20. Applicants: Midcontinent Combined Notice of Filings #1 Docket Numbers: ER20–1525–000. Independent System Operator, Inc. Take notice that the Commission Applicants: Eastern Landfill Gas, LLC. Description: § 205(d) Rate Filing: received the following electric corporate Description: Clarifications to April 13, 2020–05–12_SA 3180 Dunns Bridge filings: 2020 Amendment to April 8, 2020 Solar-NIPSCO 2nd Rev GIA (J643 J847) Docket Numbers: EC20–66–000. Waiver Request of Eastern Landfill Gas, to be effective 5/5/2020. Applicants: Northern States Power LLC. Filed Date: 5/12/20. Filed Date: 5/11/20. Company, a Minnesota corporation, Accession Number: 20200512–5134. Accession Number: 20200511–5205. Crowned Ridge Wind II, LLC. Comments Due: 5 p.m. ET 6/2/20. Comments Due: 5 p.m. ET 5/18/20. Description: Application for The filings are accessible in the Authorization Under Section 203 of the Docket Numbers: ER20–1801–001. Commission’s eLibrary system by Federal Power Act, et al. of Northern Applicants: Techren Solar V LLC. clicking on the links or querying the States Power Company, a Minnesota Description: Tariff Amendment: docket number. corporation, et al. Amendment to MBR Application to be Any person desiring to intervene or Filed Date: 5/8/20. effective 10/1/2020. protest in any of the above proceedings Accession Number: 20200508–5330. Filed Date: 5/12/20. must file in accordance with Rules 211 Comments Due: 5 p.m. ET 6/22/20. Accession Number: 20200512–5000. and 214 of the Commission’s Comments Due: 5 p.m. ET 6/2/20. Take notice that the Commission Regulations (18 CFR 385.211 and received the following exempt Docket Numbers: ER20–1805–000. 385.214) on or before 5:00 p.m. Eastern wholesale generator filings: Applicants: Ohio Edison Company, time on the specified comment date. The Cleveland Electric Illuminating Protests may be considered, but Docket Numbers: EG20–155–000. Comp, The Toledo Edison Company. intervention is necessary to become a Applicants: High Majestic Wind I, Description: Request for Waiver, et al. party to the proceeding. LLC. of the FirstEnergy Ohio Utilities. eFiling is encouraged. More detailed Description: Notice of Self- Filed Date: 5/11/20. information relating to filing Certification of Exempt Wholesale Accession Number: 20200511–5190. requirements, interventions, protests, Generator Status of High Majestic Wind Comments Due: 5 p.m. ET 5/18/20. service, and qualifying facilities filings I, LLC. Docket Numbers: ER20–1806–000. can be found at: http://www.ferc.gov/ Filed Date: 5/12/20. Applicants: Catalyst Old River docs-filing/efiling/filing-req.pdf. For Accession Number: 20200512–5085. Hydroelectric Limited. other information, call (866) 208–3676 Comments Due: 5 p.m. ET 6/2/20. Description: Baseline eTariff Filing: (toll free). For TTY, call (202) 502–8659. Docket Numbers: EG20–156–000. Application For Market Based Rate Dated: May 12, 2020. Applicants: Soldier Creek Wind, LLC. Authority to be effective 7/12/2020. Nathaniel J. Davis, Sr., Description: Notice Self-Certification Filed Date: 5/12/20. of Exempt Wholesale Generator Status Accession Number: 20200512–5044. Deputy Secretary. of Soldier Creek Wind, LLC. Comments Due: 5 p.m. ET 6/2/20. [FR Doc. 2020–10575 Filed 5–15–20; 8:45 am] Filed Date: 5/12/20. Docket Numbers: ER20–1807–000. BILLING CODE 6717–01–P Accession Number: 20200512–5087. Applicants: Southern California Comments Due: 5 p.m. ET 6/2/20. Edison Company. Docket Numbers: EG20–157–000. Description: § 205(d) Rate Filing: GIA DEPARTMENT OF ENERGY Applicants: El Campo Wind, LLC. and DSA Dutch Wind, LLC—Dutch Description: Notice of Self- Federal Energy Regulatory Energy, SA No. 1104, 1105 to be Commission Certification of Exempt Wholesale effective 4/13/2020. Generator Status of El Campo Wind, Filed Date: 5/12/20. [Project No. 1933–113] LLC. Accession Number: 20200512–5098. Filed Date: 5/12/20. Comments Due: 5 p.m. ET 6/2/20. Southern California Edison Company; Notice of Application Accepted for Accession Number: 20200512–5099. Docket Numbers: ER20–1808–000. Filing and Soliciting Comments, Comments Due: 5 p.m. ET 6/2/20. Applicants: Southwest Power Pool, Motions To Intervene, and Protests Take notice that the Commission Inc. received the following electric rate Description: § 205(d) Rate Filing: 3670 Take notice that the following filings: West Texas A&M University and SPS hydroelectric application has been filed Docket Numbers: ER20–539–001. Affected Systems FCA to be effective with the Commission and is available Applicants: East Fork Wind Project, 5/4/2020. for public inspection: LLC. Filed Date: 5/12/20. a. Type of Application: Non-Capacity Description: Notice of Change in Accession Number: 20200512–5101. Amendment of License. Status of East Fork Wind Project, LLC. Comments Due: 5 p.m. ET 6/2/20. b. Project No.: 1933–113. Filed Date: 5/11/20. Docket Numbers: ER20–1809–000. c. Date Filed: April 13, 2020. Accession Number: 20200511–5203. Applicants: PJM Interconnection, d. Applicant: Southern California Comments Due: 5 p.m. ET 6/1/20. L.L.C., Potomac Electric Power Edison Company. Docket Numbers: ER20–936–000. Company. e. Name of Project: Santa Ana River Applicants: Entergy Arkansas, LLC. Description: § 205(d) Rate Filing: 1 and 3 Hydroelectric Project. Description: Response of Entergy PEPCO submits Interconnection f. Location: The project is located Services, LLC, on behalf of Entergy Agreement, SA No. 5610 with SMECO primarily on the Santa Ana River in San Arkansas LLC, to the April 10, 2020 to be effective 4/23/2020. Bernardino County, California. The

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project occupies federal lands Breakneck Creek diversion system of 18 CFR 385.2001 through 385.2005. administered by the U.S. Forest Service includes a diversion dam, upstream All comments, motions to intervene, or within the San Bernardino National intake gates to the settling basin, a protests must set forth their evidentiary Forest. walkway on the dam crest, a buried basis. Any filing made by an intervenor g. Filed Pursuant to: Federal Power trash rack and intake, and a buried must be accompanied by proof of Act 16 U.S.C. 791a–825r. outlet tunnel. Since the diversion has service on all persons listed in the h. Applicant Contact: Mr. Matthew become inoperable as the settling basin service list prepared by the Commission Woodhall, Southern California Edison has filled with sediment, the licensee in this proceeding, in accordance with Company, 1515 Walnut Grove Avenue, proposes to leave in place the 18 CFR 385.2010. Rosemead, CA 91770; telephone (626) underground or partially buried Dated: May 12, 2020. 302–9596 and email features, including the diversion dam, Kimberly D. Bose, [email protected]. and to remove the aboveground i. FERC Contact: Linda Stewart, (202) ancillary features. Secretary. 502–8184, [email protected]. l. In addition to publishing the full [FR Doc. 2020–10578 Filed 5–15–20; 8:45 am] j. Deadline for filing comments, text of this document in the Federal BILLING CODE 6717–01–P motions to intervene, and protests is 30 Register, the Commission provides all days from the issuance date of this interested persons an opportunity to notice by the Commission. view and/or print the contents of this DEPARTMENT OF ENERGY The Commission strongly encourages document via the internet through the electronic filing. Please file comments, Commission’s Home Page (http:// Federal Energy Regulatory motions to intervene, and protests using ferc.gov) using the ‘‘eLibrary’’ link. Commission the Commission’s eFiling system at Enter the docket number excluding the [Docket No. AC20–106–000] http://www.ferc.gov/docs-filing/ last three digits in the docket number efiling.asp. Commenters can submit field to access the document. At this Florida Power & Light Company, Gulf brief comments up to 6,000 characters, time, the Commission has suspended Power Company; Notice of Petition for without prior registration, using the access to the Commission’s Public Waiver eComment system at http:// Reference Room, due to the Take notice that on May 1, 2020, www.ferc.gov/docs-filing/ proclamation declaring a National ecomment.asp. You must include your Emergency concerning the Novel Florida Power & Light Company (FPL) name and contact information at the end Coronavirus Disease (COVID–19), issued and Gulf Power Company (Gulf Power) of your comments. For assistance, by the President on March 13, 2020. For filed a petition for a limited waiver of please contact FERC Online Support at assistance, contact FERC at Part 101 and sections 141.1 and 141.400 [email protected], (866) [email protected] or call of the Commission’s regulations to 208–3676 (toll free), or (202) 502–8659 toll-free, (886) 208–3676 or TYY, (202) allow FPL to (1) maintain separate (TTY). In lieu of electronic filing, please 502–8659. books and records under the Uniform send a paper copy to: Secretary, Federal m. Individuals desiring to be included System of Accounts; and (2) make Energy Regulatory Commission, 888 on the Commission’s mailing list should separate FERC Form No.1 and 3–Q First Street NE, Washington, DC 20426. so indicate by writing to the Secretary submissions for two separate operating Hand delivered submissions in of the Commission. divisions corresponding to the current docketed proceedings should be n. Comments, Protests, or Motions to FPL and Gulf Power utilities for the delivered to Health and Human Intervene: Anyone may submit 2021 reporting year, following the Services, 12225 Wilkins Avenue, comments, a protest, or a motion to proposed legal merger of Gulf Power Rockville, Maryland 20852. The first intervene in accordance with the into FPL on January 1, 2021, as more page of any filing should include docket requirements of Rules of Practice and fully explained in the petition. number P–1933–113. Comments Procedure, 18 CFR 385.210, .211, and Any person desiring to intervene or to emailed to Commission staff are not .214. In determining the appropriate protest this filing must file in considered part of the Commission action to take, the Commission will accordance with Rules 211 and 214 of record. consider all protests or other comments the Commission’s Rules of Practice and The Commission’s Rules of Practice filed, but only those who file a motion Procedure (18 CFR 385.211, 385.214). and Procedure require all intervenors to intervene in accordance with the Protests will be considered by the filing documents with the Commission Commission’s Rules may become a Commission in determining the to serve a copy of that document on party to the proceeding. Any comments, appropriate action to be taken but will each person whose name appears on the protests, or motions to intervene must not serve to make protestants parties to official service list for the project. be received on or before the specified the proceeding. Any person wishing to Further, if an intervenor files comments deadline date for the particular become a party must file a notice of or documents with the Commission application. intervention or motion to intervene, as relating to the merits of an issue that o. Filing and Service of Responsive appropriate. Such notices, motions, or may affect the responsibilities of a Documents: Any filing must (1) bear in protests must be filed on or before the particular resource agency, it must also all capital letters the title comment date. Anyone filing a motion serve a copy of the document on that ‘‘COMMENTS’’, ‘‘PROTEST’’, or to intervene, or protest must serve a resource agency. ‘‘MOTION TO INTERVENE’’ as copy of that document on the Petitioner. k. Description of Request: Southern applicable; (2) set forth in the heading The Commission encourages California Edison Company (licensee) the name of the applicant and the electronic submission of protests and proposes to remove from the project project number of the application to interventions in lieu of paper using the license the Breakneck Creek diversion, which the filing responds; (3) furnish ‘‘eFiling’’ link at http://www.ferc.gov. which is one of three diversions the name, address, and telephone Persons unable to file electronically may included as part of the Santa Ana River number of the person commenting, mail similar pleadings to the Federal 1 (SAR 1) development. Located on protesting, or intervening; and (4) Energy Regulatory Commission, 888 private lands owned by the licensee, the otherwise comply with the requirements First Street NE, Washington, DC 20426.

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Hand delivered submissions in Description: Compliance filing Leaf Solar III LLC’s application for market- docketed proceedings should be River Energy Center LLC NAESB based rate authority, with an delivered to Health and Human Compliance Filing to be effective accompanying rate tariff, noting that Services, 12225 Wilkins Avenue, 5/6/2020. such application includes a request for Rockville, Maryland 20852. Filed Date: 5/11/20. blanket authorization, under 18 CFR In addition to publishing the full text Accession Number: 20200511–5094. part 34, of future issuances of securities of this document in the Federal Comments Due: 5 p.m. ET 5/26/20. and assumptions of liability. Register, the Commission provides all Docket Numbers: RP20–866–000. Any person desiring to intervene or to interested persons an opportunity to Applicants: Trailblazer Pipeline protest should file with the Federal view and/or print the contents of this Company LLC. Energy Regulatory Commission, 888 document via the internet through the Description: § 4(d) Rate Filing: TPC First Street NE, Washington, DC 20426, Commission’s Home Page (http:// 2020–05–11 Negotiated Rate in accordance with Rules 211 and 214 ferc.gov) using the ‘‘eLibrary’’ link. Agreements Amendment to be effective of the Commission’s Rules of Practice Enter the docket number excluding the 5/12/2020. and Procedure (18 CFR 385.211 and last three digits in the docket number Filed Date: 5/11/20. 385.214). Anyone filing a motion to field to access the document. At this Accession Number: 20200511–5123. intervene or protest must serve a copy time, the Commission has suspended Comments Due: 5 p.m. ET 5/26/20. of that document on the Applicant. access to the Commission’s Public Docket Numbers: RP20–867–000. Notice is hereby given that the Reference Room, due to the Applicants: Equitrans, L.P. deadline for filing protests with regard proclamation declaring a National Description: § 4(d) Rate Filing: to the applicant’s request for blanket Emergency concerning the Novel Negotiated Capacity Release authorization, under 18 CFR part 34, of Coronavirus Disease (COVID–19), issued Agreements—5/10/2020 to be effective future issuances of securities and by the President on March 13, 2020. For 5/10/2020. assumptions of liability, is June 1, 2020. assistance, contact the Federal Energy Filed Date: 5/11/20. The Commission encourages Regulatory Commission at Accession Number: 20200511–5147. electronic submission of protests and [email protected] or call Comments Due: 5 p.m. ET 5/26/20. interventions in lieu of paper, using the toll-free, (886) 208–3676 or TYY, (202) The filings are accessible in the FERC Online links at http:// 502–8659. Commission’s eLibrary system by www.ferc.gov. To facilitate electronic Comments: 5:00 p.m. Eastern Time on clicking on the links or querying the service, persons with internet access May 31, 2020. docket number. who will eFile a document and/or be Dated: May 12, 2020. Any person desiring to intervene or listed as a contact for an intervenor Kimberly D. Bose, protest in any of the above proceedings must create and validate an Secretary. must file in accordance with Rules 211 eRegistration account using the and 214 of the Commission’s eRegistration link. Select the eFiling [FR Doc. 2020–10579 Filed 5–15–20; 8:45 am] Regulations (18 CFR 385.211 and link to log on and submit the BILLING CODE 6717–01–P 385.214) on or before 5:00 p.m. Eastern intervention or protests. time on the specified date(s). Protests Persons unable to file electronically DEPARTMENT OF ENERGY may be considered, but intervention is may mail similar pleadings to the necessary to become a party to the Federal Energy Regulatory Commission, Federal Energy Regulatory proceeding. 888 First Street NE, Washington, DC Commission eFiling is encouraged. More detailed 20426. Hand delivered submissions in information relating to filing docketed proceedings should be Combined Notice of Filings requirements, interventions, protests, delivered to Health and Human service, and qualifying facilities filings Services, 12225 Wilkins Avenue, Take notice that the Commission has can be found at: http://www.ferc.gov/ Rockville, Maryland 20852. received the following Natural Gas docs-filing/efiling/filing-req.pdf. For In addition to publishing the full text Pipeline Rate and Refund Report filings: other information, call (866) 208–3676 of this document in the Federal Docket Numbers: RP20–864–000. (toll free). For TTY, call (202) 502–8659. Register, the Commission provides all Applicants: Columbia Gas Dated: May 12, 2020. interested persons an opportunity to Transmission, LLC. view and/or print the contents of this Description: § 4(d) Rate Filing: TCO Nathaniel J. Davis, Sr., Deputy Secretary. document via the internet through the NJR Negotiated Rate Agreement Commission’s Home Page (http:// [FR Doc. 2020–10573 Filed 5–15–20; 8:45 am] Amendment to be effective 5/8/2020. ferc.gov) using the ‘‘eLibrary’’ link. Filed Date: 5/8/20. BILLING CODE 6717–01–P Enter the docket number excluding the Accession Number: 20200508–5200. last three digits in the docket number Comments Due: 5 p.m. ET 5/20/20. DEPARTMENT OF ENERGY field to access the document. At this Docket Numbers: RP20–850–001. time, the Commission has suspended Applicants: Equitrans, L.P. Federal Energy Regulatory access to the Commission’s Public Description: Tariff Amendment: Commission Reference Room, due to the Negotiated Rate Capacity Release proclamation declaring a National Agreements—5/1/2020—Correction to [Docket No. ER20–1799–000] Emergency concerning the Novel be effective 5/1/2020. Coronavirus Disease (COVID–19), issued Filed Date: 5/11/20. Techren Solar III LLC; Supplemental Notice That Initial Market-Based Rate by the President on March 13, 2020. For Accession Number: 20200511–5146. assistance, contact the Federal Energy Comments Due: 5 p.m. ET 5/26/20. Filing Includes Request for Blanket Section 204 Authorization Regulatory Commission at Docket Numbers: RP20–865–000. [email protected] or call Applicants: Leaf River Energy Center This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) LLC. above-referenced proceeding of Techren 502–8659.

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Dated: May 12, 2020. view and/or print the contents of this who will eFile a document and/or be Nathaniel J. Davis, Sr., document via the internet through the listed as a contact for an intervenor Deputy Secretary. Commission’s Home Page (http:// must create and validate an [FR Doc. 2020–10570 Filed 5–15–20; 8:45 am] ferc.gov) using the ‘‘eLibrary’’ link. eRegistration account using the BILLING CODE 6717–01–P Enter the docket number excluding the eRegistration link. Select the eFiling last three digits in the docket number link to log on and submit the field to access the document. At this intervention or protests. DEPARTMENT OF ENERGY time, the Commission has suspended Persons unable to file electronically access to the Commission’s Public may mail similar pleadings to the Federal Energy Regulatory Reference Room, due to the Federal Energy Regulatory Commission, Commission proclamation declaring a National 888 First Street NE, Washington, DC [Docket No. ER20–1801–000] Emergency concerning the Novel 20426. Hand delivered submissions in Coronavirus Disease (COVID–19), issued docketed proceedings should be Techren Solar V LLC; Supplemental by the President on March 13, 2020. For delivered to Health and Human Notice That Initial Market-Based Rate assistance, contact the Federal Energy Services, 12225 Wilkins Avenue, Filing Includes Request for Blanket Regulatory Commission at Rockville, Maryland 20852. Section 204 Authorization [email protected] or call In addition to publishing the full text toll-free, (886) 208–3676 or TYY, (202) of this document in the Federal This is a supplemental notice in the 502–8659. Register, the Commission provides all above-referenced proceeding of Techren interested persons an opportunity to Dated: May 12, 2020. Solar V LLC’s application for market- view and/or print the contents of this based rate authority, with an Nathaniel J. Davis, Sr., document via the internet through the accompanying rate tariff, noting that Deputy Secretary. Commission’s Home Page (http:// such application includes a request for [FR Doc. 2020–10574 Filed 5–15–20; 8:45 am] ferc.gov) using the ‘‘eLibrary’’ link. blanket authorization, under 18 CFR BILLING CODE 6717–01–P Enter the docket number excluding the part 34, of future issuances of securities last three digits in the docket number and assumptions of liability. field to access the document. At this Any person desiring to intervene or to DEPARTMENT OF ENERGY time, the Commission has suspended protest should file with the Federal access to the Commission’s Public Energy Regulatory Commission, 888 Federal Energy Regulatory Commission Reference Room, due to the First Street, NE, Washington, DC 20426, proclamation declaring a National in accordance with Rules 211 and 214 [Docket No. ER20–1800–000] Emergency concerning the Novel of the Commission’s Rules of Practice Coronavirus Disease (COVID–19), issued and Procedure (18 CFR 385.211 and Techren Solar IV LLC; Supplemental by the President on March 13, 2020. For 385.214). Anyone filing a motion to Notice That Initial Market-Based Rate assistance, contact the Federal Energy intervene or protest must serve a copy Filing Includes Request for Blanket Regulatory Commission at of that document on the Applicant. Section 204 Authorization [email protected] or call Notice is hereby given that the This is a supplemental notice in the toll-free, (886) 208–3676 or TYY, (202) deadline for filing protests with regard 502–8659. to the applicant’s request for blanket above-referenced proceeding of Techren authorization, under 18 CFR part 34, of Solar IV LLC’s application for market- Dated: May 12, 2020. future issuances of securities and based rate authority, with an Nathaniel J. Davis, Sr., assumptions of liability, is June 1, 2020. accompanying rate tariff, noting that Deputy Secretary. The Commission encourages such application includes a request for [FR Doc. 2020–10572 Filed 5–15–20; 8:45 am] electronic submission of protests and blanket authorization, under 18 CFR BILLING CODE 6717–01–P interventions in lieu of paper, using the part 34, of future issuances of securities FERC Online links at http:// and assumptions of liability. www.ferc.gov. To facilitate electronic Any person desiring to intervene or to ENVIRONMENTAL PROTECTION service, persons with internet access protest should file with the Federal AGENCY who will eFile a document and/or be Energy Regulatory Commission, 888 listed as a contact for an intervenor First Street NE, Washington, DC 20426, [FRL–10009–57–OAR] must create and validate an in accordance with Rules 211 and 214 Allocations of Cross-State Air eRegistration account using the of the Commission’s Rules of Practice Pollution Rule Allowances From New eRegistration link. Select the eFiling and Procedure (18 CFR 385.211 and Unit Set-Asides for 2020 Control link to log on and submit the 385.214). Anyone filing a motion to Periods intervention or protests. intervene or protest must serve a copy Persons unable to file electronically of that document on the Applicant. AGENCY: Environmental Protection may mail similar pleadings to the Notice is hereby given that the Agency (EPA). Federal Energy Regulatory Commission, deadline for filing protests with regard ACTION: Notice of data availability. 888 First Street NE, Washington, DC to the applicant’s request for blanket 20426. Hand delivered submissions in authorization, under 18 CFR part 34, of SUMMARY: The Environmental Protection docketed proceedings should be future issuances of securities and Agency (EPA) is providing notice of the delivered to Health and Human assumptions of liability, is June 1, 2020. availability of data on emission Services, 12225 Wilkins Avenue, The Commission encourages allowance allocations to certain units Rockville, Maryland 20852. electronic submission of protests and under the Cross-State Air Pollution Rule In addition to publishing the full text interventions in lieu of paper, using the (CSAPR) trading programs. EPA has of this document in the Federal FERC Online links at http:// completed preliminary calculations for Register, the Commission provides all www.ferc.gov. To facilitate electronic the first round of allocations of interested persons an opportunity to service, persons with internet access allowances from the CSAPR new unit

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set-asides (NUSAs) for the 2020 control basis. EPA notes that, under 40 CFR EPA notes that an allocation or lack periods and has posted spreadsheets 97.406(c)(3), 97.506(c)(3), 97.606(c)(3), of allocation of allowances to a given containing the calculations on EPA’s 97.706(c)(3), and 97.806(c)(3), a unit’s unit does not constitute a determination website. EPA will consider timely emissions occuring before its monitor that CSAPR does or does not apply to objections to the preliminary certification deadline are not considered the unit. EPA also notes that, under 40 calculations (including objections to have occurred during a control period CFR 97.411(c), 97.511(c), 97.611(c), concerning the identification of units and consequently are not included in 97.711(c), and 97.811(c), allocations are eligible for allocations) before the emission amounts used to determine subject to potential correction if a unit determining the final amounts of the NUSA allocations. to which allowances have been first-round allocations. The detailed unit-by-unit data and allocated for a given control period is DATES: Objections to the information preliminary allowance allocation not actually an affected unit as of the referenced in this notice must be calculations are set forth in Excel start of that control period. _ _ received on or before June 17, 2020. spreadsheets titled ‘‘CSAPR NUSA (Authority: 40 CFR 97.411(b), 97.511(b), ADDRESSES: Submit your objections via 2020_NOX_Annual_1st_Round_Prelim_ 97.611(b), 97.711(b), and 97.811(b).) email to [email protected]. Data’’, ‘‘CSAPR_NUSA_2020_NOX_OS_ Include ‘‘2020 NUSA allocations’’ in the 1st_Round_Prelim_Data’’, and ‘‘CSAPR_ Reid P. Harvey, Director, Clean Air Markets Division, Office email subject line and include your NUSA_2020_SO2_1st_Round_Prelim_ name, title, affiliation, address, phone Data,’’ available on EPA’s website at of Atmospheric Programs, Office of Air and Radiation. number, and email address in the body https://www.epa.gov/csapr/new-unit- of the email. set-aside-notices-data-availability-nusa- [FR Doc. 2020–10515 Filed 5–15–20; 8:45 am] BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: noda-cross-state-air-pollution-rule. Each Questions concerning this action should of the spreadsheets contains a separate be addressed to Jason Kuhns at (202) worksheet for each state covered by that 564–3236 or [email protected] or program showing, for each unit FEDERAL COMMUNICATIONS Andrew Reighart at (202) 564–0418 or identified as eligible for a first-round COMMISSION [email protected]. NUSA allocation, (1) the unit’s [OMB 3060–0093; OMB 3060–1015; FRS SUPPLEMENTARY INFORMATION: Under emissions in the 2019 control period 16763] each CSAPR trading program where (annual or ozone season as applicable), EPA is responsible for determining (2) the maximum first-round 2020 Information Collections Being emission allowance allocations, a NUSA allowance allocation for which Reviewed by the Federal portion of each state’s emissions budget the unit is eligible (typically the unit’s Communications Commission Under for the program for each control period emissions in the 2019 control period), Delegated Authority is reserved in a NUSA (and in an (3) various adjustments to the unit’s AGENCY: Federal Communications additional Indian country NUSA in the maximum allocation, many of which are Commission. necessary only if the NUSA pool is case of states with Indian country ACTION: Notice and request for oversubscribed, and (4) the preliminary within their borders) for allocation to comments. certain units that would not otherwise calculation of the unit’s first-round 2020 receive allowance allocations. The NUSA allowance allocation. SUMMARY: As part of its continuing effort procedures for identifying the eligible Each state worksheet also contains a to reduce paperwork burdens, and as units for each control period and for summary showing (1) the quantity of required by the Paperwork Reduction allocating allowances from the NUSAs allowances initially available in that Act (PRA) of 1995, the Federal and Indian country NUSAs to these state’s 2020 NUSA, (2) the sum of the Communications Commission (FCC or units are set forth in the CSAPR trading first-round 2020 NUSA allowance the Commission) invites the general program regulations at 40 CFR 97.411(b) allocations that will be made to new public and other Federal agencies to and 97.412 (NOX Annual), 97.511(b) and units in that state, assuming there are no take this opportunity to comment on the 97.512 (NOX Ozone Season Group 1), corrections to the data, and (3) the following information collection. 97.611(b) and 97.612 (SO2 Group 1), quantity of allowances that would Comments are requested concerning: 97.711(b) and 97.712 (SO2 Group 2), and remain in the 2020 NUSA for use in Whether the proposed collection of 97.811(b) and 97.812 (NOX Ozone second-round allocations to new units information is necessary for the proper Season Group 2). Each NUSA allowance (or ultimately for allocation to existing performance of the functions of the allocation process involves up to two units), again assuming there are no Commission, including whether the rounds of allocations to eligible units, corrections to the data. information shall have practical utility; termed ‘‘new’’ units, followed by the Objections should be strictly limited the accuracy of the Commission’s allocation to ‘‘existing’’ units of any to the data and calculations upon which burden estimate; ways to enhance the allowances not allocated to new units. the NUSA allowance allocations are quality, utility, and clarity of the This notice concerns preliminary based and should be emailed to the information collected; ways to minimize calculations for the first round of NUSA address identified in ADDRESSES. the burden of the collection of allowance allocations for the 2020 Objections must include: (1) Precise information on the respondents, control periods. Generally, the identification of the specific data and/or including the use of automated allocation procedures call for each calculations the commenter believes are collection techniques or other forms of eligible unit to receive a first-round inaccurate, (2) new proposed data and/ information technology; and ways to 2020 NUSA allocation equal to its 2019 or calculations upon which the further reduce the information control period emissions as reported commenter believes EPA should rely collection burden on small business under 40 CFR part 75 unless the total of instead to determine allowance concerns with fewer than 25 employees. such allocations to all eligible units allocations, and (3) the reasons why The FCC may not conduct or sponsor a would exceed the amount of allowances EPA should rely on the commenter’s collection of information unless it in the NUSA, in which case the proposed data and/or calculations and displays a currently valid control allocations are reduced on a pro-rata not the data referenced in this notice. number. No person shall be subject to

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any penalty for failing to comply with public inspection, e.g., granted Needs and Uses: This collection will a collection of information subject to the confidentiality, pursuant to 47 CFR be submitted as an extension after this PRA that does not display a valid Office Section 0.459 of the Commission’s rules. 60-day comment period to the Office of of Management and Budget (OMB) Needs and Uses: This collection will Management and Budget (OMB) in order control number. be submitted as an extension after this to obtain the full three-year clearance. DATES: Written PRA comments should 60 day comment period in order to The Commission rules in 47 CFR part be submitted on or before July 17, 2020. obtain the full three year clearance from 15, § 15.525 requires operators of the If you anticipate that you will be the OMB. Ultra-Wideband (UWB) imaging systems submitting comments, but find it FCC Form 405 is used by the to coordinate with other Federal difficult to do so within the period of Experimental Radio Service to apply for agencies via the FCC and to obtain time allowed by this notice, you should renewal of radio station licenses at the approval before the UWB equipment advise the contact listed below as soon FCC. Section 307 of the may be used. Initial operation in a as possible. Communications Act of 1934, as particular area may not commence until ADDRESSES: Direct all PRA comments to amended, limits the term of radio the information has been sent to the Nicole Ongele, FCC, via email PRA@ licenses to five years and requires that Commission and no prior approval is fcc.gov and to [email protected]. written applications be submitted for required. The information will be used renewal. The regular license period for to coordinate the operation of the Ultra- FOR FURTHER INFORMATION CONTACT: For stations in the Experimental Radio Wideband transmission systems in additional information about the Service is either two or five years. order to avoid interference with information collection, contact Nicole The information submitted on FCC sensitive U.S. government radio Ongele at (202) 418–2991. Form 405 is used by the Commission systems. The UWB operators will be SUPPLEMENTARY INFORMATION: staff to evaluate the applicant/licensee’s required to provide name, address and OMB Control Number: 3060–0093. need for a license renewal. In other pertinent contact information of Title: Application for Renewal of performing this function, staff performs the user, the desired geographical area Radio Station License for Experimental analysis of the renewal request as of operation, and the FCC ID number, Radio Service, FCC Form 405. compared to the original license grant to and other nomenclature of the UWB Form No.: FCC Form 405. ascertain if any changes are requested. device. This information will be Type of Review: Extension of a If so, additional analysis is performed to collected by the Commission and currently approved collection. forwarded to the National Respondents: Individuals or determine if such changes met the Telecommunications and Information households, business or other for-profit, requirements of the rules of the Administration (NTIA) under the U.S. not-for-profit institutions and state, Experimental Radio Service for Department of Commerce. This local or tribal government. interference free operation. If needed, Number of Respondents and the collected information is used to information collection is essential to Responses: 520 respondents and 520 coordinate such operation with other controlling potential interference to responses. Commission bureaus or other Federal Federal radio communications. Since Estimated Time per Response: 2.25 Agencies. All applications are also initial operation in a particular area hours. analyzed on their merits regarding does not require approval from the FCC Frequency of Response: On occasion, whether they meet the general to operate the equipment. and every two year reporting requirements for an Experimental Federal Communications Commission. requirement. license. These requirements are set out Marlene Dortch, in 47 CFR part 5. Obligation to Respond: Required to Secretary, Office of the Secretary. OMB Control Number: 3060–1015 obtain or retain benefits. Statutory [FR Doc. 2020–10528 Filed 5–15–20; 8:45 am] Title: Section 15.525—Ultra authority for this information collection BILLING CODE 6712–01–P (IC) is contained in sections 4(i), 301, Wideband Transmission Systems 302, 303(e), 303(f), and 303(r), of the Operating Under Part 15. Communications Act of 1934, as Form No.: N/A. FEDERAL COMMUNICATIONS amended; 47 U.S.C. Sections 154(i), 301, Type of Review: Extension of a COMMISSION 302, 303(e), 303(f) and 303(r). currently approved collection. Total Annual Burden: 1,170 hours. Respondents: Business or other for- [FRS 16575] Total Annual Cost: $179,400. profit, Not-for-profit institutions. Privacy Act of 1974; System of Privacy Act Impact Assessment: This Number of Respondents and Records information collection affects Responses: 50 respondents; 50 individuals or households. The responses. AGENCY: Federal Communications Commission has a System of Records, Estimated Time per Response: 1 hour. Commission. FCC/OET–1 ‘‘Experimental Radio Frequency of Response: One-time, on ACTION: Notice of a new system of Station License Files’’ which covers the occasion reporting requirements; and records. personally identifiable information (PII) third party disclosure requirement. that individual applicants may include Obligation to Respond: Required to SUMMARY: The Federal Communications in their submissions for experimental obtain or retain benefits. Statutory Commission (FCC, Commission, or radio authorizations. The system of authority for this information collection Agency) proposes to add a new system records notice (SORN) was published in is contained in the 47 U.S.C. 154, 302a, of records, FCC/OMD–29, Motor Vehicle the Federal Register on June 11, 2019, 303, 304, 307, 336, 544a. and 549. Management Program (MVMP), subject see 84 FR 27115–27117. The SORN may Total Annual Burden: 50 hours. to the Privacy Act of 1974, as amended. be viewed at https://www.fcc.gov/ Total Annual Cost: $2,500. This action is necessary to meet the general/privacy-act-information Privacy Impact Assessment: No requirements of the Privacy Act to Nature and Extent of Confidentiality: impact(s). publish in the Federal Register notice of Applicants may request that any Nature and Extent of Confidentiality: the existence and character of records information supplied be withheld from There is no need for confidentiality. maintained by the Agency. The FCC’s

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Office of Managing Director (OMD) will Managing Director (OMD) and to the ensuring that they are physically use this new system to cover the General Services Administration (GSA). capable of operating motor vehicles; personally identifiable information (PII) maintaining good driving records; and that is contained in the forms, SYSTEM NAME AND NUMBER: participating in driver safety training. databases, and related documents, FCC/OMD–29, Motor Vehicle 3. FCC vehicles and related operating forms, and materials associated with the Management Program (MVMP). and maintenance records and related FCC’s Motor Vehicles Management SECURITY CLASSIFICATION: information that include, but are not Program (MVMP). limited to the operation, maintenance, Unclassified. DATES: This action will become effective damages, repairs, losses, and associated on June 17, 2020. Written comments on SYSTEM LOCATION: functions and activities of the FCC the system’s routine uses are due by Administrative Service Center (ASC), owned and/or leased vehicles and June 17, 2020. The routine uses in this Office of Managing Director (OMD), related equipment to ensure that action will become effective on June 17, Federal Communications Commission vehicles are only used for official FCC 2020 unless written comments are (FCC), 445 12th Street SW, Washington, purposes and to guard against the received that require a contrary DC 20554 and FCC facilities and field misuse, abuse, and/or unauthorized use determination. offices. (e.g., personal use) by employees (including the Enforcement Bureau’s ADDRESSES: Send comments to Leslie F. SYSTEM MANAGER(S): field operations staff) 2 and contractors; Smith, Privacy Manager, Information Administrative Services Center (ASC), 4. Criminal, accident, and traffic Technology (IT), Federal Office of Managing Director (OMD), citations, and related vehicular usage Communications Commission, 445 12th Federal Communications Commission records, that include, but are not limited Street SW, Washington, DC 20554, or (FCC), 445 12th Street SW, Washington, to emergencies, traffic and police via the internet at [email protected]. DC 20554. reports, and related information about FOR FURTHER INFORMATION CONTACT: accidents, insurance claims, and Leslie F. Smith, (202) 418–0217, or AUTHORITY FOR MAINTENANCE OF THE SYSTEM: damages that the FCC provides to the [email protected] (and to obtain a 5 U.S.C. 5733; 31 U.S.C. 1344, 1349; Office of General Counsel (OGC) as copy of the Narrative Statement). 5 CFR part 930, subpart A; 41 CFR part required; corrective actions required SUPPLEMENTARY INFORMATION: 102–5; 41 CFR 102–34.200, 34.220, 301– under 5 CFR Section 930.113 including, The FCC’s Administrative Services 70.101(a). but not limited to situations resulting from improper use of a FCC owned/ Center (ASC) in the Office of Managing PURPOSE(S) OF THE SYSTEM: Director (OMD) is responsible for the leased vehicle by an employee or development and management of the The FCC’s Motor Vehicle contractor such as intoxication, MVMP, which is used by the FCC’s Management Program (MVMP) is used accidents, disqualification to operate a bureaus and offices. The MVMP to ensure that the Commission has an motor vehicle due to physical, mental, maintains and uses information that is efficient, economical, and safe vehicle emotional, or similar conditions, and/or necessary for the FCC to provide an transportation program for Commission revoked/suspended driver’s license; adequate, efficient, safe, and economical officials and staff, which is available to 5. Information related to temporary transportation program for FCC officials meet the FCC’s mission requirements. usage of a vehicle by a FCC employee and staff consistent with the FCC’s The personally identifiable information or contractor or non-FCC individual policies and programs. The MVMP will (PII) in the MVMP system includes, but (i.e., individuals who are participating do this by: is not limited to the information that is in FCC-related activities and functions) contained in the forms, databases, and 1. Managing the operation, in special circumstances limited to other, related information and materials maintenance, repair, and associated emergencies threatening loss of life or associated with the MVMP, which activities of the Commission’s owned property. include: and/or leased motor vehicle pool that is 6. Vehicle usage records that include, 1. Information that includes, but is used by FCC employees and contractors; but are not limited to, FCC employees not limited to state drivers’ licensing, 2. Monitoring vehicle uses to ensure authorized or who volunteer to use their certification, and related records1 that against misuse, abuse, and/or own vehicles on a reimbursable basis for are used to verify that FCC headquarters unauthorized use (e.g., personal use) by official, job-related functions. contract drivers (e.g., chauffeur services) FCC employees and contractors; and FCC employees (authorized and/or CATEGORIES OF INDIVIDUALS COVERED BY THE 3. Maintaining records on FCC required to use FCC or leased vehicles SYSTEM: employees and contractors who are to perform their job duties) meet The categories of individuals in this authorized and/or required to operate applicable state licensing and the system include, but are not limited to: FCC vehicles, including, but not limited Federal operating requirements that 1. FCC officials and employees to employees in the Enforcement Bureau authorize use of Federal government authorized to use FCC motor vehicles (EB) and the Public Safety and owned/leased vehicles, as required by 5 for job duties (e.g., field work); Homeland Security Bureau (PSHSB) CFR Sections 930.109 and 930.110. authorized to use FCC owned and/or who must use a vehicle in the 2. Health, fitness, and driving records, leased vehicles on infrequent or performance of their job duties, FCC and related information that include, periodic basis; and/or who use personal headquarters contract drivers, and other but are not limited to meeting motor vehicles (for reimbursement) for FCC employees who use FCC-owned or requirements to ensure that FCC official, work-related out of town trips; leased vehicles on an occasional or employees and contractors meet the 2. Authorized contract drivers at FCC infrequent basis; and requisite driving and fitness standards, headquarters (i.e., chauffeur services); 4. Submitting required periodic which include, but are not limited to reports on the safety, emergency, and/or 2 FCC/EB–5, Enforcement Bureau Activity accident information, and related 1 The state licensing, certification, and related Tracking System (EBATS), covers the PII that is vehicular data to the FCC’s Office of records are destroyed once driver validation collected, stored, and used as part of EB’s General Counsel (OGC) and the Office of requirements are met. enforcement functions, actions, and activities.

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3. FCC officials, employees, and destination/nature of trips, vehicle fuel violation or potential violation of civil contractors, and non-FCC individuals and maintenance records, odometer or criminal law or regulation. (i.e., individuals who are participating readings, credit card purchases, and 3. Congressional Inquiries—To in FCC-related activities) at driver’s instructions, notes, and provide information to a Congressional Headquarters and/or FCC Field Offices signature. The MVMP uses a office from the record of an individual who may use FCC motor vehicles on a commercial software application to in response to an inquiry from that temporary basis in emergencies, safety manage these records. Congressional office made at the written of life situation(s), and/or damaged request of that individual. property situations; passengers in FCC RECORD SOURCE CATEGORIES: 4. Government-wide Program owned or leased vehicle, including The sources for the information in the Management and Oversight—To visitors to the FCC and other MVMP system include, but are not disclose information to the National government officials or employees, for limited to FCC Forms A–45, A–45–A, Archives and Records Administration ‘‘official business’’ with the FCC; and/or A–344, FCC Fiscal Year Motor Vehicle (NARA) for use in its records are involved in traffic accidents with Operations Report, FCC Vehicle Request management inspections; to the FCC vehicles; and Form, Vehicle Dispatch Record, FCC Government Accountability Office 4. Traffic officials and police, accident Driver’s Past Performance Record, FCC (GAO) for oversight purposes; to the witnesses, vehicle drivers and Request for a Private Vehicle, Federal Department of Justice (DOJ) to obtain passengers, and pedestrians whose Forms SF 91, SF 94, SF 95, OF–345, that department’s advice regarding information is contained in accident FOH–6 ME 0426, and associated state disclosure obligations under the reports. motor vehicle records, and licensing Freedom of Information Act (FOIA); or CATEGORIES OF RECORDS IN THE SYSTEM: and certification documents and forms; to the Office of Management and Budget The categories of records in this police and transportation safety (OMB) to obtain that office’s advice system include, but are not limited to officials’ reports and forms detailing regarding obligations under the Privacy the information concerning: safety, emergency, and/or accident Act. 1. Driver’s physical fitness records information and related vehicular data 5. Contract Services, Grants, or that include, but are not limited to the and activities with associated forms, Cooperative Agreements—To disclose driver’s full name, date of birth, position certifications, exhibits, and information to FCC contractors, title, home address, employing agency, authorizations concerning the operation grantees, or volunteers who have been physical limitations and current status of FCC vehicles. engaged to assist the FCC in the (as applicable), vision and hearing performance of a contract service, grant, ROUTINE USES OF RECORDS MAINTAINED IN THE current status, certifying official, and cooperative agreement, or other activity SYSTEM, INCLUDING CATEGORIES OF USERS AND related to this system of records and date. PURPOSES OF SUCH USES: 2. Driving records that include, but who need to have access to the records are not limited to state driver/operator In addition to those disclosures in order to perform their activity. license data including, but not limited generally permitted under 5 U.S.C. Recipients shall be required to comply to license type: Operator, chauffeur, and 552a(b) of the Privacy Act, all or a with the requirements of the Privacy Act other, issue/expiration dates, portion of the records or information of 1974, as amended, 5 U.S.C. 552a. restrictions, road test data, defensive contained in this system may be 6. Employment, Clearances, driving courses, traffic violations disclosed to authorized entities, as is Licensing, Contract, Grant, or other (except parking), suspensions, and/or determined to be relevant and Benefits Decisions by the FCC—To accidents, and signature and date. necessary, outside the FCC as a routine disclose information to a Federal, State, 3. Accident and associated damage, use pursuant to 5 U.S.C. 552a(b)(3) as local, tribal, or other public agency or injury, and death reporting records that follows. authority maintaining civil, criminal, or include, but are not limited to police 1. Adjudication and Litigation—To other relevant enforcement records, or motor vehicle accident reports, drivers’ disclose information to the Department other pertinent records, or to another information, witnesses’ information, of Justice (DOJ), or to other public authority or professional home and business addresses, home and administrative or adjudicative body organization, if necessary to obtain office telephone numbers, account of before which the FCC is authorized to information relevant to an investigation traffic accident’s date, time, location, appear, when: (a) The FCC or any concerning the hiring or retention of an injured and/or deceased individuals, component thereof; or (b) any employee employee or other personnel action, the private property and government of the FCC in his or her official capacity; issuance or retention of a license, grant, property damages, insurance claim(s), or (c) any employee of the FCC in his or other benefit by the Commission, to traffic case number(s), government or her individual capacity where the the extent that the information is vehicles and private vehicles trip and DOJ or the FCC have agreed to represent relevant and necessary to the requesting accident details, accident diagram(s), the employee; or (d) the United States agency’s decisions on the matter. and signatures and dates.3 is a party to litigation or have an interest 7. For Certain Disclosures to Other 4. Motor vehicle dispatch, trip in such litigation, and the use of such Federal Agencies—To disclose request, and fiscal year vehicle records by the DOJ or the FCC is information to a Federal agency, in operations records that include, but are deemed by the FCC to be relevant and response to its request in connection not limited to vehicle trip and necessary to the litigation. with the hiring or retention of an maintenance data including but not 2. Law Enforcement and employee, the issuance of a security limited to passengers and signatures, Investigations—To disclose pertinent clearance, the conducting of a suitability trip dates, departure/return times, information to the appropriate Federal, or security investigation of an State, and/or local agency responsible individual, the classifying of jobs, the 3 FCC/OMD–31, Private or Civil Injury Claimants, for investigating, prosecuting, enforcing, letting of a contract, or the issuance of covers the PII the Commission uses in determining whether a damage claim filed against the FCC or implementing a statute, rule, a license, grant, or other benefit by the should be paid and for reference purposes when regulation, or order, where the FCC requesting agency, to the extent that the similar cases arise. becomes aware of an indication of a information is relevant and necessary to

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the requesting agency’s decision on the POLICIES AND PRACTICES FOR RETRIEVAL OF Information Security Modernization Act matter. RECORDS: of 2014 (FISMA), the Office of 8. Labor Relations—To officials of Information in the electronic MVMP Management and Budget (OMB), and labor organizations recognized under 5 databases and the paper documents and the National Institute of Standards and U.S.C. Chapter 71 upon receipt of a files can be retrieved by the driver’s Technology (NIST). formal request and in accord with the name. The paper documents are maintained in file cabinets that are located in the conditions of 5 U.S.C. 7114 when POLICIES AND PRACTICES FOR RETENTION AND relevant and necessary to their duties of DISPOSAL OF RECORDS: ASC, EB, OGC, and OMD office suites. exclusive representation concerning The FCC maintains and disposes of Access to the file cabinets in these office personnel policies, practices, and these records in accordance with the suites is through a card-coded main matters affecting conditions of requirements of General Records door. The file cabinets are locked at the employment. Schedule (GRS) 5.4 issued by the end of the day, or when not in use. Access to these files is restricted to 9. Breach Notification—To National Archives and Records authorized ASC, EB, OGC, and OMD appropriate agencies, entities, and Administration (NARA), under the supervisors, employees, and contractors. persons when: (a) The Commission following Disposition Authorities: suspects or has confirmed that there has Item 010: DAA–GRS–2016–0011– RECORD ACCESS PROCEDURES: been a breach of the system of records; 0001: Facility, space, vehicle, Individuals wishing to request access (b) the Commission has determined that equipment, stock, and supply to and/or amendment of records about as a result of the suspected or confirmed administrative and operational records; them should follow the Notification Item 030: DAA–GRS–2016–0011– breach there is a risk of harm to Procedure below. individuals, the Commission (including 0003: Vehicle and equipment ownership its information systems, programs, and records and operation manual; CONTESTING RECORD PROCEDURES: operations), the Federal Government, or Item 040: DAA–GRS–2016–0011– Individuals wishing to request an national security; and (c) the disclosure 0004: Excess personal property, amendment of records about them made to such agencies, entities, and equipment, and vehicle records; should follow the Notification Item 090: DAA–GRS–2016–0011– persons is reasonably necessary to assist Procedure below. in connection with the Commission’s 0011: Land vehicle and water vessel efforts to respond to the suspected or inspection, maintenance, and service NOTIFICATION PROCEDURES: confirmed breach or to prevent, records; Individuals wishing to determine Item 110: DAA–GRS–2016–0011– minimize, or remedy such harm. whether this system of records contains 0014: Vehicle and heavy equipment information about them may do so by 10. Assistance to Federal Agencies 4 operator records; and writing to Leslie F. Smith, Privacy and Entities—To another Federal agency Item 140: DAA–GRS–2016–0011– or Federal entity, when the Commission Manager, Information Technology, 0017: Vehicle and vessel accident and Federal Communications Commission, determines that information from this incident records. system is reasonably necessary to assist 445 12th Street SW, Washington, DC the recipient agency or entity in: (a) ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 20554, or email [email protected] Responding to a suspected or confirmed SAFEGUARDS: and following the procedures set forth breach or (b) preventing, minimizing, or The electronic records, files, and data in the FCC’s Privacy Act regulations remedying the risk of harm to are stored within FCC accreditation regarding verification of identity and individuals, the recipient agency or boundaries. Access to the electronic access to records, 47 CFR Part 0, entity (including its information files is restricted to authorized ASC Subpart E. supervisors, employees, and contractors systems, program, and operations), the EXEMPTIONS PROMULGATED FOR THE SYSTEM: in the Office of Managing Director; the Federal Government, or national None. security, resulting from a suspected or supervisors, employees, and contractors confirmed breach. in EB and OGC; and the IT staff, HISTORY: contractors, and vendors who maintain This is a new system of records. REPORTING TO A CONSUMER REPORTING AGENCY: the networks and services. Other FCC employees, contractors, vendors, and Federal Communications Commission. In addition to the routine uses listed users may be granted access on a need- Marlene Dortch, above, the Commission may share to-know basis. The records in the FCC’s Secretary. information from this system of records computer network are protected by the [FR Doc. 2020–10533 Filed 5–15–20; 8:45 am] with a consumer reporting agency FCC and third-party privacy safeguards, BILLING CODE 6712–01–P regarding an individual who has not a comprehensive and dynamic set of IT paid a valid and overdue debt owed to safety and security protocols and the Commission, following the features that are designed to meet all FEDERAL COMMUNICATIONS procedures set out in the Debt Federal IT privacy standards, including COMMISSION Collection Act, 31 U.S.C. 3711(e). those required by the Federal [FRS 16761] POLICIES AND PRACTICES FOR STORAGE OF 4 The FCC collects and uses state drivers’ RECORDS: Federal Advisory Committee Act; licensing and certification information only on a Technological Advisory Council The information in the MVMP system temporary basis to verify that FCC headquarters contract drivers (i.e., chauffeur services) and FCC includes electronic data, records, and employees (authorized and/or required to use FCC AGENCY: Federal Communications files that are stored in the FCC’s owned or leased vehicles to perform their job Commission. computer network databases; and paper duties) meet applicable state licensing and Federal ACTION: Notice of public meeting. documents, records, and files that are operating requirements that authorize use of Federal government owned/leased vehicles, as SUMMARY: stored in file cabinets in the ASC office required by 5 CFR Sections 930.109 and 930.110. In accordance with the suite and in the EB office suite and field This information is destroyed once each driver’s Federal Advisory Committee Act, this offices. information is validated. notice advises interested persons that

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the Federal Communications FEDERAL COMMUNICATIONS the FCC invites the general public and Commission’s (FCC) Technological COMMISSION other Federal agencies to take this opportunity to comment on the Advisory Council will hold a meeting [OMB 3060–XXXX, FR No. 16767] on Thursday June 4, 2020 via following information collections. conference call and available to the Information Collection Being Reviewed Comments are requested concerning: public via the internet at http:// by the Federal Communications whether the proposed collection of www.fcc.gov/live, from 10:00 a.m. to 3 Commission information is necessary for the proper p.m. performance of the functions of the AGENCY: Federal Communications Commission, including whether the DATES: Thursday June 4, 2020. Commission. information shall have practical utility; ACTION: Notice and request for the accuracy of the Commission’s ADDRESSES: Federal Communications comments. burden estimate; ways to enhance the Commission, 445 12th Street SW, quality, utility, and clarity of the SUMMARY: As part of its continuing effort Washington, DC 20554. information collected; ways to minimize to reduce paperwork burdens, and as the burden of the collection of FOR FURTHER INFORMATION CONTACT: required by the Paperwork Reduction information on the respondents, Michael Ha, Deputy Chief, Policy and Act (PRA), the Federal Communications including the use of automated Rules Division 202–418–2099; Commission (FCC or Commission) collection techniques or other forms of [email protected]. invites the general public and other information technology; and ways to Federal agencies to take this SUPPLEMENTARY INFORMATION: At the further reduce the information opportunity to comment on the June 4th meeting, the FCC collection burden on small business following information collections. Technological Advisory Council will concerns with fewer than 25 employees. hear presentations from its four working Comments are requested concerning: OMB Control No.: 3060–XXXX. groups: 5G/IOT/V–RAN, Future of Whether the proposed collection of Title: 3.7 GHz Band Relocation Unlicensed Operations, Artificial information is necessary for the proper Payment Clearinghouse; 3.7 GHz Band performance of the functions of the Intelligence, and 5G Radio Access Relocation Coordinator; 3.7 GHz Band Commission, including whether the Network Technology. Meetings are Space Station Operators. information shall have practical utility; Form No.: N/A. broadcast live with open captioning the accuracy of the Commission’s over the internet from the FCC Live web Type of Review: New collection. burden estimate; ways to enhance the Respondents: Business or other for- page at http://www.fcc.gov/live/. The quality, utility, and clarity of the profit entities; not-for-profit institutions; public may submit written comments information collected; ways to minimize State, Local or Tribal Government. before the meeting to Michael Ha, the the burden of the collection of Number of Respondents and FCC’s Designated Federal Officer for information on the respondents, Responses: 3,007 respondents and 9,362 Technological Advisory Council by including the use of automated responses. email: [email protected] or U.S. Postal collection techniques or other forms of Estimated Time per Response: 0.5 Service Mail (Michael Ha, Federal information technology; and ways to hours—600 hours. Communications Commission, Room 7– further reduce the information Frequency of Response: A134, 445 12th Street SW, Washington, collection burden on small business Recordkeeping requirement; on DC 20554). Open captioning will be concerns with fewer than 25 employees. occasion, weekly, monthly, quarterly, provided for this event. Other The FCC may not conduct or sponsor a semi-annual, and annual reporting reasonable accommodations for people collection of information unless it requirements; third party disclosure with disabilities are available upon displays a currently valid Office of requirement. request. Requests for such Management and Budget (OMB) control Obligation to Respond: Required to accommodations should be submitted number. No person shall be subject to obtain or retain benefits. The statutory via email to [email protected] or by calling any penalty for failing to comply with authority for this collection of the Office of Engineering and a collection of information subject to the information is contained in sections 1, Technology at 202–418–2470 (voice), PRA that does not display a valid OMB 2, 4(i), 4(j), 5(c), 201, 302, 303, 304, 307(e), 309, and 316 of the (202) 418–1944 (fax). Such requests control number. Communications Act of 1934, as should include a detailed description of DATES: Written comments should be amended, 47 U.S.C. 151, 152, 154(i), the accommodation needed. In addition, submitted on or before July 17, 2020. If you anticipate that you will be 154(j), 155(c), 201, 302, 303, 304, 307(e), please include your contact information. 309, and 316. Please allow at least five days advance submitting comments, but find it difficult to do so within the period of Total Annual Burden: 77,754 hours. notice; last minute requests will be time allowed by this notice, you should Annual Cost Burden: $10,705,353. accepted but may not be possible to fill. advise the contacts below as soon as Privacy Act Impact Assessment: No Federal Communications Commission. possible. impact(s). Nature and Extent of Confidentiality: Ronald T. Repasi, ADDRESSES: Direct all PRA comments to The information collected under this Acting Chief, Office of Engineering and Cathy Williams, FCC, via email PRA@ collection will be made publicly Technology. fcc.gov and to [email protected]. available. However, to the extent [FR Doc. 2020–10562 Filed 5–15–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: For information submitted pursuant to this BILLING CODE 6712–01–P additional information about the information collection is determined to information collection, contact Cathy be confidential, it will be protected by Williams at (202) 418–2918. the Commission. If a respondent seeks SUPPLEMENTARY INFORMATION: As part of to have information collected pursuant its continuing effort to reduce to this information collection withheld paperwork burdens, and as required by from public inspection, the respondent the PRA of 1995 (44 U.S.C. 3501–3520), may request confidential treatment

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pursuant to section 0.459 of the FCC staff will use this data to ensure information is necessary for the proper Commission’s rules for such that 3.7–4.2 GHz band stakeholders performance of the functions of the information. adopt practices and standards in their Commission, including whether the Needs and Uses: On February 28, operations to ensure an effective, information shall have practical utility; 2020, in furtherance of the goal of efficient, and streamlined transition. the accuracy of the Commission’s releasing more mid-band spectrum into Status reports and other information burden estimate; ways to enhance the the market to support and enabling required in this collection will be used quality, utility, and clarity of the next-generation wireless networks, the to ensure that the process of clearing the information collected; ways to minimize Commission adopted a Report and lower portion of the band is efficient the burden of the collection of Order, FCC 20–22, (3.7 GHz Report and and timely, so that the spectrum can be information on the respondents, Order), in which it reformed the use of auctioned for flexible-use service including the use of automated the 3.7–4.2 GHz band, also known as the licenses and deployed for next- collection techniques or other forms of C-band. Currently, the 3.7–4.2 GHz band generation wireless services, including information technology; and ways to is allocated in the United States 5G, as quickly as possible. The further reduce the information exclusively for non-Federal use on a collection is also necessary for the collection burden on small business primary basis for Fixed Satellite Service Commission to satisfy its oversight concerns with fewer than 25 employees. (FSS) and Fixed Service (FS). responsibilities and/or agency specific/ The FCC may not conduct or sponsor a Domestically, space station operators government-wide reporting obligations. collection of information unless it use the 3.7–4.2 GHz band to provide The Commission concluded in the 3.7 displays a currently valid Office of downlink signals of various bandwidths GHz Report and Order that a Relocation Management and Budget (OMB) control to licensed transmit-receive, registered Payment Clearinghouse and Relocation number. No person shall be subject to receive-only, and unregistered receive- Coordinator are critical to ensuring that any penalty for failing to comply with only earth stations throughout the the reconfiguration is administered in a a collection of information subject to the United States. fair, transparent manner and that the PRA that does not display a valid OMB The 3.7 GHz Report and Order calls transition occurs as expeditiously as control number. for the relocation of existing FSS possible. To accomplish these goals DATES: Written PRA comments should operations in the band into the upper most effectively, the Commission is be submitted on or before July 17, 2020. 200 megahertz of the band (4.0–4.2 GHz) seeking approval for a new information If you anticipate that you will be and relocation of existing FS operations collection to collect information from submitting comments, but find it into other bands, making the lower 280 the Relocation Payment Clearinghouse, difficult to do so within the period of megahertz (3.7–3.98 GHz) available for the Relocation Coordinator, and time allowed by this notice, you should flexible use throughout the contiguous incumbent space station operators and advise the contact listed below as soon United States through a Commission- allow the Relocation Payment as possible. administered public auction of overlay Clearinghouse and Relocation ADDRESSES: Direct all PRA comments to licenses that is scheduled to occur later Coordinator to collection information to Nicole Ongele, FCC, via email PRA@ this year. The Commission adopted a ensure that the band is transitioned fcc.gov and to [email protected]. robust transition schedule to achieve a effectively. FOR FURTHER INFORMATION CONTACT: For prompt relocation of FSS and FS Federal Communications Commission. additional information about the operations so that a significant amount Marlene Dortch, information collection, contact Nicole of spectrum could be made available Secretary. Ongele, (202) 418–2991. SUPPLEMENTARY INFORMATION quickly for next-generation wireless [FR Doc. 2020–10529 Filed 5–15–20; 8:45 am] : deployments. At the same time, the OMB Control Number: 3060–0773. BILLING CODE 6712–01–P Commission sought to ensure the Title: Sections 2.803 and 2.803(c)(2), effective accommodation of relocated Marketing of RF Devices Prior to incumbent users. To facilitate an FEDERAL COMMUNICATIONS Equipment Authorization. Form Number: N/A. efficient transition, the Commission COMMISSION adopted a process for fully reimbursing Type of Review: Extension of a existing operators for the costs of this [OMB 3060–0773; FRS 16762] currently approved collection. relocation and for offering accelerated Respondents: Businesses or other for- Information Collection Being Reviewed relocation payments to encourage a profit. by the Federal Communications timely transition. Flexible-use licensees Number of Respondents and Commission will be required to pay any accelerated Responses: 10,000 respondents and relocation payments, if elected by 10,000 responses. AGENCY: Federal Communications Estimated Time per Response: 0.5 eligible space station operators, and Commission. hours. reimburse incumbent operators for their ACTION: Notice and request for Frequency of Response: One-time actual relocation costs associated with comments. reporting requirement and third party clearing the lower 300 megahertz of the disclosure requirement. band while ensuring continued SUMMARY: As part of its continuing effort Obligation to Respond: Required to operations for their customers. The 3.7 to reduce paperwork burdens, and as obtain or retain benefits. Statutory GHZ Report and Order establishes a required by the Paperwork Reduction authority for this information collection Relocation Payment Clearinghouse to Act of 1995 (PRA), the Federal is contained in 47 U.S.C. 154(i), 302, oversee the cost-related aspects of the Communications Commission (FCC or 303, 303(r), and 307. transition and establishes a Relocation Commission) invites the general public Total Annual Burden: 5,000 hours. Coordinator to establish a timeline and and other Federal agencies to take this Total Annual Cost: No Cost. take actions necessary to migrate and opportunity to comment on the Nature and Extent of Confidentiality: filter incumbent earth stations to ensure following information collections. There is no need for confidentiality. continued, uninterrupted service during Comments are requested concerning: Privacy Act Impact Assessment: No and following the transition. Whether the proposed collection of impact(s).

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Needs and Uses: The Commission The information disclosure applies to The presiding administrative law will submit this information collection a variety of RF devices that: judge may be contacted with questions to the Office of Management and Budget (1) Is pending equipment regarding this notice. (OMB) after this 60-day comment period authorization or verification of Authority: 30 U.S.C. 823. compliance; in order to obtain the full three-year Dated: May 13, 2020. clearance from them. (2) May be manufactured in the Sarah L. Stewart, The Commission has established rules future; (3) May be sold as kits; and Deputy General Counsel, Federal Mine Safety for the marketing of radio frequency and Health Review Commission. (RF) devices prior to equipment (4) Operates under varying technical authorization under guidelines in 47 standards. [FR Doc. 2020–10595 Filed 5–15–20; 8:45 am] The information disclosed is essential BILLING CODE 6735–01–P CFR Section 2.803. The general to ensuring that interference to radio guidelines in Section 2.803 prohibit the communications is controlled. marketing or sale of such equipment Federal Communications Commission. FEDERAL MINE SAFETY AND HEALTH prior to a demonstration of compliance REVIEW COMMISSION with the applicable equipment Marlene Dortch, authorization and technical Secretary, Office of the Secretary. Sending Case Issuances Through requirements in the case of a device [FR Doc. 2020–10535 Filed 5–15–20; 8:45 am] Electronic Mail subject to verification or Declaration of BILLING CODE 6712–01–P Conformity without special notification. AGENCY: Federal Mine Safety and Health Section 2.803(c)(2) permits limited Review Commission. marketing activities prior to equipment FEDERAL MINE SAFETY AND HEALTH ACTION: Notice. authorization, for devices that could be REVIEW COMMISSION authorized under the current rules; SUMMARY: On a temporary basis, the could be authorized under waivers of Temporary Suspension of In-Person Federal Mine Safety and Health Review such rules that are in effect at the time Hearings Commission will be sending its of marketing; or could be authorized issuances through electronic mail and AGENCY: Federal Mine Safety and Health under rules that have been adopted by will not be monitoring incoming Review Commission. the Commission but that have not yet physical mail or facsimile ACTION: become effective. These devices may be Notice. transmissions. not operated unless permitted by SUMMARY: The Federal Mine Safety and DATES: Applicable: May 12, 2020. section 2.805. Health Review Commission (the FOR FURTHER INFORMATION CONTACT: The following general guidelines ‘‘Commission’’) is suspending all in- Sarah Stewart, Deputy General Counsel, apply for third party notifications: person hearings, settlement judge Office of the General Counsel, Federal (a) A RF device may be advertised and conferences, and mediations until June Mine Safety and Health Review displayed at a trade show or exhibition 12, 2020. Commission, at (202) 434–9935; prior to a demonstration of compliance DATES: Applicable: May 12, 2020. [email protected]. with the applicable technical standards FOR FURTHER INFORMATION CONTACT: and compliance with the applicable SUPPLEMENTARY INFORMATION: Until June Sarah Stewart, Deputy General Counsel, 12, 2020, case issuances of the Federal equipment authorization procedure Office of the General Counsel, Federal provided the advertising and display is Mine Safety and Health Review Mine Safety and Health Review Commission (FMSHRC), including inter accompanied by a conspicuous notice Commission, at (202) 434–9935. specified in Section 2.803(c)(2)(iii)(A) or alia notices, decisions, and orders, will SUPPLEMENTARY INFORMATION: In view of be sent only through electronic mail. Section 2.803(c)(2)(iii)(B). the risks presented by the novel (b) An offer for sale solely to business, This includes notices, decisions, and coronavirus COVID–19, the orders described in 29 CFR 2700.4(b)(1), commercial, industrial, scientific, or Commission’s Office of the Chief medical users of an RF device in the 2700.24(f)(1), 2700.45(e)(3), 2700.54, Administrative Law Judges (‘‘OCALJ’’) and 2700.66(a). Further, FMSHRC will conceptual, developmental, design or is, effective May 12, 2020, suspending pre-production stage prior to not be monitoring incoming physical all in-person hearings, settlement judge mail or facsimile described in 29 CFR demonstration of compliance with the conferences, and mediations until June equipment authorization regulations 2700.5(c)(2). If possible, all filings 12, 2020. should be e-filed as described in 29 CFR may be permitted provided that the At the discretion of the presiding 2700.5(c)(1). prospective buyer is advised in writing administrative law judge and in at the time of the offer for sale that the coordination with the parties, hearings Authority: 30 U.S.C. 823. equipment is subject to FCC rules and may proceed by videoconference or by Dated: May 13, 2020. that the equipment will comply with the telephone. Similarly, settlement judge Sarah L. Stewart, appropriate rules before delivery to the conferences and mediations may be buyer or centers of distribution. Deputy General Counsel, Federal Mine Safety held by videoconference or by and Health Review Commission. (c) Equipment sold as evaluation kit telephone. If the parties agree that an [FR Doc. 2020–10597 Filed 5–15–20; 8:45 am] may be sold to specific users with notice evidentiary hearing is not needed, cases BILLING CODE 6735–01–P specified in Section 2.803(c)(2)(iv)(B). may also be presented for a decision on The information to be disclosed about the record. marketing of the RF device is intended: The parties will be notified if the FEDERAL MINE SAFETY AND HEALTH (1) To ensure the compliance of the hearing needs to be rescheduled. OCALJ REVIEW COMMISSION proposed equipment with Commission will reassess the risks presented by in- rules; and person hearings prior to June 12, 2020, Sunshine Act Notice (2) To assist industry efforts to and issue a subsequent order informing introduce new products to the the public as to whether the suspension TIME AND DATE: 10:00 a.m., Wednesday, marketplace more promptly. of in-person hearings will continue. May 27, 2020.

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PLACE: This argument will be conducted CONTACT PERSON FOR MORE INFO: Board of Governors of the Federal Reserve through a videoconference involving all Emogene Johnson (202) 434–9935/(202) System, May 13, 2020. Commissioners. Any person wishing to 708–9300 for TDD Relay/1–800–877– Yao-Chin Chao, listen to the proceedings may call the 8339 for toll free. Assistant Secretary of the Board. number listed below. [FR Doc. 2020–10615 Filed 5–15–20; 8:45 am] PHONE NUMBER FOR LISTENING TO STATUS: Open. BILLING CODE P MEETING: 1–(866) 236–7472, Passcode: MATTERS TO BE CONSIDERED: The 678–100. Commission will hear oral argument in the matter Secretary of Labor v. Authority: 5 U.S.C. 552b. DEPARTMENT OF HEALTH AND Northshore Mining Co., Docket Nos. Dated: May 14, 2020. HUMAN SERVICES LAKE 2017–224, et al. (Issues include Sarah L. Stewart, whether the Judge erred in concluding Centers for Disease Control and Deputy General Counsel. that a violation of the walkway standard Prevention resulted from an unwarrantable failure [FR Doc. 2020–10798 Filed 5–14–20; 4:15 pm] and the operator’s reckless disregard.) BILLING CODE 6735–01–P Statement of Organization, Functions, Any person attending this oral and Delegations of Authority argument who requires special Part C (Centers for Disease Control accessibility features and/or auxiliary and Prevention) of the Statement of FEDERAL RESERVE SYSTEM aids, such as sign language interpreters, Organization, Functions, and must inform the Commission in advance Change in Bank Control Notices; Delegations of Authority of the of those needs. Subject to 29 CFR Department of Health and Human 2706.150(a)(3) and 2706.160(d). Acquisitions of Shares of a Bank or Bank Holding Company Services (45 FR 67772–76, dated CONTACT PERSON FOR MORE INFO: October 14, 1980, and corrected at 45 FR Emogene Johnson (202) 434–9935/(202) The notificants listed below have 69296, October 20, 1980, as amended 708–9300 for TDD Relay/1–800–877– applied under the Change in Bank most recently at 85 FR 21008, dated 8339 for toll free. Control Act (Act) (12 U.S.C. 1817(j)) and April 15, 2020) is amended to PHONE NUMBER FOR LISTENING TO § 225.41 of the Board’s Regulation Y (12 reorganize the National Center for MEETING: 1–(866) 236–7472, Passcode: CFR 225.41) to acquire shares of a bank Immunization and Respiratory Diseases, 678–100. or bank holding company. The factors Centers for Disease Control and Authority: 5 U.S.C. 552b. that are considered in acting on the Prevention. Section C–B, Organization and applications are set forth in paragraph 7 Dated: May 14, 2020. Functions, is hereby amended as of the Act (12 U.S.C. 1817(j)(7)). Sarah L. Stewart, follows: Deputy General Counsel. The applications listed below, as well Delete mission statements for the [FR Doc. 2020–10801 Filed 5–14–20; 4:15 pm] as other related filings required by the National Center for Immunization and BILLING CODE 6735–01–P Board, if any, are available for Respiratory Diseases (CVG) insert the immediate inspection at the Federal following: Reserve Bank indicated. The National Center for Immunization FEDERAL MINE SAFETY AND HEALTH applications will also be available for and Respiratory Diseases (CVG). The REVIEW COMMISSION inspection at the offices of the Board of National Center for Immunization and Governors. Interested persons may Respiratory Diseases (NCIRD) prevents Sunshine Act Notice express their views in writing on the disease, disability, and death through standards enumerated in paragraph 7 of immunization and by control of TIME AND DATE: 10:00 a.m., Thursday, the Act. respiratory and related diseases. In May 28, 2020. Comments regarding each of these carrying out its mission, NCIRD: (1) PLACE: This meeting will be conducted applications must be received at the Provides leadership, expertise, and through a videoconference involving all service in laboratory and Commissioners. Any person wishing to Reserve Bank indicated or the offices of the Board of Governors, Ann E. epidemiological sciences, and in listen to the proceedings may call the immunization program delivery; (2) phone number listed below. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, conducts applied research on disease STATUS: Open. Washington DC 20551–0001, not later prevention and control; (3) translates MATTERS TO BE CONSIDERED: The than June 2, 2020. research findings into public health Commission will consider and act upon policies and practices; (4) provides the following in open session: Secretary A. Federal Reserve Bank of Dallas diagnostic and reference laboratory of Labor v. Northshore Mining Co., (Robert L. Triplett III, Senior Vice services to relevant partners; (5) Docket Nos. LAKE 2017–224, et al. President) 2200 North Pearl Street, conducts surveillance and research to (Issues include whether the Judge erred Dallas, Texas 75201–2272: determine disease distribution, in concluding that a violation of the 1. C&D Family Holding II, LP, Chirag determinants, and burden nationally walkway standard resulted from an Patel, general partner; LKP Reserve, LP, and internationally; (6) responds to unwarrantable failure and the operator’s Mital Patel, general partner; and disease outbreaks domestically and reckless disregard.) Sagestar Family II, LP, Mehul Patel, abroad; (7) ensures that public health Any person attending this meeting general partner, all of Lewisville, Texas; decisions are made objectively and who requires special accessibility as a group acting in concert to acquire based upon the highest quality of features and/or auxiliary aids, such as voting shares of Bright Force Holding scientific data; (8) provides technical sign language interpreters, must inform GP, LLC, Lewisville, Texas, and thereby expertise, education, and training to the Commission in advance of those indirectly acquire voting shares of domestic and international partners; (9) needs. Subject to 29 CFR 2706.150(a)(3) American Bank, National Association, provides leadership to internal and and 2706.160(d). Dallas, Texas. external partners for establishing and

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maintaining immunization, and other vaccine-preventable and respiratory fiscal management, personnel, human prevention and control programs; (10) diseases; ensuring that communication capital, workforce training and develops, implements, and evaluates distributed by the center is timely, development, travel, records domestic and international public accurate, clear and relevant to intended management, facility management and health policies; (11) communicates audiences; (18) provides guidance for other administrative related services; (2) information to increase awareness, key scientific and laboratory services in prepares and distributes annual budget knowledge, and understanding of public the functional areas of extramural plans and provides overall health issues domestically and research (research and non-research), programmatic direction for planning internationally, and to promote effective human studies oversight and review, and management oversight of allocated immunization programs; (12) aligns the regulatory affairs; activities in the area resources; (3) provides guidance on national center focus with the overall of space planning, advising, NCIRD requirements related to strategic goals of CDC; (13) synchronizes coordination and evaluation, safety contracts, grants, cooperative all aspects of CDC’s pandemic influenza management and coordination, and agreements, reimbursable agreements, preparedness and response from shared services in controlled interagency agreements, memorandums strategy through implementation and correspondence, and programmatic of agreement/understanding, and evaluation; and (14) implements, services in the area of workforce and intergovernmental personnel act coordinates, and evaluates programs career development; (19) provides and agreements; (4) reviews the effectiveness across NCIRD, Deputy Director for coordinates center-wide administrative, and efficiency of the operation and Infectious Diseases(DDID), and CDC to management, and support services in administration of all NCIRD programs; optimize public health impact. the areas of fiscal management, (5) develops and implements Delete the functional statements for personnel, travel, procurement, facility administrative policies and procedures; the Office of the Director (CVG1) and management, the Vaccine Management and (6) prepares special reports and insert the following: Improvement Project and other studies in the administrative Office of the Director (CVG1). (1) administrative services; and (20) management areas. Provides leadership, expertise, and manages the coordination of workforce Delete in its entirety the title and service in laboratory and development and succession planning functional statement for the Office of epidemiological sciences and in activities and provide human capital Science and Integrated Programs immunization program delivery; (2) management, planning and training (CVG17) and insert the following: provides diagnostic and reference consultation services. Office of Science (CVG17). (1) Links laboratory services to relevant Delete the functional statements for strategies and priorities of the primarily partnerships; (3) works with DDID to the Office of Informatics (CVG12) and programmatic-focused NCIRD divisions ensure spending plans, budget planning, insert the following: with those of primarily disease-based and budget execution are in line with Office of Informatics (CVG12). (1) divisions; (2) facilitates development the overall infectious disease strategies Manages all IT project costs, schedules, and ongoing implementation of and priorities; (4) ensures that the performances, and risks; (2) provides integrated infectious respiratory disease NCIRD strategy is executed by the expertise in leading application (including influenza) surveillance, divisions and aligned with overall CDC development techniques in information research, and prevention and control goals; (5) co-develops execution science and technology to affect the best activities across the divisions, both strategies for the center with the use of resources; (3) performs technical domestically and globally, including division directors; (6) provides program evaluation and/or integrated baseline supporting implementation of NCIRD’s and science quality oversight; (7) builds reviews of all information systems’ respiratory diseases strategic prevention leadership at the division and branch products and services prior to priorities; (3) interfaces with other CDC levels; (8) evaluates the strategies, focus, procurement to ensure software CIOs working in the area of respiratory and prioritization of the division purchases align with DDID strategy; (4) diseases; (4) coordinates and facilitates research, program, and budget activities; provides access to quality data in the center’s overall respiratory and (9) identifies and coordinates synergies support of programmatic data analysis; vaccine preventable disease scientific/ between center and relevant partners; (5) coordinates all enterprise-wide IT research agenda; (5) assumes (10) ensures that policy development is security policies and procedures with responsibility for the protection of consistent and appropriate; (11) the Office of the Chief Information human research subjects, scientific facilitates research and program Officer; (6) ensures operations are in review, clearance of manuscripts and activities by providing leadership accordance with CDC Capital Planning other written materials; (6) provides support; (12) proposes resource and Investment Control guidelines; (7) planning and coordination of overall priorities throughout the budget cycle; ensures adherence to CDC enterprise surveillance strategies, preparedness, (13) ensures scientific quality, ethics, architecture guidelines and standards; response, and prevention effectiveness and regulatory compliance; (14) fosters (8) consults with users to determine IT related to a center-wide public health an integrated approach to research, needs and to develop strategic and scientific agenda and in quantifying program, and policy activities; (15) action plans; and (9) participates in the how programs and activities promote liaises with HHS and other domestic evolution, identification, development, cost-effective and high impact and international immunization and or adoption of appropriate informatics prevention strategies with respect to respiratory disease partners as well as standards in conjunction with the DDID. immunization and other vaccine with NCIRD divisions; (16) coordinates Delete in its entirety the title and preventable disease programs; (7) center’s emergency response activities functional statement for the Office of provides leadership (agency and center- related to immunization issues and Administrative Services (CVG16) and wide) for vaccine preventable and complex acute respiratory infectious insert the following: respiratory disease surveillance to disease emergencies; (17) applies Office of Management and Operations include guidance and coordination of communication science, media (CVG16). (1) Plans, coordinates, directs NCIRD surveillance activities and principles, and web design to support and provides advice and guidance on systems, as well as leadership on issues NCIRD and CDC’s efforts to reduce management and administrative related to internal and external morbidity and mortality caused by operations of NCIRD in the areas of integration of CDC surveillance

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activities; (8) coordinates, facilitates and purview, and prepares and distributes appropriate CDC, CCID, and NCIRD integrates domestic and international surveillance information; (2) conducts offices on administrative and program respiratory and vaccine preventable epidemiologic and laboratory studies to matters; (4) reviews, prepares, and disease surveillance activities through define etiology, patterns of disease, coordinates congressional testimony existing methods while developing new disease burden, and risk factors; and briefing documents related to approaches, tools and analyses for these determines safety, effectiveness, and bacterial respiratory and vaccine activities; (9) fosters a multidisciplinary cost effectiveness of vaccines, updates preventable diseases, and analyzes approach to epidemiology, statistics, immunization policy, and evaluates programmatic and policy implications informatics, laboratory methods and other aspects of immunization practices; of legislative proposals; (5) serves as evaluation; (10) provides leadership, and identifies and evaluates other (non- CDC, CCID, and NCIRD’s primary expertise and service in laboratory vaccine) prevention strategies; (3) internal and external communications science; (11) represents NCIRD’s provides consultation on the use of contact regarding bacterial respiratory interests in cross-cutting laboratory bacterial vaccines and other measures to and vaccine-preventable disease issues; services in DDID which include, but are prevent infections; (4) participates, (6) advises CDC, CCID, and NCIRD on not limited to, laboratory information provides consultation, and supports policy matters concerning the division’s systems, quality management systems investigations of outbreaks, epidemics, programs and activities; (7) assures the and bioinformatics; (12) ensures a safe and other public health problems in the overall quality of the science conducted working environment in NCIRD U.S. and internationally, and by the division; (8) guides and facilitates laboratories; (13) collaborates effectively recommends and evaluates appropriate efficient coordination and cooperation with other centers and offices in control measures; (5) provides scientific for administrative, programmatic, and carrying out its functions; and (14) leadership for development and scientific activities within the division, manages CDC’s intellectual property evaluation of immunization policy and with other groups in and outside of (e.g., patents, trademarks, copyrights) related to vaccines in the U.S. by CDC; (9) provides statistical and promotes the transfer of new compiling and analyzing information on methodology and participates in the technology from CDC research to the vaccine-preventable diseases and division’s outbreak investigations and private sector to facilitate and enhance helping prepare statements on bacterial disease reporting systems for ongoing the development of diagnostic products, vaccines for the ACIP and other groups surveillance; (10) develops new vaccines, and products to improve to support the development and methods or adapts existing methods for occupational safety. evaluation of immunization policy; in statistical applications in epidemiologic After the functional statement for the international settings, provides or laboratory research studies for the Influenza Coordination Unit (CVG18), guidance and technical expertise on division; (11) provides statistical insert the following: VPD policy development; (6) provides consultation for epidemiologic and VTrckS Management Office (CVG19). laboratory support for surveillance and laboratory research studies conducted Responsible for providing day-to-day epidemiologic studies and reference by the division; (12) assists researchers management and support for VTrckS/ diagnostic services, to state and local with statistical aspects of report writing NABIP internal and external customers health departments, other federal and prepares statistical portions of including: (1) Co-chair and support of agencies, and national and international papers, protocols, and reports written by VTrckS PMO; (2) testing and health organizations; (7) conducts staff of the division; (13) trains troubleshooting of all VTrckS and studies of the biology, biochemical, professional staff of the division in NABIP functionality and break fixes; (3) genetic, and antigenic characteristics, statistical methods; and (14) provides a OCM and communications for internal immunology and pathogenesis of center of excellence for the study of and external VTrckS and NABIP immunologic response to infection, customers; (4) web-based and in person disease; (8) develops, analyzes, and training for internal and external improves diagnostic methods and vaccination, and therapeutic VTrckS and NABIP customers; (5) reagents; (9) facilitates development and interventions against bacterial diseases, conducting annual VTrckS User evaluation of immunologic compounds, including Bacillus anthracis. Satisfaction survey; (6) Level 1 and vaccines and vaccination programs; (10) Respiratory Diseases Branch Level 2 support for VTrckS and NABIP; provides intramural and extramural (CVGGB). (1) Provides assistance and and (7) managing contracts for Business assistance with professional training; control of epidemics and works to Analysts, VTrckS operations and (11) assists internal and external improve control and prevention of maintenance technical support, training partners with other public health respiratory and other syndromes caused and program support, and VTrckS problems of national and international by Streptococcus pneumoniae, group A contact center operations. significance when needed; (12) provides and group B streptococci, and atypical Delete in its entirety the title and technical support to state immunization respiratory bacteria (Legionella, functional statement for the Division of programs for all aspects of vaccine- Mycoplasma, and Chlamydia species), Bacterial Diseases (CVGG) and insert preventable diseases and their vaccines; as well as community-acquired drug the following: (13) provides leadership in vaccine resistant bacterial infections, Division of Bacterial Diseases (CVGG). science; and (14) supports CDC’s community-acquired pneumonia, otitis The Division of Bacterial Diseases (DBD) Immunization Safety Office in vaccine media, and neonatal sepsis; (2) prevents respiratory and vaccine- safety risk assessment and leadership in develops, implements, and evaluates preventable diseases caused by bacteria vaccine safety risk management. prevention methods for these diseases, through strategic planning, Office of the Director (CVGG1). (1) including vaccines and non-vaccine coordination, scientific investigation, Directs, coordinates, and manages the strategies; (3) provides consultation and and leadership. In carrying out its programs and activities of the division; support to domestic and international mission, DBD: (1) Conducts and assists (2) provides leadership and guidance on partners on use of vaccines and other state and local health departments to policy, program planning and prevention measures to reduce bacterial conduct surveillance, including development, program management, respiratory diseases; (4) coordinates surveillance for antimicrobial resistance and operations; (3) coordinates or activities within and outside the in the bacteria under the Division’s assures coordination with the division related to Active Bacterial Core

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surveillance with the Emerging DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Infections Program states, and assists HUMAN SERVICES Caecilia Blondiaux, (410) 786–2190. with coordination of other surveillance SUPPLEMENTARY INFORMATION: Inspection platforms that include bacterial Centers for Medicare & Medicaid of Public Comments: All comments respiratory diseases; (5) provides Services received before the close of the reference and diagnostic activities for [CMS–3399–PN] comment period are available for respiratory bacterial diseases and for the viewing by the public, including any identification of unknown gram positive Medicare and Medicaid Programs: personally identifiable or confidential cocci; (6) develops and evaluates new Application From DNV–GL Healthcare business information that is included in diagnostic methods for bacterial USA, Inc. for Continued Approval of its a comment. We post all comments respiratory pathogens; (7) develops, Critical Access Hospital Accreditation received before the close of the maintains, and implements genetic Program comment period on the following website as soon as possible after they analyses of bacteria to enhance AGENCY: Centers for Medicare & have been received: http:// surveillance programs, outbreak Medicaid Services (CMS), HHS. www.regulations.gov . Follow the search investigations, and public health ACTION: Notice with request for instructions on that website to view research; and (8) collaborates with other comment. public comments. CDC groups, state and federal agencies, ministries of health, WHO, PAHO, SUMMARY: This proposed notice I. Background private industry, academia, and other acknowledges the receipt of an Under the Medicare program, eligible governmental organizations involved in application from DNV–GL Healthcare beneficiaries may receive covered public health. USA, Inc. for continued recognition as services in a critical access hospital a national accrediting organization for (CAH), provided that certain Meningitis and Vaccine Preventable critical access hospitals that wish to Disease Branch (CVGGC). (1) Provides requirements are met by the CAH. participate in the Medicare or Medicaid Section 1861(mm) of the Social Security assistance in control of endemic and programs. Act (the Act), establishes distinct epidemic disease and exploits DATES: To be assured consideration, criteria for facilities seeking designation opportunities to improve control and comments must be received at one of as a CAH. Regulations concerning prevention of bacterial illness including: the addresses provided below, no later provider agreements are at 42 CFR part disease due to Neisseria meningitidis, than 5 p.m. on June 17, 2020. 489 and those pertaining to activities Haemophilus influenzae infections, ADDRESSES: In commenting, please refer relating to the survey and certification diphtheria, pertussis, tetanus, and to file code CMS–3399–PN of facilities are at 42 CFR part 488. The bacterial meningitis syndrome; (2) Comments, including mass comment regulations at 42 CFR part 485, subpart provides reference and diagnostic submissions, must be submitted in one F specify the conditions that a CAH activities for agents causing these of the following three ways (please must meet to participate in the Medicare diseases; (3) provides cross-cutting choose only one of the ways listed): program, the scope of covered services, vaccine responsibilities for the division 1. Electronically. You may submit and the conditions for Medicare of bacterial diseases; and develops, electronic comments on this regulation payment for CAHs. implements and evaluates prevention to http://www.regulations.gov . Follow Generally, to enter into an agreement, strategies for these bacterial diseases; (4) the ‘‘submit a comment’’ instructions. a CAH must first be certified by a state develops, implements, and evaluates 2. By regular mail. You may mail survey agency as complying with the vaccines and vaccine candidates for written comments to the following conditions or requirements set forth in these bacterial diseases; (5) conducts address ONLY: Centers for Medicare & part 485 of our regulations. Thereafter, Medicaid Services, Department of the CAH is subject to regular surveys by surveillance and epidemiological Health and Human Services, Attention: a state survey agency to determine research for meningococcal disease, H. CMS–3399–PN, P.O. Box 8010, whether it continues to meet these influenzae infections, diphtheria, Baltimore, MD 21244–8010. requirements. pertussis, tetanus, and bacterial Please allow sufficient time for mailed However, there is an alternative to meningitis syndrome; (6) maintains comments to be received before the surveys by state agencies. Section WHO Collaborating Center for Control close of the comment period. 1865(a)(1) of the Act states, if a provider and Prevention of Epidemic Meningitis; 3. By express or overnight mail. You entity demonstrates through and (7) collaborates with other CDC may send written comments to the accreditation by an approved national groups, state and federal agencies, following address ONLY: Centers for accrediting organization (AO) that all ministries of health, WHO, PAHO, Medicare & Medicaid Services, applicable Medicare conditions are met private industry, and other Department of Health and Human or exceeded, we will deem those governmental organizations involved in Services, Attention: CMS–3399–PN, provider entities as having met the public health Mail Stop C4–26–05, 7500 Security requirements. Accreditation by an AO is Boulevard, Baltimore, MD 21244–1850. voluntary and is not required for Sherri A. Berger, [Submission of comments on Medicare participation. Chief Operating Officer, Centers for Disease paperwork requirements. You may If an AO is recognized by the Centers Control and Prevention. submit comments on this document’s for Medicare & Medicaid Services (CMS) [FR Doc. 2020–10598 Filed 5–15–20; 8:45 am] paperwork requirements by following as having standards for accreditation BILLING CODE 4163–18–P the instructions at the end of the that meet or exceed Medicare ‘‘Collection of Information requirements, any provider entity Requirements’’ section in this accredited by the national accrediting document.] body’s approved program would be For information on viewing public deemed to meet the Medicare comments, see the beginning of the conditions. A national AO applying for SUPPLEMENTARY INFORMATION section. approval of its accreditation program

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under part 488, subpart A, must provide necessarily limited to, the following Paperwork Reduction Act of 1995 (44 us with reasonable assurance that the factors: U.S.C. Chapter 3501 et seq.). AO requires the accredited provider • The equivalency of the DNV–GL’s V. Response to Comments entities to meet requirements that are at standards for hospitals as compared least as stringent as the Medicare with CMS’ CAH CoPs. Because of the large number of public conditions. Our regulations concerning • The DNV–GL’s survey process to comments we normally receive on the approval of AO are set forth at determine the following: Federal Register documents, we are not § 488.5. The regulations at ++ The composition of the survey able to acknowledge or respond to them § 488.5(e)(2)(i) require an AO to reapply team, surveyor qualifications, and the individually. We will consider all for continued approval of its ability of the organization to provide comments we receive by the date and accreditation program every 6 years or continuing surveyor training. time specified in the DATES section of as determined by CMS. ++ The comparability of the DNV– this preamble, and, when we proceed The DNV–GL Healthcare USA, Inc. GL’s processes to those of state agencies, with a subsequent document, we will (DNV–GL) current term of approval for including survey frequency, and the respond to the comments in the their hospital accreditation program ability to investigate and respond preamble to that document. expires December 23, 2020. appropriately to complaints against The Administrator of the Centers for accredited facilities. Medicare & Medicaid Services (CMS), II. Approval of Accreditation Seema Verma, having reviewed and Organizations ++ DNV–GL’s processes and procedures for monitoring a CAH found approved this document, authorizes Section 1865(a)(2) of the Act and our out of compliance with DNV–GL’s Evell J. Barco Holland, who is the regulations at § 488.5 require that our program requirements. These Federal Register Liaison, to findings concerning review and monitoring procedures are used only electronically sign this document for approval of a national AO’s when the DNV–GL identifies purposes of publication in the Federal requirements consider, among other noncompliance. If noncompliance is Register. factors, the applying AO’s requirements identified through validation reviews or Dated: May 7, 2020. for accreditation; survey procedures; complaint surveys, the state survey Evell J. Barco Holland, resources for conducting required agency monitors corrections as specified Federal Register Liaison, Department of surveys; capacity to furnish information at § 488.9. Health and Human Services. for use in enforcement activities; ++ DNV–GL’s capacity to report [FR Doc. 2020–10632 Filed 5–15–20; 8:45 am] monitoring procedures for provider deficiencies to the surveyed facilities BILLING CODE 4120–01–P entities found not in compliance with and respond to the facility’s plan of the conditions or requirements; and correction in a timely manner. ability to provide CMS with the ++ DNV–GL’s capacity to provide DEPARTMENT OF HEALTH AND necessary data for validation. CMS with electronic data and reports HUMAN SERVICES Section 1865(a)(3)(A) of the Act necessary for effective validation and further requires that we publish, within assessment of the organization’s survey Health Resources and Services 60 days of receipt of an organization’s process. Administration complete application, a notice ++ The adequacy of the DNV–GL’s National Vaccine Injury Compensation identifying the national accrediting staff and other resources, and its Program; List of Petitions Received body making the request, describing the financial viability. nature of the request, and providing at ++ DNV–GL’s capacity to adequately AGENCY: Health Resources and Services least a 30-day public comment period. fund required surveys. Administration (HRSA), Department of We have 210 days from the receipt of a ++ DNV–GL’s policies with respect to Health and Human Services (HHS). complete application to publish notice whether surveys are announced or ACTION: Notice. of approval or denial of the application. unannounced, to assure that surveys are The purpose of this proposed notice unannounced. SUMMARY: HRSA is publishing this is to inform the public of DNV–GL’s ++ DNV–GL’s policies and procedures notice of petitions received under the request for continued approval of its to avoid conflicts of interest, including National Vaccine Injury Compensation CAH accreditation program. This notice the appearance of conflicts of interest, Program (the Program), as required by also solicits public comment on whether involving individuals who conduct the Public Health Service (PHS) Act, as the DNV–GL’s requirements meet or surveys or participate in accreditation amended. While the Secretary of HHS is exceed the Medicare conditions of decisions. named as the respondent in all participation (CoPs) for CAHs. ++ DNV–GL’s agreement to provide proceedings brought by the filing of CMS with a copy of the most current petitions for compensation under the III. Evaluation of Deeming Authority accreditation survey together with any Program, the United States Court of Request other information related to the survey Federal Claims is charged by statute DNV–GL submitted all the necessary as we may require (including corrective with responsibility for considering and materials to enable us to make a action plans). acting upon the petitions. determination concerning its request for FOR FURTHER INFORMATION CONTACT: For continued approval of its CAH IV. Collection of Information information about requirements for accreditation program. This application Requirements filing petitions, and the Program in was determined to be complete on This document does not impose general, contact Lisa L. Reyes, Clerk of March 17, 2020. Under 1865(a)(2) of the information collection requirements, Court, United States Court of Federal Act and our regulations at § 488.5 that is, reporting, recordkeeping or third Claims, 717 Madison Place NW, (Application and re-application party disclosure requirements. Washington, DC 20005, (202) 357–6400. procedures for national AO), our review Consequently, there is no need for For information on HRSA’s role in the and evaluation of the DNV–GL will be review by the Office of Management and Program, contact the Director, National conducted in accordance with, but not Budget under the authority of the Vaccine Injury Compensation Program,

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5600 Fishers Lane, Room 08N146B, evidence that the illness, disability, 7. David Butts, Lyons Falls, New York, Rockville, Maryland 20857; (301) 443– injury, condition, or death described in Court of Federal Claims No: 20– 6593, or visit our website at: http:// the petition is due to factors unrelated 0377V www.hrsa.gov/vaccinecompensation/ to the administration of the vaccine 8. Wade Green, Boulder, Colorado, index.html. described in the petition,’’ and Court of Federal Claims No: 20– SUPPLEMENTARY INFORMATION: The 2. Any allegation in a petition that the 0378V Program provides a system of no-fault petitioner either: 9. Sheila Key, Edgewater, Colorado, compensation for certain individuals a. ‘‘[S]ustained, or had significantly Court of Federal Claims No: 20– who have been injured by specified aggravated, any illness, disability, 0379V 10. Frady Fekete, Brooklyn, New York, childhood vaccines. Subtitle 2 of Title injury, or condition not set forth in the Court of Federal Claims No: 20– XXI of the PHS Act, 42 U.S.C. 300aa– Vaccine Injury Table but which was 0380V 10 et seq., provides that those seeking caused by’’ one of the vaccines referred 11. Sharon Campbell, Stoneham, compensation are to file a petition with to in the Table, or b. ‘‘[S]ustained, or had significantly Massachusetts, Court of Federal the United States Court of Federal aggravated, any illness, disability, Claims No: 20–0381V Claims and to serve a copy of the injury, or condition set forth in the 12. Jana Logan, Greensburg, petition to the Secretary of HHS, who is Vaccine Injury Table the first symptom Pennsylvania, Court of Federal named as the respondent in each or manifestation of the onset or Claims No: 20–0382V proceeding. The Secretary has delegated significant aggravation of which did not 13. Shannah Game, Bessemer, Alabama, this responsibility under the Program to occur within the time period set forth in Court of Federal Claims No: 20– HRSA. The Court is directed by statute the Table but which was caused by a 0383V to appoint special masters who take vaccine’’ referred to in the Table. 14. Kristin Kabanuk, Seaside, Oregon, evidence, conduct hearings as In accordance with Section Court of Federal Claims No: 20– appropriate, and make initial decisions 2112(b)(2), all interested persons may 0385V as to eligibility for, and amount of, submit written information relevant to 15. Jennifer Cashion, High Point, North compensation. Carolina, Court of Federal Claims A petition may be filed with respect the issues described above in the case of the petitions listed below. Any person No: 20–0387V to injuries, disabilities, illnesses, 16. Roxane Wise, Union, New Jersey, conditions, and deaths resulting from choosing to do so should file an original and three (3) copies of the information Court of Federal Claims No: 20– vaccines described in the Vaccine Injury 0389V Table (the Table) set forth at 42 CFR with the Clerk of the United States Court of Federal Claims at the address 17. Mandy Remillard, Berlin, New 100.3. This Table lists for each covered Hampshire, Court of Federal Claims childhood vaccine the conditions that listed above (under the heading ‘‘For Further Information Contact’’), with a No: 20–0390V may lead to compensation and, for each 18. Caitlin O’Donoghue, Crystal Lake, condition, the time period for copy to HRSA addressed to Director, Division of Injury Compensation Illinois, Court of Federal Claims No: occurrence of the first symptom or 20–0391V manifestation of onset or of significant Programs, Healthcare Systems Bureau, 5600 Fishers Lane, 08N146B, Rockville, 19. Michael Auen, Southborough, aggravation after vaccine Massachusetts, Court of Federal administration. Compensation may also Maryland 20857. The Court’s caption (Petitioner’s Name v. Secretary of HHS) Claims No: 20–0392V be awarded for conditions not listed in 20. Alexandra Marcucci, Placerville, the Table and for conditions that are and the docket number assigned to the petition should be used as the caption California, Court of Federal Claims manifested outside the time periods No: 20–0393V specified in the Table, but only if the for the written submission. Chapter 35 of title 44, United States Code, related 21. Anastacia Salcedo, Cambridge, petitioner shows that the condition was Massachusetts, Court of Federal caused by one of the listed vaccines. to paperwork reduction, does not apply to information required for purposes of Claims No: 20–0394V Section 2112(b)(2) of the PHS Act, 42 22. Ivelearis Teresa Colon Mercado, carrying out the Program. U.S.C. 300aa–12(b)(2), requires that Carolina, Puerto Rico, Court of ‘‘[w]ithin 30 days after the Secretary Thomas J. Engels, Federal Claims No: 20–0395V receives service of any petition filed Administrator. 23. Tamera Cursio, Uniontown, Ohio, under section 2111 the Secretary shall Court of Federal Claims No: 20– publish notice of such petition in the List of Petitions Filed 0397V Federal Register.’’ Set forth below is a 1. Fredrick Messer, Okmulgee, 24. Michael Washburn, Louisville, list of petitions received by HRSA on Oklahoma, Court of Federal Claims Kentucky, Court of Federal Claims April 1, 2020, through April 30, 2020. No: 20–0369V No: 20–0398V This list provides the name of 2. Anne Marie Beachel, Newark, New 25. Lillian Robinson, Philadelphia, petitioner, city and state of vaccination York, Court of Federal Claims No: Pennsylvania, Court of Federal (if unknown then city and state of 20–0370V Claims No: 20–0400V person or attorney filing claim), and 3. Annette Hoops, Miamisburg, Ohio, 26. Mindy Botts, New Orleans, case number. In cases where the Court Court of Federal Claims No: 20– Louisiana, Court of Federal Claims has redacted the name of a petitioner 0371V No: 20–0402V and/or the case number, the list reflects 4. Charles Motsett, Jacksonville, Florida, 27. Kelsie Reynolds, Abilene, Texas, such redaction. Court of Federal Claims No: 20– Court of Federal Claims No: 20– Section 2112(b)(2) also provides that 0374V 0403V the special master ‘‘shall afford all 5. Thomisa Brown on behalf of B. F., 28. Shirley Underwood, Jonesboro, interested persons an opportunity to Columbia, South Carolin, Court of Arkansas, Court of Federal Claims submit relevant, written information’’ Federal Claims No: 20–0375V No: 20–0404V relating to the following: 6. Kenneth Clark, Lakeland, Florida, 29. Neva Bernier, Hagerstown, 1. The existence of evidence ‘‘that Court of Federal Claims No: 20– Maryland, Court of Federal Claims there is not a preponderance of the 0376V No: 20–0405V

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30. Eric Felland, Sartell, Minnesota, 52. Maryam Ebrahimi, Denver, 75. Amy Lange, Washington, District of Court of Federal Claims No: 20– Colorado, Court of Federal Claims Columbia, Court of Federal Claims 0406V No: 20–0436V No: 20–0472V 31. Deborah Ferry, Washington, District 53. Brenda G. Fritz, Atlanta, Georgia, 76. John Bradberry, Washington, District of Columbia, Court of Federal Court of Federal Claims No: 20– of Columbia Claims No: 20–0407V 0439V Court of Federal Claims No: 20–0473V 32. William Newman, St. Louis, 54. Sheridan Anderson, Rancho Santa 77. Adrianne Hick, Washington, District Missouri, Court of Federal Claims Margarita, California, Court of of Columbia, Court of Federal No: 20–0408V Federal Claims No: 20–0440V Claims No: 20–0474V 33. Mary Fiolek, White Lake, Michigan, 55. Lawrence Hood, Dickson, 78. Lorinne Taylor, Washington, District Court of Federal Claims No: 20– Tennessee, Court of Federal Claims of Columbia, Court of Federal 0409V No: 20–0441V Claims No: 20–0475V 34. Larry J. Parker, Scottsdale, Arizona, 56. Ellen Whitaker, Plainwell, Michigan, 79. David Frank, Richmond, Virginia, Court of Federal Claims No: 20– Court of Federal Claims No: 20– Court of Federal Claims No: 20– 0411V 0442V 0476V 57. Brenda Helmandollar on behalf of 35. Christopher Gravens, New York, 80. Margaret Legum, Fairfax, Virginia, The Estate of John Helmandollar, New York, Court of Federal Claims Court of Federal Claims No: 20– Deceased, El Dorado, Kansas, Court No: 20–0416V 0477V of Federal Claims No: 20–0443V 36. Denise Summer, Columbia, 81. Scarlett Young on behalf of The 58. Mary Beth Neiman, Cherry Hill, Estate of Jimmie Vance, Paris, Maryland, Court of Federal Claims New Jersey, Court of Federal Claims No: 20–0418V Kentucky, Court of Federal Claims No: 20–0445V No: 20–0478V 37. Gilda Jimenez, San Antonio, Texas, 59. Christina Wells, Faribault, Court of Federal Claims No: 20– 82. Wayne Santoro, Washington, District Minnesota, Court of Federal Claims of Columbia, Court of Federal 0419V No: 20–0446V 38. Michael Poole, Philadelphia, Claims No: 20–0479V 60. Catharine Berglund, Caldwell, 83. Timothy John Rawlings, Topeka, Pennsylvania, Court of Federal Idaho, Court of Federal Claims No: Kansas, Court of Federal Claims No: Claims No: 20–0420V 20–0447V 20–0480V 39. Ronnie Lacey, Massapequa, New 61. Lesli Autumn Akers, Milan, 84. Michelle Lehmann, Washington, York, Court of Federal Claims No: Tennessee, Court of Federal Claims District of Columbia, Court of 20–0422V No: 20–0448V Federal Claims No: 20–0481V 40. Dawn Mack, Jonesboro, Georgia, 62. Sandra Gillingham, Great Falls, 85. Chris McMullen, Lancaster, Court of Federal Claims No: 20– Montana, Court of Federal Claims California, Court of Federal Claims 0423V No: 20–0450V No: 20–0482V 41. Maria Lynn Myers on behalf of The 63. Diane Hildebrandt, Virginia Beach, 86. Virginia Flanagan, Olathe, Kansas, Estate of Vincent Louis Matassa, Virginia, Court of Federal Claims Court of Federal Claims No: 20– Deceased, Millville, Delaware, No: 20–0452V 0484V 64. Denissa Harte, Mobile, Alabama, Court of Federal Claims No: 20– 87. Kimberlee Winkle, Fountain Valley, Court of Federal Claims No: 20– 0424V California, Court of Federal Claims 42. Madeline Meehan, Wollaston, 0453V 65. Jori Baldwin, Atlanta, Georgia, Court No: 20–0485V Massachusetts, Court of Federal 88. Tammy Brannan, Golden, Colorado, Claims No: 20–0425V of Federal Claims No: 20–0457V 66. Debra Crawford, Ocala, Florida, Court of Federal Claims No: 20– 43. Eugene Anthony Brown, Boston, 0486V Massachusetts, Court of Federal Court of Federal Claims No: 20– 0460V 89. Jennifer Wilson, Charleston, South Claims No: 20–0426V Carolina, Court of Federal Claims 44. John W. Paola, East Providence, 67. Kelly Mox, Washington, District of Columbia, Court of Federal Claims No: 20–0487V Rhode Island, Court of Federal 90. Ruth Vizcarra, Chandler, Arizona, Claims No: 20–0427V No: 20–0462V 68. Robert Payne on behalf of The Estate Court of Federal Claims No: 20– 45. Timothy Brophy, Wayne, New of Wanda Payne, Deceased, Fort 0488V Jersey, Court of Federal Claims No: Worth, Texas, Court of Federal 91. Steven Corwin, Lihue, Hawaii, Court 20–0428V Claims No: 20–0463V of Federal Claims No: 20–0491V 46. Jacalyn Broze, Plymouth, Minnesota, 69. Darrel W. Walters, Florence, South 92. Glenn Smith, Jr., New Orleans, Court of Federal Claims No: 20– Carolina, Court of Federal Claims Louisiana, Court of Federal Claims 0430V No: 20–0464V No: 20–0492V 47. Lisa Mathis, Holland, Michigan, 70. Shoshana Robuck, New York, New 93. Junetta Justice, Marshville, North Court of Federal Claims No: 20– York, Court of Federal Claims No: Carolina, Court of Federal Claims 0431V 20–0465V No: 20–0493V 48. David Alexander, Reston, Virginia, 71. Sally Johnson, Washington, District 94. Vincent Begay, Kayenta, Arizona, Court of Federal Claims No: 20– of Columbia, Court of Federal Court of Federal Claims No: 20– 0432V Claims No: 20–0466V 0494V 49. Heather Jarusewski on behalf of L. 72. Nancy Otero, Washington, District of 95. Kaitlin Babyak, Fort Washington, S. J., Carlisle, Pennsylvania, Court Columbia, Court of Federal Claims Pennsylvania, Court of Federal of Federal Claims No: 20–0433V No: 20–0467V Claims No: 20–0495V 50. Tammy Berry, Searcy, Arkansas, 73. Jaime Zoerman, Washington, District 96. Holly Tigges, Cedar Rapids, Iowa, Court of Federal Claims No: 20– of Columbia, Court of Federal Court of Federal Claims No: 20– 0434V Claims No: 20–0468V 0496V 51. Allison Trop, Wellesley Hills, 74. Robyn Zalecky, Washington, District 97. Ruby Williams, Houston, Texas, Massachusetts, Court of Federal of Columbia, Court of Federal Court of Federal Claims No: 20– Claims No: 20–0435V Claims No: 20–0471V 0498V

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98. Pamela Bell, Jacksonville, Florida, 120. Kathleen Puhi and Kawelolani regarding this burden estimate or any Court of Federal Claims No: 20– Puhi on behalf of K. P., Sarasota, other aspect of this collection of 0501V Florida,Court of Federal Claims No: information, including any of the 99. Dean Piermattei, Harrisburg, 20–0533V following subjects: (1) The necessity and Pennsylvania, Court of Federal 121. Kathryn Lungaro, Memphis, utility of the proposed information Claims No: 20–0502V Tennessee,Court of Federal Claims collection for the proper performance of 100. Mayra Del Bosque on behalf of M. No: 20–0534V the agency’s functions; (2) the accuracy R., Laredo, Texas, Court of Federal 122. Daisy Parrish Seattle, Washington, of the estimated burden; (3) ways to Claims No: 20–0503V Court of Federal Claims No: 20– enhance the quality, utility, and clarity 101. Sarah L. Malone, Mesa, Arizona, 0535V of the information to be collected; and Court of Federal Claims No: 20– 123. Edward Diaz,Dresher, (4) the use of automated collection 0506V Pennsylvania,Court of Federal techniques or other forms of information 102. Lisa A. Barno, Jefferson Hills, Claims No: 20–0536V technology to minimize the information Pennsylvania, Court of Federal 124. Ronald Tanski,Beverly Hills, collection burden. Claims No: 20–0507V California,Court of Federal Claims 103. Jerry Taylor, Atlanta, Georgia, No: 20–0537V Title of the Collection: Acquisition Court of Federal Claims No: 20– 125. David Dubriske,Beverly Hills, Regulation Clause Patent Rights and 0508V California,Court of Federal Claims Rights and Data. 104. Erin Callahan, Kensington, No: 20–0538V Type of Collection: Extension. Maryland, Court of Federal Claims 126. Sharon Spiegelglas,Beverly Hills, OMB No.: 0990–0419. No: 20–0510V California, Court of Federal Claims 105. Jennifer Drees, Des Moines, Iowa, No: 20–0539V Abstract: The Department of Health Court of Federal Claims No: 20– [FR Doc. 2020–10634 Filed 5–15–20; 8:45 am] and Human Services; Office of the 0511V Assistant Secretary for Financial BILLING CODE 4165–15–P 106. Carol Wagner, Cleveland, Ohio, Resources and Office of Grants and Court of Federal Claims No: 20– Acquisition Policy and Accountability, 0512V DEPARTMENT OF HEALTH AND Division of Acquisition is requesting an 107. Nadine Botelho, Sonora, California, HUMAN SERVICES approval by OMB for an extension of a Court of Federal Claims No: 20– previously approved information 0513V [Document Identifier: OS–0990–0419] collection request, Acquisition 108. Shawna Troxell, Rio Rancho, New Regulation Clause Patent rights and Mexico, Court of Federal Claims Agency Information Collection Rights in Data. HHS found that No: 20–0515V Request. 30-Day Public Comment 109. Brian Williams, Atlanta, Georgia, Request systematically, over a period of several Court of Federal Claims No: 20– years, when Determination of AGENCY: Office of the Secretary, HHS. 0516V Exceptional Circumstances (DEC) were 110. Jeanette Williams, Athens, Georgia, ACTION: Notice. executed, additional legal protection for Court of Federal Claims No: 20– the patent and data rights of third SUMMARY: In compliance with the 0519V parties beyond those covered by FAR 111. April Colon on behalf of C. L., requirement of the Paperwork 27.306 were necessary A DEC is Middletown, New York, Court of Reduction Act of 1995, the Office of the executed consistent with the policy and Federal Claims No: 20–0521V Secretary (OS), Department of Health objectives of the Bayh-Dole Act, 35 112. Ana Quartarone on behalf of O. Q., and Human Services, is publishing the U.S.C. 200, et seq., to ensure that subject Wellesley Hills, Massachusetts, following summary of a proposed inventions made under contracts and Court of Federal Claims No: 20– collection for public comment. subcontracts (at all tiers) are used in a 0522V DATES: Comments on the ICR must be manner to promote free competition and 113. Edgar Jones, Canton, Mississippi, received on or before June 17, 2020. enterprise without unduly encumbering Court of Federal Claims No: 20– ADDRESSES: Written comments and future research and discovery; to 0523V recommendations for the proposed encourage maximum participation of 114. Roberto A. Tejeda, San Antonio, information collection should be sent small business firms in federally Texas, Court of Federal Claims No: within 30 days of publication of this supported research and development 20–0525V notice to www.reginfo.gov/public/do/ efforts; to promote collaboration 115. Erwin Evans, Mount Morris, PRAMain. Find this particular between commercial concerns and Michigan, Court of Federal Claims information collection by selecting nonprofit organizations including No: 20–0527V ‘‘Currently under 30-day Review—Open universities; to ensure that the 116. Thomas Laha, Seattle, Washington, for Public Comments’’ or by using the Government obtains sufficient rights in Court of Federal Claims No: 20– search function. federally supported inventions to meet 0528V FOR FURTHER INFORMATION CONTACT: its needs; to protect the public against 117. Michael Blackmon, Bronx, New Sherrette Funn, [email protected] nonuse or unreasonable use of York, Court of Federal Claims No: or (202) 795–7714. When submitting inventions; and in the case of fulfilling 20–0530V 118. Bonnie Miller, Glenview, Illinois, comments or requesting information, the mission of the U.S. Department of Court of Federal Claims No: 20– please include the document identifier Health and Human Services, to 0531V 0990–0419–30D and project title for ultimately to benefit the public health. 119. Pamela Gallus, Mt. Holly, New reference. Likely Respondents: Administrative, Jersey, Court of Federal Claims No: SUPPLEMENTARY INFORMATION: Interested technical, legal and management 20–0532V persons are invited to send comments personnel.

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ANNUALIZED BURDEN HOUR TABLE

Average Number of Number of burden per Total burden Type of respondent and hours for each respondents responses per response hours respondent (hours)

Technical (4), Legal (2), Management (2) ...... 63 1 8 504 Technical (8), Legal (2), Management (2) ...... 63 1 12 756 Technical (8), Legal (3), Management (1) ...... 63 3 12 2,268 Technical (8), Legal (4), Management (2) ...... 63 3 14 2,646 Technical (6), Legal (2), Management (2) ...... 63 1 10 630 Technical (4), Legal (2), Management (2) ...... 63 1 8 504 Administrative (8) ...... 63 3 8 1,512 Administrative (2), Management (1) ...... 63 3 3 567 Technical (4), Legal (2), Management (2) ...... 63 3 8 1,512

Total ...... 10,899

Dated: May 12, 2020. (Catalogue of Federal Domestic Assistance Bethesda, MD 20892–7924, (301) 827–7949, Sherrette A. Funn, Program Nos. 93.213, Research and Training [email protected]. Paperwork Reduction Act Reports Clearance in Complementary and Alternative Medicine, (Catalogue of Federal Domestic Assistance Officer, Office of the Secretary. National Institutes of Health, HHS) Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and [FR Doc. 2020–10526 Filed 5–15–20; 8:45 am] Dated: May 12, 2020. Vascular Diseases Research; 93.838, Lung BILLING CODE 4150–04–P Ronald J. Livingston, Jr., Diseases Research; 93.839, Blood Diseases Program Analyst, Office of Federal Advisory and Resources Research, National Institutes Committee Policy. of Health, HHS) DEPARTMENT OF HEALTH AND [FR Doc. 2020–10494 Filed 5–15–20; 8:45 am] HUMAN SERVICES Dated: May 12, 2020. BILLING CODE 4140–01–P Ronald J. Livingston, Jr., National Institutes of Health Program Analyst, Office of Federal Advisory Committee Policy. National Center for Complementary & DEPARTMENT OF HEALTH AND HUMAN SERVICES [FR Doc. 2020–10497 Filed 5–15–20; 8:45 am] Integrative Health; Notice of Closed BILLING CODE 4140–01–P Meeting National Institutes of Health Pursuant to section 10(d) of the National Heart, Lung, and Blood DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as Institute; Notice of Closed Meeting HUMAN SERVICES amended, notice is hereby given of the following meeting. Pursuant to section 10(d) of the National Institutes of Health The meeting will be closed to the Federal Advisory Committee Act, as public in accordance with the National Cancer Institute; Notice of amended, notice is hereby given of the provisions set forth in sections Closed Meetings following meeting. The meeting will be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., closed to the public in accordance with as amended. The grant applications and Pursuant to section 10(d) of the the provisions set forth in sections the discussions could disclose Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., confidential trade secrets or commercial amended, notice is hereby given of the as amended. The grant applications and property such as patentable material, following meetings. the discussions could disclose and personal information concerning confidential trade secrets or commercial The meetings will be closed to the individuals associated with the grant property such as patentable material, public in accordance with the applications, the disclosure of which and personal information concerning provisions set forth in sections would constitute a clearly unwarranted individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. applications, the disclosure of which as amended. The grant applications and Name of Committee: National Center for would constitute a clearly unwarranted the discussions could disclose Complementary and Integrative Health invasion of personal privacy. confidential trade secrets or commercial Special Emphasis Panel; Exploratory Clinical property such as patentable material, Trials of Mind and Body Interventions (MB). Name of Committee: Heart, Lung, and and personal information concerning Date: June 16–17, 2020. Blood Initial Review Group; NHLBI individuals associated with the grant Time: 11:00 a.m. to 5:00 p.m. Mentored Clinical and Basic Science Review applications, the disclosure of which Committee. Agenda: To review and evaluate grant would constitute a clearly unwarranted applications. Date: June 25–26, 2020. Place: National Institutes of Health, Two Time: 11:00 a.m. to 7:00 p.m. invasion of personal privacy. Democracy Plaza, 6707 Democracy Agenda: To review and evaluate grant Name of Committee: National Cancer Boulevard, Bethesda, MD 20892 (Virtual applications. Institute Special Emphasis Panel; NCI Meeting). Place: National Institutes of Health, 6705 Program Project III (P01). Contact Person: Pamela Jeter, Ph.D., Rockledge Drive, Bethesda, MD 20892 Date: June 18–19, 2020. Scientific Review Officer, Office of Scientific (Telephone Conference Call). Time: 8:00 a.m. to 12:00 p.m. Review, Division of Extramural Activities, Contact Person: Keith A. Mintzer, Ph.D., Agenda: To review and evaluate grant NCCIH, NIH, 6707 Democracy Boulevard, Scientific Review Officer, Office of Scientific applications. Suite 401, Bethesda, MD 20892–547, 301– Review/DERA, National Heart, Lung, and Place: National Cancer Institute Shady 435–2591, [email protected]. Blood Institute, 6705 Rockledge Drive, Grove 9609 Medical Center Drive, Room

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7W240 Rockville, MD 20850 (Telephone Dated: May 12, 2020. Any interested person may file written Conference Call). Melanie J. Pantoja, comments with the committee by forwarding the statement to the Contact Person listed on Contact Person: Hasan Siddiqui, Ph.D., Program Analyst, Office of Federal Advisory this notice. The statement should include the Scientific Review Officer, Special Review Committee Policy. Branch, Division of Extramural Activities, name, address, telephone number and when National Cancer Institute, NIH, 9609 Medical [FR Doc. 2020–10495 Filed 5–15–20; 8:45 am] applicable, the business or professional Center Drive, Room 7W240, Rockville, MD BILLING CODE 4140–01–P affiliation of the interested person. 20850 240–276–5122, hasan.siddiqui@ Information is also available on the nih.gov. Institute’s/Center’s home page: www.nhlbi.nih.gov/meetings/nhlbac/ Name of Committee: National Cancer DEPARTMENT OF HEALTH AND HUMAN SERVICES index.htm, where an agenda and any Institute Special Emphasis Panel; UH2/3 additional information for the meeting will Assay Validation of High-Quality Markers for be posted when available. Clinical Studies in Cancer. National Institutes of Health (Catalogue of Federal Domestic Assistance Date: June 24, 2020. Program Nos. 93.233, National Center for Time: 11:00 a.m. to 3:00 p.m. National Heart, Lung, and Blood Institute; Notice of Meeting Sleep Disorders Research; 93.837, Heart and Agenda: To review and evaluate grant Vascular Diseases Research; 93.838, Lung applications. Diseases Research; 93.839, Blood Diseases Place: National Cancer Institute Shady Pursuant to section 10(d) of the Federal Advisory Committee Act, as and Resources Research, National Institutes Grove, 9609 Medical Center Drive, Room of Health, HHS) 7W244, Rockville, MD 20850 (Telephone amended, notice is hereby given of a Conference Call). meeting of the National Heart, Lung, Dated: May 12, 2020. Contact Person: John Paul Cairns, Ph.D., and Blood Advisory Council. Ronald J. Livingston, Jr., Scientific Review Officer, Research Programs The meeting will be open to the Program Analyst, Office of Federal Advisory Review Branch, Division of Extramural public as indicated below, with Committee Policy. Activities, 9609 Medical Center Drive, Room attendance limited to space available. [FR Doc. 2020–10499 Filed 5–15–20; 8:45 am] 7W244, National Cancer Institute, NIH, BILLING CODE 4140–01–P Bethesda, MD 20892, 240–276–5415, Individuals who plan to attend and [email protected]. need special assistance, such as sign Name of Committee: National Cancer language interpretation or other reasonable accommodations, should DEPARTMENT OF HEALTH AND Institute Special Emphasis Panel; SEP–8: NCI HUMAN SERVICES Clinical and Translational R21 and Omnibus notify the Contact Person listed below R03 Review. in advance of the meeting. National Institutes of Health Date: July 1–2, 2020. The meeting will be closed to the Time: 10:00 a.m. to 5:00 p.m. public in accordance with the National Institute of Mental Health; Agenda: To review and evaluate grant provisions set forth in sections Notice of Closed Meetings applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Place: National Cancer Institute Shady as amended. The grant applications and Pursuant to section 10(d) of the Grove, 9609 Medical Center Drive, Room the discussions could disclose Federal Advisory Committee Act, as 7W242, Rockville, MD 20850 (Telephone amended, notice is hereby given of the Conference Call). confidential trade secrets or commercial property such as patentable material, following meetings. Contact Person: Zhiqiang Zou, M.D., Ph.D., The meetings will be closed to the Scientific Review Officer, Special Review and personal information concerning public in accordance with the Branch, Division of Extramural Activities, individuals associated with the grant National Cancer Institute, NIH, 9609 Medical applications, the disclosure of which provisions set forth in sections Center Drive, 7W242, Bethesda, MD 20892 would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 240–276–6372, [email protected]. invasion of personal privacy. as amended. The grant applications and Name of Committee: National Cancer the discussions could disclose Name of Committee: National Heart, Lung, Institute Special Emphasis Panel; HIV/AIDS confidential trade secrets or commercial and Blood Advisory Council. and the Tumor Niche. property such as patentable material, Date: June 9, 2020. Date: July 9, 2020. and personal information concerning Closed: 10:00 a.m. to 12:00 p.m. Time: 10:00 a.m. to 5:30 p.m. Agenda: To Review and Evaluate Grant individuals associated with the grant Agenda: To review and evaluate grant Applications. applications, the disclosure of which applications. Place: National Institutes of Health, 6705 would constitute a clearly unwarranted Place: National Cancer Institute Shady Rockledge Drive Bethesda, MD 20892 invasion of personal privacy. Grove, 9609 Medical Center Drive, Room (Virtual Meeting). Name of Committee: National Institute of 7W618, Rockville, MD 20850 (Telephone Open: 12:30 p.m. to 4:00 p.m. Conference Call). Mental Health Special Emphasis Panel; Agenda: To Discuss Program Policies and BRAIN Initiative: Non-Invasive Contact Person: Mukesh Kumar, Ph.D., Issues. Scientific Review Officer, Research Program Neuromodulation—New Tools and Place: National Institutes of Health, 6705 Techniques (R01). Review Branch, Division of Extramural Rockledge Drive Bethesda, MD 20892 Activities, 9609 Medical Center Drive, Room Date: June 9, 2020. (Virtual Meeting). Time: 12:00 p.m. to 5:00 p.m. 7W618, National Cancer Institute, NIH, Virtual Access: https://www.nhlbi.nih.gov/ Rockville, MD 20850 240–276–6611, Agenda: To review and evaluate grant about/advisory-and-peer-review-committees/ applications. [email protected]. advisory-council. Please note, the link to the Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance videocast meeting will be posted within a Neuroscience Center, 6001 Executive Blvd., Program Nos. 93.392, Cancer Construction; week of the meeting date. Any member of the Rockville, MD 20852 (Telephone Conference 93.393, Cancer Cause and Prevention public may submit written comments no later Call). Research; 93.394, Cancer Detection and than 15 days after the meeting. Contact Person: Rebecca Steiner Garcia, Diagnosis Research; 93.395, Cancer Contact Person: Laura K. Moen, Ph.D., Ph.D., Scientific Review Officer, Division of Treatment Research; 93.396, Cancer Biology Director, Division of Extramural Research Extramural Activities, National Institute of Research; 93.397, Cancer Centers Support; Activities, National Heart, Lung, and Blood Mental Health, NIH, Neuroscience Center, 93.398, Cancer Research Manpower; 93.399, Institute, National Institutes of Health, 6701 6001 Executive Blvd., Room 6149, MSC 9608, Cancer Control, National Institutes of Health, Rockledge Drive, Room 7100, Bethesda, MD Bethesda, MD 20892–9608, 301–443–4525, HHS) 20892, 301–827–5517, [email protected]. [email protected].

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Name of Committee: National Institute of DEPARTMENT OF HEALTH AND following meeting. The meeting will be Mental Health Special Emphasis Panel; HUMAN SERVICES closed to the public in accordance with NIMH Low-Resource Settings to Achieve the provisions set forth in sections Mental Health Equity. National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Date: June 9, 2020. as amended. The grant applications and Time: 12:30 p.m. to 4:00 p.m. National Institute of Mental Health; the discussions could disclose Agenda: To review and evaluate grant Notice of Closed Meeting confidential trade secrets or commercial applications. Pursuant to section 10(d) of the property such as patentable material, Place: National Institutes of Health, Federal Advisory Committee Act, as and personal information concerning Neuroscience Center, 6001 Executive Blvd., amended, notice is hereby given of the individuals associated with the grant Rockville, MD 20852 (Telephone Conference following meeting. applications, the disclosure of which Call). The meeting will be closed to the would constitute a clearly unwarranted Contact Person: Karen Gavin-Evans, Ph.D., public in accordance with the invasion of personal privacy. Scientific Review Officer, Division of provisions set forth in sections Extramural Activities, National Institute of Name of Committee: Heart, Lung, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Blood Initial Review Group; Clinical Trials Mental Health, NIH, Neuroscience Center, as amended. The grant applications and Review Committee. 6001 Executive Boulevard, Room 6153, MSC the discussions could disclose Date: June 25–26, 2020. 9606, Bethesda, MD 20892, 301–451–2356, Time: 8:00 a.m. to 5:00 p.m. [email protected]. confidential trade secrets or commercial property such as patentable material, Agenda: To review and evaluate grant Name of Committee: National Institute of and personal information concerning applications. Place: NIH, Rockledge Centre I, 6705 Mental Health Special Emphasis Panel; individuals associated with the grant Addressing Suicide Research Gaps Review Rockledge Drive, Bethesda, MD 20892 applications, the disclosure of which (Telephone Conference Call). Meeting. would constitute a clearly unwarranted Date: June 11, 2020. Contact Person: Keary A. Cope, Ph.D., invasion of personal privacy. Scientific Review Officer, Office of Scientific Time: 9:00 a.m. to 5:00 p.m. Review/DERA, National Heart, Lung, and Agenda: To review and evaluate grant Name of Committee: National Institute of Mental Health Initial Review Group; Mental Blood Institute, 6705 Rockledge Drive, Room applications. 209–A, Bethesda, MD 20892–7924, (301) Place: National Institutes of Health, Health Services Research Committee. Date: June 4–5, 2020. 827–7912, [email protected]. Neuroscience Center, 6001 Executive Blvd., Time: June 4, 2020, 1:00 p.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Rockville, MD 20852 (Telephone Conference Agenda: To review and evaluate grant Program Nos. 93.233, National Center for Call). applications. Sleep Disorders Research; 93.837, Heart and Contact Person: Marcy Ellen Burstein, Place: National Institutes of Health, Vascular Diseases Research; 93.838, Lung Ph.D., Scientific Review Officer, Division of Neuroscience Center, 6001 Executive Diseases Research; 93.839, Blood Diseases Extramural Activities, National Institute of Boulevard, Rockville, MD 20852 (Telephone and Resources Research, National Institutes Mental Health, NIH, Neuroscience Center, Conference Call). of Health, HHS) Time: June 5, 2020, 10:00 a.m. to 3:00 p.m. 6001 Executive Blvd., Room 6143, MSC 9606, Dated: May 12, 2020. Agenda: To review and evaluate grant Bethesda, MD 20892–9606, 301–443–9699, Ronald J. Livingston, Jr., [email protected]. applications. Place: National Institutes of Health, Program Analyst, Office of Federal Advisory Name of Committee: National Institute of Neuroscience Center, 6001 Executive Committee Policy. Mental Health Special Emphasis Panel; Boulevard, Rockville, MD 20852 (Telephone [FR Doc. 2020–10496 Filed 5–15–20; 8:45 am] Preventive Interventions in Primary Care Conference Call). BILLING CODE 4140–01–P Settings Review Meeting. Contact Person: Aileen Schulte, Ph.D., Date: June 12, 2020. Scientific Review Officer, Division of Extramural Activities, National Institute of Time: 1:30 p.m. to 5:00 p.m. DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6136, MSC 9606, HUMAN SERVICES applications. Bethesda, MD 20852, 301–443–1225, Place: National Institutes of Health, [email protected]. National Institutes of Health Neuroscience Center, 6001 Executive Blvd., (Catalogue of Federal Domestic Assistance National Institute on Alcohol Abuse Rockville, MD 20852 (Telephone Conference Program No. 93.242, Mental Health Research Call). Grants, National Institutes of Health, HHS) and Alcoholism; Notice of Closed Contact Person: Marcy Ellen Burstein, Meeting Ph.D., Scientific Review Officer, Division of Dated: May 12, 2020. Extramural Activities, National Institute of Melanie J. Pantoja, Pursuant to section 10(d) of the Mental Health, NIH, Neuroscience Center, Program Analyst, Office of Federal Advisory Federal Advisory Committee Act, as 6001 Executive Blvd., Room 6143, MSC 9606, Committee Policy. amended, notice is hereby given of the Bethesda, MD 20892–9606, 301–443–9699, [FR Doc. 2020–10502 Filed 5–15–20; 8:45 am] following meeting. [email protected]. BILLING CODE 4140–01–P The meeting will be closed to the (Catalogue of Federal Domestic Assistance public in accordance with the Program Nos. 93.242, Mental Health Research provisions set forth in sections Grants, National Institutes of Health, HHS) DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., HUMAN SERVICES as amended. The grant applications and Dated: May 12, 2020. the discussions could disclose Melanie J. Pantoja, National Institutes of Health confidential trade secrets or commercial Program Analyst, Office of Federal Advisory property such as patentable material, Committee Policy. National Heart, Lung, and Blood Institute; Notice of Closed Meeting and personal information concerning [FR Doc. 2020–10504 Filed 5–15–20; 8:45 am] individuals associated with the grant BILLING CODE 4140–01–P Pursuant to section 10(d) of the applications, the disclosure of which Federal Advisory Committee Act, as would constitute a clearly unwarranted amended, notice is hereby given of the invasion of personal privacy.

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Name of Committee: National Institute on Rockville, MD 20852 (Telephone Conference DEPARTMENT OF HEALTH AND Alcohol Abuse and Alcoholism Special Call). HUMAN SERVICES Emphasis Panel; RFA–AA20–001 & RFA– Contact Person: Marcy Ellen Burstein, AA20–002 Alcohol Research Centers (P50 & Ph.D., Scientific Review Officer, Division of National Institutes of Health P60). Extramural Activities, National Institute of Date: June 23, 2020. Eunice Kennedy Shriver National Time: 1:00 p.m. to 4:00 p.m. Mental Health, NIH, Neuroscience Center, Agenda: To review and evaluate grant 6001 Executive Blvd., Room 6143, MSC, 9606 Institute of Child Health & Human applications. Bethesda, MD 20892–9606, 301–443–9699, Development; Notice of Closed Place: National Institutes of Health, [email protected]. Meetings National Institute on Alcohol Abuse and This notice is being published less than 15 Alcoholism, 6700B Rockledge Drive, days prior to the meeting due to the timing Pursuant to section 10(d) of the Bethesda, MD 20817 (Virtual Meeting). limitations imposed by the review and Federal Advisory Committee Act, as Contact Person: Ranga Srinivas, Ph.D., funding cycle. amended, notice is hereby given of the Chief, Extramural Project Review Branch, following meetings. Name of Committee: National Institute of National Institute on Alcohol Abuse and The meetings will be closed to the Mental Health Special Emphasis Panel; Alcoholism, National Institutes of Health, public in accordance with the Clinical High Risk for Psychosis (U01, U24). 6700 B Rockledge Drive Room 2114, provisions set forth in sections Bethesda, MD 20892, (301) 451–2067, Date: May 27, 2020. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [email protected]. Time: 12:00 p.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant as amended. The grant applications/or Program Nos. 93.271, Alcohol Research applications. contract proposals and the discussions Career Development Awards for Scientists Place: National Institutes of Health, 6001 could disclose confidential trade secrets and Clinicians; 93.272, Alcohol National Executive Boulevard, Rockville, MD 20852 or commercial property such as Research Service Awards for Research (Telephone Conference Call). patentable material, and personal Training; 93.273, Alcohol Research Programs; Contact Person: Rebecca Steiner Garcia, information concerning individuals 93.891, Alcohol Research Center Grants; associated with the grant applications, 93.701, ARRA Related Biomedical Research Ph.D., Scientific Review Officer, Division of and Research Support Awards, National Extramural Activities, National Institute of the disclosure of which would Institutes of Health, HHS) Mental Health, NIH, Neuroscience Center, constitute a clearly unwarranted invasion of personal privacy. Dated: May 12, 2020. 6001 Executive Blvd., Room 6149, MSC, 9608 Bethesda, MD 20892–9608, 301–443–4525, Melanie J. Pantoja, Name of Committee: National Institute of [email protected]. Child Health and Human Development Initial Program Analyst, Office of Federal Advisory This notice is being published less than 15 Review Group; Biobehavioral and Behavioral Committee Policy. days prior to the meeting due to the timing Sciences Subcommittee. [FR Doc. 2020–10500 Filed 5–15–20; 8:45 am] limitations imposed by the review and Date: June 16, 2020. BILLING CODE 4140–01–P funding cycle. Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Name of Committee: National Institute of applications. DEPARTMENT OF HEALTH AND Mental Health Special Emphasis Panel; RFA Place: Bethesda North Marriott Hotel & HUMAN SERVICES Review: NIMH Instrumentation Program Conference Center, Montgomery County (S10). Conference Center Facility, 5701 Marinelli National Institutes of Health Date: June 3, 2020. Road, North Bethesda, MD 20852 (Telephone Time: 11:30 a.m. to 4:30 p.m. Conference Call). National Institute of Mental Health; Agenda: To review and evaluate grant Contact Person: Clay Marsh, Scientific Review Officer, 6710B Rockledge Drive, Notice of Closed Meetings applications. Bethesda, MD 20892, 301–496–6866. Place: National Institutes of Health, Pursuant to section 10(d) of the Neuroscience Center, 6001 Executive Blvd., Name of Committee: National Institute of Child Health and Human Development Initial Federal Advisory Committee Act, as Rockville, MD 20852 (Telephone Conference Review Group; Obstetrics and Maternal-Fetal amended, notice is hereby given of the Call). following meetings. Biology Subcommittee. Contact Person: Nicholas Gaiano, Ph.D., Date: June 26, 2020. The meetings will be closed to the Review Branch, Chief, Division of Extramural public in accordance with the Time: 8:30 a.m. to 5:00 p.m. Activities, National Institute of Mental Agenda: To review and evaluate grant provisions set forth in sections Health, NIH, Neuroscience Center/Room applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 6150/MSC 9606, 6001 Executive Boulevard, Place: National Institutes of Health, NICHD as amended. The grant applications and Bethesda, MD 20892–9606, 301–443–2742, Offices, 6710B, Rockledge Drive, Bethesda, the discussions could disclose [email protected]. MD 20892. confidential trade secrets or commercial Contact Person: Peter Zelazowski, Ph.D., (Catalogue of Federal Domestic Assistance property such as patentable material, Scientific Review Officer, National Institutes Program No. 93.242, Mental Health Research and personal information concerning of Health, NICHD, SRB, 6710B Rockledge Grants, National Institutes of Health, HHS) individuals associated with the grant Drive, Bethesda, MD 20892, 301–435–6902, [email protected]. applications, the disclosure of which Dated: May 12, 2020. Name of Committee: National Institute of Melanie J. Pantoja, would constitute a clearly unwarranted Child Health and Human Development invasion of personal privacy. Program Analyst, Office of Federal Advisory Special Emphasis Panel; Member Conflict Name of Committee: National Institute of Committee Policy. SEP. Mental Health Special Emphasis Panel; Early [FR Doc. 2020–10503 Filed 5–15–20; 8:45 am] Date: June 30, 2020. Time: 11:00 a.m. to 3:00 p.m. Psychosis Intervention Network (EPINET) BILLING CODE 4140–01–P Review Meeting. Agenda: To review and evaluate grant Date: May 26, 2020. applications. Time: 12:30 p.m. to 5:00 p.m. Place: National Institutes of Health, 6710B Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892 applications. (Telephone Conference Call). Place: National Institutes of Health, Contact Person: Christiane M. Robbins, Neuroscience Center, 6001 Executive Blvd., Scientific Review Officer, Scientific Review

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Branch (SRB), DER, Eunice Kennedy Shriver Date: June 24–25, 2020. in the Federal Register on February 20, National Institute of Child Health and Time: 8:00 a.m. to 5:00 p.m. 2019. The six errors consist of Human Development, NIH, DHHS, 6710B Agenda: To review and evaluate grant erroneously identified revocations. Rockledge Drive, Rm 2121A, Bethesda, MD applications. 20817, 301–451–4989, crobbins@ Place: National Institute of Health (NIH), DATES: As of May 18, 2020, CBP’s mail.nih.gov. Rockledge 1, 6705 Rockledge Drive, records have been corrected to reflect (Catalogue of Federal Domestic Assistance Bethesda, MD 20892 (Telephone Conference that the licenses were not revoked. Program Nos. 93.864, Population Research; Call). FOR FURTHER INFORMATION CONTACT: 93.865, Research for Mothers and Children; Contact Person: Carol (Chang-Sook) Kim, Melba Hubbard, Branch Chief, Broker 93.929, Center for Medical Rehabilitation Ph.D., Scientific Review Administrator, Office of Scientific Review/DERA, National Management, Office of Trade, (202) Research; 93.209, Contraception and 325–6986, [email protected]. Infertility Loan Repayment Program, National Heart, Lung, and Blood Institute, 6705 Institutes of Health, HHS) Rockledge Drive, Room 208–V, Bethesda, MD SUPPLEMENTARY INFORMATION: 20892–7924, (301) 827–7940, carolko@ Dated: May 12, 2020. mail.nih.gov. Background Ronald J. Livingston, Jr., (Catalogue of Federal Domestic Assistance Pursuant to section 641 of the Tariff Program Analyst, Office of Federal Advisory Program Nos. 93.233, National Center for Act of 1930, as amended (19 U.S.C. Committee Policy. Sleep Disorders Research; 93.837, Heart and 1641), and section 111.30(d) of title 19 [FR Doc. 2020–10501 Filed 5–15–20; 8:45 am] Vascular Diseases Research; 93.838, Lung of the Code of Federal Regulations (19 BILLING CODE 4140–01–P Diseases Research; 93.839, Blood Diseases CFR 111.30(d)), a customs broker’s and Resources Research, National Institutes of Health, HHS) license will be revoked by operation of law, without prejudice, for failure to file DEPARTMENT OF HEALTH AND Dated: May 12, 2020. a triennial status report. On February HUMAN SERVICES Ronald J. Livingston, Jr., 20, 2019, U.S. Customs and Border Program Analyst, Office of Federal Advisory National Institutes of Health Protection (CBP) published in the Committee Policy. Federal Register (84 FR 5090) a list of National Heart, Lung, and Blood [FR Doc. 2020–10498 Filed 5–15–20; 8:45 am] customs brokers’ licenses revoked under Institute; Notice of Closed Meeting BILLING CODE 4140–01–P 19 CFR 111.30(d) in alphabetical order by name, with the names grouped Pursuant to section 10(d) of the according to the ports of issuance. That Federal Advisory Committee Act, as DEPARTMENT OF HOMELAND document contained six (6) errors in the amended, notice is hereby given of the SECURITY list of revoked customs brokers’ following meeting. The meeting will be licenses. Specifically, six (6) customs closed to the public in accordance with U.S. Customs and Border Protection brokers’ names were erroneously the provisions set forth in sections included in the list. This correction is 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Notice of Revocation of Customs being issued to identify the customs as amended. The grant applications and Brokers’ Licenses; Correction brokers whose licenses were the discussions could disclose AGENCY: U.S. Customs and Border erroneously identified as revoked. CBP confidential trade secrets or commercial Protection, Department of Homeland has corrected its records to reflect that property such as patentable material, Security. the licenses were not revoked. and personal information concerning ACTION: Revocation of customs brokers’ Correction individuals associated with the grant licenses; correction. applications, the disclosure of which In the Federal Register of February would constitute a clearly unwarranted SUMMARY: This document corrects six 20, 2019, in the document at 84 FR invasion of personal privacy. errors in the list of customs brokers’ 5090: Name of Committee: Heart, Lung, and licenses revoked by operation of law, Beginning on page 5091, in the list of Blood Initial Review Group; Single-Site and without prejudice, for failure to file a revoked customs broker licenses, Pilot Clinical Trials Review Committee triennial status report that U.S. Customs remove the entries for the following (SSPT). and Border Protection (CBP) published customs brokers:

Generke ...... Ruth ...... 30703 Atlanta. Knight (formerly: Shubert) ...... Linda ...... 17372 Baltimore. Twomey ...... Robert ...... 17023 Baltimore.

On page 5092, remove the entry for the following customs broker:

Faison ...... Michelle ...... 30144 Charlotte.

Also on page 5097, remove the entries for the following customs brokers:

Okerman (formerly: Poe) ...... Rachel ...... 29388 Otay Mesa. Rader (formerly: Burrows) ...... Holly ...... 28136 Philadelphia.

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Dated: May 7, 2020. previously published in the Federal e.g., permitting electronic submission of Brenda B. Smith, Register on January 22, 2020 at 85 FR responses. 3712 with a 60-day public comment Executive Assistant Commissioner, Office of Maile Arthur, Trade. period. No comments were received. The purpose of this notice is to notify Acting Records Management Branch Chief, [FR Doc. 2020–10395 Filed 5–15–20; 8:45 am] Office of the Chief Administrative Officer, BILLING CODE 9111–14–P the public that FEMA will submit the Mission Support, Federal Emergency information collection abstracted below Management Agency, Department of to the Office of Management and Budget Homeland Security. DEPARTMENT OF HOMELAND for review and clearance. [FR Doc. 2020–10513 Filed 5–15–20; 8:45 am] SECURITY Collection of Information BILLING CODE 9111–19–P Federal Emergency Management Title: Facility Access Request. Agency Type of information collection: New DEPARTMENT OF HOMELAND [Docket ID: FEMA–2019–0021; OMB No. information collection. SECURITY 1660–NW75] OMB Number: 1660–NW75. Form Titles and Numbers: FEMA [Docket Number DHS–2020–0019] Agency Information Collection Form 121–3–1–3A and 121–3–1–3B. Agency Information Collection Activities: Submission for OMB Abstract: The purpose of these forms Activities: Generic Clearance for Review; Comment Request; Facility is to apply for access to all FEMA Improving Customer Experience (OMB Access Request controlled facilities. This information is Circular A–11, Section 280 used to create a profile in the Physical AGENCY: Federal Emergency Implementation) Management Agency, DHS. Access Control System. The Personally Identifiable Information is used to AGENCY: Department of Homeland ACTION: Notice and request for authenticate the identity of Federal Security (DHS). comments. employees, contractors, and visitors ACTION: 60-Day Notice and request for SUMMARY: The Federal Emergency who have entry authorization, and in comments; New Collection, 1601–NEW. Management Agency (FEMA) will the event of an emergency, to contact SUMMARY: The Department of Homeland submit the information collection individuals. Respondents are typically Security (DHS) as part of its continuing abstracted below to the Office of all occupations. effort to reduce paperwork and Management and Budget for review and Affected Public: Federal Government respondent burden, is announcing an clearance in accordance with the & State, local or Tribal Government. opportunity for public comment on a requirements of the Paperwork Estimated Number of Respondents: new proposed collection of information Reduction Act of 1995. The submission 20,500. by the Agency. Under the Paperwork will describe the nature of the Estimated Number of Responses: Reduction Act of 1995 (PRA), Federal information collection, the categories of 20,500. Agencies are required to publish notice respondents, the estimated burden (i.e., Estimated Total Annual Burden in the Federal Register concerning each the time, effort and resources used by Hours: 3,485. proposed collection of information, and respondents to respond) and cost, and Estimated Total Annual Respondent to allow 60 days for public comment in the actual data collection instruments Cost: $127,098. response to the notice. This notice FEMA will use. Estimated Respondents’ Operation and Maintenance Costs: None. solicits comments on new collection DATES: Comments must be submitted on proposed by the Agency. or before June 17, 2020. Estimated Respondents’ Capital and Start-Up Costs: None. DATES: Comments are encouraged and ADDRESSES: Submit written comments will be accepted until July 17, 2020. on the proposed information collection Estimated Total Annual Cost to the Federal Government: $23,027. This process is conducted in accordance to the Office of Information and with 5 CFR 1320.1. Regulatory Affairs, Office of Comments ADDRESSES: You may submit comments, Management and Budget. Comments identified by docket number Docket should be addressed to the Desk Officer Comments may be submitted as Number DHS–2020–0019, at: for the Department of Homeland indicated in the ADDRESSES caption above. Comments are solicited to (a) Æ Federal eRulemaking Portal: http:// Security, Federal Emergency www.regulations.gov. Please follow the Management Agency, and sent via evaluate whether the proposed data collection is necessary for the proper instructions for submitting comments. electronic mail to dhsdeskofficer@ Instructions: All submissions received omb.eop.gov. performance of the agency, including whether the information shall have must include the agency name and FOR FURTHER INFORMATION CONTACT: practical utility; (b) evaluate the docket number Docket Number DHS– Requests for additional information or accuracy of the agency’s estimate of the 2020–0019. All comments received will copies of the information collection burden of the proposed collection of be posted without change to http:// should be made to Director, Information information, including the validity of www.regulations.gov, including any Management Division, 500 C Street SW, the methodology and assumptions used; personal information provided. Washington, DC 20472, email address (c) enhance the quality, utility, and Docket: For access to the docket to FEMA-Information-Collections- clarity of the information to be read background documents or [email protected] or J’son collected; and (d) minimize the burden comments received, go to http:// Tyson; Chief, Identity Credential and of the collection of information on those www.regulations.gov. Access Management; FEMA/OCSO/ who are to respond, including through SUPPLEMENTARY INFORMATION: On FOD; 202–412–5600; j’son.tyson@ the use of appropriate automated, September 11, 1993, President Clinton fema.dhs.gov. electronic, mechanical, or other issued Executive Order 12862, ‘‘Setting SUPPLEMENTARY INFORMATION: This technological collection techniques or Customer Service Standards’’ which proposed information collection other forms of information technology, clearly define his vision that the Federal

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agencies will put the people first. communicating about these efforts with identifying customer insights. An Executive Order 12862 directs Federal the public. approach to recruiting participants, agencies to provide service to the public The Agency will collect, analyze, and resources for preparing and structuring that matches or exceeds the best service interpret information gathered through interviews, and a consent form for available in the private sector. Section this generic clearance to identify interviewees can be found at https:// 1(b) of Executive Order 12862 requires services’ accessibility, navigation, and www.gsa.gov/cdnstatic/HCD-Discovery- government agencies to ‘‘survey use by customers, and make Guide-Interagency-v12-1.pdf. This customers to determine the kind and improvements in service delivery based document is also included in the quality of services they want and their on customer insights gathered through package. level of satisfaction with existing developing an understanding of the user Insights documented, summarized services’’ and Section 1(e) requires experience interacting with and presented in customer personas and agencies ‘‘survey front-line employees Government. journey maps can then be shared across on barriers to, and ideas for, matching For the purposes of this request, the program, the Agency, other Federal, the best in business.’’ ‘‘customers’’ are individuals, State, and Local government On March 30, 2016, President Obama businesses, and organizations that stakeholders and even with the public established the Core Federal Services interact with a Federal Government to validate and discuss common themes Council, which again emphasized the agency or program, either directly or via identified. These products can be used need to deliver world-class customer a Federal contractor. as ‘‘indicator lights’’ for where more service to the American people. The ‘‘Service delivery’’ or ‘‘services’’ refers rigorous qualitative and quantitative Council, composed of the major high- to the multitude of diverse interactions research can be conducted to improve volume, high-impact Federal programs between a customer and Federal agency Federal service delivery. that provide transactional services such as applying for a benefit or loan, Publicly shared personas and journey directly to the public, were encouraged receiving a service such as healthcare or maps will include language that ‘‘to improve the customer experience by small business counseling, requesting a qualifies their use (see question #16), using public and private sector document such as a passport or social and high-level, non-identifying management best practices, such as security card, complying with a rule or descriptive statistics of the conducting self-assessments and regulation such as filing taxes or population(s) interviewed to develop it journey mapping, collecting declaring goods, utilizing resources (ex. ‘‘25 Service members that transactional feedback data, and sharing such as a park or historical site, or transitioned to civilian employment such data with frontline and other seeking information such as public within the last decade, 14 female, 11 staff.’’ health or consumer protection notices. male, 21 enlisted and 4 officers) to In March 2018, the Administration of Under this request, three types of ensure that the perspective represented President Trump launched the activities will be conducted to generate is understood. Quotes or insights will President’s Management Agenda (PMA) customer insights: never be associated with an actual and established new Cross-Agency Customer Research (E.g., User individual unless they have signed a Priority (CAP) Goals. Excellent service Persona and Journey Map release form (see link above for was established as a core component of Development): A critical first template) and this was included in the the mission, service, stewardship model component of understanding customer specific collection request. Customer that frames the entire PMA, embedding experience is to develop customer Feedback (Satisfaction Survey): Surveys a customer-focused approach in all of personas and journey maps. This to be considered under this generic the PMA’s initiatives. This model was process enables the Agency to more clearance will only include those also included in the 2018 update of the deeply understand the customer surveys modeled on the OMB Circular Federal Performance Framework in segments they serve and to organize the A–11 CX Feedback survey to improve Circular A–11, ensuring ‘excellent processes customers interact with customer service by collecting feedback service’ as a focus in future agency throughout their engagement with the at a specific point during a customer strategic planning efforts. The PMA Federal entity to accomplish a task or journey. This could include upon included a CAP Goal on Improving meet a need. In order to adequately submitting a form online on a Federal Customer Experience with Federal capture the perspective of the customer website, speaking with a call center Services, with a primary strategy to and the barriers or supports that exist as representative, paying off a loan, or drive improvements within 25 of the they navigate these journeys, it is visiting a Federal service center. nation’s highest impact programs. This necessary to directly interact with In an effort to develop comparable, effort is supported by an interagency customers rather than relying solely government-wide scores that will enable team and guidance in Circular A–11 upon the Agency’s stated policy of how cross-agency or industry benchmarking requiring the collection of customer a process should work or employees’ (when relevant) and a general indication feedback data and increasing the use of interpretation of how services are of an agency’s overall customer industry best practices to conduct delivered. This can occur through a satisfaction, OMB Circular A–11 Section customer research. variety of information collection 280 requires high impact services to These Presidential actions and mechanisms that include focus groups, measure their touchpoint/transactional requirements establish an ongoing individual intercept interviews at a performance in as a real-time manner as process of collecting customer insights service site, shadowing a user as they possible, with respect to satisfaction and and using them to improve services. navigate a Federal service and confidence/trust using the following This new request will enable the documenting their reactions and questions, without modification. Department of Homeland Security frustrations, customer free-response Responses will typically be assessed on (hereafter ‘‘the Agency’’) to act in comment cards, or informal small a 5-point Likert scale (1 (strongly accordance with OMB Circular A–11 discussion groups. disagree) to 5 (strongly agree)). These Section 280 to ultimately transform the Regardless of the format, the Agency questions align to drivers of experience experience of its customers to improve will apply Human Centered Design developed in consultation with leading both efficiency and mission delivery, (HCD) Discovery methods to generate organizations in customer experience and increase accountability by personas and journey maps, ultimately both in the private sector and industry

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groups that study the most critical reference materials, and digital products This clearance will help the Agency drivers of customer experience. associated with a Federal program. This to establish a process where customer • 5 point Likert scale: I am satisfied often requires ‘‘field testing’’ program experience is regularly monitored and with the service I received from informational materials, process measured. The results will assist the [Program/Service name]. updates, forms, or digital products (such Agency in the planning and decision- • 5 point Likert scale: This as websites or mobile applications) by making processes to improve the quality interaction increased my confidence in interacting with past, existing, or future of the Agency’s products and services. [Program/Service name]. OR I trust customers and soliciting feedback. Results from feedback activities and [Agency/Program/Service name] to These activities can include cognitive surveys will be used to measure against fulfill our country’s commitment to laboratory studies, such as those used to established baseline standards and for [relevant population]. refine questions on a program form to measuring the Agency’s progress toward • Free response: Any additional ensure clarity, demo kiosks at a service defined goals. feedback on your scores above? center where customers can provide • There are neither legal nor technical 5 point Likert scale: My need was informal feedback while waiting for a obstacles to the use of technology in addressed OR My issue was resolved. service, or more formally scheduled in- these information collection activities. OR I found what I was looking for. • person observation testing (e.g., website The determination to use technology, 5 point Likert scale: It was easy to or software usability tests). These and which technology to use, will be complete what I needed to do. information collection activities are based on the type of information • 5 point Likert scale: It took a more specific than broad customer collected and the utility and the reasonable amount of time to do what research and related to a particular availability of specific technology to I needed to do. artifact/product of a Federal program. • 5 point Likert scale: I was treated each respondent in a proposed customer As such, there will be a more structured fairly. research activity or feedback survey. • 5 point Likert scale: Employees I interview/set of questions than more The Agency will work to ensure the interacted with were helpful. open-ended customer research. Findings streamlining of all customer research • Free response: Any additional from these activities are meant to and feedback surveys under this feedback for [Program/Service name]? support the design and implementation clearance. The Agency will also work to The surveys shall include no more of Federal program services and digital reduce existing customer feedback than 15 questions in total. The Agency products, and may only be shared in an surveys and questions into alignment may add a few additional questions to anonymized/in aggregate if a particular with the A–11 Standard CX Feedback those listed above to clarify type of insight is useful to include as part of a survey as part of a coordinated Agency- service received, inquiry type, service customer persona, journey map, or wide customer program. The center location, or other program- common lesson learned for improving information to be supplied on these specific questions that can help program service delivery. surveys will not be duplicated on any managers to filter and make use of the The Agency will only submit under other information collection. feedback data. this generic clearance if it meets the The information collected in these As part of the Customer Experience following conditions: surveys will represent the minimum CAP goal’s strategy to increase • The collections are voluntary; burden necessary to evaluate customer transparency to drive accountability, the • The collections are low-burden for experience with the Agency’s programs feedback data collected through the A– respondents (based on considerations of and processes. The Agency will 11 Standard Feedback survey is meant total burden hours or burden-hours per minimize the burden on respondents by to be shared with the public. This respondent) and are low-cost for both sampling as appropriate, asking for collection is part of the government- the respondents and the Federal readily available information, and using wide effort to embed standardized Government; short, easy-to-complete information customer metrics within high-impact • The collections are non- collection instruments. programs to create government-wide controversial and do not raise issues of Without regular mechanisms for performance dashboards. Data collected concern to other Federal agencies; collecting and generating customer from the questions listed above will be • Any collection is targeted to the insights, the Agency is not able to submitted by the Agency to OMB at a solicitation of opinions from provide the public with the highest minimum quarterly for updating of respondents who have experience with level of service. These activities will be customer experience dashboards on the program or may have experience coordinated to ensure that most performance.gov. This dashboard will with the program in the near future; individual respondents will not be also include the total volume of • Personally identifiable information asked to respond to more than one customers that passed through the (PII) is collected only to the extent survey instrument per transaction or to transaction point at which the survey necessary and is not retained; participate in more than one qualitative was offered, the number of customers • Information gathered is intended to feedback or testing activity. the survey was presented to, the number be used for general service improvement These surveys will be consistent with of responses, and the mode of and program management purposes. all the guidelines in 5 CFR 1320.5, presentation and response (online • Upon agreement between OMB and especially those provisions in survey, in-person, post-call touchtone, the agency all or a subset of information subsection (g) which require that a mobile, email). This will help to qualify may be released as part of A–11, Section statistical survey be designed to produce the data’s representation by showing 280 requirements only on results that can be generalized to the both the response rate and total number performance.gov. Additionally, universe of study. There are no special of actual responses. summaries of customer research and circumstances that would cause this User Testing of Services and Digital user testing activities may be included information collection to be conducted Products: Agencies should continually in public-facing customer journey maps in an unusual or intrusive manner. All review, update and refine their service and summaries. participation will be voluntary. Should delivery, including communication • Additional release of data must be the Agency need to deviate from the materials, processes, supporting done coordinated with OMB. requirements outlined in 5 CFR 1320,

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individual justification will be provided • Total volume of customers that Dated: May 12, 2020. to OMB on a case-by-case basis. interacted at this transaction point Melissa Bruce, No attempt will be made to generalize during the given quarter Executive Director, Business Management the findings from these three groups of • Total volume of customers that were Office. activities to be nationally representative presented the survey [FR Doc. 2020–10546 Filed 5–15–20; 8:45 am] • or statistically valid. They are meant to Total number of customers who BILLING CODE 9110–9B–P compliment and help to contextualize completed the survey performance and evaluation data as part • Mode(s) of collection (ex. online, over of a three-pronged approach to mobile, over the phone, paper form) DEPARTMENT OF HOUSING AND • understanding Federal program Specific survey instrument that shows URBAN DEVELOPMENT implementation and opportunities for the Agency’s wording of standard A– improvement (Performance, Evaluation, 11 CX Feedback survey [Docket No. FR–7027–N–13] and ‘‘Feedback’’ data 1). • Distribution of the responses across 60-Day Notice of Proposed Information Customer Research: Insights gleaned the 5 point Likert scale for each of the standard questions Collection: HUD Multifamily Rental from qualitative customer research may Project Closing Documents; OMB be presented publicly in the format of a The purpose of collecting volume and Control No.: 2502–0598 conceptual user persona or customer response numbers is to share customer journey map. Customer research can feedback measures in context of the AGENCY: Office of the Assistant take anywhere from 6 weeks for a short response rate and total volume of Secretary for Housing—Federal Housing sprint to a full fiscal year, depending on responses to qualify interpretation of the Commissioner, HUD. the specific project. The Agency expects CX feedback data. ACTION: Notice. most journey mapping efforts to last Testing of Services and Digital approximately 6 months, with a user Products: Similar to Customer Research, SUMMARY: HUD is seeking approval from persona and journey maps ready for this can range from a short two-day the Office of Management and Budget feedback (both from internal and rapid feedback from users within an (OMB) for the information collection external to government stakeholders) Agile product development sprint or described below in accordance with the within one month of completing longer effort to gather more extensive Paperwork Reduction Act (PRA). The customer research. feedback from multiple physical purpose of this notice is to allow for 60 Publicly available Journey maps will locations. days of public comment. include specific language to DHS is particularly interested in DATES: Comments Due Date: July 17, contextualize their use and will be comments which: 2020. 1. Evaluate whether the proposed included in specific requests. This ADDRESSES: Interested persons are collection of information is necessary language can include something like: invited to submit comments regarding for the proper performance of the this information collection. Comments What should I know about journey functions of the agency, including should refer to the collection by name maps? whether the information will have and/or OMB Control Number and practical utility; Journey maps are living documents— should be sent to: Colette Pollard, 2. Evaluate the accuracy of the continually refined and revisited. There Reports Management Officer, QDAM, agency’s estimate of the burden of the is never a ‘‘final’’ version, and these Department of Housing and Urban proposed collection of information, maps are meant to serve as a summary Development, 451 7th Street SW, Room including the validity of the of the voices of actual customers of U.S. 4176, Washington, DC 20410–5000; methodology and assumptions used; Government services. A map may not telephone 202–402–3400 (this is not a 3. Enhance the quality, utility, and precisely document the way a toll-free number) or email at clarity of the information to be Government program is meant to be [email protected] for a copy of collected; and navigated, accessed, or used. It might the proposed forms or other available 4. Minimize the burden of the not capture every government program information. Persons with hearing or collection of information on those who or resource available to a customer speech impairments may access this are to respond, including through the segment. number through TTY by calling the toll- use of appropriate automated, However, it is the product of a free Federal Relay Service at (800) 877– electronic, mechanical, or other qualitative research approach to gather 8339. insights from customers’ actual technological collection techniques or other forms of information technology, FOR FURTHER INFORMATION CONTACT: experiences. These findings can help us Colette Pollard, Reports Management to identify areas for high-impact e.g., permitting electronic submissions of responses. Officer, QDAM, Department of Housing improvements across delivery channels and Urban Development, 451 7th Street and organizational silos. Analysis SW, Washington, DC 20410; email Customer Feedback: Once touchpoint Agency: Department of Homeland Colette Pollard at Colette.Pollard@ surveys are implemented at transaction Security DHS. hud.gov or telephone 202–402–3400. points along the customer journey Title: Generic Clearance for Improving This is not a toll-free number. Persons interacting with Federal services, data Customer Experience (OMB Circular A– with hearing or speech impairments from the A–11 Standard CX Feedback 11, Section 280 Implementation). may access this number through TTY by survey will be submitted to OMB OMB Number: 1601–NEW. calling the toll-free Federal Relay quarterly for review and publication in Frequency: On Occasion. Service at (800) 877–8339. a summary dashboard on Affected Public: Individuals. Copies of the documents to be performance.gov. Number of Respondents: 2,001,550. submitted to OMB may be provided by This data will include: Estimated Time per Respondent: 3 Ken Doresky. • Specific transaction point at which mins or up to 2 hours. SUPPLEMENTARY INFORMATION: This the survey was administered Total Burden Hours: 101,125. notice informs the public that HUD is

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seeking approval from OMB for the closing process, while also allowing ensure fairness and efficiency in information collection described in flexibility for HFA requested changes closings. Thus, it is critical that every Section A. necessary for state or local law, as subordinate loan contain the HUD discussed immediately below. required language in order to A. Overview of Information Collection accomplish this goal. HUD is, however, Title of Information Collection: HUD Revisions to the Subordination Agreement sympathetic to the fact that various Multifamily Rental Project Closing HFAs have templates that must go Documents. HUD added the following instruction through an approval process; therefore, OMB Approval Number: 2502–0598. at the request of OMB given HUD’s HUD will permit the HUD-required OMB Expiration Date: 09/30/2021. policy of considering requested subordinate note language to be Type of Request: Revision of currently Subordination Agreement changes to incorporated by reference into the approved collection. accommodate state or local law: ‘‘HUD subordinate note. Form Number Being Revised: HUD– will consider requested changes to this 92420M. HUD also rejects a comment objecting form that are necessary to comply with to section 3(c)(3) that restricts a transfer Description of the need for the state or local law. All such requests information and proposed use: The of the subordinate note without HUD must be accompanied by a substantive consent. Section 3(c)(3) reflects HUD’s form, Subordination Agreement, HUD– explanation prepared by counsel to the 92420M, is used in FHA-insured longstanding policy that Surplus Cash Subordinate Lender. HUD’s written Notes are not negotiable instruments or multifamily rental project loan closings acceptance of any changes for state or with secured, publicly financed transferable without HUD consent. This local law will result in a template policy has been in existence since at secondary debt, often to promote Subordination Agreement—Public, for a affordable housing. The document is least 2011, and since 2002 with the then given jurisdiction and program. applicable Secondary Financing Rider used to subordinate such secured, Consistent with the PRA, permission to secondary financing to the lien of the that was included in the 2002 MAP use any such HUD-approved template Guide The rationale behind this policy FHA-insured mortgage, which must be will expire upon implementation of the is that HUD needs to be able to assess in a first lien position as required by the next OMB-approved version of this whether such transfers will cause National Housing Act (12 U.S.C. 1701 form. When a new OMB form is issued, unacceptable risk to the project. et. seq.), on terms and conditions that public lenders may request HUD A commenter objected to the language are legally and administratively consideration of changes to the new acceptable to HUD. form in accordance with the level of in section 3(c)(6) that the terms and The Subordination Agreement is part flexibility the new form provides.’’ HUD provisions of the subordinate lender’s of a larger information collection (OMB notes that the underlying PRA burden note are enforceable by HUD and cannot Control No. 2502–0598) that consists of estimate for the Subordination be amended without HUD’s consent. numerous other closing forms (Closing Agreement now accounts for any legal HUD rejects this comment. This is Documents) used in FHA-insured opinions that may be required to justify standard language in several of the multifamily transactions. The Closing state or local law changes. Closing Documents. Changing the terms Documents, including the Similarly, HUD added an instruction of the subordinate loan without HUD Subordination Agreement, were last in section 3(b) to ensure the consent could negatively impact HUD. updated pursuant to the Paperwork Subordination Agreement is consistent In response to an informal comment Reduction Act (PRA) in 2018. However, with existing HUD policy allowing an received from an outside party HUD was not able to complete its exception (on a case-by-case basis) to concerning the policy change previously review of public comments received in the requirement that the subordinate made in in section 6(b) to allow connection with the 30-day Federal loan mature no earlier than the FHA- subordinate lenders to exercise their Register notice (83 FR 29815; 30-day insured senior loan for deal-specific remedies for subordinate loan defaults notice) published for the previous PRA situations where the resulting risk is after a 180-day standstill, HUD proposes renewal for the Closing Documents prior appropriately underwritten. Outside of to explicitly clarify that such exercise of to the OMB deadline. Therefore, when this allowance to permit maturity of the remedies is only available for covenant HUD initiates a new PRA process for the subordinate loan before the FHA- events of default, and not monetary Closing Documents later this year, it insured senior loan and other existing events of default. This clarification is will include, as a starting point, changes instructions allowing flexibility for consistent with the rationale discussed HUD anticipated making in response to certain other terms (e.g., section 3(c)(4) in the 60-day Federal Register notice the public comments received with the exception to prohibition against published on September 5, 2017 (82 FR 30-day notice. compounding interest for LIHTC 41977). Notwithstanding, due to concerns that transactions), HUD does not anticipate One commenter took issue with the state and local housing finance agencies accommodating deal-specific requests section 7(b) prohibition against a cross- (HFAs) have expressed concerning for additional changes to the form. default provision in the subordinate certain terms and conditions in the 2018 HFAs and other interested parties are loan documents. HUD rejects this Subordination Agreement, HUD is encouraged to request, and provide a comment as a cross-default prohibition initiating this separate PRA renewal rationale for, any changes deemed has been in the form since its adoption effort in order to allow HFAs and other necessary during this PRA process. in 2011. Numerous transactions with interested members of the public an In response to the 30-day notice, one public secondary debt have closed opportunity to comment on the form commenter objected to section 3(c) that without any objection to the and HUD to make agreed upon changes requires HUD language be inserted into prohibition, which can also be found in on a more immediate timeline. It is the subordinate note because many the MAP Guide. The FHA lender and HUD’s goal that the PRA process for the subordinate lenders use pre-approved HUD must control what happens to the Subordination Agreement will result in template documents. HUD rejects this property in the event of a default under a form that is widely accepted by HFAs comment because FHA-insured the FHA-insured loan and whether to to promote greater efficiency and multifamily financing is a national remove the borrower through a consistency in the FHA multifamily program that requires uniformity to foreclosure, not the subordinate lender.

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One commenter objected to the explanation and rationale for each and Urban Development, 451 7th Street requirement in section 10(c) that the requested change. Commenters may SW, Room 4176, Washington, DC maturity on the subordinate loan include in their detailed explanation 20410–5000; telephone 202–402–3400 automatically be extended if the FHA and rationale the relevant excerpt(s) (this is not a toll-free number) or email loan is extended due to a deferment of from the Subordination Agreement with at [email protected] for a copy of amortization or forbearance. HUD redlines/strikeouts. the proposed forms or other available rejects this comment as the language in C. Authority information. Persons with hearing or question reflects current MAP Guide speech impairments may access this policy to reserve this protection as Section 3507 of the Paperwork number through TTY by calling the toll- insurer of the first mortgage loan to Reduction Act of 1995, 44 U.S.C. free Federal Relay Service at (800) 877– allow maximum flexibility in distressed Chapter 3507. 8339. Copies of available documents project situations. Dated: May 12, 2020. submitted to OMB may be obtained HUD agrees with an HFA’s request to Nacheshia Foxx, from Ms. Pollard. remove language in section 10(e) that Federal Register Liaison for the Department SUPPLEMENTARY INFORMATION: This would force a subordinate lender to for Housing and Urban Development. notice informs the public that HUD is allow an ownership change and [FR Doc. 2020–10516 Filed 5–15–20; 8:45 am] seeking approval from OMB for the assumption of its loan upon HUD BILLING CODE 4210–67–P information collection described in approval. Further, HUD also agrees with Section A. an HFA’s request to remove the requirement in section 10(f) that limits DEPARTMENT OF HOUSING AND A. Overview of Information Collection the funds the subordinate lender can URBAN DEVELOPMENT Title of Information Collection: FHA- receive upon transfer or sale of the Insured Mortgage Loan Servicing of [Docket No. FR–7027–N–14; OMB Control property to 75% of net proceeds; HUD No.: 2502–0595] Payments, Prepayments, Terminations, will be making a corresponding change Assumptions, and Transfers. to remove this requirement from the 60-Day Notice of Proposed Information OMB Approval Number: 2502–0595. MAP Guide. Collection: FHA-Insured Mortgage Type of Request: Revision of currently Respondents (i.e., affected public): Loan Servicing of Payments, approved collection. FHA lenders, borrowers, housing Prepayments, Terminations, Form Numbers: HUD–92210.1. finance agencies and other government Assumptions, and Transfers Description of the need for the agencies that support affordable information and proposed use: FHA housing, and HFA counsel. AGENCY: Office of the Assistant insurance is an important source of Estimated Number of Respondents: Secretary for Housing- Federal Housing mortgage credit for low and moderate- 17,468. Commissioner, HUD. income borrowers. It is essential that the Estimated Number of Responses: ACTION: Notice. Federal Housing Administration (FHA) 17,468. maintain a healthy mortgage insurance Frequency of Response: Once per SUMMARY: HUD is seeking approval from fund through premiums charged to the annum. the Office of Management and Budget borrower by FHA. Providing policy and Average Hours per Response: 1.5 (OMB) for the information collection guidance to the single family housing hours. described below. In accordance with the mortgage industry regarding changes in Total Estimated Burden: 14,286.85. Paperwork Reduction Act, HUD is FHA’s program is essential to protect requesting comment from all interested B. Solicitation of Public Comment the fund. The information requests parties on the proposed collection of referred to in this PRA submission is to This notice is soliciting comments information. The purpose of this notice provide information to support HUD’s from members of the public and affected is to allow for 60 days of public policy and guidance. parties concerning the collection of comment. Respondents: Business or other for information described in Section A on DATES: Comments Due Date: July 17, profit and Individuals or households. the following: 2020. Estimated Number of Respondents: (1) Whether the proposed collection 182. ADDRESSES: Interested persons are of information is necessary for the Estimated Number of Responses: invited to submit comments regarding proper performance of the functions of 15,834. the agency, including whether the this proposal. Comments should refer to Frequency of Response: On occasion. information will have practical utility. the proposal by name and/or OMB Average Hours per Response: 60 (2) The accuracy of the agency’s Control Number and should be sent to: minutes to 67 minutes. estimate of the burden of the proposed Colette Pollard, Reports Management Total Estimated Burdens: 17,813. collection of information. Officer, QDAM, Department of Housing (3) Ways to enhance the quality, and Urban Development, 451 7th Street B. Solicitation of Public Comment utility, and clarity of the information to SW, Room 4176, Washington, DC This notice is soliciting comments be collected. 20410–5000; telephone 202–402–3400 from members of the public and affected (4) Ways to minimize the burden of (this is not a toll-free number) or email parties concerning the collection of the collection of information on those at [email protected] for a copy of information described in Section A on who are to respond; including through the proposed forms or other available the following: the use of appropriate automated information. Persons with hearing or (1) Whether the proposed collection collection techniques or other forms of speech impairments may access this of information is necessary for the information technology, e.g., permitting number through TTY by calling the toll- proper performance of the functions of electronic submission of responses. free Federal Relay Service at (800) 877– the agency, including whether the HUD requests that commenters 8339. information will have practical utility; provide comments and proposed FOR FURTHER INFORMATION CONTACT: (2) The accuracy of the agency’s changes in narrative and/or bulleted Colette Pollard, Reports Management estimate of the burden of the proposed form, accompanied by a detailed Officer, QDAM, Department of Housing collection of information; (3) Ways to

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enhance the quality, utility, and clarity and Urban Development, 451 7th Street Regarding Fair Housing and Civil Rights of the information to be collected; and SW, Room 4176, Washington, DC Requirements and Relocation (4) Ways to minimize the burden of the 20410–5000; telephone 202–402–3400 Requirements Applicable to RAD First collection of information on those who (this is not a toll-free number) or email Component—Public Housing are to respond; including through the at [email protected] for a copy of Conversions or successor notices. The use of appropriate automated collection the proposed forms or other available RAD processing request is made through techniques or other forms of information information. Persons with hearing or a Web-based portal. Overall, the RAD technology, e.g., permitting electronic speech impairments may access this documents and information requested submission of responses. number through TTY by calling the toll- through such documents allow HUD to HUD encourages interested parties to free Federal Relay Service at (800) 877– determine which applicants continue to submit comment in response to these 8339. meet the eligibility and conversion questions. FOR FURTHER INFORMATION CONTACT: requirements. Finally, all applicants C. Authority Colette Pollard, Reports Management will be required to sign the appropriate Officer, QDAM, Department of Housing contractual documents to complete Section 2 of the Paperwork Reduction and Urban Development, 451 7th Street conversion and bind both the applicant Act of 1995, 44 U.S.C. 3507. SW, Washington, DC 20410; email and HUD, as well as set forth the rights The General Deputy Assistant Colette Pollard at Colette.Pollard@ and duties of the applicant and HUD, Secretary for Housing, John L. Garvin, hud.gov or telephone 202–402–3400. with respect to the converted project having reviewed and approved this This is not a toll-free number. Persons and any payments under that project. document, is delegating the authority to with hearing or speech impairments This is a revision request of a currently electronically sign this document to may access this number through TTY by approved collection. Several changes submitter, Nacheshia Foxx, who is the calling the toll-free Federal Relay have been made under both components Federal Register Liaison for HUD, for Service at (800) 877–8339. of RAD. The changes under the First purposes of publication in the Federal Copies of available documents Component of RAD are as follows: The Register. submitted to OMB may be obtained inclusion of the RAD Application under Dated: May 13, 2020. from Ms. Pollard. this ICR (formerly under OMB Approval Nacheshia Foxx, SUPPLEMENTARY INFORMATION: This Number 2577–0278), the reorganization Federal Liaison for the Department of Housing notice informs the public that HUD is and streamlining of RAD Fair Housing, and Urban Development. seeking approval from OMB for the Civil Rights, and Relocation Submission [FR Doc. 2020–10612 Filed 5–15–20; 8:45 am] information collection described in Requirements, an update of all forms to BILLING CODE 4210–67–P Section A. reflect programmatic changes and improvements over the past three years, A. Overview of Information Collection the replacement of a rider to an existing DEPARTMENT OF HOUSING AND Title of Information Collection: Rental PBV HAP contract with a single contract URBAN DEVELOPMENT Assistance Demonstration (RAD); form that incorporates all requirements [Docket No. FR–7027–N–12] Supporting Contracts and Processing into a single form, the creation of a Requirements. survey of new contract voucher 60-Day Notice of Proposed Information OMB Approval Number: 2502–0612. administrators to ensure that the Collection: Rental Assistance OMB Expiration Date: 04/30/2020. amount of funding provided for Demonstration (RAD); Supporting Type of Request: Revision of a converted properties is adequate, and Contracts and Processing currently approved collection. the creation of a Post-Closing Requirements; OMB Control No.: Form Numbers: 52611, 52614, 52617, Completion Certification form for 2502–0612 52619, 52620A, 52620B, 52621A, 52624, owners to document compliance with 52625, 5679, 5977, 5978. certain requirements. In addition, under AGENCY: Office of the Assistant Description of the need for the the Second Component of RAD, the Secretary for Housing—Federal Housing information and proposed use: RAD changes are as follows: The creation of Commissioner, HUD. allows Public Housing, Mod Rehab, the Submission of Interest for owners to ACTION: Notice. Rent Supp, RAP, and 202 PRAC connect with HUD for technical SUMMARY: HUD is seeking approval from properties to convert to long-term assistance, the creation of HAP contracts the Office of Management and Budget project-based Section 8 rental assistance for the conversion of Project Rental (OMB) for the information collection contracts. Participation in the Assistance Contract (PRAC) to PBRA described below. In accordance with the demonstration is voluntary and HUD and PBV as well as the new Elderly Paperwork Reduction Act, HUD is approval is discretionary. Participating Housing Use Agreement to be recorded requesting comment from all interested Public Housing Agencies (PHAs) and on PRAC properties that have converted parties on the proposed collection of Multifamily Owners are required to through RAD, an update of all forms to information. The purpose of this notice submit documentation for processing reflect programmatic changes and is to allow for 60 days of public and completing the conversion. improvements over the past three years, comment. Through these documents (collectively, and the implementation of the Mod the RAD documents), HUD evaluates Rehab data, a collection of owner DATES: Comments Due Date: July 17, whether the PHA or owner has met all information requested. Both 2020. of the requirements necessary to Components of RAD will now have the ADDRESSES: Interested persons are complete conversion as outlined in incorporation of a Conversion Plan invited to submit comments regarding Housing Notice 2019–09/PIH Notice under the Second Component, modeled this proposal. Comments should refer to 2019–23 (HA) Rental Assistance after the Financing Plan used in the the proposal by name and/or OMB Demonstration—Final Implementation First Component. Both components will Control Number and should be sent to: Notice (RAD Notice) Revision 4 and also now include a collection of a post- Colette Pollard, Reports Management Housing/PIH Notice 2016–17—Rental closing completion certification to Officer, QDAM, Department of Housing Assistance Demonstration (RAD) Notice monitor compliance with requirements

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agreed to, as part of the conversion, and ACTION: Notice. Information System (EDIS, https:// ensuring that any and all record-keeping edis.usitc.gov). No in-person paper- that PHAs and owners must undertake SUMMARY: The Commission hereby gives based filings or paper copies of any to comply with requirements under the notice of the scheduling of expedited electronic filings will be accepted until RAD Notice is acknowledged under this reviews pursuant to the Tariff Act of further notice. ICR. 1930 (‘‘the Act’’) to determine whether Staff report.—A staff report Respondents (i.e. affected public): revocation of the antidumping and containing information concerning the Public housing agencies and countervailing duty orders on calcium subject matter of the reviews will be multifamily owners. hypochlorite from China would be placed in the nonpublic record on May Estimated Number of Respondents: likely to lead to continuation or 18, 2020, and made available to persons 370. recurrence of material injury within a on the Administrative Protective Order Estimated Number of Responses: 370. reasonably foreseeable time. service list for these reviews. A public Frequency of Response: Once per DATES: March 6, 2020. version will be issued thereafter, application. FOR FURTHER INFORMATION CONTACT: pursuant to section 207.62(d)(4) of the Average Hours per Response: 23. Tyler Berard (202–205–3354), Office of Commission’s rules. Total Estimated Burden: 5,919. Investigations, U.S. International Trade Written submissions.—As provided in Commission, 500 E Street SW, section 207.62(d) of the Commission’s B. Solicitation of Public Comment Washington, DC 20436. Hearing- rules, interested parties that are parties This notice is soliciting comments impaired persons can obtain to the reviews and that have provided from members of the public and affected information on this matter by contacting individually adequate responses to the parties concerning the collection of the Commission’s TDD terminal on 202– notice of institution,3 and any party information described in Section A on 205–1810. Persons with mobility other than an interested party to the the following: impairments who will need special reviews may file written comments with (1) Whether the proposed collection assistance in gaining access to the the Secretary on what determination the of information is necessary for the Commission should contact the Office Commission should reach in the proper performance of the functions of of the Secretary at 202–205–2000. reviews. Comments are due on or before the agency, including whether the General information concerning the May 22, 2020 and may not contain new information will have practical utility; Commission may also be obtained by factual information. Any person that is (2) The accuracy of the agency’s accessing its internet server (https:// neither a party to the five-year reviews estimate of the burden of the proposed www.usitc.gov). The public record for nor an interested party may submit a collection of information; these reviews may be viewed on the brief written statement (which shall not (3) Ways to enhance the quality, Commission’s electronic docket (EDIS) contain any new factual information) utility, and clarity of the information to at https://edis.usitc.gov. pertinent to the reviews by May 22, be collected; and SUPPLEMENTARY INFORMATION: 2020. However, should the Department (4) Ways to minimize the burden of Background.—On March 6, 2020, the of Commerce (‘‘Commerce’’) extend the the collection of information on those Commission determined that the time limit for its completion of the final who are to respond; including through domestic interested party group results of its reviews, the deadline for the use of appropriate automated response to its notice of institution (84 comments (which may not contain new collection techniques or other forms of FR 66002, December 2, 2019) of the factual information) on Commerce’s information technology, e.g., permitting subject five-year reviews was adequate final results is three business days after electronic submission of responses. and that the respondent interested party the issuance of Commerce’s results. If HUD encourages interested parties to group response was inadequate. The comments contain business proprietary submit comment in response to these Commission did not find any other information (BPI), they must conform questions. circumstances that would warrant with the requirements of sections 201.6, conducting full reviews.1 Accordingly, 207.3, and 207.7 of the Commission’s C. Authority the Commission determined that it rules. The Commission’s rules with Section 3507 of the Paperwork would conduct expedited reviews respect to filing were revised effective Reduction Act of 1995, 44 U.S.C. pursuant to section 751(c)(3) of the July 25, 2014. See 79 FR 35920 (June 25, Chapter 35. Tariff Act of 1930 (19 U.S.C. 2014). The Commission’s Handbook on 1675(c)(3)).2 Filing Procedures, available on the Dated: May 12, 2020. For further information concerning Commission’s website at https:// Nacheshia Foxx, the conduct of these reviews and rules www.usitc.gov/documents/handbook_ Federal Liaison for the Department of Housing of general application, consult the on_filing_procedures.pdf, elaborates and Urban Development. Commission’s Rules of Practice and upon the Commission’s procedures with [FR Doc. 2020–10521 Filed 5–15–20; 8:45 am] Procedure, part 201, subparts A and B respect to filings. BILLING CODE 4210–67–P (19 CFR part 201), and part 207, In accordance with sections 201.16(c) subparts A, D, E, and F (19 CFR part and 207.3 of the rules, each document 207). filed by a party to the reviews must be INTERNATIONAL TRADE Please note the Secretary’s Office will served on all other parties to the reviews COMMISSION accept only electronic filings at this (as identified by either the public or BPI time. Filings must be made through the service list), and a certificate of service [Investigation Nos. 701–TA–510 and 731– Commission’s Electronic Document must be timely filed. The Secretary will TA–1245 (Review)] not accept a document for filing without Calcium Hypochlorite From China; 1 A record of the Commissioners’ votes, the a certificate of service. Scheduling of Expedited Five-Year Commission’s statement on adequacy, and any individual Commissioner’s statements will be 3 The Commission has found the response Reviews available from the Office of the Secretary and at the submitted by Innovative Water Care, LLC d/b/a Commission’s website. Sigura to be individually adequate. Comments from AGENCY: United States International 2 Commissioner Jason E. Kearns did not other interested parties will not be accepted (see 19 Trade Commission. participate in these determinations. CFR 207.62(d)(2)).

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Determination.—The Commission has Exportation of Firearms (Form 9), and continuing to apply on Form 9 for the determined these reviews are additional information to CBP permit. extraordinarily complicated and electronically to obtain CBP certification The Border Interagency Executive therefore has determined to exercise its of exportation. During the pilot, CBP Council, Departments of Treasury and authority to extend the review period by validated that information and Homeland Security, which oversees up to 90 days pursuant to 19 U.S.C. electronically transmitted export ITDS implementation, asked ATF to end 1675(c)(5)(B). information to ATF to satisfy CBP’s the pilot. Pilot participants can continue Authority: These reviews are being certification requirements. to function as they did while on the conducted under authority of title VII of the DATES: This notice is effective on the pilot. Participants will not notice any Tariff Act of 1930; this notice is published date of publication in the Federal differences after the pilot has ended. At pursuant to section 207.62 of the Register. some point, CBP will mandate importers Commission’s rules. and exporters to use the ACE single FOR FURTHER INFORMATION CONTACT: By order of the Commission. window; however, DHS needs all pilots National Firearms Act, Industry Issued: May 12, 2020. successfully completed to move to their Processing Branch Chief, 244 Needy Lisa Barton, next phase of implementation. The Road, Martinsburg, WV, 25045, 304– termination of the pilot will not cause Secretary to the Commission. 616–4500, [email protected]. any delays for participating exporters, [FR Doc. 2020–10537 Filed 5–15–20; 8:45 am] SUPPLEMENTARY INFORMATION: ATF and CBP will continue to transmit the BILLING CODE 7020–02–P participated in a voluntary CBP pilot certificate of exportation to ATF test of the ITDS involving the use of the electronically. PGA Message Set and ACE. See 81 FR Exporters should be aware that no DEPARTMENT OF JUSTICE 70441 (October 12, 2016). The pilot changes have been made to the allowed exporters to submit required requirement that they submit their copy Bureau of Alcohol, Tobacco, Firearms, data to CBP through ACE for the of ATF Form 9 to ATF within a six and Explosives purposes of obtaining CBP release and month period from the date of issuance [Docket No. ATF 2018R–02] receipt. CBP validated that information of the permit to export firearms. See 27 electronically, and transmitted entry CFR 479.118. International Trade Data System Test— and release information to ATF to Regina Lombardo, Cessation of Voluntary Export Pilot satisfy certification requirements. More Project than a dozen agencies participated in Acting Deputy Director. [FR Doc. 2020–10581 Filed 5–15–20; 8:45 am] AGENCY: Bureau of Alcohol, Tobacco, various pilots all of which are at BILLING CODE 4410–FY–P Firearms, and Explosives, Department of different stages of testing and Justice. implementation. In compliance with Executive Order ACTION: Notice. DEPARTMENT OF JUSTICE 13659, Streamlining the Export/Import SUMMARY: The Bureau of Alcohol, Process for America’s Businesses (79 FR Drug Enforcement Administration Tobacco, Firearms, and Explosives 10657, Feb. 25, 2014), ATF joined CBP’s (ATF) announces cessation of its pilot test and encouraged voluntary [Docket No. DEA–610] voluntary participation in a U.S. participation of U.S. exporters of Customs and Border Protection (CBP) National Firearms Act (NFA) firearms, Bulk Manufacturer of Controlled pilot test of the International Trade Data as defined under title 26, United States Substances Application: SpecGx LLC System (ITDS) for processing import Code (U.S.C.), section 5845(a)). The and export-related ATF forms and data NFA (and the implementing regulations ACTION: Notice of application. using the Partner Government Agency in title 27, Code of Federal Regulations (PGA) Message Set and the Automated (CFR), part 479, require any person DATES: Registered bulk manufacturers of Commercial Environment (ACE). The desiring to export a firearm without the affected basic class(es), and Border Interagency Executive Counsel payment of transfer tax to apply for a applicants therefore, may file written (which oversees ITDS implementation) permit (ATF Form 9). See 26 U.S.C. comments on or objections to the requires each agency to announce the 5854; 27 CFR 479.114. The approval issuance of the proposed registration on start and cessation of the required provides for deferment of tax liability. or before July 17, 2025. pilots. ATF’s participation for the In accordance with Federal regulation, ADDRESSES: Written comments should imports and exports requirements were the exporter would furnish ATF be sent to: Drug Enforcement done separately with the imports pilot evidence of the exportation of the Administration (DEA), Attention: DEA being completed in 2015. See 81 FR firearm(s) within a six-month’s period of Federal Register Representative/DPW, 60022 (August 31, 2016). This notice the date of issuance of the permit to 8701 Morrissette Drive, Springfield, now concludes ATF participation in the relieve the tax liability. See 27 CFR Virginia 22152. pilot for the exportation requirements. 479.115. After the merchandise is SUPPLEMENTARY INFORMATION: In While this notice announces the exported, CBP would execute the accordance with 21 CFR 1301.33(a), this cessation of the pilot program, CBP has certificate of exportation (Part 3 of Form is notice that on January 29, 2020, not yet announced the date that filing 9) and send a copy of the executed SpecGx LLC, 3600 North Second Street, entries in ACE will be mandatory. The certificate to ATF. See 27 CFR 479.117. Saint Louis, Missouri 63147–3457 pilot test allowed participating This pilot program allowed CBP to applied to be registered as a bulk exporters to submit ATF Form 9, transmit the certificate to ATF manufacturer of the following basic Application and Permit for Permanent electronically, with the exporter class(es) of controlled substances:

Controlled substance Drug code Schedule

Gamma Hydroxybutyric Acid ...... 2010 I

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Controlled substance Drug code Schedule

Tetrahydrocannabinols ...... 7370 I Codeine-N-oxide ...... 9053 I Dihydromorphine ...... 9145 I Difenoxin ...... 9168 I Morphine-N-oxide ...... 9307 I Normorphine ...... 9313 I Norlevorphanol ...... 9634 I Acetyl Fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide) ...... 9821 I Butyryl Fentanyl ...... 9822 I Fentanyl related-substances as defined in 21 CFR 1308.11(h) ...... 9850 I Amphetamine ...... 1100 II Methamphetamine ...... 1105 II Lisdexamfetamine ...... 1205 II Methylphenidate ...... 1724 II Nabilone ...... 7379 II 4-Anilino-N-phenethyl-4-piperidine (ANPP) ...... 8333 II Codeine ...... 9050 II Dihydrocodeine ...... 9120 II Oxycodone ...... 9143 II Hydromorphone ...... 9150 II Diphenoxylate ...... 9170 II Ecgonine ...... 9180 II Hydrocodone ...... 9193 II Levorphanol ...... 9220 II Meperidine ...... 9230 II Methadone ...... 9250 II Methadone intermediate ...... 9254 II Dextropropoxyphene, bulk (non-dosage forms) ...... 9273 II Morphine ...... 9300 II Oripavine ...... 9330 II Thebaine ...... 9333 II Opium tincture ...... 9630 II Opium, powdered ...... 9639 II Oxymorphone ...... 9652 II Noroxymorphone ...... 9668 II Alfentanil ...... 9737 II Remifentanil ...... 9739 II Sufentanil ...... 9740 II Tapentadol ...... 9780 II Fentanyl ...... 9801 II

The company plans to manufacture DEPARTMENT OF JUSTICE Morrissette Drive, Springfield, Virginia bulk active pharmaceutical ingredients 22152. All requests for a hearing must (APIs) for distribution to its customers. Drug Enforcement Administration be sent to: Drug Enforcement In reference to drug code 7370 [Docket No. DEA–646] Administration, Attn: Administrator, (Tetrahydrocannabinols), the company 8701 Morrissette Drive, Springfield, plans to bulk manufacture this drug as Importer of Controlled Substances Virginia 22152. All requests for a synthetic. No other activities for this Application: Scientific Botanical hearing should also be sent to: (1) Drug drug code is authorized for this Pharmaceutical, Inc. Enforcement Administration, Attn: registration. Hearing Clerk/OALJ, 8701 Morrissette ACTION: Notice of application. Drive, Springfield, Virginia 22152; and William T. McDermott, (2) Drug Enforcement Administration, DATES: Registered bulk manufacturers of Assistant Administrator. Attn: DEA Federal Register the affected basic class(es), and Representative/DPW, 8701 Morrissette [FR Doc. 2020–10601 Filed 5–15–20; 8:45 am] applicants therefore, may file written Drive, Springfield, Virginia 22152. BILLING CODE 4410–09–P comments on or objections to the issuance of the proposed registration on SUPPLEMENTARY INFORMATION: In or before June 17, 2020. Such persons accordance with 21 CFR 1301.34(a), this may also file a written request for a is notice that on January 27, 2017, hearing on the application on or before Scientific Botanical Pharmaceutical, June 17, 2020 Inc., 1225 West Deer Valley Road ADDRESSES: Written comments should Phoenix, Arizona 85027, applied to be be sent to: Drug Enforcement registered as an importer of the Administration, Attention: DEA Federal following basic class(es) of controlled Register Representative/DPW, 8701 substances:

Controlled substance Drug Code Schedule

Marihuana ...... 7360 I

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Controlled substance Drug Code Schedule

Tetrahydrocannabinols ...... 7370 I

The company plans to import the for the proper performance of the 2.2 hour per respondent, for an annual listed controlled substances as seeds, functions of the agency, including burden of 5,812 hours. cuttings, or other plant tissue material whether the information will have 6. An estimate of the total public in order to conduct research on genetic practical utility; burden (in hours) associated with the development and manufacturing —Evaluate the accuracy of the agency’s proposed collection: The DEA estimates processes. This notice does not estimate of the burden of the this collection takes 5,812 annual constitute an evaluation or proposed collection of information, burden hours. determination of the merits of the including the validity of the If additional information is required, company’s application. methodology and assumptions used; please contact: Melody Braswell, —Evaluate whether and if so how the Department Clearance Officer, United William T. McDermott, quality, utility, and clarity of the States Department of Justice, Justice Assistant Administrator. information proposed to be collected Management Division, Policy and [FR Doc. 2020–10625 Filed 5–15–20; 8:45 am] can be enhanced; and Planning Staff, Two Constitution BILLING CODE 4410–09–P —Minimize the burden of the collection Square, 145 N Street NE, Suite 3E.405B, of information on those who are to Washington, DC 20530. respond, including through the use of DEPARTMENT OF JUSTICE Dated: May 12, 2020. appropriate automated, electronic, Melody Braswell, [OMB Number 1117–0006] mechanical, or other forms of Department Clearance Officer for PRA, U.S. information technology, e.g., Department of Justice. Agency Information Collection permitting electronic submission of [FR Doc. 2020–10545 Filed 5–15–20; 8:45 am] Activities; Proposed eCollection, responses. eComments Requested; Revision of a BILLING CODE 4410–09–P Previously Approved Collection; The Overview of This Information Collection National Forensic Laboratory DEPARTMENT OF JUSTICE Information System Collection of 1. Type of Information Collection: Analysis Data Revision of a currently approved [OMB 1121–NEW] collection. AGENCY: Drug Enforcement Agency Information Collection 2. Title of the Form/Collection: The Administration, Department of Justice. Activities; Proposed Collection National Forensic Laboratory Comments Requested; New Data ACTION: 60-Day Notice. Information System Collection of Collection: Office for Victims of Crime Analysis Data. SUMMARY: The Department of Justice (OVC) Tribal Financial Management 3. The agency form number, if any, (DOJ), Drug Enforcement Center (TFMC) Needs Assessment and and the applicable component of the Administration (DEA), will be Evaluation OMB Package submitting the following information Department sponsoring the collection: collection request to the Office of There are no form numbers for the AGENCY: Office for Victims of Crime, Management and Budget for review and collection. The applicable component Department of Justice. approval in accordance with the within the Department of Justice is the ACTION: 60-day notice. Paperwork Reduction Act of 1995. Drug Enforcement Administration, Diversion Control Division. SUMMARY: The Department of Justice, DATES: Comments are encouraged and 4. Affected public who will be asked Office of Justice Programs, Office for will be accepted for 60 days until July or required to respond, as well as a brief Victims of Crime will submit the 17, 2020. abstract: following information collection request FOR FURTHER INFORMATION CONTACT: If Affected public (Primary): Forensic to the Office of Management and Budget you have comments, especially on the Science Laboratory Management. (OMB) for review and approval in estimated public burden or associated Affected public (Other): None. accordance with the Paperwork response time, suggestions, or need a Abstract: This collection provides the Reduction Act of 1995. The proposed copy of the proposed information Drug Enforcement Administration information collection is published to collection instrument with instructions (DEA) with a national database on obtain comments from the public and or additional information, please analyzed drug evidence from non- affected agencies. contact Scott A. Brinks, Diversion federal laboratories. Information from DATES: The purpose of this notice is to Control Division, Drug Enforcement this database is combined with the other allow for an additional 60 days for Administration; Mailing Address: 8701 existing databases to develop more public comment until July 17, 2020. Morrissette Drive, Springfield, Virginia accurate, up-to-date information on FOR FURTHER INFORMATION CONTACT: If 22152; Telephone: (571) 362–3261. abused drugs. This database represents you have additional comments SUPPLEMENTARY INFORMATION: Written a voluntary, cooperative effort on the especially on the estimated public comments and suggestions from the part of participating laboratories to burden or associated response time, public and affected agencies concerning provide a centralized source of analyzed suggestions, or need a copy of the the proposed collection of information drug data. proposed information collection are encouraged. Your comments should 5. An estimate of the total number of instrument with instructions or address one or more of the following respondents and the amount of time additional information, please contact four points: estimated for an average respondent to please contact James Simonson, —Evaluate whether the proposed respond: The DEA estimates that 2,640 Associate Director, (202) 353–9313, collection of information is necessary persons annually for this collection at Office for Victims of Crime, Office of

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Justice Programs, Department of Justice, allow for the continuous assessment of FOR FURTHER INFORMATION CONTACT: 810 7th Street NW, Washington, DC the satisfaction and outcomes of Written comments and 20530. assistance provided through OVC TFMC recommendations for the proposed SUPPLEMENTARY INFORMATION: for both monitoring and accountability information collection should be sent This process is conducted in purposes. OVC TFMC will give these within 30 days of publication of this accordance with 5 CFR 1320.10. Written forms to recipients of training and notice to www.reginfo.gov/public/do/ comments and suggestions from the technical assistance, users of the PRAMain. Find this particular public and affected agencies concerning website and the virtual support center, information collection by selecting the proposed collection of information tribal advisory council, and other ‘‘Currently under 30-day Review—Open are encouraged. Your comments should professionals assisting with, or receiving for Public Comments’’ or by using the address one or more of the following assistance from, OVC TFMC. search function. four points: 5. An estimate of the total number of SUPPLEMENTARY INFORMATION: Written D Evaluate whether the proposed respondents and the amount of time comments and suggestions from the collection of information is necessary estimated for an average respondent to public and affected agencies concerning for the proper performance of the respond: There are an estimated 9,750 the proposed collection of information functions of the agency, including respondents who will require an average are encouraged. Your comments should whether the information will have of 13 minutes to complete the needs address one or more of the following practical utility; assessment or evaluation forms (ranging four points: D Evaluate the accuracy of the from 1 to 60 minutes across evaluation —Evaluate whether the proposed agency’s estimate of the burden of the forms, interview guides, and needs collection of information is necessary proposed collection of information, assessment surveys). for the proper performance of the including the validity of the 6. An estimate of the total public functions of the agency, including methodology and assumptions used; burden (in hours) associated with the whether the information will have D Evaluate whether and if so, how the collection: The total public burden practical utility; quality, utility, and clarity of the hours for this information collection are —Evaluate the accuracy of the agency’s information to be collected can be estimated to be 3,063 hours (1,021 hours estimate of the burden of the enhanced; and annually). proposed collection of information, If additional information is required D Minimize the burden of the including the validity of the contact: Melody Braswell, Department collection of information on those who methodology and assumptions used; Clearance Officer, United States are to respond, including through the —Evaluate whether and if so how the Department of Justice, Justice use of appropriate automated, quality, utility, and clarity of the Management Division, Policy and electronic, mechanical, or other information proposed to be collected Planning Staff, Two Constitution technological collection techniques or can be enhanced; and other forms of information technology, Square, 145 N Street NE, 3E.405A, —Minimize the burden of the collection e.g., permitting electronic submission of Washington, DC 20530. of information on those who are to responses. Dated: May 12, 2020. respond, including through the use of Melody Braswell, appropriate automated, electronic, Overview of This Information mechanical, or other forms of Collection Department Clearance Officer for PRA, U.S. Department of Justice. information technology, e.g., 1. Type of information collection: [FR Doc. 2020–10543 Filed 5–15–20; 8:45 am] permitting electronic submission of New Data Collection. BILLING CODE 4410–02–P responses. 2. The title of the form/collection: OVC TFMC Needs Assessment and Overview of This Information Collection Evaluation Package. DEPARTMENT OF JUSTICE 3. The agency form number: N/A. 1. Type of Information Collection: [OMB Number 1117–0001] Office for Victims of Crime, Office of Revision of a currently approved Justice Programs, Department of Justice. Agency Information Collection collection. 4. Affected public who will be asked Activities; Proposed eCollection, 2. Title of the Form/Collection: Report or required to respond, as well as a brief eComments Requested; Revision of a of Theft or Loss of Controlled abstract: Primary Respondents: Tribal Previously Approved Collection Report Substance. agencies/entities. Other Possible of Theft or Loss of Controlled 3. The agency form number, if any, Respondents: State, Local, and Federal Substance DEA Form 106 and the applicable component of the Government; Not-for-profit institutions; Department sponsoring the collection: other Businesses. AGENCY: Drug Enforcement DEA Form 106. The applicable Abstract: OVC TFMC Needs Administration, Department of Justice. component within the Department of Assessment and Evaluation Package is ACTION: 30-day Notice. Justice is the Drug Enforcement designed to collect the data necessary to Administration, Diversion Control address two objectives. First, to provide SUMMARY: The Department of Justice Division. information about the capacity of (DOJ), Drug Enforcement 4. Affected public who will be asked American Indian and Alaska Native (AI/ Administration (DEA), will be or required to respond, as well as a brief AN) communities to manage the submitting the following information abstract: financial aspects of federal awards. This collection request to the Office of Affected public (Primary): Business or information will help OVC TFMC tailor Management and Budget (OMB) for other for-profit. its resources to support AI/AN review and approval in accordance with Affected public (Other): None. communities as they develop and the Paperwork Reduction Act of 1995. Abstract: In accordance with current maintain the capacity to successfully DATES: Comments are encouraged and 21 CFR 1301.74, a DEA registrant must manage the financial aspects of their will be accepted for 30 days until June notify the Field Division Office of the federal awards. Second, this data will 17, 2020. Administration in writing, of any theft

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or significant loss of any controlled The following change has occurred This notice announces a change in substance within one business day of since the publication of the last notice benefit payment status under the EB discovery of the theft or loss, and must regarding New York’s EB status: program for Pennsylvania. complete and send to the DEA a DEA New York’s 13-week insured The following change has occurred Form 106 upon determination of a theft unemployment rate (IUR) for the week since the publication of the last notice or significant loss. The DEA Form 106 ending April 19, 2020 was 5.27 percent, regarding Pennsylvania’s EB status: is designed to provide a uniform which exceeds 120 percent of the Pennsylvania’s 13-week insured method of reporting and recording thefts corresponding rate in the prior two years. unemployment rate (IUR) for the week and losses of controlled substances as This IUR caused New York to be triggered ending April 18, 2020 was 5.8 percent, which required by 21 U.S.C. 827, 21 CFR ‘‘on’’ to an EB period that began May 4, 2020. exceeds 120 percent of the corresponding 1301.74(c) and 1301.76(b). The form is The State will remain in an EB period for a rate in the prior two years. This IUR caused minimum of 13 weeks. entitled ‘‘Report of Theft or Loss of Pennsylvania to be triggered ‘‘on’’ to an EB Controlled Substances’’ and it is used by The trigger notice covering state period that began May 3, 2020. The State will remain in an EB period for a minimum of 13 the DEA to help determine the eligibility for the EB program can be weeks. quantities and types of controlled found at: http://oui.doleta.gov/ substances that are stolen or lost. It may unemploy/claims_arch.asp. The trigger notice covering state also serve as a record of the theft or loss eligibility for the EB program can be Information for Claimants found at: http://oui.doleta.gov/ for the registrant. The form is being _ revised to mirror the DEA Form 107, The duration of benefits payable in unemploy/claims arch.asp. entitled ‘‘Report of Theft or Loss of the EB program and the terms and Information for Claimants Listed Chemicals.’’ conditions on which they are payable The duration of benefits payable in 5. An estimate of the total number of are governed by the Federal-State the EB program and the terms and respondents and the amount of time Extended Unemployment Compensation conditions on which they are payable estimated for an average respondent to Act of 1970, as amended, and the are governed by the Federal-State respond: operating instructions issued to the Extended Unemployment Compensation Estimated Total Number of states by the U.S. Department of Labor. Act of 1970, as amended, and the Respondents: 10,693. In the case of a state beginning an EB operating instructions issued to the Total Annual Responses: 37,047. period, the State Workforce Agency will states by the U.S. Department of Labor. Average Burden per Collection: furnish a written notice of potential In the case of a state beginning an EB 0.3333 hour. entitlement to each individual who has period, the State Workforce Agency will 6. An estimate of the total public exhausted all rights to regular benefits furnish a written notice of potential burden (in hours) associated with the and is potentially eligible for EB (20 entitlement to each individual who has proposed collection: The DEA estimates CFR 615.13 (c) (1)). exhausted all rights to regular benefits that this collection takes 12,349 annual Persons who believe they may be and is potentially eligible for EB (20 burden hours. entitled to EB, or who wish to inquire CFR 615.13 (c) (1)). If additional information is required about their rights under the program, Persons who believe they may be please contact: Melody Braswell, should contact their State Workforce entitled to EB, or who wish to inquire Department Clearance Officer, United Agency. about their rights under the program, States Department of Justice, Justice FOR FURTHER INFORMATION CONTACT: U.S. should contact their State Workforce Management Division, Policy and Department of Labor, Employment and Agency. Planning Staff, Two Constitution Training Administration, Office of FOR FURTHER INFORMATION CONTACT: U.S. Square, 145 N Street NE, Suite 3E.405B, Unemployment Insurance Room S– Department of Labor, Employment and Washington, DC 20530. 4524, Attn: Kevin Stapleton, 200 Training Administration, Office of Dated: May 12, 2020. Constitution Avenue NW, Washington, Unemployment Insurance Room S– Melody Braswell, DC 20210, telephone number: (202)- 4524, Attn: Kevin Stapleton, 200 Department Clearance Officer for PRA,U.S. 693–3009 (this is not a toll-free number) Constitution Avenue NW, Washington, Department of Justice. or by email: [email protected]. DC 20210, telephone number: (202)- [FR Doc. 2020–10544 Filed 5–15–20; 8:45 am] Signed in Washington, DC. 693–3009 (this is not a toll-free number) BILLING CODE 4410–09–P John Pallasch, or by email: [email protected]. Assistant Secretary for Employment and Signed in Washington, DC. Training. John Pallasch, [FR Doc. 2020–10554 Filed 5–15–20; 8:45 am] Assistant Secretary for Employment and DEPARTMENT OF LABOR BILLING CODE 4510–FW–P Training. Employment and Training [FR Doc. 2020–10555 Filed 5–15–20; 8:45 am] BILLING CODE 4510–FW–P Administration DEPARTMENT OF LABOR Notice of a Change in Status of the Employment and Training DEPARTMENT OF LABOR Extended Benefit (EB) Program for Administration New York Employment and Training Notice of a Change in Status of the AGENCY: Employment and Training Administration Extended Benefit Program for Administration, Labor. Pennsylvania Notice of a Change in Status of the ACTION: Notice. Extended Benefit (EB) Program for AGENCY: Employment and Training Puerto Rico This notice announces a change in Administration, Labor. benefit payment status under the EB AGENCY: Employment and Training ACTION: Notice. program for New York. Administration, Labor.

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ACTION: Notice. DEPARTMENT OF LABOR DEPARTMENT OF LABOR

This notice announces a change in Employment and Training Employment and Training benefit payment status under the EB Administration Administration program for Puerto Rico. Notice of a Change in Status of the Notice of a Change in Status of the The following change has occurred Extended Benefit (EB) Program for Extended Benefit (EB) Program for since the publication of the last notice Nevada Massachusetts regarding Puerto Rico’s EB status: AGENCY: Employment and Training AGENCY: Employment and Training Puerto Rico’s 13-week insured Administration, Labor. Administration, Labor. unemployment rate (IUR) for the week ACTION: Notice. ACTION: Notice. ending April 18, 2020 was 5.20 percent, which exceeds 120 percent of the This notice announces a change in This notice announces a change in corresponding rate in the prior two years. benefit payment status under the EB benefit payment status under the EB This IUR caused Puerto Rico to be triggered program for Nevada. program for Massachusetts. ‘‘on’’ to an EB period that began May 3, 2020. The following change has occurred The following change has occurred The State will remain in an EB period for a since the publication of the last notice since the publication of the last notice minimum of 13 weeks. regarding Nevada’s EB status: regarding Massachusetts’ EB status: Massachusetts’ 13-week insured The trigger notice covering state Nevada’s 13-week insured unemployment unemployment rate (IUR) for the week rate (IUR) for the week ending April 18, 2020 eligibility for the EB program can be ending April 18, 2020 was 5.34 percent, was 5.8 percent, which exceeds 120 percent found at: http://oui.doleta.gov/ which exceeds 120 percent of the of the corresponding rate in the prior two unemploy/claims_arch.asp. corresponding rate in the prior two years. years. This IUR caused Nevada to be This IUR caused Massachusetts to be triggered ‘‘on’’ to an EB period that began Information for Claimants triggered ‘‘on’’ to an EB period that began May 3, 2020. The State will remain in an EB May 3, 2020. The State will remain in an EB The duration of benefits payable in period for a minimum of 13 weeks. period for a minimum of 13 weeks. the EB program and the terms and The trigger notice covering state The trigger notice covering state conditions on which they are payable eligibility for the EB program can be eligibility for the EB program can be are governed by the Federal-State found at: http://oui.doleta.gov/ found at: http://oui.doleta.gov/ Extended Unemployment Compensation _ unemploy/claims arch.asp. unemploy/claims_arch.asp. Act of 1970, as amended, and the operating instructions issued to the Information for Claimants Information for Claimants states by the U.S. Department of Labor. The duration of benefits payable in The duration of benefits payable in In the case of a state beginning an EB the EB program and the terms and the EB program and the terms and period, the State Workforce Agency will conditions on which they are payable conditions on which they are payable furnish a written notice of potential are governed by the Federal-State are governed by the Federal-State entitlement to each individual who has Extended Unemployment Compensation Extended Unemployment Compensation exhausted all rights to regular benefits Act of 1970, as amended, and the Act of 1970, as amended, and the and is potentially eligible for EB (20 operating instructions issued to the operating instructions issued to the CFR 615.13 (c) (1)). states by the U.S. Department of Labor. states by the U.S. Department of Labor. In the case of a state beginning an EB In the case of a state beginning an EB Persons who believe they may be period, the State Workforce Agency will period, the State Workforce Agency will entitled to EB, or who wish to inquire furnish a written notice of potential furnish a written notice of potential about their rights under the program, entitlement to each individual who has entitlement to each individual who has should contact their State Workforce exhausted all rights to regular benefits exhausted all rights to regular benefits Agency. and is potentially eligible for EB (20 and is potentially eligible for EB (20 CFR 615.13 (c) (1)). FOR FURTHER INFORMATION CONTACT: U.S. CFR 615.13 (c) (1)). Persons who believe they may be Persons who believe they may be Department of Labor, Employment and entitled to EB, or who wish to inquire entitled to EB, or who wish to inquire Training Administration, Office of about their rights under the program, about their rights under the program, Unemployment Insurance Room S– should contact their State Workforce should contact their State Workforce 4524, Attn: Kevin Stapleton, 200 Agency. Agency. Constitution Avenue NW, Washington, DC 20210, telephone number: (202)- FOR FURTHER INFORMATION CONTACT: U.S. FOR FURTHER INFORMATION CONTACT: U.S. 693–3009 (this is not a toll-free number) Department of Labor, Employment and Department of Labor, Employment and Training Administration, Office of or by email: [email protected]. Training Administration, Office of Unemployment Insurance Room S– Unemployment Insurance Room S– Signed in Washington, DC. 4524, Attn: Kevin Stapleton, 200 4524, Attn: Kevin Stapleton, 200 John Pallasch, Constitution Avenue NW, Washington, Constitution Avenue NW, Washington, Assistant Secretary for Employment and DC 20210, telephone number: (202)- DC 20210, telephone number: (202)- Training. 693–3009 (this is not a toll-free number) 693–3009 (this is not a toll-free number) [FR Doc. 2020–10557 Filed 5–15–20; 8:45 am] or by email: [email protected]. or by email: [email protected]. BILLING CODE 4510–FW–P Signed in Washington, DC. Signed in Washington, DC. John Pallasch, John Pallasch, Assistant Secretary for Employment and Assistant Secretary for Employment and Training. Training. [FR Doc. 2020–10549 Filed 5–15–20; 8:45 am] [FR Doc. 2020–10552 Filed 5–15–20; 8:45 am] BILLING CODE 4510–FW–P BILLING CODE 4510–FW–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Employment and Training Employment and Training Administration Administration Administration Notice of a Change in Status of the Notice of a Change in Status of the Notice of a Change in Status of the Extended Benefit (EB) Program for Extended Benefit (EB) Program for Extended Benefit (EB) Program for West Virginia Alaska Montana

AGENCY: Employment and Training AGENCY: Employment and Training AGENCY: Employment and Training Administration, Labor. Administration, Labor. Administration, Labor. ACTION: Notice. ACTION: Notice. ACTION: Notice. This notice announces a change in This notice announces a change in This notice announces a change in benefit payment status under the EB benefit payment status under the EB benefit payment status under the EB program for West Virginia. program for Alaska. program for Montana. The following change has occurred The following change has occurred The following change has occurred since the publication of the last notice since the publication of the last notice since the publication of the last notice regarding West Virginia’s EB status: regarding Alaska’s EB status: regarding Montana’s EB status: West Virginia’s 13-week insured Alaska’s 13-week insured unemployment Montana’s 13-week insured unemployment unemployment rate (IUR) for the week rate (IUR) for the week ending April 18, 2020 rate (IUR) for the week ending April 18, 2020 ending April 18, 2020 was 5.52 percent, was 5.93 percent, which exceeds 120 percent was 5.56 percent, which exceeds 120 percent which exceeds 120 percent of the of the corresponding rate in the prior two of the corresponding rate in the prior two corresponding rate in the prior two years. years. This IUR caused Alaska to be triggered years. This IUR caused Montana to be This IUR caused West Virginia to be triggered ‘‘on’’ to an EB period that began May 3, 2020. triggered ‘‘on’’ to an EB period that began ‘‘on’’ to an EB period that began May 3, 2020. The State will remain in an EB period for a May 3, 2020. The State will remain in an EB The State will remain in an EB period for a minimum of 13 weeks. minimum of 13 weeks. period for a minimum of 13 weeks. The trigger notice covering state The trigger notice covering state The trigger notice covering state eligibility for the EB program can be eligibility for the EB program can be eligibility for the EB program can be found at: http://oui.doleta.gov/ found at: http://oui.doleta.gov/ found at: http://oui.doleta.gov/ _ _ unemploy/claims_arch.asp. unemploy/claims arch.asp. unemploy/claims arch.asp. Information for Claimants Information for Claimants Information for Claimants The duration of benefits payable in The duration of benefits payable in The duration of benefits payable in the EB program and the terms and the EB program and the terms and the EB program and the terms and conditions on which they are payable conditions on which they are payable conditions on which they are payable are governed by the Federal-State are governed by the Federal-State are governed by the Federal-State Extended Unemployment Compensation Extended Unemployment Compensation Extended Unemployment Compensation Act of 1970, as amended, and the Act of 1970, as amended, and the Act of 1970, as amended, and the operating instructions issued to the operating instructions issued to the operating instructions issued to the states by the U.S. Department of Labor. states by the U.S. Department of Labor. states by the U.S. Department of Labor. In the case of a state beginning an EB In the case of a state beginning an EB In the case of a state beginning an EB period, the State Workforce Agency will period, the State Workforce Agency will period, the State Workforce Agency will furnish a written notice of potential furnish a written notice of potential furnish a written notice of potential entitlement to each individual who has entitlement to each individual who has entitlement to each individual who has exhausted all rights to regular benefits exhausted all rights to regular benefits exhausted all rights to regular benefits and is potentially eligible for EB (20 and is potentially eligible for EB (20 and is potentially eligible for EB (20 CFR 615.13 (c) (1)). CFR 615.13 (c) (1)). CFR 615.13 (c) (1)). Persons who believe they may be Persons who believe they may be Persons who believe they may be entitled to EB, or who wish to inquire entitled to EB, or who wish to inquire entitled to EB, or who wish to inquire about their rights under the program, about their rights under the program, about their rights under the program, should contact their State Workforce should contact their State Workforce should contact their State Workforce Agency. Agency. Agency. FOR FURTHER INFORMATION CONTACT: U.S. FOR FURTHER INFORMATION CONTACT: U.S. FOR FURTHER INFORMATION CONTACT: U.S. Department of Labor, Employment and Department of Labor, Employment and Department of Labor, Employment and Training Administration, Office of Training Administration, Office of Training Administration, Office of Unemployment Insurance Room S– Unemployment Insurance Room S– Unemployment Insurance Room S– 4524, Attn: Kevin Stapleton, 200 4524, Attn: Kevin Stapleton, 200 4524, Attn: Kevin Stapleton, 200 Constitution Avenue NW, Washington, Constitution Avenue NW, Washington, Constitution Avenue NW, Washington, DC 20210, telephone number: (202)- DC 20210, telephone number: (202) DC 20210, telephone number: (202)- 693–3009 (this is not a toll-free number) 693–3009 (this is not a toll-free number) 693–3009 (this is not a toll-free number) or by email: [email protected]. or by email: [email protected]. or by email: [email protected]. Signed in Washington, DC. Signed in Washington, DC. Signed in Washington, DC. John Pallasch, John Pallasch, John Pallasch, Assistant Secretary for Employment and Assistant Secretary for Employment and Assistant Secretary for Employment and Training. Training. Training. [FR Doc. 2020–10556 Filed 5–15–20; 8:45 am] [FR Doc. 2020–10547 Filed 5–15–20; 8:45 am] [FR Doc. 2020–10548 Filed 5–15–20; 8:45 am] BILLING CODE 4510–FW–P BILLING CODE 4510–FW–P BILLING CODE 4510–FW–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training Employment and Training Employment and Training Administration Administration Administration Notice of a Change in Status of the Notice of a Change in Status of the Notice of a Change in Status of the Extended Benefit (EB) Program for Extended Benefit (EB) Program for Extended Benefit (EB) Program for Minnesota New Jersey Washington AGENCY: Employment and Training AGENCY: Employment and Training AGENCY: Employment and Training Administration, Labor. Administration, Labor. Administration, Labor. ACTION: Notice. ACTION: Notice. ACTION: Notice. This notice announces a change in This notice announces a change in This notice announces a change in benefit payment status under the EB benefit payment status under the EB benefit payment status under the EB program for Minnesota. program for New Jersey. program for Washington. The following change has occurred The following change has occurred The following change has occurred since the publication of the last notice since the publication of the last notice since the publication of the last notice regarding Minnesota’s EB status: regarding New Jersey’s EB status: regarding Washington’s EB status: Minnesota’s 13-week insured New Jersey’s 13-week insured Washington’s 13-week insured unemployment rate (IUR) for the week unemployment rate (IUR) for the week unemployment rate (IUR) for the week ending April 18, 2020 was 5.54 percent, ending April 18, 2020 was 5.55 percent, ending April 18, 2020 was 5.74 percent, which exceeds 120 percent of the which exceeds 120 percent of the which exceeds 120 percent of the corresponding rate in the prior two years. corresponding rate in the prior two years. corresponding rate in the prior two years. This IUR caused Minnesota to be triggered This IUR caused New Jersey to be triggered This IUR caused Washington to be triggered ‘‘on’’ to an EB period that began May 3, 2020. ‘‘on’’ to an EB period that began May 3, 2020. ‘‘on’’ to an EB period that began May 3, 2020. The State will remain in an EB period for a The State will remain in an EB period for a The State will remain in an EB period for a minimum of 13 weeks. minimum of 13 weeks. minimum of 13 weeks. The trigger notice covering state The trigger notice covering state The trigger notice covering state eligibility for the EB program can be eligibility for the EB program can be eligibility for the EB program can be found at: http://oui.doleta.gov/ found at: http://oui.doleta.gov/ found at: http://oui.doleta.gov/ unemploy/claims_arch.asp. unemploy/claims_arch.asp. unemploy/claims_arch.asp. Information for Claimants Information for Claimants Information for Claimants The duration of benefits payable in The duration of benefits payable in The duration of benefits payable in the EB program and the terms and the EB program and the terms and the EB program and the terms and conditions on which they are payable conditions on which they are payable conditions on which they are payable are governed by the Federal-State are governed by the Federal-State are governed by the Federal-State Extended Unemployment Compensation Extended Unemployment Compensation Extended Unemployment Compensation Act of 1970, as amended, and the Act of 1970, as amended, and the Act of 1970, as amended, and the operating instructions issued to the operating instructions issued to the operating instructions issued to the states by the U.S. Department of Labor. states by the U.S. Department of Labor. states by the U.S. Department of Labor. In the case of a state beginning an EB In the case of a state beginning an EB In the case of a state beginning an EB period, the State Workforce Agency will period, the State Workforce Agency will period, the State Workforce Agency will furnish a written notice of potential furnish a written notice of potential furnish a written notice of potential entitlement to each individual who has entitlement to each individual who has entitlement to each individual who has exhausted all rights to regular benefits exhausted all rights to regular benefits exhausted all rights to regular benefits and is potentially eligible for EB (20 and is potentially eligible for EB (20 and is potentially eligible for EB (20 CFR 615.13(c)(1)). CFR 615.13 (c) (1)). CFR 615.13 (c) (1)). Persons who believe they may be Persons who believe they may be Persons who believe they may be entitled to EB, or who wish to inquire entitled to EB, or who wish to inquire entitled to EB, or who wish to inquire about their rights under the program, about their rights under the program, about their rights under the program, should contact their State Workforce should contact their State Workforce should contact their State Workforce Agency. Agency. Agency. FOR FURTHER INFORMATION CONTACT: U.S. FOR FURTHER INFORMATION CONTACT: U.S. FOR FURTHER INFORMATION CONTACT: U.S. Department of Labor, Employment and Department of Labor, Employment and Department of Labor, Employment and Training Administration, Office of Training Administration, Office of Training Administration, Office of Unemployment Insurance Room S– Unemployment Insurance Room S– Unemployment Insurance Room S– 4524, Attn: Kevin Stapleton, 200 4524, Attn: Kevin Stapleton, 200 4524, Attn: Kevin Stapleton, 200 Constitution Avenue NW, Washington, Constitution Avenue NW, Washington, Constitution Avenue NW, Washington, DC 20210, telephone number: (202) DC 20210, telephone number: (202)- DC 20210, telephone number: (202)- 693–3009 (this is not a toll-free number) 693–3009 (this is not a toll-free number) 693–3009 (this is not a toll-free number) or by email: [email protected]. or by email: [email protected]. or by email: [email protected]. Signed in Washington, DC. Signed in Washington, DC. Signed in Washington, DC. John Pallasch, John Pallasch, John Pallasch, Assistant Secretary for Employment and Assistant Secretary for Employment and Assistant Secretary for Employment and Training. Training. Training. [FR Doc. 2020–10551 Filed 5–15–20; 8:45 am] [FR Doc. 2020–10553 Filed 5–15–20; 8:45 am] [FR Doc. 2020–10550 Filed 5–15–20; 8:45 am] BILLING CODE 4510–FW–P BILLING CODE 4510–FW–P BILLING CODE 4510–FW–P

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR workload data. For additional substantive information about this ICR, Employment and Training Office of the Secretary see the related notice published in the Administration Federal Register on October 28, 2019 Agency Information Collection (84 FR 57769). Notice of a Change in Status of the Activities; Submission for OMB This information collection is subject Extended Benefit (EB) Program for Review; Comment Request; Benefit to the PRA. A Federal agency generally Vermont Appeals Report cannot conduct or sponsor a collection AGENCY: Employment and Training ACTION: Notice of availability; request of information, and the public is Administration, Labor. for comments. generally not required to respond to an information collection, unless the OMB ACTION: Notice. SUMMARY: The Department of Labor approves it and displays a currently This notice announces a change in (DOL) is submitting this Employment valid OMB Control Number. In addition, benefit payment status under the EB and Training Administration (ETA)- notwithstanding any other provisions of program for Vermont. sponsored information collection law, no person shall generally be subject The following change has occurred request (ICR) to the Office of to penalty for failing to comply with a since the publication of the last notice Management and Budget (OMB) for collection of information that does not regarding Vermont’s EB status: review and approval in accordance with display a valid OMB Control Number. the Paperwork Reduction Act of 1995 See 5 CFR 1320.5(a) and 1320.6. Vermont’s 13-week insured unemployment (PRA). Public comments on the ICR are DOL seeks PRA authorization for this rate (IUR) for the week ending April 18, 2020 invited. information collection for three (3) was 6.27 percent, which exceeds 120 percent of the corresponding rate in the prior two DATES: The OMB will consider all years. OMB authorization for an ICR years. This IUR caused Vermont to be written comments that agency receives cannot be for more than three (3) years triggered ‘‘on’’ to an EB period that began on or before June 17, 2020. without renewal. The DOL notes that May 3, 2020. The State will remain in an EB ADDRESSES: Written comments and information collection requirements period for a minimum of 13 weeks. recommendations for the proposed submitted to the OMB for existing ICRs The trigger notice covering state information collection should be sent receive a month-to-month extension eligibility for the EB program can be within 30 days of publication of this while they undergo review. found at: http://oui.doleta.gov/ notice to www.reginfo.gov/public/do/ Agency: DOL–ETA. unemploy/claims_arch.asp. PRAMain. Find this particular Title of Collection: Benefit Appeals information collection by selecting Report. Information for Claimants ‘‘Currently under 30-day Review—Open OMB Control Number: 1205–0172. The duration of benefits payable in for Public Comments’’ or by using the Affected Public: State, local and the EB program and the terms and search function. Tribal Governments. conditions on which they are payable Comments are invited on: (1) Whether Total Estimated Number of are governed by the Federal-State the collection of information is Respondents: 53. Total Estimated Number of Extended Unemployment Compensation necessary for the proper performance of Responses: 1,272. Act of 1970, as amended, and the the functions of the Department, Total Estimated Annual Time Burden: operating instructions issued to the including whether the information will 1,272 hours. states by the U.S. Department of Labor. have practical utility; (2) if the Total Estimated Annual Other Costs In the case of a state beginning an EB information will be processed and used in a timely manner; (3) the accuracy of Burden: $0. period, the State Workforce Agency will Authority: 44 U.S.C. 3507(a)(1)(D). furnish a written notice of potential the agency’s estimates of the burden and entitlement to each individual who has cost of the collection of information, Dated: May 8, 2020. exhausted all rights to regular benefits including the validity of the Anthony May, and is potentially eligible for EB (20 methodology and assumptions used; (4) Acting Departmental Clearance Officer. CFR 615.13(c)(1)). ways to enhance the quality, utility and [FR Doc. 2020–10560 Filed 5–15–20; 8:45 am] Persons who believe they may be clarity of the information collection; and BILLING CODE 4510–FW–P entitled to EB, or who wish to inquire (5) ways to minimize the burden of the about their rights under the program, collection of information on those who should contact their State Workforce are to respond, including the use of DEPARTMENT OF LABOR Agency. automated collection techniques or other forms of information technology. Bureau of Labor Statistics FOR FURTHER INFORMATION CONTACT: U.S. FOR FURTHER INFORMATION CONTACT: Department of Labor, Employment and Crystal Rennie by telephone at 202– Information Collection Activities; Training Administration, Office of 693–0456, or by email at DOL_PRA_ Comment Request Unemployment Insurance Room S– [email protected]. 4524, Attn: Kevin Stapleton, 200 AGENCY: Bureau of Labor Statistics, Constitution Avenue NW, Washington, SUPPLEMENTARY INFORMATION: The ETA Department of Labor. DC 20210, telephone number: (202)- 5130, Benefit Appeals Report, contains ACTION: Notice of information collection; 693–3009 (this is not a toll-free number) information on the number of appeals request for comment. or by email: [email protected]. and the resultant decisions classified by program, appeal level, cases filed and SUMMARY: The Department of Labor, as Signed in Washington, DC. disposed of (workload flow), and part of its continuing effort to reduce John Pallasch, decisions by level, appellant and issue. paperwork and respondent burden, Assistant Secretary for Employment and The data on this form are used to conducts a pre-clearance consultation Training. monitor the benefit appeals process in program to provide the general public [FR Doc. 2020–10558 Filed 5–15–20; 8:45 am] the state workforce agencies (SWAs). and Federal agencies with an BILLING CODE 4510–FW–P Data are also used for budgeting and opportunity to comment on proposed

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and/or continuing collections of family composition, educational level, responses to COVID–19 during the information in accordance with the certification and licensing status, previous 4 weeks—specifically, whether Paperwork Reduction Act of 1995. This disability status, and other respondents teleworked due to COVID– program helps to ensure that requested characteristics. Through such 19, were unable to work because an data can be provided in the desired breakdowns, one can focus on the employer closed or lost business, and format, reporting burden (time and employment situation of specific were paid for hours not worked. A financial resources) is minimized, population groups as well as on general question for people not in the labor collection instruments are clearly trends in employment and force will ask if respondents did not understood, and the impact of collection unemployment. Information of this type look for work in the previous 4 weeks requirements on respondents can be can be obtained only through because of COVID–19. In addition, properly assessed. The Bureau of Labor demographically oriented surveys such respondents will be asked whether any Statistics (BLS) is soliciting comments as the CPS. household members needed non- concerning the proposed revision of the The basic CPS data also are used as coronavirus-related medical care in the ‘‘Current Population Survey (CPS).’’ A an important platform on which to base previous 4 weeks but did not get it copy of the proposed information the data derived from the various because of the pandemic. collection request (ICR) can be obtained supplemental questions that are Also, while letters are typically sent by contacting the individual listed administered in conjunction with the to households entering the CPS sample below in the ADDRESSES section of this survey. By coupling the basic data from for the first time to inform them that notice. the monthly survey with the special they have been selected for the survey, DATES: Written comments must be data from the supplements, one can get those letters may be suspended during submitted to the office listed in the valuable insights on the behavior of periods where the Census Bureau’s ADDRESSES section of this notice on or American workers and on the social and National Processing Center, which before July 17, 2020. economic health of their families. handles mailings, is closed to help There is wide interest in the monthly prevent the spread of COVID–19. ADDRESSES: Send comments to Erin CPS data among Government These data were approved for Good, BLS Clearance Officer, Division policymakers, legislators, economists, monthly collection for 180 days under of Management Systems, Bureau of the media, and the general public. Emergency OMB Clearance Package Labor Statistics, Room 4080, 2 While the data from the CPS are used in 1220–0194, which expires on October Massachusetts Avenue NE, Washington, conjunction with data from other DC 20212. Written comments also may 31, 2020. _ _ surveys in assessing the economic be transmitted by email to BLS PRA health of the Nation, they are unique in The revision of 1220–0100 requests [email protected]. various ways. Specifically, they are the approval to extend collection of the CPS FOR FURTHER INFORMATION CONTACT: Erin basis for much of the monthly for three years, but the additional Good, BLS Clearance Officer, 202–691– Employment Situation report, a PFEI. COVID–19 data are not intended to be 7763 (this is not a toll-free number). They provide a monthly, nationally collected for that full timeframe. A non- (See ADDRESSES section.) representative measure of total substantive change request will be SUPPLEMENTARY INFORMATION: employment, including farm work, self- submitted to remove the COVID–19 employment, and unpaid family work; questions and the associated respondent I. Background other surveys are generally restricted to burden from the survey when the BLS The CPS has been the principal the nonagricultural wage and salary determines they are no longer relevant source of the official Government sector, or provide less timely to this collection. statistics on employment and information. The CPS provides data on III. Desired Focus of Comments unemployment for over 75 years. The all job seekers, and on all persons labor force information gathered outside the labor force, while payroll- The Bureau of Labor Statistics is through the survey is of paramount based surveys cannot, by definition, particularly interested in comments importance in keeping track of the cover these sectors of the population. that: • economic health of the Nation. The Finally, the CPS data on employment, Evaluate whether the proposed survey is the only source of monthly unemployment, and on persons not in collection of information is necessary data on total employment and the labor force can be linked to the for the proper performance of the unemployment. The Employment demographic characteristics of the many functions of the agency, including Situation news release contains data groups that make up the Nation’s whether the information will have from this survey and is designated as a population, while the data from other practical utility. • Principal Federal Economic Indicator surveys often have limited demographic Evaluate the accuracy of the (PFEI). Moreover, the survey also yields information. Many groups, both in the agency’s estimate of the burden of the data on the characteristics of persons government and in the private sector, proposed collection of information, not in the labor force. The CPS data are are eager to analyze this wealth of including the validity of the used monthly, in conjunction with data demographic and labor force data. methodology and assumptions used. from other sources, to analyze the extent • Enhance the quality, utility, and to which, and with what success, the II. Current Action clarity of the information to be various components of the American Office of Management and Budget collected. population are participating in the clearance is being sought for a revision • Minimize the burden of the economic life of the Nation. of the Current Population Survey (CPS). collection of information on those who The labor force data gathered through This survey is being revised to are to respond, including through the the CPS are provided to users in the temporarily add five questions to the use of appropriate automated, greatest detail possible, in conjunction Current Population Survey (CPS) to electronic, mechanical, or other with the demographic information collect data on the effects of novel technological collection techniques or obtained in the survey. In brief, the coronavirus (COVID–19) and the other forms of information technology, labor force data can be broken down by attempts to constrain the spread of the e.g., permitting electronic submissions sex, age, race, ethnicity, marital status, illness. These questions ask about of responses.

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Title: Current Population Survey desk in Suite 4E401. Individuals may January 27, 2020. The operator (CPS). inspect copies of the petition and submitted the amended petition below OMB Number: 1220–0100. comments during normal business to include in the previous petition the Type of Review: Revision of a hours at the address listed above. use of a powered respirable protection currently approved collection. MSHA will consider only comments unit called the CleanSpace EX Powered Affected Public: Households. postmarked by the U.S. Postal Service or Respirator in or inby the last open Total Respondents: 49,500 per month. proof of delivery from another delivery crosscut under the same conditions as Frequency: Monthly. service such as UPS or Federal Express was proposed for the VersafloTM TR–800 Total Responses: 594,000. on or before the deadline for comments. Intrinsically Safe Powered Air Purifying Average Time per Response: 9.6 FOR FURTHER INFORMATION CONTACT: S. Respirator (PAPR) product. minutes. Aromie Noe, Office of Standards, The petitioner states that: Estimated Total Burden Hours: 95,040 (a) Peabody currently uses the 3M hours. Regulations, and Variances at 202–693– 9557 (voice), [email protected] Airstream helmet to provide miners Total Burden Cost (capital/startup): with respirable protection against coal $0. (email), or 202–693–9441 (facsimile). [These are not toll-free numbers.] mine dust, a protection with long-term Total Burden Cost (operating/ health benefits. maintenance): $0. SUPPLEMENTARY INFORMATION: Section (b) 3M is discontinuing the Airstream Comments submitted in response to 101(c) of the Federal Mine Safety and helmet by June 1, 2020 due to this notice will be summarized and/or Health Act of 1977 and Title 30 of the disruption in their component supply, included in the request for Office of Code of Federal Regulations Part 44 but it will offer the VersafloTM TR–800 Management and Budget approval of the govern the application, processing, and Intrinsically Safe Powered Air Purifying information collection request; they also disposition of petitions for modification. Respirator (PAPR). February 2020 was will become a matter of public record. I. Background the last opportunity to order the Signed at Washington, DC, on May 8, 2020. Airstream components. Section 101(c) of the Federal Mine Mark Staniorski, (c) There are currently no replacement Safety and Health Act of 1977 (Mine PAPRs that meet the MSHA standard for Chief, Division of Management Systems. Act) allows the mine operator or [FR Doc. 2020–10561 Filed 5–15–20; 8:45 am] permissibility. representative of miners to file a (d) The VersafloTM TR–800 BILLING CODE 4510–24–P petition to modify the application of any Intrinsically Safe PAPR qualifies as mandatory safety standard to a coal or intrinsically safe in the US, Canada, and other mine if the Secretary of Labor DEPARTMENT OF LABOR countries that accept the International determines that: Electrotechnical Commissions System 1. An alternative method of achieving Mine Safety and Health Administration for Certification to Standards Relating to the result of such standard exists which Equipment for Use in Explosive Petitions for Modification of will at all times guarantee no less than Atmosphere (IECEx). However, it is not Application of Existing Mandatory the same measure of protection afforded MSHA-approved and 3M is not Safety Standards the miners of such mine by such pursuing MSHA approval. standard; or (e) Another type of PAPR called the AGENCY: Mine Safety and Health 2. The application of such standard to CleanSpace EX Power Unit, which is Administration, Labor. such mine will result in a diminution of manufactured by CleanSpace is also ACTION: Notice. safety to the miners in such mine. determined to be intrinsically safe In addition, the regulations at 30 CFR under IECEx and other countries’ SUMMARY: This notice is a summary of 44.10 and 44.11 establish the three petitions for modification standards. However, the Cleanspace EX requirements for filing petitions for Power Unit is not approved by MSHA submitted to the Mine Safety and Health modification. Administration (MSHA) by the parties and CleanSpace is not pursuing MSHA listed below. II. Petitions for Modification approval. The petitioner proposes the following DATES: All comments on the petitions Docket Number: M–2019–067–C. alternative method: must be received by MSHA’s Office of Petitioner: Peabody Twentymile (1) The operator is petitioning to use Standards, Regulations, and Variances Mining, LLC, 29515 Route County Road the VersafloTM TR–800 Intrinsically Safe on or before June 17, 2020. #27, Oak Creek, CO 80467. PAPR and the CleanSpace EX Power ADDRESSES: You may submit your Mine: Foidel Creek Mine, MSHA I.D. Unit in or inby the last open crosscut. comments, identified by ‘‘docket No. 05–03836, located in Routt County, (2) The equipment will be examined number’’ on the subject line, by any of Colorado. at least weekly by a qualified person the following methods: Regulation Affected: 30 CFR 75.500(d) according to 30 CFR 75.512–2 and 1. Electronic Mail: zzMSHA- (Permissible electric equipment). examination results will be recorded [email protected]. Include the docket Modification Request: The petitioner weekly and may be expunged after one number of the petition in the subject requests an amended petition for year. line of the message. modification of the existing standard, 30 (3) The operator will comply with 30 2. Facsimile: 202–693–9441. CFR 75.500(d), as it relates to the use of CFR 75.323. 3. Regular Mail or Hand Delivery: an alternative method of respirable dust (4) A qualified person under 30 CFR MSHA, Office of Standards, protection at the Foidel Creek mine. The 75.151 will monitor for methane as is Regulations, and Variances, 201 12th operator previously submitted a petition required in the mine. Street South, Suite 4E401, Arlington, to use a battery powered respirable (5) Qualified miners will receive Virginia 22202–5452, Attention: Roslyn protection unit called a VersafloTM TR– training regarding the information in the B. Fontaine, Acting Director, Office of 800 Intrinsically Safe Powered Air Decision and Order before using Standards, Regulations, and Variances. Purifying Respirator (PAPR) in or inby equipment in the relevant part of the Persons delivering documents are the last open crosscut, which was mine. A record of the training will be required to check in at the receptionist’s published by the Federal Register on kept and available upon request.

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(6) Within 60 days of the Decision and the last opportunity to order the Petitioner: Peabody Twentymile Order becoming finalized, the operator Airstream components. Mining, LLC, 29515 Route County Road will submit proposed revisions to 30 (c) There are currently no replacement #27, Oak Creek, CO 80467. CFR 75.370, mine ventilation, to be PAPRs that meet the MSHA standard for Mine: Foidel Creek Mine, MSHA I.D. approved under the 30 CFR part 48 permissibility. No. 05–03836, located in Routt County, training plan by the Coal Mine Safety (d) The VersafloTM TR–800 Colorado. and Health District Manager. The Intrinsically Safe PAPR qualifies as Regulation Affected: 30 CFR revisions will specify initial and intrinsically safe in the US, Canada, and 75.1002(a) (Installation of electric refresher training and when the countries that accept the International equipment and conductors; revisions are conducted, the MSHA Electrotechnical Commissions System permissibility). Certificate of Training (Form 5000–23) for Certification to Standards Relating to Modification Request: The petitioner will be completed. Comments will be Equipment for Use in Explosive requests an amended petition for made on the certificate to note non- Atmosphere (IECEx). It is not MSHA- modification of the existing standard, 30 permissible testing equipment training. approved and 3M is not currently CFR 75.1002(a), as it relates to the use (7) The operator is responsible for all pursuing approval. of an alternative method of respirable people, including contractors, using the (e) Another type of PAPR called the dust protection at the Foidel Creek above equipment. The petitioner asserts CleanSpace EX Power Unit, which is mine. The operator previously that the alternative method will manufactured by CleanSpace, is also submitted a petition to use a battery guarantee no less than the same measure determined to be intrinsically safe powered respirable protection unit TM of protection afforded the miners under under IECEx and other countries’ called a Versaflo TR–800 Intrinsically the mandatory standard. standards. However, the Cleanspace EX Safe Powered Air Purifying Respirator Docket Number: M–2019–068–C. Power Unit is not approved by MSHA (PAPR) within 150 feet of pillar Petitioner: Peabody Twentymile and CleanSpace is not pursuing MSHA workings and longwall faces, which was Mining, LLC, 29515 Route County Road approval. published by the Federal Register on #27, Oak Creek, CO 80467. The petitioner proposes the following January 27, 2020. The operator Mine: Foidel Creek Mine, MSHA I.D. alternative method: submitted the amended petition below (1) The operator is petitioning to use to include in the previous petition the No. 05–03836, located in Routt County, TM Colorado. the Versaflo TR–800 Intrinsically Safe use of a powered respirable protection PAPR and the CleanSpace EX Power Regulation Affected: 30 CFR 75.507– unit called the CleanSpace EX Powered Unit in return airways. 1(a) (Electric equipment other than Respirator within 150 feet of pillar (2) The equipment will be examined power-connection points; outby the last workings and longwall faces under the at least weekly by a qualified person open crosscut; return air; permissibility same conditions as was proposed for the according to 30 CFR 75.512–2 and TM requirements). Versaflo TR–800 Intrinsically Safe examination results will be recorded Powered Air Purifying Respirator Modification Request: The petitioner weekly and may be expunged after one (PAPR) product. requests an amended petition for year. The petitioner states that: modification of the existing standard, 30 (3) The operator will comply with 30 (a) Peabody currently uses the 3M CFR 75.507–1(a), as it relates to the use CFR 75.323. Airstream helmet to provide miners of an alternative method of respirable (4) A qualified person under 30 CFR with respirable protection against coal dust protection at the Foidel Creek 75.151 will monitor for methane as is mine dust, a protection with long-term mine. The operator previously required in the mine. health benefits. submitted a petition to use a battery (5) Qualified miners will receive (b) 3M is discontinuing the Airstream powered respirable protection unit training regarding the information in the helmet by June 1, 2020 due to TM called a Versaflo TR–800 Intrinsically Decision and Order before using disruption in their component supply Safe Powered Air Purifying Respirator equipment in the relevant part of the but it will offer the VersafloTM TR–800 (PAPR) in return airways, which was mine. A record of the training will be Intrinsically Safe Powered Air Purifying published by the Federal Register on kept and available upon request. Respirator (PAPR). February 2020 was January 27, 2020. The operator (6) Within 60 days of the Decision and the last opportunity to order the submitted the amended petition below Order becoming finalized, the operator Airstream components. to include in the previous petition the will submit proposed revisions to 30 (c) There are currently no replacement use of a powered respirable protection CFR 75.370, mine ventilation, to be PAPRs that meet the MSHA standard for unit called the CleanSpace EX Powered approved under the 30 CFR part 48 permissibility. Respirator in return airways under the training plan by the Coal Mine Safety (d) The VersafloTM TR–800 same conditions as was proposed for the and Health District Manager. The Intrinsically Safe PAPR qualifies as VersafloTM TR–800 Intrinsically Safe revisions will specify initial and intrinsically safe in the US, Canada, and Powered Air Purifying Respirator refresher training and when the countries that accept the International (PAPR) product. revisions are conducted, the MSHA Electrotechnical Commissions System The petitioner states that: Certificate of Training (Form 5000–23) for Certification to Standards Relating to (a) Peabody currently uses the 3M will be completed. Comments will be Equipment for Use in Explosive Airstream helmet to provide miners made on the certificate to note non- Atmosphere (IECEx). It is not MSHA- with respirable protection against coal permissible testing equipment training. approved and 3M is not currently mine dust, a protection with long-term (7) The operator is responsible for all pursuing approval. health benefits. people, including contractors, using the (e) Another type of PAPR called the (b) 3M is discontinuing the Airstream above equipment. The petitioner asserts CleanSpace EX Power Unit, which is helmet by June 1, 2020 due to that the alternative method will manufactured by CleanSpace, is also disruption in their component supply guarantee no less than the same measure determined to be intrinsically safe but it will offer the VersafloTM TR–800 of protection afforded the miners under under IECEx and other countries’ Intrinsically Safe Powered Air Purifying the mandatory standard. standards. However, the Cleanspace EX Respirator (PAPR). February 2020 was Docket Number: M–2019–069–C. Power Unit is not approved by MSHA

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and CleanSpace is not pursuing MSHA Allocation Phase claimants for partial with the Judges a motion requesting a approval. distribution of 2018 satellite royalty partial distribution amounting to 40% of The petitioner proposes the following funds. the 2018 satellite royalty funds on alternative method: DATES: Comments are due on or before deposit pursuant to section 801(b)(3)(C) (1) The operator is petitioning to use June 17, 2020. of the Copyright Act. That statutory the VersafloTM TR–800 Intrinsically Safe section requires that, before ruling on ADDRESSES: PAPR and the CleanSpace EX Power Interested claimants must the motion, the Judges publish a notice Unit within 150 feet of pillar workings submit timely comments using eCRB, in the Federal Register seeking and longwall faces. the Copyright Royalty Board’s online responses to the motion for partial (2) The equipment will be examined electronic filing application, at https:// distribution to ascertain whether any at least weekly by a qualified person app.crb.gov/. claimant entitled to receive the subject according to 30 CFR 75.512–2 and Instructions: All submissions must royalties has a reasonable objection to examination results will be recorded include a reference to the CRB and this the requested distribution. 17 U.S.C. weekly and may be expunged after one docket number. All submissions will be 801(b)(3)(C). year. posted without change to eCRB at Accordingly, this notice seeks (3) The operator will comply with 30 https://app.crb.gov/ including any comments from interested claimants on CFR 75.323. personal information provided. whether any reasonable objection exists (4) A qualified person under 30 CFR Docket: For access to the docket to that would preclude the distribution of 75.151 will monitor for methane as is read submitted background documents 40% of the 2018 satellite royalty funds required in the mine. or comments, go to eCRB, the Copyright to the Allocation Phase Claimants. (5) Qualified miners will receive Royalty Board’s online electronic filing Parties objecting to the proposed partial training regarding the information in the and case management system, at https:// distribution must advise the Judges of Decision and Order before using app.crb.gov/, and search for Docket No. the existence and extent of all their equipment in the relevant part of the 19–CRB–0011–SD (2018). objections by the end of the comment mine. A record of the training will be FOR FURTHER INFORMATION CONTACT: period. The Judges will not consider any kept and available upon request. Anita Blaine, CRB Program Specialist, objections with respect to the partial (6) Within 60 days of the Decision and by telephone at (202) 707–7658 or email distribution motion that come to their Order becoming finalized, the operator at [email protected]. attention after the close of the comment will submit proposed revisions to 30 SUPPLEMENTARY INFORMATION: Each year period. CFR 75.370, mine ventilation, to be satellite carriers must submit royalty Members of the public may read the approved under the 30 CFR part 48 payments to the Register of Copyrights motion by accessing the Copyright training plan by the Coal Mine Safety as required by the statutory license set Royalty Board’s electronic filing and and Health District Manager. The forth in section 119 of the Copyright Act case management system at https:// revisions will specify initial and for the retransmission to satellite app.crb.gov/and searching for Docket refresher training and when the subscribers of over-the-air television No. 19–CRB–0011–SD (2018). revisions are conducted, the MSHA broadcast signals. See 17 U.S.C. 119(b). Dated: May 13, 2020. Certificate of Training (Form 5000–23) The Copyright Royalty Judges (Judges) Jesse M. Feder, will be completed. Comments will be oversee distribution of royalties to Chief U.S. Copyright Royalty Judge. made on the certificate to note non- copyright owners whose works were permissible testing equipment training. included in a qualifying transmission [FR Doc. 2020–10608 Filed 5–15–20; 8:45 am] (7) The operator is responsible for all and who timely filed a claim for BILLING CODE 1410–72–P people, including contractors, using the royalties. above equipment. The petitioner asserts Allocation of the royalties collected LIBRARY OF CONGRESS that the alternative method will occurs in one of two ways. In the first guarantee no less than the same measure instance, the Judges may authorize Copyright Royalty Board of protection afforded the miners under distribution in accordance with a the mandatory standard. negotiated settlement among all [Docket No. 19–CRB–0010–CD (2018)] claiming parties. 17 U.S.C. 119(b)(5)(A), Roslyn Fontaine, Distribution of 2018 Cable Royalty 801(b)(3)(A). If all claimants do not Acting Director, Office of Standards, Funds reach an agreement with respect to the Regulations, and Variances. royalties, the Judges must conduct a AGENCY: Copyright Royalty Board, [FR Doc. 2020–10559 Filed 5–15–20; 8:45 am] proceeding to determine the distribution Library of Congress. BILLING CODE 4510–43–P of any royalties that remain in ACTION: Notice requesting comments. controversy. 17 U.S.C. 119(b)(5)(B), 801(b)(3)(B). Alternatively, the Judges SUMMARY: The Copyright Royalty Judges LIBRARY OF CONGRESS may, on motion of claimants and on solicit comments on a motion of notice to all interested parties, authorize Allocation Phase claimants for partial Copyright Royalty Board a partial distribution of royalties, distribution of 2018 cable royalty funds. [Docket No. 19–CRB–0011–SD (2018)] reserving on deposit sufficient funds to DATES: Comments are due on or before resolve identified disputes. 17 U.S.C. June 17, 2020. Distribution of 2018 Satellite Royalty 119(b)(5)(C), 801(b)(3)(C). Funds ADDRESSES: Interested claimants must On May 11, 2020, representatives of submit timely comments using eCRB, AGENCY: Copyright Royalty Board, all the Allocation Phase (formerly 1 Library of Congress. ‘‘Phase I’’) claimant categories filed Music, Inc., and SESAC, Inc.), and Devotional Claimants, which represent traditionally recognized ACTION: Notice requesting comments. 1 The representatives are Program Suppliers, Joint claimant categories. The Judges have not Sports Claimants, Broadcaster Claimants Group, determined, and do not by this notice determine, SUMMARY: The Copyright Royalty Judges Music Claimants (represented by American Society the universe of claimant categories for 2018 satellite solicit comments on a motion of of Composers, Authors and Publishers, Broadcast retransmission royalties.

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the Copyright Royalty Board’s online requesting a partial distribution Portions Closed to the Public: electronic filing application, at https:// amounting to 40% of the 2018 cable 1. Board Appeal. Closed pursuant to app.crb.gov/. royalty funds on deposit. That statutory Exemption (8). Instructions: All submissions must section requires that, before ruling on CONTACT PERSON FOR MORE INFORMATION: include a reference to the CRB and this the motion, the Judges publish a notice docket number. All submissions will be in the Federal Register seeking Gerard Poliquin, Secretary of the Board, posted without change to eCRB at responses to the motion for partial Telephone: 703–518–6304. https://app.crb.gov/ including any distribution to ascertain whether any Gerard Poliquin, personal information provided. claimant entitled to receive the subject Secretary of the Board. Docket: For access to the docket to royalties has a reasonable objection to [FR Doc. 2020–10729 Filed 5–14–20; 11:15 am] read submitted background documents the requested distribution. 17 U.S.C. BILLING CODE 7535–01–P or comments, go to eCRB, the Copyright 801(b)(3)(C). Royalty Board’s online electronic filing Accordingly, this notice seeks and case management system, at https:// comments from interested claimants on NATIONAL FOUNDATION ON THE app.crb.gov/, and search for Docket No. whether any reasonable objection exists ARTS AND THE HUMANITIES 19–CRB–0010–CD (2018). that would preclude the distribution of FOR FURTHER INFORMATION CONTACT: 40% of the 2018 cable royalty funds to National Endowment for the Anita Blaine, CRB Program Specialist, the requesting claimant representatives. Humanities by telephone at (202) 707–7658 or email Parties objecting to the proposed partial at [email protected]. distribution must advise the Judges of Meeting of Humanities Panel the existence and extent of all objections SUPPLEMENTARY INFORMATION: Each year AGENCY: National Endowment for the cable systems must submit royalty by the end of the comment period. The Judges will not consider any objections Humanities; National Foundation on the payments to the Register of Copyrights Arts and the Humanities. as required by the statutory license with respect to the partial distribution ACTION: Notice of meeting. detailed in section 111 of the Copyright that come to their attention after the close of the comment period. Act for the retransmission to cable SUMMARY: The National Endowment for subscribers of over-the-air television Members of the public may read the motion by accessing the Copyright the Humanities (NEH) will hold two and radio broadcast signals. See 17 meetings of the Humanities Panel, a U.S.C. 111(d). The Copyright Royalty Royalty Board’s electronic filing and case management system at https:// federal advisory committee, during June Judges (Judges) oversee distribution of 2020. The purpose of the meetings is for royalties to copyright owners whose app.crb.gov/and searching for Docket No. 19–CRB–0010–CD (2018). panel review, discussion, evaluation, works were included in a qualifying and recommendation of applications for transmission and who file a timely Dated: May 13, 2020. financial assistance under the National claim for royalties. Jesse M. Feder, Foundation on the Arts and the Allocation of the royalties collected Chief U.S. Copyright Royalty Judge. Humanities Act of 1965. occurs in one of two ways. In the first [FR Doc. 2020–10609 Filed 5–15–20; 8:45 am] DATES: See SUPPLEMENTARY INFORMATION instance, the Judges may authorize BILLING CODE 1410–72–P for meeting dates. The meetings will distribution in accordance with a open at 8:30 a.m. and will adjourn by negotiated settlement among all 5:00 p.m. on the dates specified below. claiming parties. 17 U.S.C. 111(d)(4)(A), NATIONAL CREDIT UNION ADDRESSES: The meetings will take 801(b)(3)(A). If all claimants do not ADMINISTRATION reach agreement with respect to the place by videoconference originating at Constitution Center, 400 7th Street SW, royalties, the Judges must conduct a Sunshine Act: Notice of Agency Washington, DC 20506. proceeding to determine the distribution Meeting of any royalties that remain in FOR FURTHER INFORMATION CONTACT: controversy. 17 U.S.C. 111(d)(4)(B), TIME AND DATE: 10:00 a.m., Thursday, Elizabeth Voyatzis, Committee 801(b)(3)(B). Alternatively, the Judges May 21, 2020 Management Officer, 400 7th Street SW, may, on motion of claimants and on Recess: 11:30 a.m. Room 4060, Washington, DC 20506; notice to all interested parties, authorize 11:45 a.m., Thursday, May 21, 2020. (202) 606–8322; [email protected]. a partial distribution of royalties, PLACE: Due to the COVID–19 Pandemic, SUPPLEMENTARY INFORMATION: Pursuant reserving on deposit sufficient funds to the meeting will be open to the public to section 10(a)(2) of the Federal resolve identified disputes. 17 U.S.C. via live webcast only. Visit the agency’s Advisory Committee Act (5 U.S.C. 111(d)(4)(C), 801(b)(3)(C). homepage (www.ncua.gov.) and access App.), notice is hereby given of the On May 11, 2020, representatives of the provided webcast link. following meetings: all the Allocation Phase (formerly STATUS: Parts of this meeting will be 1. DATE: June 23, 2020 ‘‘Phase I’’) claimant categories 1 filed open to the public. The rest of the This video meeting will discuss with the Judges a motion pursuant to meeting will be closed to the public. applications on the topics of the U.S. section 801(b)(3)(C) of the Copyright Act MATTERS TO BE CONSIDERED: and the Americas, for NEH-Mellon Fellowships for Digital Publication, 1 The representatives are Program Suppliers; Joint Portions Open to the Public: submitted to the Division of Research Sports Claimants; Public Television Claimants; 1. Board Briefing, Share Insurance Programs. National Association of Broadcasters; American Society of Composers, Authors and Publishers; Fund Quarterly Report. 2. DATE: June 24, 2020 Broadcast Music, Inc.; SESAC, Inc.; Canadian 2. NCUA Rules and Regulations, Joint This video meeting will discuss Claimants Group; Devotional Claimants; and Ownership Share Accounts. applications on the topics of Literature, National Public Radio, which represent 3. NCUA Rules and Regulations, Arts, and Global Studies, for NEH- traditionally recognized claimant categories. The Judges have not determined, and do not by this Overdraft Policy. Mellon Fellowships for Digital notice determine, the universe of claimant 4. NCUA Rules and Regulations, Publication, submitted to the Division of categories for 2018 cable retransmission royalties. Prompt Corrective Action. Research Programs.

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Because these meetings will include INFORMATION CONTACT section of this II. Licensee ITAAC Post-Closure review of personal and/or proprietary document. Notifications (IPCNs) financial and commercial information • NRC’s Agencywide Documents Since the last Federal Register notice given in confidence to the agency by Access and Management System of the NRC staff’s determinations of grant applicants, the meetings will be (ADAMS): You may obtain publicly successful completion of inspections, closed to the public pursuant to sections available documents online in the tests, and analyses for VEGP Units 3 and 552b(c)(4) and 552b(c)(6) of Title 5, ADAMS Public Documents collection at 4, the NRC staff has not made additional U.S.C., as amended. I have made this https://www.nrc.gov/reading-rm/ determinations of the successful determination pursuant to the authority adams.html. To begin the search, select completion of inspections, tests, and granted me by the Chairman’s ‘‘ADAMS Public Documents’’ and then analyses based on licensee IPCNs Delegation of Authority to Close select ‘‘Begin Web-based ADAMS submitted under 10 CFR 52.99(c)(2). Advisory Committee Meetings dated Search.’’ For problems with ADAMS, April 15, 2016. III. NRC Staff Determination of please contact the NRC’s Public Completion of ITAAC Dated: May 13, 2020. Document Room (PDR) reference staff at Caitlin Cater, 1–800–397–4209, 301–415–4737, or by The NRC staff has determined that the Attorney-Advisor, National Endowment for email to [email protected]. The specified inspections, tests, and the Humanities. ADAMS accession number for each analyses have been successfully [FR Doc. 2020–10610 Filed 5–15–20; 8:45 am] document referenced in this document completed, and that the specified acceptance criteria are met. The BILLING CODE 7536–01–P (if that document is available in ADAMS) is provided the first time that documentation of the NRC staff’s a document is referenced. determination is in the ITAAC Closure Verification Evaluation Form (VEF) for NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: each ITAAC. The VEF is a form that COMMISSION Cayetano Santos, Office of Nuclear represents the NRC staff’s structured [Docket Nos. 52–025 and 52–026; NRC– Reactor Regulation, U.S. Nuclear process for reviewing ICNs and IPCNs. 2008–0252] Regulatory Commission, Washington, Each ICN presents a narrative DC 20555–0001; telephone: 301–415– description of how the ITAAC was Southern Nuclear Operating Company, 7270, email: [email protected]. completed. The NRC’s ICN review Inc., Vogtle Electric Generating Plant, process involves a determination on SUPPLEMENTARY INFORMATION: Units 3 and 4, Inspections, Tests, whether, among other things: (1) Each Analyses, and Acceptance Criteria I. Licensee Notification of Completion ICN provides sufficient information, of ITAAC including a summary of the AGENCY: Nuclear Regulatory methodology used to perform the Commission. Southern Nuclear Operating ITAAC, to demonstrate that the ACTION: Determination of the successful Company, Inc. (SNC), Georgia Power inspections, tests, and analyses have completion of inspections, tests, and Company, Oglethorpe Power been successfully completed; (2) each analyses. Corporation, MEAG Power SPVM, LLC., ICN provides sufficient information to MEAG Power SPVJ, LLC., MEAG Power demonstrate that the acceptance criteria SUMMARY: The U.S. Nuclear Regulatory SPVP, LLC., and the City of Dalton, of the ITAAC are met; and (3) any NRC Commission (NRC) staff has determined Georgia, (hereafter called the licensee) inspections for the ITAAC have been that specified inspections, tests, and has submitted ITAAC closure completed and any ITAAC findings analyses have been successfully notifications (ICNs) under § 52.99(c)(1) associated with that ITAAC have been completed, and that specified of title 10 of the Code of Federal closed. The NRC’s review process for acceptance criteria are met for the Regulations (10 CFR), informing the IPCNs is similar to that for ICNs but Vogtle Electric Generating Plant (VEGP), NRC that the licensee has successfully focuses on how the licensee addressed Units 3 and 4. performed the required inspections, the new, material information giving DATES: Determinations of the successful tests, and analyses, and that the rise to the IPCN. completion of inspections, tests, and acceptance criteria are met for: The NRC staff’s determination of the analyses for VEGP Units 3 and 4 are successful completion of these ITAAC is VEGP Unit 3 ITAAC effective on the dates indicated in the based on information available at this NRC staff’s verification evaluation forms 2.1.02.08d.iv (35), 2.1.02.12a.ix (61), time and is subject to the licensee’s for the inspections, tests, analyses, and 2.1.03.02a (69), 2.2.03.08c.i.02 (178), ability to maintain the condition that acceptance criteria (ITAAC). 3.3.00.06a (787), and E.3.9.05.01.04 the acceptance criteria are met. If the ADDRESSES: Please refer to Docket ID (852). NRC staff receives new information that NRC–2008–0252 when contacting the suggests the NRC staff’s determination NRC about the availability of VEGP Unit 4 ITAAC on any of these ITAAC is incorrect, then information regarding this document. the NRC staff will determine whether to You may obtain publicly-available 2.1.02.08d.iv (35), 2.1.02.12a.ix (61), reopen that ITAAC (including information related to this document 2.1.03.02a (69), 2.2.03.08b.02 (176), withdrawing the NRC staff’s using any of the following methods: 2.2.03.08c.iv.04 (186), 2.5.02.11 (550), determination on that ITAAC). The NRC • Federal Rulemaking website: Go to 3.3.00.06a (787), and 2.2.05.07e (880). staff’s determination will be used to https://www.regulations.gov and search The ITAAC for VEGP Unit 3 are in support a subsequent finding, pursuant for Docket ID NRC–2008–0252. Address Appendix C of the VEGP Unit 3 to 10 CFR 52.103(g), at the end of questions about NRC dockets to Jennifer combined license (ADAMS Accession construction that all acceptance criteria Borges; telephone: 301–287–9127; No. ML14100A106). The ITAAC for in the combined license are met. The email: [email protected]. For VEGP Unit 4 are in Appendix C of VEGP ITAAC closure process is not finalized technical questions, contact the Unit 4 combined license (ADAMS for these ITAAC until the NRC makes an individual listed in the FOR FURTHER Accession No. ML14100A135). affirmative finding under 10 CFR

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52.103(g). Any future updates to the Week of May 25, 2020—Tentative NUCLEAR REGULATORY status of these ITAAC will be reflected COMMISSION on the NRC’s website at https:// There are no meetings scheduled for the week of May 25, 2020. www.nrc.gov/reactors/new-reactors/ [Docket No. 50–440; NRC–2020–0114] oversight/itaac.html. Week of June 1, 2020—Tentative This notice fulfills the NRC staff’s Energy Harbor Nuclear Corp.; Energy obligations under 10 CFR 52.99(e)(1) to There are no meetings scheduled for Harbor Nuclear Generation LLC; Perry publish a notice in the Federal Register the week of June 1, 2020. Nuclear Power Plant, Unit No. 1 of the NRC staff’s determination of the Week of June 8, 2020—Tentative successful completion of inspections, AGENCY: Nuclear Regulatory Commission. tests, and analyses. There are no meetings scheduled for ACTION: Exemption; issuance. Vogtle Electric Generating Plant Unit 3, the week of June 8, 2020. Docket No. 5200025 Week of June 15, 2020—Tentative SUMMARY: The U.S. Nuclear Regulatory A complete list of the review status Commission (NRC) has issued a There are no meetings scheduled for for VEGP Unit 3 ITAAC, including the temporary exemption from certain the week of June 15, 2020. submission date and ADAMS Accession periodic training and requalification Number for each ICN received, the Week of June 22, 2020—Tentative requirements for security personnel at ADAMS Accession Number for each the Perry Nuclear Power Plant, Unit No. VEF, and the ADAMS Accession There are no meetings scheduled for 1, in response to an April 24, 2020, Numbers for the inspection reports the week of June 22, 2020. request, as supplemented on May 6, 2020, from Energy Harbor Nuclear Corp. associated with these specific ITAAC, CONTACT PERSON FOR MORE INFORMATION: DATES: can be found on the NRC’s website at For more information or to verify the The temporary exemption was https://www.nrc.gov/reactors/new- status of meetings, contact Denise issued on May 11, 2020. reactors/new-licensing-files/vog3- McGovern at 301–415–0681 or via email ADDRESSES: Please refer to Docket ID icnsr.pdf. at [email protected]. The NRC–2020–0114. You may obtain Vogtle Electric Generating Plant Unit 4, schedule for Commission meetings is publicly-available information related to Docket No. 5200026 subject to change on short notice. this document using any of the following methods: The NRC Commission Meeting A complete list of the review status • Federal Rulemaking website: Go to Schedule can be found on the internet for VEGP Unit 4 ITAAC, including the https://www.regulations.gov and search at: https://www.nrc.gov/public-involve/ submission date and ADAMS accession for Docket ID NRC–2020–0114. Address public-meetings/schedule.html. number for each ICN and IPCN received, questions about NRC docket IDs in the ADAMS accession number for each The NRC provides reasonable Regulations.gov to Jennifer Borges; VEF, and the ADAMS accession accommodation to individuals with telephone: 301–287–9127; email: numbers for the inspection reports disabilities where appropriate. If you [email protected]. For technical associated with these specific ITAAC, need a reasonable accommodation to questions, contact the individual listed can be found on the NRC’s website at participate in these public meetings or in the FOR FURTHER INFORMATION https://www.nrc.gov/reactors/new- need this meeting notice or the CONTACT section of this document. reactors/new-licensing-files/vog4- transcript or other information from the • NRC’s Agencywide Documents icnsr.pdf. public meetings in another format (e.g., Access and Management System Dated: May 13, 2020. braille, large print), please notify Anne (ADAMS): You may obtain publicly- For the Nuclear Regulatory Commission. Silk, NRC Disability Program Specialist, available documents online in the Victor E. Hall, at 301–287–0745, by videophone at ADAMS Public Documents collection at Chief, Vogtle Project Office, Office of Nuclear 240–428–3217, or by email at https://www.nrc.gov/reading-rm/ Reactor Regulation. [email protected]. Determinations on adams.html. To begin the search, select [FR Doc. 2020–10584 Filed 5–15–20; 8:45 am] requests for reasonable accommodation ‘‘Begin Web-based ADAMS Search.’’ For will be made on a case-by-case basis. problems with ADAMS, please contact BILLING CODE 7590–01–P Members of the public may request to the NRC’s Public Document Room (PDR) receive this information electronically. reference staff at 1–800–397–4209, 301– NUCLEAR REGULATORY If you would like to be added to the 415–4737, or by email to pdr.resource@ COMMISSION distribution, please contact the Nuclear nrc.gov. The ADAMS accession number Regulatory Commission, Office of the for each document referenced (if it is available in ADAMS) is provided the [NRC–2020–0001] Secretary, Washington, DC 20555 (301– 415–1969), or by email at first time that it is mentioned in this Sunshine Act Meetings [email protected] or Tyesha.Bush@ document. The NRC staff’s approval is nrc.gov. available in ADAMS under Accession No. ML20119A051. TIME AND DATE: Weeks of May 18, 25, The NRC is holding the meetings June 1, 8, 15, 22, 2020. under the authority of the Government FOR FURTHER INFORMATION CONTACT: PLACE: Commissioners’ Conference in the Sunshine Act, 5 U.S.C. 552b. Scott P. Wall, Office of Nuclear Reactor Room, 11555 Rockville Pike, Rockville, Regulation, U.S. Nuclear Regulatory Dated: May 14, 2020. Maryland. Commission, Washington DC 20555– For the Nuclear Regulatory Commission. 0001; telephone: 301–415–2855, email: STATUS: Public. Denise L. McGovern, [email protected]. Week of May 18, 2020 Policy Coordinator, Office of the Secretary. SUPPLEMENTARY INFORMATION: The text of There are no meetings scheduled for [FR Doc. 2020–10743 Filed 5–14–20; 4:15 pm] the exemption is attached. the week of May 18, 2020. BILLING CODE 7590–01–P Dated: May 12, 2020.

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For the Nuclear Regulatory Commission. • Paragraph C.3.(l)(1) in part: ‘‘Each paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3), Scott P. Wall, member of each shift who is assigned D.2.(a), E.1.(c), E.1.(f), and F.5.(a) of 10 Project Manager, Plant Licensing Branch III, duties and responsibilities required to CFR part 73, Appendix B, Section VI, Division of Operating Reactor Licensing, implement the safeguards contingency related to the periodic training and Office of Nuclear Reactor Regulation. plan and licensee protective strategy requalification of security personnel, pursuant to 10 CFR 73.5. EHNC is Attachment—Exemption participates in at least one (1) tactical response drill on a quarterly basis and requesting this temporary exemption to NUCLEAR REGULATORY one (1) force-on-force exercise on an support licensee isolation activities COMMISSION annual basis.’’ (e.g., social distancing, group size • Docket No. 50–440 Paragraph D.1.(b)(3) in part: limitations, and self-quarantining) to ‘‘Armed individuals shall be help protect required site personnel Energy Harbor Nuclear Corp.; Energy administered an annual written exam from the COVID–19 virus and ensure Harbor Nuclear Generation LLC; Perry that demonstrates the required personnel remain capable of Nuclear Power Plant, Unit No. 1 knowledge, skills, and abilities to carry maintaining plant security. EHNC stated Exemption out assigned duties and responsibilities that these ‘‘isolation activities restrict as an armed member of the security certain training activities.’’ Notably, I. Background organization.’’ EHNC stated that: ‘‘Range activities are • Energy Harbor Nuclear Corp. (EHNC) Paragraph D.2.(a): ‘‘Armed and challenged by current social distancing and Energy Harbor Nuclear Generation unarmed individuals shall be and safety guidelines relevant to LLC (collectively, the licensees) are the requalified at least annually in COVID–19 response standards. holders of the Facility Operating accordance with the requirements of Weapons range activities require License No. NPF–58 for Perry Nuclear this appendix [10 CFR part 73, significant staff support that potentially Power Plant, Unit No. 1 (PNPP), which Appendix B] and the Commission- places armed individuals in the Energy consists of a boiling-water reactor approved training and qualification Harbor Nuclear Corp. security plan.’’ organization and other security staff in (BWR) located near Lake Erie in Lake • County, Ohio. The license provides, Paragraph E.1.(c): ‘‘The licensee close proximity to one another, among other things, that the facility is shall conduct annual firearms increasing the likelihood of staff and subject to all rules, regulations, and familiarization training in accordance officer exposure to COVID–19. Range orders of the U.S. Nuclear Regulatory with the Commission-approved training activities present additional hygiene and qualification plan.’’ issues relevant to range facilities during Commission (NRC, Commission) now or • hereafter in effect. Paragraph E.1.(f) in part: ‘‘Armed the PHE.’’ members of the security organization EHNC also stated that the requested II. Request/Action shall participate in weapons range exemption does not change physical security plans or defensive strategy. By letter dated April 24, 2020 activities on a nominal four (4) month More specifically, EHNC stated that (Agencywide Documents Access and periodicity.’’ • Paragraph F.5.(a): ‘‘Armed members security personnel impacted by this Management System (ADAMS) of the security organization shall be re- exemption are currently satisfactorily Accession No. ML20115E551), as qualified for each assigned weapon at qualified on all required tasks and are supplemented by letter dated May 6, least annually in accordance with monitored regularly by supervisory 2020 (ADAMS Accession No. Commission requirements and the personnel. ML20128J218), EHNC requested a Commission-approved training and temporary exemption from certain Licensee Provided Controls to Maintain qualification plan, and the results periodic requalification requirements the Knowledge, Skills, and Abilities of documented and retained as a record.’’ Security Personnel for security personnel in Title 10 of the EHNC requested that this temporary Code of Federal Regulations (10 CFR), exemption expire 90 days after the end EHNC has identified controls that part 73, Appendix B, Section VI, of the COVID–19 PHE, or December 31, have been or will be implemented at ‘‘Nuclear Power Reactor Training and 2020, whichever occurs first. PNPP to ensure impacted security Qualification Plan for Personnel personnel maintain the knowledge, Performing Security Program Duties,’’ III. Discussion skills, and abilities required to pursuant to 10 CFR 73.5, ‘‘Specific On January 31, 2020, the U.S. effectively perform assigned duties and exemptions.’’ Specifically, due to the Department of Health and Human responsibilities during the period of this Coronavirus Disease 2019 (COVID–19) Services declared a PHE for the United temporary exemption (i.e., up to 90 days public health emergency (PHE) States to aid the nation’s healthcare following the end of the COVID–19 currently affecting the United States and community in responding to COVID–19. PHE, or December 31, 2020, whichever the state of emergency declared by the On March 11, 2020, the COVID–19 occurs first). A discussion of how these State of Ohio on March 9, 2020, EHNC outbreak was characterized as a controls relate to the current requests a temporary exemption from pandemic by the World Health requirements is provided below: the following requirements in 10 CFR Organization. 1. Paragraph B.5.(a) of 10 CFR 73, part 73, Appendix B, Section VI, related Pursuant to 10 CFR 73.5, the Appendix B, Section VI: The purpose of to periodic training and requalification Commission may, upon application by the annual physical requirements in of security personnel at PNPP: any interested person or upon its own paragraph B.5.(a) is to ensure armed and • Paragraph B.5.(a): ‘‘At least initiative, grant exemptions from the unarmed members of the licensee’s annually, armed and unarmed requirements of 10 CFR part 73 when security organization are capable of individuals shall be required to the exemptions are authorized by law, performing their assigned duties demonstrate the capability to meet the will not endanger life or property or the necessary for implementing the physical requirements of this appendix common defense and security, and are licensee’s Commission-approved [10 CFR part 73, Appendix B] and the otherwise in the public interest. security plans, protective strategy, and licensee training and qualification EHNC is requesting a temporary implementing procedures. To help plan.’’ exemption from the requirements in ensure impacted security personnel

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maintain the knowledge, skills, and the weapons range activity is to ensure B. The Exemption Will Not Endanger abilities required to effectively perform that armed individuals in the licensee’s Life or Property or the Common Defense assigned duties and responsibilities at security organization maintain weapons and Security PNPP, EHNC has established measures proficiency in support of the licensee’s EHNC stated that the requested ‘‘to ensure security personnel self-report physical protection program. To help exemptions will not endanger life or and notify supervision or medical ensure impacted security personnel property or the common defense and personnel, as appropriate, of changes maintain the knowledge, skills, and security. The requested exemption related to their physical fitness that abilities required to effectively perform would temporarily allow the identified could impact their ability to perform assigned duties and responsibilities at security training and requalification their respective job function.’’ PNPP, EHNC stated that it ‘‘will requirements to be deferred for security 2. Paragraph C.3.(l)(1) of 10 CFR 73, establish measures to ensure that personnel currently satisfactorily Appendix B, Section VI: The purpose of individuals maintain performance qualified at PNPP. EHNC indicated that the quarterly tactical drills and the capability despite not completing although it had scheduled these annual licensee conducted force-on- weapons range activities on a nominal requalification activities to comply with force exercises is to ensure that the site four-month periodicity. Those measures the regulation, these activities must be security force maintains its contingency include discussion topics regarding rescheduled to allow implementation of response readiness. Participation in relevant range activities and are based the EHNC pandemic response plan these drills and exercises also supports on range training lesson plan objectives the requalification of security force mitigation strategies. EHNC asserts that to maintain knowledge of weapon these strategies serve the public interest members. To help ensure impacted performance requirements.’’ security personnel maintain the by ensuring adequate staff isolation and maintaining staff health to perform their knowledge, skills, and abilities required Restoring Compliance with 10 CFR 73, job function actions during the COVID– to effectively perform assigned duties Appendix B, Section VI and responsibilities at PNPP, EHNC 19 PHE. described the measures it is taking to EHNC requested that this exemption EHNC stated that the requested ensure contingency response readiness. expire 90 days after the end of the exemption is related to training These measures are: Conducting COVID–19 PHE, or December 31, 2020, requalification and does not change individual table top discussions during whichever occurs first. EHNC indicates physical security plans or defensive the shift and review of response that the additional time period after the strategy. EHNC stated that security locations with adherence to social end of the COVID–19 PHE will be used personnel impacted by the requested distancing standards; providing officers to restore compliance with the periodic exemption are currently satisfactorily with shift discussion topics utilizing security training and requalification qualified on all required tasks. EHNC lessons learned from previous exercises requirements at PNPP. To support also stated that security personnel are and based on training lesson plans/ restoring compliance with these monitored regularly by supervisory material objectives; and providing for requirements, EHNC stated that it will personnel. As discussed above, EHNC officer follow up questions and answers maintain a list with the names of the identified controls that have been or relevant to the focus topics with individuals that do not meet the will be implemented at PNPP to ensure adherence to social distancing periodic security requalification impacted security personnel maintain standards. requirements, including the date(s) the knowledge, skills, and abilities 3. Paragraphs D.1.(b)(3), D.2.(a), when each individual exceeds the required to effectively perform assigned E.1.(c), and F.5.(a) of 10 CFR 73, required training periodicities. It is the duties and responsibilities. Therefore, Appendix B, Section VI: The purpose of NRC’s expectation that any annual EHNC stated that granting the requested the annual requalification requirements licensee-conducted force-on-force temporary exemption will not endanger is to ensure the licensee’s armed and exercises that are delayed will be or compromise the common defense or unarmed individuals possess the rescheduled so that they are completed security or the safeguarding of PNPP. EHNC requested that the exemption requisite knowledge, skills, and abilities after the PHE ends. Security personnel expire 90 days after the end of the to effectively perform assigned duties in that miss one or more quarterly tactical COVID–19 PHE, or December 31, 2020, accordance with the Commission- drills during the period of the whichever occurs first. EHNC stated that approved security plans, protective exemption would need to resume this timeframe is needed for it to restore strategy, and implementing procedures participation in those drills after the compliance with the periodic security for the site. To help ensure impacted exemption expires. security personnel maintain the training and requalification knowledge, skills, and abilities required A. The Exemption is Authorized by Law requirements at PNPP. to effectively perform assigned duties The NRC staff finds that the controls and responsibilities at PNPP, EHNC EHNC is requesting an exemption EHNC has or will establish for the stated that it ‘‘has established measures from the requirements related to duration of the exemption are adequate to ensure that individuals maintain periodic training and requalification of to ensure that the required security performance capability despite not security personnel in paragraphs B.5.(a), posture at PNPP is maintained. These completing the annual requalification C.3.(l)(1), D.1.(b)(3), D.2.(a), E.1.(c), controls are adequate because they for the annual written exam, firearms E.1.(f), and F.5.(a) of 10 CFR part 73, include a variety of mechanisms to help familiarization and weapons Appendix B, Section VI. In accordance ensure impacted security personnel requalification.’’ These measures with 10 CFR 73.5, the Commission may continue to maintain the knowledge, include lesson plan objective-based grant exemptions from the regulations skills, and abilities required to perform discussions topics regarding critical in 10 CFR part 73, as authorized by law. assigned duties and responsibilities, and tasks necessary for performance of The NRC staff finds that granting the as a result, will continue to ensure security duties and regarding the proposed exemptions will not result in adequate security of PNPP. In addition, fundamentals of marksmanship. a violation of the Atomic Energy Act of the requested duration of the exemption 4. Paragraph E.1.(f) of 10 CFR 73, 1954, as amended, or other laws, and is, would allow EHNC time to restore Appendix B, Section VI: The purpose of thus, authorized by law. normal requalification processes at

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PNPP in a systematic manner. For implementation of the EHNC pandemic not alter any of the assumptions or example, it may take time after the PHE response plan mitigation strategies. In limits in the facility licensee’s safety has ended for security personnel addition, EHNC indicated that this analysis. In addition, the NRC staff affected by COVID–19 to fully recover exemption would support the licensee’s determined that there would be no and return to duty status. Based on the implementation of isolation activities significant impacts to biota, water above, the NRC staff concludes that the (e.g., social distancing, group size resources, historic properties, cultural proposed exemption would not limitations, and self-quarantining) at resources, or socioeconomic conditions endanger life or property or the common PNPP. EHNC stated these actions serve in the region. As such, there are no defense and security. the public interest by ensuring adequate special circumstances present that staff isolation and maintaining staff would preclude reliance on this C. Otherwise in the Public Interest health to perform their job function categorical exclusion. Therefore, On April 17, 2020, the Cybersecurity during the COVID–19 PHE. pursuant to 10 CFR 51.22(b), no & Infrastructure Security Agency (CISA) Based on the above and the NRC environmental impact statement or within the U.S. Department of staff’s aforementioned findings, the NRC environmental assessment need be Homeland Security (DHS) published staff concludes that granting the prepared in connection with the Version 3.0 of its ‘‘Guidance on the temporary exemption is in the public approval of this exemption request. Essential Critical Infrastructure interest because it allows EHNC to Workforce: Ensuring Community and maintain the required security posture IV. Conclusions National Resilience in COVID–19 at PNPP while the facility continues to Accordingly, the NRC has determined Response.’’ Although that guidance is provide electrical power. The that pursuant to 10 CFR part 73.5, the advisory in nature, it is designed to exemption also enables EHNC to reduce exemption is authorized by law, will not ensure ‘‘continuity of functions critical the risk of exposing essential security endanger life or property or the common to public health and safety, as well as personnel at PNPP to COVID–19. defense and security, and is otherwise economic and national security.’’ In D. Environmental Considerations in the public interest. Therefore, the addition, the Centers for Disease Control Commission hereby grants EHNC’s and Prevention (CDC) has issued NRC approval of this exemption request to exempt PNPP from the recommendations (e.g., social request is categorically excluded under requirements for periodic distancing, limiting assemblies) to limit 10 CFR 51.22(c)(25), and there are no requalification of security personnel in the spread of COVID–19. special circumstances present that paragraphs B.5.(a), C.3.(l)(1), D.1.(b)(3), EHNC states, in part, that: would preclude reliance on this D.2.(a), E.1.(c), E.1.(f), and F.5.(a) of 10 The Energy Harbor Nuclear Corp. exclusion. The NRC staff determined, CFR part 73, Appendix B, Section VI. pandemic response plan is based on [the per 10 CFR 51.22(c)(25)(vi)(E), that the This exemption expires 90 days after the requirements from which the exemption Nuclear Energy Institute (NEI) guidance end of the COVID–19 PHE, or December is sought involve education, training, document] NEI 06–03, Pandemic Threat 31, 2020, whichever occurs first. Planning, Preparation, and Response experience, qualification, Reference Guide (Reference 4), which requalification, or other employment Dated: May 11, 2020. recommends isolation strategies such as suitability requirements. The NRC staff For the Nuclear Regulatory Commission. sequestering, use of super crews or minimum also determined that approval of this Craig G. Erlanger, staffing as well as social distancing, group exemption request involves no Director, Division of Operating Reactor size limitations and self-quarantining, in the significant hazards consideration Licensing, Office of Nuclear Reactor event of a pandemic, to prevent the spread Regulation. of the virus to the plant. NEI 06–03 provides because it does not authorize any other mitigation strategies that serve the physical changes to the facility or any [FR Doc. 2020–10527 Filed 5–15–20; 8:45 am] public interest during a pandemic by of its safety systems, nor does it change BILLING CODE 7590–01–P ensuring adequate staff is isolated from the any of the assumptions or limits used in pandemic and remains healthy to perform the facility licensee’s safety analyses or their job function. introduce any new failure modes; no SECURITIES AND EXCHANGE Keeping PNPP in operation during the significant change in the types or COMMISSION pandemic will help to support the public significant increase in the amounts of need for reliable electricity supply to cope any effluents that may be released with the pandemic. As the US Departments [Release No. 34–88859; File No. SR– of Homeland Security and Energy have stated offsite because this exemption does not PEARL–2020–03] in their guidance, the electric grid and affect any effluent release limits as nuclear plant operation make up the nation’s provided in the facility licensee’s Self-Regulatory Organizations; MIAX critical infrastructure similar to the medical, technical specifications or by the PEARL, LLC; Notice of Filing of food, communications, and other critical regulations in 10 CFR part 20, Amendment No. 1 and Order Instituting industries. If the plant operation is impacted ‘‘Standards for Protection Against Proceedings To Determine Whether To because it cannot comply with the security Radiation’’; no significant increase in training requalification requirements while Approve or Disapprove a Proposed individual or cumulative public or Rule Change, as Modified by isolation activities are in effect for essential occupational radiation exposure crew members, the area electrical grid would Amendment No. 1, To Establish Rules lose this reliable source of baseload power. because this exemption does not affect Governing the Trading of Equity In addition, PNPP personnel could face the limits on the release of any radioactive Securities added transient challenge of shutting down material or the limits provided in 10 their respective plant and possibly not CFR part 20 for radiation exposure to May 12, 2020. restarting it until the pandemic passes. This workers or members of the public; no I. Introduction does not serve the public interest in significant construction impact because maintaining a safe and reliable supply of this exemption does not involve any On January 24, 2020, MIAX PEARL, electricity. changes to a construction permit; and LLC (‘‘MIAX PEARL’’ or ‘‘Exchange’’) EHNC stated that the requalification no significant increase in the potential filed with the Securities and Exchange activities for security personnel at PNPP for or consequences from radiological Commission (‘‘Commission’’), pursuant must be rescheduled to allow accidents because this exemption does to Section 19(b)(1) of the Securities

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Exchange Act of 1934 (‘‘Act’’) 1 and Rule rules (‘‘MIAX PEARL Equities Rules’’) on behalf of customers.14 OEFs are 19b–4 thereunder,2 a proposed rule and regulatory requirements described Equity Members representing orders as change to adopt rules to govern the below. This description summarizes but agent on MIAX PEARL Equities or non- trading of cash equities and establish an does not review every detail of the Equities Market Makers conducting equities trading facility of the Exchange. proposal, as modified by Amendment proprietary trading as principal.15 An The proposed rule change was No. 1. Equity Member may also register as an published for comment in the Federal Equities Market Maker by filing a A. MIAX PEARL Equity Members Register on February 12, 2020.3 On registration request with the March 25, 2020, the Commission As proposed, MIAX PEARL Equities Exchange.16 extended the time period within which will operate an electronic trading An Equity Member registered as an to approve the proposed rule change, system for equity securities (the Equities Market Maker would be disapprove the proposed rule change, or ‘‘System’’) that will provide for the required to engage in a course of dealing institute proceedings to determine electronic execution of orders pursuant for its own account and to assist in the whether to approve or disapprove the to a price/time priority execution maintenance of a fair and orderly proposed rule change, to May 12, 2020.4 model.7 The Exchange will have a new market.17 Among other things, each On May 8, 2020, the Exchange filed category of Exchange Member Equities Market Maker must, on a daily Amendment No. 1 to the proposed rule participation called ‘‘Equity Member.’’ 8 basis, maintain a two-sided market on a change.5 The Commission has received As proposed, an Equity Member must continuous basis during regular market no comments on the proposed rule be or become a member of the Exchange hours for each equity security in which change. pursuant to Chapter II (Access) and it is registered as an Equities Market The Commission is publishing this continue to abide by the requirements of Maker.18 Equities Market Makers may notice and order to solicit comments on Chapter II of Exchange Rules and the withdraw their quotations,19 and may the proposed rule change, as modified additional requirements of Chapter XX voluntarily terminate their registration by Amendment No. 1, from interested governing participation in MIAX PEARL with the Exchange.20 Pursuant to the persons and to institute proceedings Equities.9 An Equity Member must also existing procedures set forth in Chapter pursuant to Section 19(b)(2)(B) of the be a member of another registered IX of current Exchange Rules, the 6 Act to determine whether to approve exchange that is not registered solely Exchange could suspend, condition, or disapprove the proposed rule change, under Section 6(g) of the Exchange Act, limit, prohibit or terminate the authority as modified by Amendment No. 1. or be a member of FINRA.10 Further, an of an Equities Market Maker to enter II. Description of the Proposed Rule Equity Member that transacts business quotations in one or more authorized Change, as Modified by Amendment with public customers must at all times securities for violations of applicable No. 1 be a member of FINRA.11 requirements or prohibitions.21 There would be two types of Equity As more fully set forth in the Notice While using the System, Equity Members: (1) Equities Order Entry Firms and Amendment No. 1, and summarized Members and persons employed by or (‘‘OEFs’’) and (2) Equities Market below, the Exchange proposes to associated with any Equity Member Makers. Each Equity Member must be establish a platform for the trading of would be prohibited from conduct that registered as a broker-dealer and have as cash equity securities (referred to herein is: (1) Inconsistent with the the principal purpose of being an Equity as ‘‘MIAX PEARL Equities’’) to be maintenance of a fair and orderly Member the conduct of a securities regulated as an equities trading facility market; (2) apt to impair public business, which shall be deemed to of the Exchange. MIAX PEARL Equities confidence in the operations of the exist if and so long as: (1) The Equity would operate pursuant to the proposed Exchange; or (3) inconsistent with the Member has qualified and acts in ordinary and efficient conduct of 22 1 15 U.S.C. 78s(b)(1). respect of its business on MIAX PEARL business. Should any such conduct 2 17 CFR 240.19b–4. Equities as an OEF, or an Equities occur, the Exchange may suspend an 3 See Securities Exchange Act Release No. 88132 Market Maker, or both; and (2) all Equity Member’s access to the System (February 6, 2020), 85 FR 8053 (February 12, 2020) transactions effected by the Equity following a warning, or terminate an (‘‘Notice’’). Member are in compliance with Section 4 See Securities Exchange Act Release No. 88476 12 (March 25, 2020), 85 FR 17929 (March 31, 2020). 11(a) of the Act and the rules and 14 See id. 13 5 Amendment No. 1 makes the following changes regulations adopted thereunder. 15 See proposed MIAX PEARL Equities Rule 1901. to the proposed rule change: (i) Deletes the Equity Members may trade equity 16 See proposed MIAX PEARL Equities Rule 2605. definition of ‘‘Equity Securities’’ from proposed securities for their own proprietary The Exchange represents that an unlimited number Exchange Rule 1901 and makes corresponding accounts or, if authorized to do so under of Equities Market Makers may be registered in each changes throughout the proposed Exchange Rules to equity security unless the number of Market Makers eliminate unnecessary confusion; (ii) substitutes applicable law, may conduct business registered to make a market in a particular equity references to ‘‘PEARL Equities’’ with ‘‘MIAX security should be limited whenever, in the PEARL Equities’’ throughout the proposed 7 See Notice, supra note 3 at 8053, 8056. Exchange’s judgment, quotation system capacity in Exchange Rules; (iii) updates proposed Exchange 8 See proposed MIAX PEARL Equities Rules an equity security is not sufficient to support Rule 2622 (Limit Up-Limit Down Plan and Trading 2000–2003. additional Market Makers in such equity security. Halts) regarding a Level 3 Market Decline to 9 See proposed MIAX PEARL Equities Rule See Notice, supra note 3, at 8053. The Exchange conform it to recent changes made by each of the 2000(b). further represents that it will not restrict access in national securities exchanges that trade equities and 10 any particular equity security until the Exchange the Financial Industry Regulatory Authority See proposed MIAX PEARL Equities Rule 2001(f). If such other registered exchange has not has submitted objective standards for restricting (‘‘FINRA’’), and makes a corresponding change to access to the Commission for the Commission’s proposed Exchange Rule 2615 (Opening Process); been designated by the Commission, pursuant to Rule 17d–1 under the Exchange Act, to examine review and approval. See id. and (iv) amends proposed Exchange Rule 17 See proposed MIAX PEARL Equities Rule 2606. 2617(a)(4)(C) and (D) to account for the potential for Members for compliance with financial 18 See proposed MIAX PEARL Equities Rule orders to post and rest at prices that cross contra- responsibility rules, then such applicant must have 2606(a)(1). side liquidity and also to correct a typographical and maintain a membership in FINRA. See id. 19 error in proposed Exchange Rule 2617(a)(4)(D). 11 See proposed MIAX PEARL Equities Rule See proposed MIAX PEARL Equities Rule 2607. Amendment No. 1 is available on the Commission’s 2001(f). 20 See proposed MIAX PEARL Equities Rule 2608. website at: https://www.sec.gov/comments/sr-pearl- 12 15 U.S.C. 78k(a). 21 See proposed MIAX PEARL Equities Rule 2609. 2020-03/srpearl202003-7168815-216600a.pdf. 13 See proposed MIAX PEARL Equities Rule 22 See proposed MIAX PEARL Equities Rule 6 15 U.S.C. 78s(b)(2)(B). 2001(e). 2602(b).

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Equity Member’s access to the System Hours Only (‘‘RHO’’).30 Users may Users may also choose to designate by notice in writing.23 submit orders with the display orders with self-trade protection instructions of Displayed or Non- modifiers to prevent executions against B. MIAX PEARL Equities Trading Displayed, but all orders eligible for a resting opposite side order originating System display will be automatically defaulted from the same market participant, to Displayed unless a User elects Exchange Member, or trading group As proposed, the Exchange’s equities 31 trading System, like its system for otherwise. Users also may submit identifier.37 orders with instructions of: Do Not options, will be operated as a fully 32 33 34 As proposed, the MIAX PEARL automated electronic order book, and Route, Post Only, Attributable, and Non-Attributable.35 In addition, Equities Rules will provide for Limit the Exchange will not maintain or 38 Users may mark Limit Orders as Order Price Protection. The Exchange operate a physical trading floor.24 The Intermarket Sweep Orders, which will has proposed that a Limit Order to buy Exchange has proposed to be a trading allow orders so designated to be (sell) will be rejected if it is priced at or center (‘‘Trading Center’’) whose automatically matched and executed above (below) the greater of a specified quotations can be ‘‘automated dollar and percentage away from: (1) 25 without reference to Protected quotations’’ under Rule 600(b)(4). In Quotations at other Trading Centers.36 The Protected Best Offer for Limit addition, the Exchange is designed to be Orders to buy, the Protected Best Bid for an ‘‘automated trading center’’ under 30 See proposed MIAX PEARL Equities Rule Limit Orders to sell; or (2) if the Rule 600(b)(5) whose best-priced, 2614(b). A Market Order may only include a time Protected Best Offer or Protected Best displayed quotation will be a ‘‘protected in force of IOC. See MIAX PEARL Equities Rule Bid is unavailable, the consolidated last quotation’’ under Rules 600(b)(61) and 2614(a)(2). 31 See proposed MIAX PEARL Equities Rule sale price disseminated during the 600(b)(62), and for purposes of Rule 2614(c)(3) and (4). Market Orders and Mid-Point Regular Trading Hours on trade date; or 26 611. Only Equity Members and their Peg Orders are not eligible for display. See (3) if the Protected Best Offer or Sponsored Participants (‘‘Users’’) would proposed MIAX PEARL Equities Rule 2614(a)(2) Protected Best Bid and a consolidated be permitted to transact business on and (3). 32 last sale price are unavailable, the prior MIAX PEARL via the System.27 An order designated as Do Not Route is a non- routable order that will be ranked and executed on day’s Official Closing Price identified as the MIAX PEARL Equities Book pursuant to such by the primary listing exchange, 1. Order Types and Instructions proposed MIAX PEARL Equities Rules 2616 and 2617(a)(4) or cancelled. Unless otherwise instructed adjusted to account for events such as The Exchange proposes that Users by the User, an order designated as Do Not Route corporate actions and news events.39 may submit orders to the System as will be subject to the price sliding processes set The proposed functionality would differ Limit Orders, Market Orders, or forth in proposed MIAX PEARL Equities Rule from that provided by other equities 28 2614(g) and proposed MIAX PEARL Equities Rule Midpoint Peg Orders. Orders may be 2622(e). See proposed MIAX PEARL Equities Rule exchanges by using a waterfall of entered as an odd lot, round lot, or 2614(c)(1). reference prices and permitting Equity mixed lot.29 The System will support 33 An order designated as Post Only is a non- Members to customize the Limit Order two time-in-force instructions: routable order that will be ranked and executed on the MIAX PEARL Equities Book pursuant to Price Protection dollar and percentage Immediate-or-Cancel (‘‘IOC’’) or Regular proposed MIAX PEARL Equities Rule 2616 and limits on a per session basis, in lieu of proposed MIAX PEARL Equities Rule 2617(a)(4). using the Exchange’s default 23 See proposed MIAX PEARL Equities Rule An order designated as Post Only will only remove parameters.40 2602(d). The timing of such notice would depend liquidity from the MIAX PEARL Equities Book on the severity of the Equity Member’s misconduct. when: (A) The order is for a security priced below 2. Opening Procedures See Notice, supra note 3, at 8055. $1.00; or (B) the value of such execution when 24 The Exchange represents that the System will removing liquidity equals or exceeds the value of As proposed, the Exchange will leverage the Exchange’s current technology, such execution if the order instead posted to the including its customer connectivity, messaging MIAX PEARL Equities Book and subsequently conduct an Opening Process at the start protocols, quotations and execution engine, order provided liquidity including the applicable fees charged or rebates paid. To determine at the time router, data feeds, and network infrastructure. See levels in the System without regard to Protected of a potential execution whether the value of such Notice, supra note 3, at 8056. In addition, the Quotations at away Trading Centers consistent with Exchange represents that it will become a member execution when removing liquidity equals or exceeds the value of such execution if the order Regulation NMS. An ISO is not eligible for routing of the Depository Trust Company (‘‘DTC’’), and that were instead posted to the MIAX PEARL Equities and may include a time-in-force of IOC or RHO. See the System will be linked to DTC for the Exchange Book and subsequently provided liquidity, the MIAX PEARL Equities Rule 2614(d). A User to transmit locked-in trades for clearance and Exchange will use the highest possible rebate paid entering an ISO with a time-in-force of IOC settlement. Id. and highest possible fee charged for such represents that such User has simultaneously 25 17 CFR 242.600(b)(4); see proposed MIAX executions on the Exchange. Lastly, unless routed one or more additional Limit Orders marked PEARL Equities Rule 2617(c). otherwise instructed by the User, an order ‘‘ISO,’’ if necessary, to away Trading Centers to 26 17 CFR 242.600(b)(5), (b)(61) and (b)(62); 17 designated as Post Only will be subject to the price execute against the full displayed size of any CFR 242.611; see MIAX PEARL Equities Rule sliding processes set forth in proposed MIAX Protected Quotation for the security with a price 2617(c). PEARL Equities Rule 2614(g). See proposed MIAX that is superior to the limit price of the ISO entered 27 See proposed MIAX PEARL Equities Rules PEARL Equities Rule 2614(c)(2). in the System. A User entering an ISO with a time- 2000 and 2602(a)(1). See also Exchange Rule 210 34 ‘‘Attributable’’ is an instruction to include the in-force of RHO makes the same representation but (Sponsored Access to the Exchange). User’s market participant identifier (‘‘MPID’’) with further represents that it simultaneously routed one 28 See proposed MIAX PEARL Equities Rule an order that is designated for display (price and or more additional Limit Orders marked ‘‘ISO,’’ if 2614(a)(1)–(3). Midpoint Peg Orders are non- size) on an Exchange proprietary data feed. See necessary, to away Trading Centers to execute displayed Limit Orders that are assigned a ‘‘working proposed MIAX PEARL Equities Rule 2614(c)(5). against the full displayed size of any Protected Quotation for the security with a price that is equal price’’ pegged to the midpoint of the Protected 35 ‘‘Non-Attributable’’ is an instruction on an to the limit price of the ISO entered in the System. NBBO. A Midpoint Peg Order receives a new order that is designated for display (price and size) 37 timestamp each time its working price changes in on an Exchange proprietary data feed to display that See proposed MIAX PEARL Equities Rule response to changes to the midpoint of the order on an anonymous basis. See proposed MIAX 2614(f). Protected NBBO. PEARL Equities Rule 2614(c)(6). 38 See proposed MIAX PEARL Equities Rule 29 See proposed MIAX PEARL Equities Rule 36 A User marking a Limit Order as ‘‘ISO’’ must 2614(a)(1)(I). 2614(a). The Exchange proposes that odd lot, round simultaneously route one or more additional Limit 39 See proposed MIAX PEARL Equities Rule 1900 lot, and mixed lot orders are to be treated in the Orders marked ‘‘ISO,’’ as necessary, to away (defining the term ‘‘PBO’’ or ‘‘Protected NBO’’ as same manner on the Exchange, except as discussed Trading Centers to execute against the full the national best offer that is a Protected Quotation, below regarding the adjustment of an odd-lot price displayed size of any Protected Quotation for the and the term ‘‘PBB’’ or ‘‘Protected NBB’’ as the that locks or crosses the Protected NBBO. See infra security. An order meeting such requirements may national best bid that is a Protected Quotation). note 74 and accompanying text. be immediately executed at one or multiple price 40 See Notice, supra note 3, at 8061.

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of Regular Trading Hours.41 During the Open may cancel their orders at any aggregate displayed size will be Opening Process, the Exchange attempts time and resubmit those orders after the available to quotation vendors for to match eligible buy and sell orders at Contingent Open occurs and continuous dissemination pursuant to the the midpoint of the NBBO.42 Similar to trading begins.48 While an equity requirements of Rule 602 of Regulation the Opening Process conducted by other security is subject to a halt, suspension, NMS.55 national securities exchanges,43 the or pause in trading, the Exchange will Proposed MIAX PEARL Equities Rule midpoint of the NBBO will be accept orders for queuing prior to the 2617(a) addresses order execution.56 calculated differently depending on resumption of trading in the security for The proposed rule provides that an whether the primary listing exchange is participation in the Re-Opening order will be cancelled back to the User NYSE or NYSE American,44 or is any Process.49 As proposed, the Re-Opening if, based on market conditions, User other primary listing exchange.45 If the Process will occur in the same general instructions, applicable Exchange Rules conditions to establish the Opening manner as the Opening Process.50 and/or the Exchange Act and the rules Process do not occur by 9:45:00 a.m. and regulations thereunder, such order 3. Order Priority and Execution Eastern Time, the Exchange will is not executable, cannot be routed to conduct a Contingent Open, by As proposed, following the Opening another Trading Center and cannot be matching all orders eligible to Process, the System will continuously posted to the MIAX PEARL Equities participate in the Opening Process at the and automatically match orders Book.57 midpoint of the then prevailing pursuant to price/time priority.51 For Proposed MIAX PEARL Equities Rule NBBO.46 If the midpoint of the NBBO is equally-priced trading interest, orders 2617(a)(1)–(3) provides that the System not available for the Contingent Open, categorized as displayed will have will comply with all applicable all orders will be handled in time priority over orders categorized as non- securities laws and regulations, sequence, beginning with the order with displayed.52 Within each priority including Regulation NMS Rule 611, the oldest timestamp, and be placed on category, orders will be ranked based on Regulation SHO, and the Plan to the MIAX PEARL Equities Book, time, with each order being assigned a Address Extraordinary Market Volatility cancelled, executed, or routed to away timestamp equal to the time the order is (the ‘‘LULD Plan’’).58 Proposed Rule Trading Centers in accordance with the first placed on the MIAX PEARL 2617(a)(4) addresses how (subject to the terms of the order.47 Those Users that do Equities Book.53 The System also will requirements of Rule 611 and other not wish to participate in the Contingent utilize certain collars and constraints in applicable Commission and Exchange an effort to reduce the occurrence of requirements), an incoming order or 41 Orders designated as Post Only, ISOs, Market erroneous trades.54 The best-ranked Aggressing Order would be matched Orders, and orders that include a time-in-force orders to buy and best-ranked orders to against orders on the MIAX PEARL other than RHO are not eligible to participate in the sell that are displayable in the MIAX Opening Process. See proposed MIAX PEARL Equities Book. Specifically, proposed Equities Rule 2615. Self-trade prevention modifiers PEARL Equities book and their MIAX PEARL Equities Rule will be honored during the Opening Process. See 2617(a)(4)(A)–(B) provides that an proposed MIAX PEARL Equities Rule 2615(a)(2). 48 See id. Aggressing Order or an incoming order 42 All orders eligible to trade at the midpoint will 49 See proposed MIAX PEARL Equities Rule be processed in time sequence, beginning with the 2615(e). to buy (sell) will be automatically order with the oldest timestamp. The Opening 50 See proposed MIAX PEARL Equities Rule executed to the extent that it is priced Process will conclude when no remaining orders, 2615(e)(1). at an amount that equals or exceeds (is if any, can be matched at the midpoint of the 51 See proposed MIAX PEARL Equities Rules less than) any order to sell (buy) in the NBBO. At the conclusion of the Opening Process, 2616(a)(1) and 2617(a)(4)(A). Orders to buy will be the unexecuted portion of orders that were eligible MIAX PEARL Equities Book and is ranked from highest working price to lowest 59 to participate in the Opening Process will be placed working price. Orders to sell will be ranked from executable. on the MIAX PEARL Equities Book in time lowest working price to highest working price. If In Amendment No. 1, the Exchange sequence, cancelled, executed, or routed to away the working price of an order changes, the price modifies proposed MIAX PEARL Trading Centers in accordance with the terms of the priority of the order will also change. See proposed order. See proposed MIAX PEARL Equities Rule MIAX PEARL Equities Rule 2616(a)(1). See also 55 See proposed MIAX PEARL Rule 2216(b), 2615(b). proposed MIAX PEARL Equities Rule 1900, providing that, pursuant to Rule 602 of Regulation 43 See, e.g., Cboe BZX Rule 11.24(c); Cboe EDGX defining ‘‘working price’’ to mean the price at NMS, the Exchange will transmit for display to the Rule 11.7(c). which an order is eligible to trade at any given time, appropriate network processor for each System 44 When the primary listing exchange is the NYSE which may be different from the limit price or security the highest (lowest) price to buy (sell) or NYSE American, the Opening Process will be display price of the order. wherein the aggregate size of all displayed buy (sell) priced at the midpoint of the: (i) First NBBO 52 See proposed MIAX PEARL Equities Rule interest in the System greater (less) than or equal subsequent to the first reported trade and first two- 2616(a)(2). to that price is one round lot or greater, and that sided quotation on the primary listing exchange 53 See proposed MIAX PEARL Equities Rule after 9:30:00 a.m. Eastern Time; or (ii) then the aggregate size of all displayed buy (sell) interest 2616(a)(3). When Users elect that their orders not in the System greater (less) than or equal to that prevailing NBBO when the first two-sided quotation execute against an order with the same self-trade is published by the primary listing exchange after price will be transmitted rounded down to the prevention modifier, the System will not permit nearest round lot. 9:30:00 a.m. Eastern Time, but before 9:45:00 a.m. such orders to execute against one another, 56 The Exchange states that the order execution Eastern Time if no first trade is reported by the regardless of priority ranking. See MIAX PEARL process for equity securities is based on primary listing exchange within one second of Equities Rule 2616(a)(4). When a User cancels or functionality currently approved for use on the publication of the first two-sided quotation by the replaces an order resting on the MIAX PEARL primary listing exchange. See proposed MIAX Equities Book, the order will retain its timestamp Cboe Equities Exchanges, NYSE, NYSE Arca, and PEARL Equities Rule 2615(c)(1). and retain its priority only where the modification Nasdaq. See Notice supra note 3 at 8065. 45 For any other primary listing exchange, the involves a decrease in the size of the order or a 57 See proposed MIAX Pearl Equities Rule Opening Process will be priced at the midpoint of change in position from: (A) Sell to sell short; (B) 2617(a). The Exchange states that this is the same the first NBBO subsequent to the first two-sided sell to sell short exempt; (C) sell short to sell; (D) as on other equity exchanges. See Notice supra note quotation published by the primary listing sell short to sell short exempt; (E) sell short exempt 3 at 8065. exchange after 9:30:00 a.m. Eastern Time. See to sell; and (F) sell short exempt to sell short. See 58 See id. Proposed Rule 2617(a)(2) specifies that proposed MIAX PEARL Equities Rules 2615(c)(2). proposed MIAX PEARL Equities Rule 2616(a)(5). In for any execution to occur during Regular Trading 46 See proposed MIAX PEARL Equities Rule addition, the remainder of an order that is partially Hours, the price must be equal to, or better than, 2615(d). executed against an incoming order or Aggressing the Protected NBBO unless an exception to Rule 47 Users not seeking an execution at the midpoint Order (as defined in proposed MIAX PEARL 611 applies. See proposed MIAX PEARL Equities of the NBBO during the Contingent Open may Equities Rule 1901) will retain its timestamp. See Rules 1901 (defining ‘‘Protected NBBO’’) and cancel their orders before 9:45 a.m. and re-enter proposed MIAX PEARL Equities Rule 2616(a)(6). 2617(a)(2). those orders after the Contingent Open occurs. See 54 See MIAX PEARL Equities Rules 2618 and 59 See proposed MIAX PEARL Equities Rule Notice, supra note 3, at 8063. 2621. 2617(a)(4)(A)–(B).

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Equities Rule 2617(a)(4)(C) and (D), that cross contra-side liquidity resting Rules also provide for the re-pricing of which further addresses executions on on the MIAX PEARL Equities Book.65 limit orders in order to comply with the MIAX PEARL Equities Book, by The Exchange states that such an Rule 201 of Regulation SHO 71 and the describing how the Exchange would internally crossed book may occur when LULD Plan,72 and the repricing of non- handle internally locked or crossed an incoming order of odd lot size displayed limit orders to ensure interest on the MIAX PEARL Equities designated as Post Only does not compliance with Rule 611 of Regulation Book. Proposed MIAX PEARL Equities execute against a resting Midpoint Peg NMS.73 Further, with respect to odd Rule 2617(a)(4)(C), as amended, order pursuant to the Exchange’s lots, the Exchange has proposed that the acknowledges that certain orders, based proposed economic best interest working and display price of a on their operation and User functionality under proposed MIAX displayable odd lot order will be instructions, are permitted to post and PEARL Equities Rule 2614(c)(2).66 The adjusted both on arrival and when rest on the MIAX PEARL Equities Book Exchange provides an example where resting on the MIAX PEARL Equities at prices that lock or cross contra-side this occurs when an incoming Book depending on the odd lot order’s liquidity; provided, however, that the displayable odd lot Post Only order limit price in relation the Protected System would never display a locked or would cross a contra-side Midpoint Peg NBBO and whether the Protected NBBO crossed market.60 The rule states further order resting at the midpoint of the itself is locked or crossed, to reduce the that, if an Aggressing Order or an PBBO by one half of one cent ($.005) potential for odd lot orders to be incoming order to buy (sell) would and post and display at its limit price, displayed on the Exchange’s proprietary execute upon entry against an order to crossing the Midpoint Peg order.67 The data feed at potentially unexecutable sell (buy) at the same price as or a worse example further reflects where these prices.74 price than a resting displayed order to internally crossed orders would be C. Routing buy (sell), the Aggressing Order or subsequently executable—specifically, incoming order to buy (sell) will be the Midpoint Peg order would no longer As proposed, MIAX PEARL Equities cancelled or posted to the MIAX PEARL be executable at the midpoint of the will support orders that are designated Equities Book and ranked in accordance PBBO and instead would be executable to be routed to the Protected NBBO as with proposed MIAX PEARL Equities at one-half minimum price variation well as orders that will execute only Rule 2616.61 more aggressive than the displayed within MIAX PEARL Equities.75 The Proposed MIAX PEARL Equities Rule price of the odd lot Post Only order, and System will provide a routing service 2617(a)(4)(D), as modified by the odd lot Post Only order would be (‘‘Routing Services’’) for orders when Amendment No. 1, governs the price at executable at its displayed price.68 trading interest is not available on which an order is executable when it is The MIAX PEARL Equities Rules also MIAX PEARL Equities.76 As the posted non-displayed on the PEARL are designed to address intermarket Exchange currently does for options,77 it Equities Book and there is a contra-side locks and crosses, as required by Rule will route orders in equity securities via displayed order at a price which results 610(d) of Regulation NMS,69 in that they one or more routing brokers that are not in an internally locked or crossed are designed not to disseminate interest affiliated with the Exchange.78 book.62 For securities priced equal to or that would lock or cross a protected For all Routing Services, the Exchange greater than $1.00 per share, in the case quote, require Users to reasonably avoid will determine the logic that provides where a non-displayed order to sell displaying interest that locks or crosses (buy) is posted on the MIAX PEARL any protected quotation, and are violations of Rule 610(d) of Regulation NMS, 17 Equities Book at a price that locks or reasonably designed to assure the CFR 242.610(d)). 71 17 CFR 242.201; see proposed MIAX PEARL crosses a displayed order to buy (sell) reconciliation of locked or crossed Equities Rule 2614(a)(1) and (g)(3). 70 pursuant to proposed MIAX PEARL interest. The MIAX PEARL Equities 72 See proposed MIAX PEARL Equities Rules Equities Rule 2617(a)(4)(C) described 2614(a)(1) and 2622; see also proposed MIAX above, an Aggressing Order or an 65 Id. PEARL Equities Rule 2617(a)(3) (providing that any incoming order to buy (sell) that is a 66 Id. executions that occur during Regular Trading Hours must comply with the LULD plan). market order or a limit order priced 67 Id. The example assumes that the PBBO is $10.00 by $10.05 and there are no orders resting on 73 17 CFR 242.611; see proposed MIAX PEARL more aggressively than the order to buy the MIAX PEARL Equities book. The Exchange Equities Rule 2614(a)(1) and (g)(2). (sell) displayed on the MIAX PEARL states that it has yet to determine the level of fees 74 See proposed MIAX PEARL Equities Rule Equities Book will execute against the and rebates it intends to offer, so the example 2611(b)(1). See also proposed MIAX PEARL non-displayed order to sell (buy) resting assumes a maker/taker fee structure with a $0.0030 Equities Rule 2611(b)(2) (regarding circumstances fee for removing liquidity and a $0.0030 rebate for in which resting odd lot quantity could be joined on the PEARL Equities Book at one-half providing liquidity, requiring at least $0.0060 of with the returned quantity of a routed order and minimum price variation greater (less) price improvement for a displayed order designated receive a new timestamp). See also Notice, supra than the price of the resting displayed as Post Only to remove liquidity. The Exchange also note 3 at 8057. order to buy (sell).63 states that, assuming it offers lower fees and rebates 75 However, an order marked ‘‘short’’ when a As initially proposed, MIAX PEARL for non-displayed orders, if the incoming post only short sale price test restriction pursuant to Rule 201 order in the example was non-displayed, it would of Regulation SHO is in effect is not eligible for Equities Rule 2617(a)(4)(C) and (D) set execute against the resting contra-side Midpoint Peg routing by the Exchange. See MIAX Pearl Equities forth how the Exchange would process order pursuant to the Exchange’s proposed Rule 2617(b)(2). An order that is ineligible for orders when the MIAX PEARL Equities economic best interest functionality under routing due to a short sale price test restriction and Book is internally locked.64 In proposed Exchange Rule 2614(c)(2). Further, the that includes a time-in-force of IOC will be Exchange states that if the incoming post only order cancelled upon entry. Id. The Exchange will handle Amendment No. 1, the Exchange added in the example instead was a displayed round lot, routable orders in connection with the LULD Plan language to these proposed rule it would have updated the PBBO resulting in the as described in proposed MIAX PEARL Equities provisions to account for the fact that contra-side Midpoint Peg Order being re-priced to Rule 2622(b)(2) and (3). certain orders also may post at prices the new midpoint of the PBBO and not resulting in 76 See Notice, supra note 3, at 8053. a non-displayed internally crossed book. Id. 77 See Exchange Rule 529. 68 Id. 78 See Notice, supra note 3, at 8066. The 60 See Amendment No. 1; Rule 2617(a)(4)(C). 69 17 CFR 242.610(d). Exchange notes that this routing process is 61 See Amendment No. 1; Rule 2617(a)(4)(C). 70 See proposed MIAX PEARL Equities Rule 2624: described under proposed MIAX PEARL Equities 62 See Amendment No. 1; Rule 2617(a)(4)(D). see also proposed MIAX PEARL Equities Rule Rule 2617(b)(1), which is identical to current 63 See Amendment No. 1; Rule 2617(a)(4)(D). 2614(a)(1) and (g)(1) (relating to price sliding Exchange Rule 529 that is applicable to options. See 64 See Amendment No. 1. functionality for non-routable limit orders to avoid id.

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when, how, and where orders are routed to permit unfair discrimination between must provide each purchaser of UTP away to other Trading Centers.79 The customers, issuers, brokers, or dealers.86 Exchange Traded Products a written Exchange represents that the Exchange’s The Exchange also represents that it will description of the terms and routing logic will not provide any file a proposed rule change with the characteristics of those securities, in a advantage to Users when routing orders Commission pursuant to Section 19(b) form approved by the Exchange or to away Trading Centers as compared to of the Act prior to offering additional prepared by the open-ended other routing methods.80 The routing routing options.87 management company issuing such broker will receive routing instructions The Exchange notes that use of its securities, not later than the time a from the Exchange to route orders to routing services to route orders to other confirmation of the first transaction in other Trading Centers and report such market centers is optional.88 Parties that such securities is delivered to such executions back to the Exchange.81 The do not desire to use these services must purchaser.93 Upon request of a routing broker cannot change the terms designate their orders as not available customer, an Equity Member must also of an order or the routing instructions, for routing.89 In addition, any bid or provide a prospectus for the particular nor does the routing broker have any offer entered on the Exchange routed to UTP Exchange Traded Product.94 discretion about where to route an another Trading Center through a The Exchange also proposes certain order.82 routing broker that results in an restrictions on Equity Members acting as The Exchange represents that for each execution shall be binding on the Equities Market Makers on the Exchange routing broker used by the Exchange, an Member that entered such bid or offer.90 in a UTP Exchange Traded Product that agreement will be in place between the derives its value from one or more Exchange and the routing broker that D. Securities Traded: Unlisted Trading currencies, commodities, or derivatives will, among other things, restrict the use Privileges based on one or more currencies or of any confidential and proprietary The Exchange is not proposing to be commodities, or is based on a basket or information that the routing broker a listing market for equity securities, but index composed of currencies or receives to legitimate business purposes instead proposes to trade equity commodities.95 Further, the Exchange necessary for routing orders at the securities pursuant to unlisted trading will enter into comprehensive direction of the Exchange.83 Further, the privileges (‘‘UTP’’). MIAX PEARL surveillance sharing agreements with Exchange will establish and maintain Equities Rule 2900 establishes the markets that trade components of the procedures and internal controls Exchange’s authority to trade securities index or portfolio on which the UTP reasonably designed to adequately on a UTP basis. MIAX PEARL Equities Exchange Traded Product is based to the restrict the flow of confidential and Rule 2900(a) provides that the Exchange same extent as the listing exchange’s proprietary information between the may extend UTP any NMS Stock that is rules require the listing exchange to Exchange and the routing broker, and listed on another national securities enter into comprehensive surveillance any other entity, including any affiliate exchange or with respect to which UTP sharing agreements with such 96 of the routing broker; and, if the routing may otherwise be extended in markets. broker or any of its affiliates engages in accordance with Section 12(f) of the E. Regulation any other business activities other than Act.91 MIAX PEARL Equities Rule The Exchange represents that it will providing routing services to the 2900(a) further provides that any such regulate MIAX PEARL Equities using Exchange, between the segment of the security would be subject to all the Exchange’s existing regulatory routing broker or affiliate that provides Exchange rules applicable to trading on structure.97 Pursuant to the Exchange’s the other business activities and the the Exchange, unless otherwise noted. By-Laws, the Chief Regulatory Office of segment of the routing broker that For any UTP security that is a UTP 84 the Exchange will have general provides the Routing Services. Exchange Traded Product, the Exchange The Exchange may not use a routing supervision of the regulatory operations will distribute an information circular broker for which the Exchange or any of the Exchange, which will include prior to the commencement of trading in affiliate of the Exchange is the responsibility for overseeing the each such UTP Exchange Traded designated examining authority.85 In Exchange’s surveillance, examination, Product that generally includes the addition, the Exchange will provide its and enforcement functions and for same information as is contained in the Routing Services in compliance with the administering any regulatory services information circular provided by the provisions of the Act and the rules agreements applicable to MIAX PEARL listing exchange.92 Equity Members thereunder, including, but not limited to, the requirements in Section 6(b)(4) indices. See proposed MIAX PEARL Equities Rules 86 See proposed MIAX PEARL Equities Rule and (5) of the Act that the rules of a 2900(b)(1). 2617(b)(1)(A)(iii). 93 In addition, Equity Members will include a national securities exchange provide for 87 See Notice, supra note 3, at 8066 n.78. written description with any sales material relating the equitable allocation of reasonable 88 See id. at 8066. to UTP Exchange Traded Products that is provided dues, fees, and other charges among an 89 See id. to customers or the public, as well as a disclaimer exchange’s members and other persons 90 See proposed MIAX PEARL Equities Rule (Any other written materials provided by an Equity using its facilities, and not be designed 2617(b)(1)(A)(vi). Member to customers or the public making specific 91 Any such security will be subject to all reference to the UTP Exchange Traded Products as Exchange rules applicable to trading on the an investment vehicle) with any other written 79 See proposed MIAX PEARL Equities Rule Exchange, unless otherwise noted. See proposed materials provided by an Equity Member to 2617(b)(1)(A)(iv). MIAX PEARL Equities Rule 2900. The Exchange customers or the public making specific reference 80 See Notice, supra note 3, at 8066. states that this rule is identical to the rules of other to the UTP Exchange Traded Products as an 81 See proposed MIAX PEARL Equities Rule equities exchanges. See Notice, supra note 3, at investment vehicle substantially in in a form 2617(b)(1)(A)(v). 8070. See also Amendment No. 1, supra note 5, prescribed by the Exchange. See proposed MIAX 82 See proposed MIAX PEARL Equities Rule deleting from the proposed MIAX PEARL Equities PEARL Equities Rules 2900(b)(2)(B). 2617(b)(1)(A)(v). Rules the originally proposed definition of Equity 94 See proposed MIAX PEARL Equities Rule 83 See Notice, supra note 3, at 8066. See also Securities as unnecessary. 2900(b)(2)(C). proposed MIAX PEARL Equities Rule 2617(b)(1)(A). 92 This includes: (a) The special risks of trading 95 See proposed MIAX PEARL Equities Rule 84 See proposed MIAX PEARL Equities Rule the new Exchange Traded Product; (b) the Exchange 2900(b)(4). 2617(b)(1)(A)(i). Rules that will apply to the new Exchange Traded 96 See proposed MIAX PEARL Equities Rule 85 See proposed MIAX PEARL Equities Rule Product; and (c) information about the 2900(b)(5). 2617(b)(1)(A)(ii). dissemination of value of the underlying assets or 97 See id. at 8071–72.

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Equities.98 Similarly, the Exchange’s In addition, the Exchange represents Violation Plan to the Commission under existing Regulatory Oversight that: (1) The Exchange will join the Rule 19d–1(c)(2) of the Exchange Act.107 Committee will be responsible for existing equities industry agreements According to the Exchange, FINRA overseeing the adequacy and and establish new agreements, as currently surveils options trading on effectiveness of Exchange’s regulatory necessary, pursuant to Section 17(d) of behalf of the Exchange pursuant to an and self-regulatory organization the Exchange Act, as it has with respect existing RSA designed to detect responsibilities, including those to its equities market; (2) the Exchange’s violations of Exchange rules and applicable to MIAX PEARL Equities.99 Regulatory Services Agreement (‘‘RSA’’) applicable federal securities laws.108 As more fully discussed in the Notice, with FINRA will govern many aspects of The Exchange represents that this RSA the Exchange has proposed specific the regulation and discipline of will be expanded to provide for FINRA business conduct and operational rules Members that participate in equities to also surveil equities trading on MIAX for Equity Members consistent with the trading, as it does for options market PEARL Equities on behalf of the approved rules of other equities regulation; and (3) the Exchange will Exchange.109 The Exchange will remain exchanges, which include rules authorize Equity Members to trade on responsible for FINRA’s performance covering similar subject matter as 110 MIAX PEARL Equities and conduct under the RSA. existing Exchange Rules, applicable to surveillance of equities trading as it In addition, with respect to exchange options Members.100 In addition, the does for options.105 traded products traded on MIAX PEARL Exchange proposes that existing rules Equities pursuant to unlisted trading The Exchange represents that it will applicable to the MIAX PEARL options privileges, the Exchange represents that establish Rule 17d–2 Plans for market (current Chapters I though XVIII it will enter into a comprehensive Allocation of Regulatory of the Exchange Rules) will apply to surveillance sharing agreement with Equity Members and their associated Responsibilities, including, subject to markets that trade components of the persons, unless a specific MIAX PEARL Commission approval: (i) A plan with index or portfolio on which shares of an Equities Rule (in proposed Chapters XIX FINRA pursuant to which the Exchange exchange-traded product is based to the through XXX of the Exchange Rules) and FINRA will agree to allocate to same extent as the listing exchange’s governs or the context otherwise FINRA, with respect to common rules require the listing exchange to requires.101 The Exchange also proposes members, regulatory responsibility for enter into a comprehensive surveillance to incorporate certain rules of other self- overseeing and enforcing certain sharing agreement with such markets.111 regulatory organizations (‘‘SROs’’) and applicable laws, rules, and regulations represents that it will request an The Exchange has also proposed Rule of MIAX PEARL Equities; (ii) joining the 2622(e) to comply with the LULD Plan, exemption from the rule filing multi-party plan with FINRA and other requirements of Section 19(b) of the and has represented that it is identical national securities exchanges for the in all material respects to the rules of Exchange Act for those rules of another surveillance, investigation, and 112 SRO that it proposes to incorporate by other equities exchanges. Proposed enforcement of common insider trading MIAX PEARL Equities Rule 2622(e) reference to the extent such rules are rules; and (iii) joining the multi-party effected solely by virtue of a change to states that the Exchange is a Participant 102 plan with FINRA and other national any of those rules. securities exchanges for the allocation of Further, the Exchange’s By-Laws 107 See id. The Commission approved the regulatory responsibilities with respect provide that it has disciplinary Exchange’s current MRVP in 2017. See Securities to certain Regulation NMS Rules.106 Exchange Act Release No. 82385 (December 21, jurisdiction over its members, including 2017), 82 FR 61613 (December 28, 2017) (File No. Equity Members so that it can enforce In addition, the Exchange represents 4–715). its members’ compliance with its rules that it will: (i) Expand its existing RSA 108 See Notice, supra note 3, at 8072. and the federal securities laws.103 The with FINRA, pursuant to which FINRA 109 See id. Exchange’s rules also permit it to performs various regulatory services on 110 See id. sanction members for violations of its behalf of the Exchange, subject to the 111 See id. The Exchange states that FINRA, on behalf of the Exchange, may obtain information, rules and of the federal securities laws Exchange’s ultimate responsibility, and will communicate information as needed, by, among other things, expelling or including the review of membership regarding trading in the shares of exchange-traded suspending members, limiting members’ applications and the conduct of products, as well as in the underlying exchange- activities, functions, or operations, investigations, disciplinary and hearing traded securities and instruments with other markets and other entities that are members of ISG. fining or censuring members, or services; (ii) join the Intermarket The Exchange may also obtain information suspending or barring a person from Surveillance Group (‘‘ISG’’); and (iii) regarding trading in such shares and underlying being associated with a member.104 submit an amended Minor Rule securities and instruments from markets and other entities that are members of ISG or with which the Exchange has in place a comprehensive 98 See proposed MIAX PEARL By-Laws, Section commencing disciplinary proceedings. The surveillance sharing agreement. Moreover, the 6.10. Commission approved the Exchange’s Minor Rule Exchange states that FINRA, on behalf of the 99 See proposed MIAX PEARL By-Laws, Section Violation Plan (‘‘MRVP’’) in 2017. See Securities Exchange, is able to access, as needed, trade 4.5(c). Exchange Act Release No. 82385 (December 21, information for certain fixed income securities held 100 See Notice, supra note 3, at 8069–70 2017), 82 FR 61613 (December 28, 2017) (File No. by a fund reported to FINRA’s Trade Reporting and (discussing MIAX PEARL Equities Rules regarding 4–715). Compliance Engine. See id. Fair Practice (Chapter XXI), Books, Records, and 105 See id. at 8071–72. 112 See id. at 8068. In Amendment No. 1, the Reports (Chapter XXII), Supervision (Chapter 106 See Notice, supra note 3, at 8072. Rule 17d– Exchange updated proposed MIAX PEARL Equities XXIII), Margin (Chapter XXIV), Chapter XXVII 2 provides that any two or more SROs may file with Rules 2615 and 2622 regarding trading halts to (Trading Practice Rules), and other miscellaneous the Commission a plan for allocating among such reflect recent proposed rule changes filed by all provisions (Chapter XXVIII). SROs the responsibility to receive regulatory reports other equity exchanges and FINRA with respect to 101 See proposed MIAX PEARL Rule 1900 from persons who are members or participants of a Level 3 Market Decline. See supra note 5. When (Applicability). more than one of such SROs to examine such triggered, a Level 3 halt would halt trading market- 102 See Notice supra note 3 at 8069. persons for compliance, or to enforce compliance wide until the next trading day. The changes in 103 See MIAX PEARL By-Laws Section 9.2; see by such persons, with specified provisions of the Amendment No. 1 would allow for next-day trading also MIAX PEARL By-Laws Section 2.1(d). Act, the rules and regulations thereunder, and the to resume in all NMS stocks no differently from any 104 See Chapter X of Exchange Rules. The rules of such SROs, or to carry out other specified other trading day, and would not need to wait for Exchange’s rules also provide for the imposition of regulatory functions with respect to such persons. the primary listing market to reopen trading in a fines for minor rule violations in lieu of See 17 CFR 240.17d–2. security.

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in the LULD Plan 113 and requires that rules of a national securities exchange post all comments on the Commission’s Equity Members comply with the LULD be ‘‘designed to prevent fraudulent and internet website (http://www.sec.gov/ Plan’s provisions. Proposed MIAX manipulative acts and practices, to rules/sro.shtml). Copies of the PEARL Equities Rule 2622(e) also promote just and equitable principles of submission, all subsequent describes the Exchange’s order handling trade,’’ and ‘‘to protect investors and the amendments, all written statements procedures to comply with the LULD public interest.’’ 118 with respect to the proposed rule Plan.114 change that are filed with the IV. Commission’s Solicitation of Commission, and all written III. Proceedings To Determine Whether Comments communications relating to the To Approve or Disapprove the The Commission requests written proposed rule change between the Proposed Rule Change, as Modified by views, data, and arguments with respect Commission and any person, other than Amendment No. 1 to the concerns identified above as well those that may be withheld from the The Commission is instituting as any other relevant concerns. Such public in accordance with the proceedings pursuant to Section comments should be submitted by June provisions of 5 U.S.C. 552, will be 19(b)(2)(B) of the Act 115 to determine 8, 2020. Rebuttal comments should be available for website viewing and whether the proposed rule change, as submitted by June 22, 2020. Although printing in the Commission’s Public modified by Amendment No. 1, should there do not appear to be any issues Reference Room, 100 F Street NE, be approved or disapproved. Institution relevant to approval or disapproval that Washington, DC 20549, on official of such proceedings is appropriate at would be facilitated by an oral business days between the hours of this time in view of the legal and policy presentation of views, data, and 10:00 a.m. and 3:00 p.m. Copies of such issues raised by the amended proposal. arguments, the Commission will filing also will be available for Institution of proceedings does not consider, pursuant to Rule 19b–4, any inspection and copying at the principal indicate that the Commission has request for an opportunity to make an office of the Exchange. All comments reached any conclusions with respect to oral presentation.119 received will be posted without change. any of the issues involved. Rather, the The Commission asks that Persons submitting comments are Commission seeks and encourages commenters address the sufficiency and cautioned that we do not redact or edit interested persons to provide additional merit of the Exchange’s statements in personal identifying information from comment on the proposed rule change, support of the proposed rule change, as comment submissions. You should as modified by Amendment No. 1, to modified by Amendment No. 1, in submit only information that you wish inform the Commission’s analysis of addition to any other comments they to make publicly available. All whether to approve or disapprove the may wish to submit about the proposal. submissions should refer to File No. proposal. Interested persons are invited to SR–PEARL–2020–03 and should be Pursuant to Section 19(b)(2)(B) of the submit written data, views, and submitted on or before June 8, 2020. Act,116 the Commission is providing arguments concerning the proposed rule Rebuttal comments should be submitted notice of the grounds for possible change, as modified by Amendment No. by June 22, 2020. disapproval under consideration. The 1, including whether the proposal is consistent with the Act. Comments may For the Commission, by the Division of Commission is instituting proceedings Trading and Markets, pursuant to delegated to allow for additional analysis of the be submitted by any of the following authority.120 methods: amended proposal’s consistency with: J. Matthew DeLesDernier, • Section 6(b)(1) of the Act, which Electronic Comments requires, among other things, that a Assistant Secretary. national securities exchange be so • Use the Commission’s internet [FR Doc. 2020–10519 Filed 5–15–20; 8:45 am] organized and have the capacity to carry comment form (http://www.sec.gov/ BILLING CODE 8011–01–P out the purposes of the Act, and to rules/sro.shtml); or comply and enforce compliance by its • Send an email to rule-comments@ members and persons associated with sec.gov. Please include File No. SR– SECURITIES AND EXCHANGE its members, with the provisions of the PEARL–2020–03 on the subject line. COMMISSION Act, the rules and regulation Paper Comments [Release No. 34–88857; File No. SR–BX– 2020–008] thereunder, and the rules of the • exchange; 117 and Send paper comments in triplicate • Section 6(b)(5) of the Act, which to Secretary, Securities and Exchange Self-Regulatory Organizations; Nasdaq requires, among other things, that the Commission, 100 F Street NE, BX, Inc.; Notice of Filing and Washington, DC 20549–1090. Immediate Effectiveness of Proposed 113 The Exchange represents that it intends to All submissions should refer to File No. Rule Change To Amend the become a Participant in the LULD Plan prior to SR–PEARL–2020–03. The file number Exchange’s Transaction Credits and launching MIAX PEARL Equities. See Notice, supra Fees, at Equity 7, Section 118(a) note 3, at 8068, n.87. should be included on the subject line 114 if email is used. To help the For a description of the order handling May 12, 2020. procedures under proposed Exchange Rule 2622(e), Commission process and review your Pursuant to Section 19(b)(1) of the see id. at 8068. comments more efficiently, please use 115 Securities Exchange Act of 1934 15 U.S.C. 78s(b)(2)(B). only one method. The Commission will 116 Id. Section 19(b)(2)(B) of the Act also provides (‘‘Act’’), 1 and Rule 19b–4 thereunder,2 that proceedings to determine whether to notice is hereby given that on May 1, disapprove a proposed rule change must be 118 15 U.S.C. 78f(b)(5). concluded within 180 days of the date of 119 15 U.S.C. 78s(b)(2). Section 19(b)(2) of the Act 2020, Nasdaq BX, Inc. (‘‘BX’’ or publication of notice of the filing of the proposed grants the Commission flexibility to determine what ‘‘Exchange’’) filed with the Securities rule change. See id. The time for conclusion of the type of proceeding—either oral or notice and and Exchange Commission (‘‘SEC’’ or proceedings may be extended for up to 60 days if opportunity for written comments—is appropriate ‘‘Commission’’) the proposed rule the Commission finds good cause for such for consideration of a particular proposal by an extension and publishes its reasons for so finding, SRO. See Securities Acts Amendments of 1975, or if the exchange consents to the longer period. See Report of the Senate Committee on Banking, 120 17 CFR 200.30–3(a)(57). id. Housing and Urban Affairs to Accompany S. 249, 1 15 U.S.C. 78s(b)(1). 117 15 U.S.C. 78f(b)(1). S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975). 2 17 CFR 240.19b–4.

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change as described in Items I, II, and these changes have met with some to increase the number of members that III, below, which Items have been success, the Exchange has yet to achieve seek to and do qualify for it, and thereby prepared by the Exchange. The the results it desires. Accordingly, the provide incentives for members to add Commission is publishing this notice to Exchange proposes to again revise its liquidity to the Exchange. solicit comments on the proposed rule pricing schedule, in large part, in a Second, the Exchange proposes to add change from interested persons. further attempt to improve the to its schedule of charges a new $0.0025 attractiveness of the market to new and per share executed charge for displayed I. Self-Regulatory Organization’s existing participants. orders entered by a member that adds Statement of the Terms of Substance of liquidity equal to or exceeding 0.175% the Proposed Rule Change Description of the Changes of total Consolidated Volume during a The Exchange proposes to amend the Credits for Accessing Liquidity through month. The Exchange proposes to add Exchange’s transaction credits and fees, the Exchange this new charge, which also represents at Equity 7, Section 118(a), as described The Exchange proposes to revise its a discount off of the standard charge, to further below. schedule of credits to add one new provide a new incentive for members The text of the proposed rule change credit. Specifically, the Exchange that already qualify for the $0.0026 per is available on the Exchange’s website at proposes to provide a $0.0027 per share share executed charge to increase their http://nasdaqbx.cchwallstreet.com/, at executed credit (for securities in Tapes volume of liquidity adding activity so as the principal office of the Exchange, and A and B) and a $0.0026 per share to qualify for the further discounted at the Commission’s Public Reference executed credit (for securities in Tape C) charge of $0.0025 per share executed. Room. for orders that access liquidity Impact of the Changes (excluding orders with Midpoint II. Self-Regulatory Organization’s Those participants that act as net Statement of the Purpose of, and pegging and excluding orders that receive price improvement and execute removers of liquidity from the Exchange Statutory Basis for, the Proposed Rule will benefit directly from the proposed Change against an order with a Non-displayed price) entered by a member: (i) Whose addition of new credits that would In its filing with the Commission, the combined liquidity removing and apply to orders that remove liquidity Exchange included statements adding activities equal to or exceed from the Exchange. Those participants concerning the purpose of and basis for 0.185% of total Consolidated Volume that act as net adders of liquidity will the proposed rule change and discussed during a month; and (ii) adds liquidity also benefit from the new credits insofar any comments it received on the equal to or exceeding an average daily as they are tied to members achieving a proposed rule change. The text of these volume of 50,000 shares in a month. threshold level of liquidity adding and statements may be examined at the The Exchange believes that that the removing activity on the Exchange; any places specified in Item IV below. The availability of the new credits will ensuing increase in liquidity adding and Exchange has prepared summaries, set incentivize members that currently removing activity will improve the forth in sections A, B, and C below, of qualify for one of the lesser credits to overall quality of the market, to the the most significant aspects of such increase their existing levels of liquidity benefit of all members. statements. adding and removal activities on the Meanwhile, the proposed changes to ease the qualifying volume threshold to A. Self-Regulatory Organization’s Exchange to attain it. In doing so, the Exchange intends to improve the overall qualify for the $0.0026 per share Statement of the Purpose of, and executed charge and to establish a new Statutory Basis for, the Proposed Rule quality and attractiveness of the Nasdaq BX market. $0.0025 charge, will benefit participants Change that are net adders of liquidity by 1. Purpose Charges for Adding Liquidity to the enabling them to more easily qualify for Exchange The Exchange operates on the ‘‘taker- the existing $0.0026 per share executed maker’’ model, whereby it generally In addition to the above, the Exchange discounted charge, and by providing pays credits to members that take proposes to amend its existing schedule members with an incentive to increase liquidity and charges fees to members of charges for adding displayed liquidity their liquidity adding activity to qualify that provide liquidity. Currently, the to the Exchange. for the new $0.0025 per share executed First, the Exchange proposes to Exchange has a schedule, at Equity 7, discounted charge. The Exchange notes amend its existing $0.0026 per share Section 118(a), which consists of several that its proposal is not otherwise executed charge for displayed orders different credits that it provides for targeted at or expected to be limited in entered by a member that adds liquidity orders in securities priced at $1 or more its applicability to a specific segment(s) equal to or exceeding 0.15% of total per share that access liquidity on the of market participants nor will it apply Consolidated Volume during a month. Exchange and several different charges differently to different types of market The Exchange proposes to reduce the that it assesses for orders in such participants. percentage of total Consolidated Volume securities that add liquidity on the needed to qualify for this charge, from 2. Statutory Basis Exchange. 0.15% to 0.11% total Consolidated The Exchange believes that its Over the course of the last few Volume. By easing the volume proposal is consistent with Section 6(b) months, the Exchange has experimented requirements for this charge, which of the Act,4 in general, and furthers the with various reformulations of its represents a discount off of the standard objectives of Sections 6(b)(4) and 6(b)(5) pricing schedule with the aim of $0.0030 per share executed charge (for of the Act,5 in particular, in that it increasing activity on the Exchange, all other orders), the Exchange intends provides for the equitable allocation of improving market quality, and reasonable dues, fees and other charges increasing market share.3 Although 57530 (October 25, 2019) (SR–BX–2019–031); among members and issuers and other Securities Exchange Act Release No. 34–86120 persons using any facility, and is not 3 See Securities Exchange Act Release No. 34– (June 17, 2019); 84 FR 29270 (June 21, 2019) (SR– 87271 (October 10, 2019), 84 FR 55621 (October 17, BX–2019–026); Securities Exchange Act Release No. 2019) (SR–BX–2019–035); Securities Exchange Act 34–85912 (May 22, 2019); 84 FR 24834 (May 29, 4 15 U.S.C. 78f(b). Release No. 34–87271 (September 24, 2019), 84 FR 2019) (SR–BX–2019–013). 5 15 U.S.C. 78f(b)(4) and (5).

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designed to permit unfair Competing equity exchanges offer the credits to the member engaging in a discrimination between customers, similar tiered pricing structures to that threshold volume of combined liquidity issuers, brokers, or dealers. The of the Exchange, including schedules of removal and adding activity on the proposal is also consistent with Section rebates and fees that apply based upon Exchange. Furthermore, it is equitable 11A of the Act relating to the members achieving certain volume for the Exchange to propose higher establishment of the national market thresholds.8 credits for participants with orders in system for securities. Within this environment, market securities in Tapes A and B than it The Proposal Is Reasonable participants can freely and often do shift proposes for participants with orders in their order flow among the Exchange Tape C due to the Exchange’s desire to The Exchange’s proposed changes to and competing venues in response to specifically promote increased liquidity its schedule of credits and fees are changes in their respective pricing removal activity in securities in Tapes A reasonable in several respects. As a schedules.9 Separately, the Exchange and B. Likewise, it is equitable for the threshold matter, the Exchange is has provided the SEC staff with Exchange to reduce charges to subject to significant competitive forces multiple examples of instances where participants whose orders add liquidity in the market for equity securities pricing changes by BX and other to the Exchange as a means of transaction services that constrain its exchanges have resulted in shifts in incentivizing liquidity adding activity. pricing determinations in that market. exchange market share. Within the An increase in overall liquidity removal The fact that this market is competitive foregoing context, the proposal and addition activity on the Exchange has long been recognized by the courts. represents a reasonable attempt by the will improve the quality of the Nasdaq In NetCoalition v. Securities and Exchange to increase its liquidity and BX market and increase its Exchange Commission, the D.C. Circuit market share relative to its competitors. attractiveness to existing and stated as follows: ‘‘[n]o one disputes The Exchange has designed its prospective participants. that competition for order flow is proposed schedule of credits and Any participant that is dissatisfied ‘fierce.’... As the SEC explained, ‘[i]n charges to provide increased overall with the proposed new credist or its the U.S. national market system, buyers incentives to members to increase their amended or new charges is free to shift and sellers of securities, and the broker- liquidity removal and adding activity on their order flow to competing venues dealers that act as their order-routing the Exchange. An increase in liquidity that provide more favorable pricing or agents, have a wide range of choices of removal and adding activity on the less stringent qualifying criteria. where to route orders for execution’; Exchange will, in turn, improve the [and] ‘no exchange can afford to take its quality of the Nasdaq BX market and The Proposed Credit Is Not Unfairly market share percentages for granted’ increase its attractiveness to existing Discriminatory because ‘no exchange possesses a and prospective participants. Generally, monopoly, regulatory or otherwise, in The Exchange believes that the the proposed new credit and amended the execution of order flow from broker proposal is not unfairly discriminatory. and new charges will be comparable to, dealers’....’’6 As an initial matter, the Exchange if not favorable to, those that its believes that nothing about its volume- The Commission and the courts have 10 repeatedly expressed their preference competitors provide. based tiered pricing model is inherently for competition over regulatory The Exchange notes that those unfair; instead, it is a rational pricing intervention in determining prices, participants that are dissatisfied with model that is well-established and products, and services in the securities the proposed credits or fees are free to ubiquitous in today’s economy among markets. In Regulation NMS, while shift their order flow to competing firms in various industries—from co- adopting a series of steps to improve the venues that offer them higher credits or branded credit cards to grocery stores to current market model, the Commission lower fees. cellular telephone data plans—that use highlighted the importance of market The Proposal Is an Equitable Allocation it to reward the loyalty of their best forces in determining prices and SRO of Credits customers that provide high levels of revenues and, also, recognized that business activity and incent other The Exchange believes its proposal current regulation of the market system customers to increase the extent of their will allocate its proposed new credits ‘‘has been remarkably successful in business activity. It is also a pricing and amended and new charges fairly promoting market competition in its model that the Exchange and its among its market participants. It is broader forms that are most important to competitors have long employed with equitable for the Exchange to increase investors and listed companies.’’ 7 the assent of the Commission. It is fair its credits to participants whose orders Numerous indicia demonstrate the because it incentivizes customer activity remove liquidity from the Exchange as competitive nature of this market. For that increases liquidity, enhances price a means of incentivizing increased example, clear substitutes to the discovery, and improves the overall liquidity removal activity on the Exchange exist in the market for equity quality of the equity markets. Exchange as well as to tie the receipt of security transaction services. The The Exchange intends for its proposal Exchange is only one of several equity to improve market quality for all 8 See CBOE EDGA Fee Schedule, at https:// venues to which market participants markets.cboe.com/us/equities/membership/fee_ members on the Exchange and by may direct their order flow, and it schedule/edga/; NYSE National Fee Schedule, at extension attract more liquidity to the represents a small percentage of the https://www.nyse.com/publicdocs/nyse/regulation/ market, improving market wide quality _ _ _ _ overall market. It is also only one of nyse/NYSE National Schedule of Fees.pdf. and price discovery. Both net removers 9 The Exchange perceives no regulatory, and net adders of liquidity to the several taker-maker exchanges. structural, or cost impediments to market participants shifting order flow away from it. In Exchange stand to benefit directly from 6 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. particular, the Exchange notes that these examples the proposed changes. Moreover, to the 2010) (quoting Securities Exchange Act Release No. of shifts in liquidity and market share, along with extent that the proposed changes 59039 (December 2, 2008), 73 FR 74770, 74782–83 many others, have occurred within the context of increase liquidity addition and removal (December 9, 2008) (SR–NYSEArca–2006–21)). market participants’ existing duties of Best 7 Securities Exchange Act Release No. 51808 Execution and obligations under the Order activity on the Exchange, this will (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) Protection Rule under Regulation NMS. improve market quality and the (‘‘Regulation NMS Adopting Release’’). 10 See n. 8, supra. attractiveness of the Nasdaq BX market,

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to the benefit of all existing and competing venues if they deem fee III. Date of Effectiveness of the prospective participants. levels at a particular venue to be Proposed Rule Change and Timing for Furthermore, it is not unfairly excessive, or rebate opportunities Commission Action discriminatory for the Exchange to available at other venues to be more The foregoing rule change has become propose higher credits for participants favorable. In such an environment, the effective pursuant to Section with orders in securities in Tapes A and Exchange must continually adjust its 19(b)(3)(A)(ii) of the Act.11 B than it proposes for participants with fees and credits to remain competitive At any time within 60 days of the orders in Tape C because the Exchange with other exchanges and with filing of the proposed rule change, the seeks to promote increased liquidity alternative trading systems that have Commission summarily may removal activity specifically in been exempted from compliance with temporarily suspend such rule change if securities in Tapes A and B. the statutory standards applicable to Moreover, any participant that is it appears to the Commission that such exchanges. Because competitors are free action is: (i) Necessary or appropriate in dissatisfied with the proposed new to modify their own fees and credits in credits or proposed amended or new the public interest; (ii) for the protection response, and because market of investors; or (iii) otherwise in charges is free to shift their order flow participants may readily adjust their to competing venues that provide more furtherance of the purposes of the Act. order routing practices, the Exchange If the Commission takes such action, the favorable pricing or less stringent believes that the degree to which fee qualifying criteria. Commission shall institute proceedings and credits changes in this market may to determine whether the proposed rule B. Self-Regulatory Organization’s impose any burden on competition is should be approved or disapproved. Statement on Burden on Competition extremely limited. The proposed restated schedule of IV. Solicitation of Comments The Exchange does not believe that credits and charges is reflective of this Interested persons are invited to the proposed rule change will impose competition because, as a threshold any burden on competition not submit written data, views, and issue, the Exchange is a relatively small arguments concerning the foregoing, necessary or appropriate in furtherance market so its ability to burden of the purposes of the Act. including whether the proposed rule intermarket competition is limited. In change is consistent with the Act. Intramarket Competition this regard, even the largest U.S. Comments may be submitted by any of The Exchange does not believe that its equities exchange by volume has less the following methods: than 17–18% market share, which in proposal will place any category of Electronic Comments Exchange participant at a competitive most markets could hardly be disadvantage. As noted above, all categorized as having enough market • Use the Commission’s internet members of the Exchange will benefit power to burden competition. Moreover, comment form (http://www.sec.gov/ from any increase in market activity that as noted above, price competition rules/sro.shtml); or the proposal effectuates. Members may between exchanges is fierce, with • Send an email to rule-comments@ grow or modify their businesses so that liquidity and market share moving sec.gov. Please include File No. SR–BX– they can receive the higher credits or freely between exchanges in reaction to 2020–008 on the subject line. fee and credit changes. This is in lower charge. Moreover, members are Paper Comments free to trade on other venues to the addition to free flow of order flow to • extent they believe that the credit and among off-exchange venues which Send paper comments in triplicate provided or fees imposed are not comprised more than 37% of industry to Secretary, Securities and Exchange attractive. As one can observe by volume for the month of March 2019. Commission, 100 F Street NE, looking at any market share chart, price The Exchange intends for the Washington, DC 20549–1090. competition between exchanges is proposed changes to its schedule of All submissions should refer to File No. fierce, with liquidity and market share credits and fees, in the aggregate, to SR–BX–2020–008. This file number moving freely between exchanges in increase member incentives to engage in should be included on the subject line reaction to fee and credit changes. The the removal and addition of liquidity on if email is used. To help the Exchange notes that the tier structure is the Exchange. These changes are Commission process and review your consistent with broker-dealer fee procompetitive and reflective of the comments more efficiently, please use practices as well as the other industries, Exchange’s efforts to make it an only one method. The Commission will as described above. attractive and vibrant venue to market post all comments on the Commission’s participants. internet website (http://www.sec.gov/ Intermarket Competition In sum, if the changes proposed rules/sro.shtml). Copies of the Addressing whether the proposal herein is unattractive to market submission, all subsequent could impose a burden on competition participants, it is likely that the amendments, all written statements on other SROs that is not necessary or Exchange will lose market share as a with respect to the proposed rule appropriate, the Exchange believes that result. Accordingly, the Exchange does change that are filed with the its proposed modifications to its not believe that the proposed changes Commission, and all written schedule of credits and charges will not will impair the ability of members or communications relating to the impose a burden on competition competing order execution venues to proposed rule change between the because the Exchange’s execution maintain their competitive standing in Commission and any person, other than services are completely voluntary and the financial markets. those that may be withheld from the subject to extensive competition both C. Self-Regulatory Organization’s public in accordance with the from the other 12 live exchanges and Statement on Comments on the provisions of 5 U.S.C. 552, will be from off-exchange venues, which Proposed Rule Change Received From available for website viewing and include 32 alternative trading systems. Members, Participants, or Others printing in the Commission’s Public The Exchange notes that it operates in Reference Room, 100 F Street NE, a highly competitive market in which No written comments were either market participants can readily favor solicited or received. 11 15 U.S.C. 78s(b)(3)(A)(ii).

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Washington, DC 20549, on official notice is hereby given that on April 30, concerning the purpose of and basis for business days between the hours of 2020, Nasdaq PHLX LLC (‘‘Phlx’’ or the proposed rule change and discussed 10:00 a.m. and 3:00 p.m. Copies of the ‘‘Exchange’’) filed with the Securities any comments it received on the filing also will be available for and Exchange Commission proposed rule change. The text of these inspection and copying at the principal (‘‘Commission’’) the proposed rule statements may be examined at the office of the Exchange. All comments change as described in Items I, II, and places specified in Item IV below. The received will be posted without change. III, below, which Items have been Exchange has prepared summaries, set Persons submitting comments are prepared by the Exchange. The forth in sections A, B, and C below, of cautioned that we do not redact or edit Commission is publishing this notice to the most significant aspects of such personal identifying information from solicit comments on the proposed rule statements. comment submissions. You should change from interested persons. submit only information that you wish A. Self-Regulatory Organization’s I. Self-Regulatory Organization’s to make available publicly. All Statement of the Purpose of, and Statement of the Terms of Substance of submissions should refer to File No. Statutory Basis for, the Proposed Rule the Proposed Rule Change SR–BX–2020–008, and should be Change submitted on or before June 8, 2020. The Exchange proposes to amend 1. Purpose For the Commission, by the Division of Phlx’s Pricing Schedule at Options 7, Section 4, ‘‘Multiply Listed Options Trading and Markets, pursuant to delegated Phlx proposes to amend its pricing authority.12 Fees (Includes options overlying within Options 7, Section 4, ‘‘Multiply equities, ETFs, ETNs and indexes which J. Matthew DeLesDernier, Listed Options Fees (Includes options Assistant Secretary. are Multiply Listed).’’ The Exchange also proposes to correct a technical overlying equities, ETFs, ETNs and [FR Doc. 2020–10518 Filed 5–15–20; 8:45 am] indexes which are Multiply Listed)’’ to: BILLING CODE 8011–01–P amendment within Options 7, Section 1. While the changes proposed herein (1) Decrease an existing strategy cap for are effective upon filing, the Exchange certain strategies; and (2) establish a SECURITIES AND EXCHANGE has designated the amendments become new daily cap for certain strategies in a 3 COMMISSION operative on May 1, 2020. single class of options. The Exchange The text of the proposed rule change also proposes to correct a technical [Release No. 34–88858; File No. SR–Phlx– is available on the Exchange’s website at amendment within Options 7, Section 1. 2020–26] http://nasdaqphlx.cchwallstreet.com/, Today, to qualify for a strategy cap, Self-Regulatory Organizations; Nasdaq at the principal office of the Exchange, the buy and sell side of a transaction PHLX LLC; Notice of Filing and and at the Commission’s Public must originate either from the Exchange Immediate Effectiveness of a Proposed Reference Room. Trading Floor or as a Floor Qualified Rule Change To Amend Phlx’s Pricing II. Self-Regulatory Organization’s Contingent Cross Order.4 Schedule at Options 7, Section 4 Statement of the Purpose of, and Currently, the Exchange offers the May 12, 2020. Statutory Basis for, the Proposed Rule following strategy caps: Pursuant to Section 19(b)(1) of the Change Securities Exchange Act of 1934 In its filing with the Commission, the (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Exchange included statements

Floor options transactions— Strategy Qualification Cap multiply listed options

Lead Market Maker, Market dividend ...... executed on the same trading day in the same options class $1,100 Maker, Professional, Firm when such members are trading: (1) In their own propri- and Broker-Dealer. etary accounts; or (2) on an agency basis. If transacted on an agency basis, the daily cap will apply per beneficial ac- count. Lead Market Maker, Market reversal and conversion, executed on the same trading day for all options classes in 1,100 Maker, Professional, Firm merger, short stock interest, the aggregate when such members are trading (1) in their and Broker-Dealer. jelly roll, and box spread own proprietary accounts; or (2) on an agency basis. If strategies. transacted on an agency basis, the daily cap will apply per beneficial account. Per member organization ...... dividend, merger, short stock combined executions in a month when trading in its own pro- 65,000 interest, reversal and con- prietary accounts. version, jelly roll and box spread strategies (‘‘Monthly Strategy Cap’’).

• Reversal and conversion, jelly roll not be included in the Monthly Strategy jelly roll and box spread strategy and box spread strategy executions will Cap for a Firm. Reversal and conversion, executions (as defined in this Options 7,

12 17 CFR 200.30–3(a)(12). same underlying stock or Exchange-Traded Fund ‘‘options class’’ and ‘‘options classes’’ in the current 1 15 U.S.C. 78s(b)(1). Share (in the case of options on a stock or rule text, within Options 7, Section 4, with the terms ‘‘class of options’’ and ‘‘classes of options’’, 2 17 CFR 240.19b–4. Exchange-Traded Fund Share) or the same underlying foreign currency (in the case of options respectively, to conform to the defined term. 3 The term ‘‘class of options’’ means all option on a foreign currency). See Options 1, Section 4 See Phlx’s Pricing Schedule at Options 7, contracts of the same type of option covering the 1(b)(9). The Exchange proposes to replace the terms Section 4.

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Section 4) are included in the Monthly Makers,11 Market Makers,12 strategies on the same trading day in a Firm Fee Cap. All dividend, merger, Professionals,13 Firms 14 and Broker- single class of options will be subject to short stock interest, reversal and Dealers 15 with respect to reversal and the daily strategy cap of $700. The conversion, jelly roll and box spread conversion, merger, short stock interest, Exchange qualifications, as proposed, strategy executions (as defined in this jelly roll and box spread strategies from executed on the same trading day for all Options 7, Section 4) will be excluded $1,100 to $1,000. The Exchange believes classes of options in the aggregate when from the Monthly Market Maker Cap. that its proposal will incentivize such members are trading (1) in their NDX and NDXP Options Transactions members to transact a greater number of own proprietary accounts; or (2) on an 16 will be excluded from Strategy Cap reversal and conversion, merger, short agency basis still apply. For example, stock interest, jelly roll and box spread pricing. if a Lead Market Maker executed strategies because the cap for these reversal and conversion strategies only The Exchange offers strategy caps for strategies is being lowered from $1,100 in AAPL options, and otherwise met the various types of strategies, including to $1,000. As proposed, the Exchange qualifications for a reversal and dividend,5 merger,6 short stock notes that this daily cap applies to conversion cap, the proposed $700 daily interest,7 reversal and conversion,8 jelly strategies that were executed on the cap would apply. If the Lead Market roll 9 and box spread10 strategies. same trading day for all classes of Maker executed reversal and conversion The Exchange proposes to add the options in the aggregate when such strategies in AAPL and SPY options, phrase ‘‘(daily)’’ next to the daily caps members are trading (1) in their own and otherwise met the qualifications for and ‘‘(monthly)’’ next to the monthly proprietary accounts; or (2) on an a reversal and conversion cap, the agency basis. If transacted on an agency cap in the Cap column for clarity. The proposed $1,000 daily cap would apply. basis, the daily cap will apply per Exchange also proposes to rename the The Exchange believes that offering a beneficial account. The Exchange also ‘‘Cap’’ column as ‘‘Daily/Monthly Cap.’’ daily cap, when executions are only in proposes to state within the rule text, a single class of options, will incentivize The Exchange proposes to amend the after the amended $1,000 cap and the members to transact a greater number of strategy cap applicable to Lead Market term ‘‘(daily),’’ ‘‘if more than one class reversal and conversion, merger, short of options.’’ The daily cap applies to stock interest, jelly roll and box spread executions for all classes of options. The strategies. Exchange proposes to add this rule text The Exchange proposes to amend a because it is proposing a new daily cap cross-reference within the description of 5 A dividend strategy is defined as transactions applicable to executions in a single class the term ‘‘Customer’’ within Options 7, done to achieve a dividend arbitrage involving the of options. Section 1. Specifically, the Exchange purchase, sale and exercise of in-the-money options The Exchange proposes to establish a proposes to amend the cross-reference of the same class, executed the first business day new daily cap of $700 for reversal and to the term ‘‘Professional,’’ within that prior to the date on which the underlying stock goes conversion, merger, short stock interest, description of Customer, from Rule ex-dividend. See Options 7, Section 4. jelly roll and box spread strategies in a 6 A merger strategy is defined as transactions 1000(b)(43) to Options 1, Section single class of options. Lead Market 1(b)(45). done to achieve a merger arbitrage involving the Makers, Market Makers, Professionals, purchase, sale and exercise of options of the same 2. Statutory Basis class and expiration date, executed the first Firms and Broker-Dealers who execute business day prior to the date on which reversal and conversion, merger, short The Exchange believes that its shareholders of record are required to elect their stock interest, jelly roll and box spread proposal is consistent with Section 6(b) respective form of consideration, i.e., cash or stock. of the Act,17 in general, and furthers the See Options 7, Section 4. 11 The term ‘‘Lead Market Maker’’ applies to objectives of Sections 6(b)(4) and 6(b)(5) 7 A short stock interest strategy is defined as transactions for the account of a Lead Market Maker of the Act,18 in particular, in that it transactions done to achieve a short stock interest (as defined in Options 2, Section 12(a)). A Lead arbitrage involving the purchase, sale and exercise Market Maker is an Exchange member who is provides for the equitable allocation of registered as an options Lead Market Maker of in-the-money options of the same class. See reasonable dues, fees and other charges pursuant to Rule Options 2, Section 12(a). An among members and issuers and other Options 7, Section 4. options Lead Market Maker includes a Remote Lead 8 Reversal and conversion strategies are Market Maker which is defined as an options Lead persons using any facility, and is not transactions that employ calls and puts of the same Market Maker in one or more classes that does not designed to permit unfair strike price and the underlying stock. Reversals are have a physical presence on an Exchange floor and discrimination between customers, established by combining a short stock position is approved by the Exchange pursuant to Options issuers, brokers, or dealers. with a short put and a long call position that shares 2, Section 11. See Options 7, Section 1. The Commission and the courts have 12 The term ‘‘Market Maker’’ is defined in Options the same strike and expiration. Conversions employ repeatedly expressed their preference long positions in the underlying stock that 1, Section 1(b)(28) as a member of the Exchange accompany long puts and short calls sharing the who is registered as an options Market Maker for competition over regulatory pursuant to Options 2, Section 12(a). A Market same strike and expiration. See Options 7, Section intervention in determining prices, Maker includes SQTs and RSQTs as well as on and products, and services in the securities 4. Floor Market Makers. See Options 7, Section 1. 9 A jelly roll strategy is defined as transactions 13 The term ‘‘Professional’’ applies to transactions markets. In Regulation NMS, while created by entering into two separate positions for the accounts of Professionals, as defined in adopting a series of steps to improve the simultaneously. One position involves buying a put Exchange Rule 1000(b)(43) means any person or current market model, the Commission and selling a call with the same strike price and entity that (i) is not a broker or dealer in securities, highlighted the importance of market expiration. The second position involves selling a and (ii) places more than 390 orders in listed options per day on average during a calendar month forces in determining prices and SRO put and buying a call, with the same strike price, revenues and, also, recognized that but with a different expiration from the first for its own beneficial account(s). See Options 7, position. See Options 7, Section 4. Section 1. current regulation of the market system 14 The term ‘‘Firm’’ applies to any transaction that 10 A box spread strategy is a strategy that ‘‘has been remarkably successful in is identified by a member or member organization promoting market competition in its synthesizes long and short stock positions to create for clearing in the Firm range at The Options a profit. Specifically, a long call and short put at Clearing Corporation. See Options 7, Section 1. one strike is combined with a short call and long 15 The term ‘‘Broker-Dealer’’ applies to any 16 If transacted on an agency basis, the daily cap put at a different strike to create synthetic long and transaction which is not subject to any of the other will apply per beneficial account. synthetic short stock positions, respectively. See transaction fees applicable within a particular 17 15 U.S.C. 78f(b). Options 7, Section 4. category. See Options 7, Section 1. 18 15 U.S.C. 78f(b)(4) and (5).

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broader forms that are most important to Makers, Market Makers, Professionals, Options 1, Section 1(b)(45) is a non- investors and listed companies.’’ 19 Firms and Broker-Dealers may qualify substantive amendment. Likewise, in NetCoalition v. Securities for the reversal and conversion, merger, B. Self-Regulatory Organization’s and Exchange Commission 20 short stock interest, jelly roll and box Statement on Burden on Competition (‘‘NetCoalition’’) the D.C. Circuit upheld spread strategy cap provided they the Commission’s use of a market-based transact the requisite amount of reversal The Exchange does not believe that approach in evaluating the fairness of and conversion, merger, short stock the proposed rule change will impose market data fees against a challenge interest, jelly roll and box spread any burden on competition not claiming that Congress mandated a cost- strategies, wherein the buy and sell side necessary or appropriate in furtherance based approach.21 As the court of a transaction originated either from of the purposes of the Act. emphasized, the Commission ‘‘intended the Exchange Trading Floor or as a Floor Inter-Market Competition in Regulation NMS that ‘market forces, Qualified Contingent Cross Order. The The proposal does not impose an rather than regulatory requirements’ Exchange notes that while Customers 24 undue burden on inter-market play a role in determining the market are not offered the strategy caps, competition. The Exchange believes its data . . . to be made available to Customers are not assessed the Options proposal remains competitive with investors and at what cost.’’ 22 Transaction Charges within Options 7, other options markets and will offer Further, ‘‘[n]o one disputes that Section 4. market participants with another choice competition for order flow is ‘fierce.’ The Exchange’s proposal to establish . . . As the SEC explained, ‘[i]n the U.S. of where to transact options. The a new daily cap of $700 for reversal and Exchange notes that it operates in a national market system, buyers and conversion, merger, short stock interest, sellers of securities, and the broker- highly competitive market in which jelly roll and box spread strategies in a market participants can readily favor dealers that act as their order-routing single class of options, with the same agents, have a wide range of choices of competing venues if they deem fee qualifications as today, is reasonable. levels at a particular venue to be where to route orders for execution’; The proposed daily cap will incentivize [and] ‘no exchange can afford to take its excessive, or rebate opportunities Lead Market Makers, Market Makers, available at other venues to be more market share percentages for granted’ Professionals, Firms and Broker-Dealers because ‘no exchange possesses a favorable. In such an environment, the to execute a greater number of reversal Exchange must continually adjust its monopoly, regulatory or otherwise, in and conversion, merger, short stock the execution of order flow from broker fees to remain competitive with other interest, jelly roll and box spread exchanges that have been exempted dealers’....’’23 Although the court strategies for the opportunity to qualify and the SEC were discussing the cash from compliance with the statutory for the new daily cap. standards applicable to exchanges. equities markets, the Exchange believes The Exchange’s proposal to establish that these views apply with equal force Because competitors are free to modify a new daily cap of $700 for reversal and their own fees in response, and because to the options markets. conversion, merger, short stock interest, The Exchange’s proposal to decrease market participants may readily adjust jelly roll and box spread strategies in a the strategy cap applicable to Lead their order routing practices, the single class of options, with the same Market Makers, Market Makers, Exchange believes that the degree to qualifications as today, is equitable and Professionals, Firms and Broker-Dealers which fee changes in this market may not unfairly discriminatory because all with respect to reversal and conversion, impose any burden on competition is Lead Market Makers, Market Makers, merger, short stock interest, jelly roll extremely limited. Professionals, Firms and Broker-Dealers and box spread strategies from $1,100 to may qualify for the reversal and Intra-Market Competition $1,000 is reasonable because it will conversion, merger, short stock interest, The proposed amendments do not incentivize Lead Market Makers, Market jelly roll and box spread daily strategy impose an undue burden on intra- Makers, Professionals, Firms and cap provided they transact the requisite market competition. Broker-Dealers to transact a greater amount of reversal and conversion, The Exchange’s proposal to decrease number of reversal and conversion, merger, short stock interest, jelly roll the strategy cap applicable to Lead merger, short stock interest, jelly roll and box spread strategies, wherein the Market Makers, Market Makers, and box spread strategies with the lower buy and sell side of a transaction Professionals, Firms and Broker-Dealers cap. originated either from the Exchange with respect to reversal and conversion, The Exchange’s proposal to decrease Trading Floor or as a Floor Qualified merger, short stock interest, jelly roll the strategy cap applicable to Lead Contingent Cross Order in a single class and box spread strategies from $1,100 to Market Makers, Market Makers, of options. The Exchange notes that $1,000 does not impose an undue Professionals, Firms and Broker-Dealers while Customers are not offered the burden on competition because all Lead with respect to reversal and conversion, strategy caps, Customers are not Market Makers, Market Makers, merger, short stock interest, jelly roll assessed the Options Transaction Professionals, Firms and Broker-Dealers and box spread strategies from $1,100 to Charges within Options 7, Section 4. may qualify for the reversal and $1,000 is equitable and not unfairly conversion, merger, short stock interest, discriminatory because all Lead Market The Exchange’s proposal to amend a cross-reference within the description of jelly roll and box spread strategy cap provided they transact the requisite 19 Securities Exchange Act Release No. 51808 the term ‘‘Customer’’ within Options 7, (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) Section 1 from Rule 1000(b)(43) to amount of reversal and conversion, (‘‘Regulation NMS Adopting Release’’). merger, short stock interest, jelly roll 20 NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 24 The term ‘‘Customer’’ applies to any and box spread strategies, wherein the 2010). transaction that is identified by a member or buy and sell side of a transaction 21 See NetCoalition, at 534–535. member organization for clearing in the Customer originated either from the Exchange 22 Id. at 537. range at The Options Clearing Corporation (‘‘OCC’’) Trading Floor or as a Floor Qualified 23 Id. at 539 (quoting Securities Exchange Act which is not for the account of a broker or dealer Release No. 59039 (December 2, 2008), 73 FR or for the account of a ‘‘Professional’’ (as that term Contingent Cross Order. The Exchange 74770, 74782–83 (December 9, 2008) (SR– is defined in Options 1, Section 1(b)(45)). See notes that while Customers are not NYSEArca–2006–21)). proposed Options 7, Section 1. offered the strategy caps, Customers are

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not assessed the Options Transaction Comments may be submitted by any of SECURITIES AND EXCHANGE Charges within Options 7, Section 4. the following methods: COMMISSION The Exchange’s proposal to establish a new daily cap of $700 for reversal and Electronic Comments Sunshine Act Meetings conversion, merger, short stock interest, • Use the Commission’s internet jelly roll and box spread strategies in a comment form (http://www.sec.gov/ TIME AND DATE: 2:00 p.m. on single class of options, with the same rules/sro.shtml); or Wednesday, May 20, 2020. qualifications as today, does not impose • an undue burden on competition Send an email to rule-comments@ PLACE: The meeting will be held via because all Lead Market Makers, Market sec.gov. Please include File Number SR– remote means and/or at the Makers, Professionals, Firms and Phlx–2020–26 on the subject line. Commission’s headquarters, 100 F Street NE, Washington, DC 20549. Broker-Dealers may qualify for the Paper Comments reversal and conversion, merger, short STATUS: This meeting will be closed to stock interest, jelly roll and box spread • Send paper comments in triplicate the public. daily strategy cap provided they transact to Secretary, Securities and Exchange the requisite amount of reversal and Commission, 100 F Street NE, MATTERS TO BE CONSIDERED: conversion, merger, short stock interest, Washington, DC 20549–1090. Commissioners, Counsel to the jelly roll and box spread strategies, Commissioners, the Secretary to the wherein the buy and sell side of a All submissions should refer to File Commission, and recording secretaries transaction originated either from the Number SR–Phlx–2020–26. This file will attend the closed meeting. Certain number should be included on the Exchange Trading Floor or as a Floor staff members who have an interest in subject line if email is used. To help the Qualified Contingent Cross Order in a the matters also may be present. single class of options. The Exchange Commission process and review your In the event that the time, date, or notes that while Customers are not comments more efficiently, please use offered the strategy caps, Customers are only one method. The Commission will location of this meeting changes, an not assessed the Options Transaction post all comments on the Commission’s announcement of the change, along with Charges within Options 7, Section 4. internet website (http://www.sec.gov/ the new time, date, and/or place of the The Exchange’s proposal to amend a rules/sro.shtml). Copies of the meeting will be posted on the cross-reference within the description of submission, all subsequent Commission’s website at https:// the term ‘‘Customer’’ within Options 7, amendments, all written statements www.sec.gov. Section 1 from Rule 1000(b)(43) to with respect to the proposed rule The General Counsel of the Options 1, Section 1(b)(45) is a non- change that are filed with the Commission, or his designee, has substantive amendment. Commission, and all written certified that, in his opinion, one or communications relating to the C. Self-Regulatory Organization’s more of the exemptions set forth in 5 proposed rule change between the Statement on Comments on the U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) Proposed Rule Change Received From Commission and any person, other than and (10) and 17 CFR 200.402(a)(3), Members, Participants, or Others those that may be withheld from the (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and public in accordance with the No written comments were either (a)(10), permit consideration of the provisions of 5 U.S.C. 552, will be scheduled matters at the closed meeting. solicited or received. available for website viewing and The subject matter of the closed III. Date of Effectiveness of the printing in the Commission’s Public meeting will consist of the following Proposed Rule Change and Timing for Reference Room, 100 F Street NE, Commission Action Washington, DC 20549, on official topic: business days between the hours of The foregoing rule change has become Institution and settlement of injunctive 10:00 a.m. and 3:00 p.m. Copies of the effective pursuant to Section actions; filing also will be available for 19(b)(3)(A)(ii) of the Act.25 Institution and settlement of administrative At any time within 60 days of the inspection and copying at the principal proceedings; filing of the proposed rule change, the office of the Exchange. All comments Resolution of litigation claims; and Commission summarily may received will be posted without change. Other matters relating to enforcement temporarily suspend such rule change if Persons submitting comments are proceedings. it appears to the Commission that such cautioned that we do not redact or edit personal identifying information from At times, changes in Commission action is: (i) Necessary or appropriate in priorities require alterations in the the public interest; (ii) for the protection comment submissions. You should submit only information that you wish scheduling of meeting agenda items that of investors; or (iii) otherwise in may consist of adjudicatory, furtherance of the purposes of the Act. to make available publicly. All examination, litigation, or regulatory If the Commission takes such action, the submissions should refer to File matters. Commission shall institute proceedings Number SR–Phlx–2020–26 and should to determine whether the proposed rule be submitted on or before June 8, 2020. CONTACT PERSON FOR MORE INFORMATION: should be approved or disapproved. For the Commission, by the Division of For further information; please contact IV. Solicitation of Comments Trading and Markets, pursuant to delegated Vanessa A. Countryman from the Office authority.26 of the Secretary at (202) 551–5400. Interested persons are invited to J. Matthew DeLesDernier, submit written data, views, and Dated: May 13, 2020. arguments concerning the foregoing, Assistant Secretary. Vanessa A. Countryman, including whether the proposed rule [FR Doc. 2020–10517 Filed 5–15–20; 8:45 am] Secretary. change is consistent with the Act. BILLING CODE 8011–01–P [FR Doc. 2020–10714 Filed 5–14–20; 11:15 am] BILLING CODE 8011–01–P 25 15 U.S.C. 78s(b)(3)(A)(ii). 26 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance SMALL BUSINESS ADMINISTRATION Number 59008) [Disaster Declaration #16448 and #16449; Cynthia Pitts, [Disaster Declaration #16446 and #16447; Mississippi Disaster Number MS–00127] Acting Associate Administrator for Disaster NORTH CAROLINA Disaster Number NC– Assistance. 00116] Presidential Declaration of a Major [FR Doc. 2020–10520 Filed 5–15–20; 8:45 am] Disaster for Public Assistance Only for Presidential Declaration of a Major BILLING CODE 8026–03–P the State of Mississippi Disaster for Public Assistance Only for the State of North Carolina AGENCY: U.S. Small Business SMALL BUSINESS ADMINISTRATION Administration. AGENCY: U.S. Small Business Administration. ACTION: Notice. [Disaster Declaration #16431 and #16432; ACTION: Notice. TENNESSEE Disaster Number TN–00122] SUMMARY: This is a Notice of the SUMMARY: This is a Notice of the Presidential declaration of a major Presidential Declaration Amendment of Presidential declaration of a major disaster for Public Assistance Only for a Major Disaster for Public Assistance disaster for Public Assistance Only for the State of MISSISSIPPI (FEMA–4536– Only for the State of Tennessee the State of North Carolina (FEMA– DR), dated 05/08/2020. 4543–DR), dated 05/08/2020. AGENCY: U.S. Small Business Incident: Severe Storms, Tornadoes, Incident: Severe Storms, Tornadoes, Administration. Straight-line Winds, and Flooding. and Flooding. Incident Period: 04/12/2020. ACTION: Amendment 1. Incident Period: 02/06/2020 through DATES: Issued on 05/08/2020. 02/19/2020. SUMMARY: This is an amendment of the DATES: Issued on 05/08/2020. Physical Loan Application Deadline Presidential declaration of a major Date: 07/07/2020. Physical Loan Application Deadline disaster for Public Assistance Only for Date: 07/07/2020. Economic Injury (EIDL) Loan the State of Tennessee (FEMA–4541– Economic Injury (EIDL) Loan Application Deadline Date: 02/08/2021. DR), dated 04/24/2020. Application Deadline Date: 02/08/2021. Incident: Severe Storms, Tornadoes, ADDRESSES: Submit completed loan ADDRESSES: Submit completed loan applications to: U.S. Small Business Straight-line Winds, and Flooding. applications to: U.S. Small Business Administration, Processing and Incident Period: 04/12/2020 through Administration, Processing and Disbursement Center, 14925 Kingsport 04/13/2020. Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. DATES: Issued on 05/08/2020. Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Physical Loan Application Deadline FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, Date: 06/23/2020. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, Economic Injury (EIDL) Loan U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Application Deadline Date: 01/25/2021. 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205–6734. Washington, DC 20416, (202) 205–6734. ADDRESSES: Submit completed loan SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: Notice is Notice is applications to: U.S. Small Business hereby given that as a result of the hereby given that as a result of the Administration, Processing and President’s major disaster declaration on President’s major disaster declaration on Disbursement Center, 14925 Kingsport 05/08/2020, Private Non-Profit 05/08/2020, Private Non-Profit Road, Fort Worth, TX 76155. organizations that provide essential organizations that provide essential services of a governmental nature may FOR FURTHER INFORMATION CONTACT: A. services of a governmental nature may file disaster loan applications at the Escobar, Office of Disaster Assistance, file disaster loan applications at the address listed above or other locally U.S. Small Business Administration, address listed above or other locally announced locations. 409 3rd Street SW, Suite 6050, announced locations. The following areas have been Washington, DC 20416, (202) 205–6734. The following areas have been determined to be adversely affected by SUPPLEMENTARY INFORMATION: The notice determined to be adversely affected by the disaster: of the President’s major disaster the disaster: Primary Counties: Covington, Jefferson Davis, declaration for Private Non-Profit Primary Counties: Alexander, Ashe, Jones. organizations in the State of Cherokee, Cleveland, Graham, The Interest Rates are: TENNESSEE, dated 04/24/2020, is Madison, Mitchell, Pender, hereby amended to include the Perquimans, Polk, Randolph, Percent following areas as adversely affected by Rutherford, Stanly, Stokes, Swain, the disaster. Wayne, Yadkin, Yancey. For Physical Damage: Primary Counties: Unicoi. The Interest Rates are: Non-Profit Organizations With Credit Available Elsewhere ..... 2.750 All other information in the original Percent Non-Profit Organizations Without declaration remains unchanged. Credit Available Elsewhere ..... 2.750 (Catalog of Federal Domestic Assistance For Physical Damage: For Economic Injury: Number 59008) Non-Profit Organizations With Non-Profit Organizations Without Credit Available Elsewhere ..... 2.750 Credit Available Elsewhere ..... 2.750 Cynthia Pitts, Non-Profit Organizations Without Acting Associate Administrator for Disaster Credit Available Elsewhere ..... 2.750 The number assigned to this disaster Assistance. For Economic Injury: Non-Profit Organizations Without [FR Doc. 2020–10525 Filed 5–15–20; 8:45 am] for physical damage is 16448C and for Credit Available Elsewhere ..... 2.750 economic injury is 164490. BILLING CODE 8026–03–P

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The number assigned to this disaster (Catalog of Federal Domestic Assistance • Type of Request: Revision of a for physical damage is 16446B and for Number 59008) Currently Approved Collection. • economic injury is 164470. Cynthia Pitts, Originating Office: Bureau of (Catalog of Federal Domestic Assistance Acting Associate Administrator for Disaster Consular Affairs, Overseas Citizens Number 59008) Assistance. Services (CA/OCS). • Form Number: DS–5528. [FR Doc. 2020–10524 Filed 5–15–20; 8:45 am] Cynthia Pitts, • Respondents: U.S. citizens, U.S. BILLING CODE 8026–03–P Acting Associate Administrator for Disaster non-citizen nationals, lawful permanent Assistance. residents, and foreign nationals [FR Doc. 2020–10523 Filed 5–15–20; 8:45 am] applying for emergency loan assistance DEPARTMENT OF STATE BILLING CODE 8026–03–P during an evacuation. [Public Notice 11120] • Estimated Number of Respondents: 525. SMALL BUSINESS ADMINISTRATION 60-Day Notice of Proposed Information • Estimated Number of Responses: [Disaster Declaration #16421 and #16422; Collection: Evacuee Manifest and 525. MISSISSIPPI Disaster Number MS–00124 Promissory Note • Average Time per Response: 20 Presidential] minutes. ACTION: Notice of request for public • Total Estimated Burden Time: 175 Declaration Amendment of a Major comment. hours. Disaster for the State of Mississippi • Frequency: On Occasion. SUMMARY: The Department of State is • AGENCY: U.S. Small Business seeking Office of Management and Obligation to Respond: Required to Administration. Budget (OMB) approval for the Obtain Benefit. ACTION: Amendment 1. information collection described below. We are soliciting public comments to In accordance with the Paperwork permit the Department to: SUMMARY: This is an amendment of the Reduction Act of 1995, we are • Evaluate whether the proposed Presidential declaration of a major requesting comments on this collection information collection is necessary for disaster for the State of Mississippi from all interested individuals and the proper functions of the Department. (FEMA–4536–DR), dated 04/16/2020. organizations. The purpose of this • Evaluate the accuracy of our Incident: Severe Storms, Tornadoes, notice is to allow 60 days for public estimate of the time and cost burden for Straight-line Winds, and Flooding. comment preceding submission of the this proposed collection, including the Incident Period: 04/12/2020. collection to OMB. validity of the methodology and DATES: Issued on 05/08/2020. assumptions used. DATES: The Department will accept • Physical Loan Application Deadline comments from the public up to July 17, Enhance the quality, utility, and Date: 06/15/2020. 2020. clarity of the information to be Economic Injury (EIDL) Loan collected. ADDRESSES: You may submit comments Application Deadline Date: 01/19/2021. • Minimize the reporting burden on by any of the following methods: ADDRESSES: Submit completed loan • those who are to respond, including the Web: Persons with access to the use of automated collection techniques applications to: U.S. Small Business internet may comment on this notice by Administration, Processing and or other forms of information going to www.Regulations.gov. You can technology. Disbursement Center, 14925 Kingsport search for the document by entering Road, Fort Worth, TX 76155. ‘‘Docket Number: DOS–2020–0021’’ in Please note that comments submitted in FOR FURTHER INFORMATION CONTACT: A. the Search field. Then click the response to this Notice are public Escobar, Office of Disaster Assistance, ‘‘Comment Now’’ button and complete record. Before including any detailed U.S. Small Business Administration, the comment form. personal information, you should be 409 3rd Street SW, Suite 6050, • Email: [email protected]. aware that your comments as submitted, Washington, DC 20416, (202) 205–6734. • Regular Mail: Send written including your personal information, will be available for public review. SUPPLEMENTARY INFORMATION: The notice comments to: U.S. Department of State, of the President’s major disaster 600 19th St. NW, Washington, DC Abstract of Proposed Collection 20522–1710. declaration for the State of MISSISSIPPI, The purpose of the DS–5528 is to You must include the DS form dated 04/16/2020, is hereby amended to document the evacuation of persons number (if applicable), information include the following areas as adversely from abroad when their lives are collection title, and the OMB control affected by the disaster: endangered by war, civil unrest, or number in any correspondence. Primary Counties (Physical Damage and natural disaster; document issuance of a Economic Injury Loans): Clarke, FOR FURTHER INFORMATION CONTACT: crisis evacuation loan; obtain a Privacy Grenada, Jasper, Lawrence, Panola, Direct requests for additional Act Waiver to share information about Walthall. information regarding the collection the welfare of a U.S. citizen or U.S. Contiguous Counties (Economic Injury listed in this notice, including requests lawful permanent resident consistent Loans Only): for copies of the proposed collection with the Privacy Act of 1974; and, to Alabama: Choctaw. instrument and supporting documents, facilitate debt collection. Louisiana: Washington. to Clifton Oliphant Department of State, Mississippi: Calhoun, Carroll, Copiah, 600 19th St. NW, Washington, DC Methodology Lafayette, Lauderdale, Leflore, 20522–1710, who may be reached at An electronic version of the Evacuee Lincoln, Montgomery, Newton, [email protected] or 202–485–6020. Manifest and Promissory Note in the Pike, Quitman, Scott, Tallahatchie, SUPPLEMENTARY INFORMATION: form of a .pdf file was created, allowing Tate, Tunica, Webster, Yalobusha. • Title of Information Collection: applicants to type their information into All other information in the original Evacuee Manifest and Promissory Note. the form, print it, and present it to a declaration remains unchanged. • OMB Control Number: 1405–0211. consular officer at the evacuation point.

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An alternative input method for Contact: Alexander Dusenberry, (202) http://www.regulations.gov, as evacuees utilizing the MS-Forms 245–0319 described in the system of records application has been utilized by some notice (DOT/ALL–14 FDMS), which can Aretha Laws-Byrum, posts and provides the same be reviewed at http://www.dot.gov/ functionality as the .pdf file. After Clearance Clerk. privacy. completing the Microsoft Forms fields, [FR Doc. 2020–10605 Filed 5–15–20; 8:45 am] Docket: Background documents or applicants may print out and sign the BILLING CODE 4915–01–P comments received may be read at form and transmit the form to post via http://www.regulations.gov at any time. email/fax. Alternatively, consular Follow the online instructions for officers may accept a completed but DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket unsigned form electronically, print it Operations in Room W12–140 of the out, and then obtain the applicant’s Federal Aviation Administration West Building Ground Floor at 1200 signature on the form prior to the [Summary Notice No. 2020–29] New Jersey Avenue SE, Washington, DC individual boarding the transport. 20590–0001, between 9 a.m. and 5 p.m., Continued software development may Petition for Exemption; Summary of Monday through Friday, except Federal provide the capability to electronically Petition Received; Air Wisconsin holidays. submit signed loan applications for Airlines, LLC. FOR FURTHER INFORMATION CONTACT: adjudication. The final stage of software Megan Blatchford, (202) 267–3896, AGENCY: Federal Aviation development should not only allow the Office of Rulemaking, Federal Aviation Administration (FAA), Department of applicant to enter his/her information Administration, 800 Independence Transportation (DOT). and submit the form, but will also make Avenue SW, Washington, DC 20591. the information available for welfare ACTION: Notice. This notice is published pursuant to inquiries which fall under the Privacy 14 CFR 11.85. Act of 1974, as well as all stages of SUMMARY: This notice contains a summary of a petition seeking relief Issued in Washington, DC, on May 13, financial processing including the 2020. Department of State’s debt collection from specified requirements of Federal Brandon Roberts, process. Due to the potential for serious Aviation Regulations. The purpose of conditions during crisis events that this notice is to improve the public’s Acting Executive Director, Office of Rulemaking. often affect electronic and internet awareness of, and participation in, the infrastructure systems, the electronic FAA’s exemption process. Neither Petition for Exemption publication of this notice nor the form will not replace the paper form. Docket No.: FAA–2020–0395. Rather, the paper form will still be inclusion or omission of information in the summary is intended to affect the Petitioner: Air Wisconsin Airlines, maintained and used in the event that LLC. applicants are unable to submit forms legal status of the petition or its final disposition. Section of 14 CFR Affected: electronically. § 121.434(g). DATES: Comments on this petition must Zachary Parker, Description of Relief Sought: Air identify the petition docket number and Director. Wisconsin Airlines, LLC (Air must be received on or before May 26, Wisconsin) seeks relief from [FR Doc. 2020–10585 Filed 5–15–20; 8:45 am] 2020. BILLING CODE 4710–06–P § 121.434(g) of Title 14 of the Code of ADDRESSES: Send comments identified Federal Regulations to allow all pilots by docket number FAA–2020–0395 required to have 100 hours of line using any of the following methods: operating flight time for consolidation of • SURFACE TRANSPORTATION BOARD Federal eRulemaking Portal: Go to knowledge and skill after an initial http://www.regulations.gov and follow checking event with Air Wisconsin to Release of Waybill Data the online instructions for sending your extend the timeframe requirement from comments electronically. 120 days to 240 days with added The Surface Transportation Board • Mail: Send comments to Docket checks, due to the reduction in capacity (Board) has received a joint request from Operations, M–30; U.S. Department of across the aviation industry as a result the Missouri Department of Transportation, 1200 New Jersey of COVID–19. Transportation, the Illinois Department Avenue SE, Room W12–140, West [FR Doc. 2020–10619 Filed 5–15–20; 8:45 am] of Transportation, the Kansas Building Ground Floor, Washington, DC BILLING CODE 4910–13–P Department of Transportation, and the 20590–0001. Arkansas Department of Transportation • Hand Delivery or Courier: Take (WB20–19—5/7/2020) for permission to comments to Docket Operations in DEPARTMENT OF TRANSPORTATION use select data from the Board’s 2012– Room W12–140 of the West Building 2018 Masked Carload Waybill Sample. Ground Floor at 1200 New Jersey Federal Aviation Administration A copy of this request may be obtained Avenue SE, Washington, DC 20590– from the Board’s website under docket 0001, between 9 a.m. and 5 p.m., [Summary Notice No. FAA–2020–28] no. WB20–19. Monday through Friday, except Federal Petition for Exemption; Summary of The waybill sample contains holidays. Petition Received; Airlines for America confidential railroad and shipper data; • Fax: Fax comments to Docket therefore, if any parties object to these Operations at (202) 493–2251. AGENCY: Federal Aviation requests, they should file their Privacy: In accordance with 5 U.S.C. Administration (FAA), Department of objections with the Director of the 553(c), DOT solicits comments from the Transportation (DOT). Board’s Office of Economics within 14 public to better inform its rulemaking ACTION: Notice. calendar days of the date of this notice. process. DOT posts these comments, The rules for release of waybill data are without edit, including any personal SUMMARY: This notice contains a codified at 49 CFR 1244.9. information the commenter provides, to summary of a petition seeking relief

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from specified requirements of Federal Issued in Washington, DC, on May 13, Transportation, 1200 New Jersey Aviation Regulations. The purpose of 2020. Avenue SE, Room W12–140, West this notice is to improve the public’s Brandon Roberts, Building Ground Floor, Washington, DC awareness of, and participation in, the Acting Executive Director, Office of 20590–0001. FAA’s exemption process. Neither Rulemaking. • Hand Delivery or Courier: Take publication of this notice nor the Petition for Exemption comments to Docket Operations in inclusion or omission of information in Room W12–140 of the West Building the summary is intended to affect the Docket No.: FAA–2020–0308 Ground Floor at 1200 New Jersey legal status of the petition or its final Petitioner: Airlines for America Section(s) of 14 CFR Affected: Avenue SE, Washington, DC 20590– disposition. §§ 121.401(b), 121.411(g), 121.412(g), 0001, between 9 a.m. and 5 p.m., DATES: Comments on this petition must 121.413(b), 121.414(b), 121.439(a), Monday through Friday, except Federal holidays. identify the petition docket number and 121.903(e), and 121.1005(d) • must be received on or before May 26, Description of Relief Sought: The Fax: Fax comments to Docket 2020. petitioner requests an extension of Operations at (202) 493–2251. Privacy: In accordance with 5 U.S.C. ADDRESSES: Send comments identified Exemption No.18511, which provides 553(c), DOT solicits comments from the by docket number FAA–2020–0308 limited relief to the timeframes for public to better inform its rulemaking using any of the following methods: completing recurrent training and process. DOT posts these comments, • Federal eRulemaking Portal: Go to qualification requirements for ground personnel, crewmembers (includes without edit, including any personal http://www.regulations.gov and follow information the commenter provides, to the online instructions for sending your pilots, flight engineers, and flight attendants), and aircraft dispatchers. If http://www.regulations.gov, as comments electronically. described in the system of records • Mail: Send comments to Docket granted, the extension of this exemption would provide limited relief from notice (DOT/ALL–14 FDMS), which can Operations, M–30; U.S. Department of be reviewed at http://www.dot.gov/ Transportation, 1200 New Jersey timeframes for completing certain training and qualification requirements privacy. Avenue SE, Room W12–140, West Docket: Background documents or Building Ground Floor, Washington, DC due through September 30, 2020. [FR Doc. 2020–10620 Filed 5–15–20; 8:45 am] comments received may be read at 20590–0001. http://www.regulations.gov at any time. • BILLING CODE 4910–13–P Hand Delivery or Courier: Take Follow the online instructions for comments to Docket Operations in accessing the docket or go to the Docket Room W12–140 of the West Building DEPARTMENT OF TRANSPORTATION Operations in Room W12–140 of the Ground Floor at 1200 New Jersey West Building Ground Floor at 1200 Avenue SE, Washington, DC 20590– Federal Aviation Administration New Jersey Avenue SE, Washington, DC 0001, between 9 a.m. and 5 p.m., 20590–0001, between 9 a.m. and 5 p.m., [Summary Notice No. 2020–16] Monday through Friday, except Federal Monday through Friday, except Federal holidays. holidays. • Fax: Fax comments to Docket Petition for Exemption; Summary of Operations at (202) 493–2251. Petition Received; Patrick Tohill FOR FURTHER INFORMATION CONTACT: Jake Troutman (202) 683–7788, Office of Privacy: In accordance with 5 U.S.C. AGENCY: Federal Aviation Rulemaking, Federal Aviation 553(c), DOT solicits comments from the Administration (FAA), Department of Administration, 800 Independence public to better inform its rulemaking Transportation (DOT). Avenue SW, Washington, DC 20591. process. DOT posts these comments, ACTION: Notice. without edit, including any personal This notice is published pursuant to information the commenter provides, to SUMMARY: This notice contains a 14 CFR 11.85. http://www.regulations.gov, as summary of a petition seeking relief Issued in Washington, DC, on May 13, described in the system of records from specified requirements of Federal 2020. notice (DOT/ALL–14 FDMS), which can Aviation Regulations. The purpose of Brandon Roberts, be reviewed at http://www.dot.gov/ this notice is to improve the public’s Deputy Executive Director, Office of privacy. awareness of, and participation in, the Rulemaking. FAA’s exemption process. Neither Docket: Background documents or Petition for Exemption comments received may be read at publication of this notice nor the http://www.regulations.gov at any time. inclusion or omission of information in Docket No.: FAA–2020–0226 Follow the online instructions for the summary is intended to affect the Petitioner: Patrick Tohill accessing the docket or go to the Docket legal status of the petition or its final Section(s) of 14 CFR Affected: Operations in Room W12–140 of the disposition. §§ 61.3(a)(1)(i); 91.119(c); 91.121; West Building Ground Floor at 1200 DATES: Comments on this petition must 91.151(b); 91.405(a); 91.407(a)(1); New Jersey Avenue SE, Washington, DC identify the petition docket number and 91.409(a)(1) & (2); & 91.417(a) & (b). 20590–0001, between 9 a.m. and 5 p.m., must be received on or before June 8, Description of Relief Sought: The Monday through Friday, except Federal 2020. proposed exemption, if granted, would holidays. allow the petitioner to operate the ADDRESSES: Send comments identified Freefly Systems, Inc. Alta X unmanned FOR FURTHER INFORMATION CONTACT: by docket number FAA–2020–0226 aircraft system, over 55 pounds (lbs.) Alphonso Pendergrass, Office of using any of the following methods: Rulemaking, Federal Aviation • Federal eRulemaking Portal: Go to but no more than 70 lbs., for controlled, Administration, Telephone (202) 267– http://www.regulations.gov and follow low-risk, closed-set aerial 4713, 800 Independence Avenue SW, the online instructions for sending your cinematography operations for the Washington, DC 20591. comments electronically. television and motion picture industry. This notice is published pursuant to • Mail: Send comments to Docket [FR Doc. 2020–10623 Filed 5–15–20; 8:45 am] 14 CFR 11.85. Operations, M–30; U.S. Department of BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION accessing the docket or go to the Docket awareness of, and participation in, the Operations in Room W12–140 of the FAA’s exemption process. Neither Federal Aviation Administration West Building Ground Floor at 1200 publication of this notice nor the [Summary Notice No. 2020–19] New Jersey Avenue SE, Washington, DC inclusion or omission of information in 20590–0001, between 9 a.m. and 5 p.m., the summary is intended to affect the Petition for Exemption; Summary of Monday through Friday, except Federal legal status of the petition or its final Petition Received; AgrowSoft, LLC dba holidays. disposition. AgrowDrone FOR FURTHER INFORMATION CONTACT: Jake DATES: Comments on this petition must Troutman, (202) 683–7788, Office of AGENCY: Federal Aviation identify the petition docket number and Rulemaking, Federal Aviation Administration (FAA), Department of must be received on or before May 26, Administration, 800 Independence Transportation (DOT). 2020. Avenue SW, Washington, DC 20591. ACTION: Notice. This notice is published pursuant to ADDRESSES: Send comments identified by docket number FAA–FAA–2020– SUMMARY: This notice contains a 14 CFR 11.85. 0307 using any of the following summary of a petition seeking relief Issued in Washington, DC, on May 13, methods: from specified requirements of Federal 2020. • Aviation Regulations. The purpose of Brandon Roberts, Federal eRulemaking Portal: Go to this notice is to improve the public’s Deputy Executive Director, Office of http://www.regulations.gov and follow awareness of, and participation in, the Rulemaking. the online instructions for sending your comments electronically. FAA’s exemption process. Neither Petition for Exemption publication of this notice nor the • Mail: Send comments to Docket inclusion or omission of information in Docket No.: FAA–2019–0762. Operations, M–30; U.S. Department of the summary is intended to affect the Petitioner: AgrowSoft, LLC dba Transportation, 1200 New Jersey legal status of the petition or its final AgrowDrone. Avenue SE, Room W12–140, West disposition. Section(s) of 14 CFR Affected: Building Ground Floor, Washington, DC §§ 61.3(a)(1)(i); 91.7(a); 91.119(c); DATES: 20590–0001. Comments on this petition must 91.121; 91.151(b); 91.405(a); identify the petition docket number and • Hand Delivery or Courier: Take 91.407(a)(1); 91.409(a)(1) and (2); comments to Docket Operations in must be received on or before June 8, 91.417(a) and (b); 137.19(c), (d), 2020. Room W12–140 of the West Building (e)(2)(ii), (e)(2)(iii) and (e)(2)(v); 137.31; Ground Floor at 1200 New Jersey ADDRESSES: Send comments identified and 137.42. Avenue SE, Washington, DC 20590– by docket number FAA–2019–0762 Description of Relief Sought: 0001, between 9 a.m. and 5 p.m., using any of the following methods: AgrowSoft, LLC d.b.a. AgrowDrone Monday through Friday, except Federal • Federal eRulemaking Portal: Go to seeks relief from §§ 61.3(a)(1)(i); 91.7(a); holidays. http://www.regulations.gov and follow 91.119(c); 91.121; 91.151(b); 91.405(a); • the online instructions for sending your 91.407(a)(1); 91.409(a)(1) and (2); Fax: Fax comments to Docket comments electronically. 91.417(a) and (b); 137.19(c), (d), Operations at (202) 493–2251. • Mail: Send comments to Docket (e)(2)(ii), (e)(2)(iii) and (e)(2)(v); 137.31; Privacy: In accordance with 5 U.S.C. Operations, M–30; U.S. Department of and 137.42 to allow the petitioner to 553(c), DOT solicits comments from the Transportation, 1200 New Jersey operate the AgrowDrone UAS–eM5 and public to better inform its rulemaking Avenue SE, Room W12–140, West AgrowDrone UAS–eM10 unmanned process. DOT posts these comments, Building Ground Floor, Washington, DC aircraft systems, weighing 55 pounds or without edit, including any personal 20590–0001. above, at night and from a moving information the commenter provides, to • Hand Delivery or Courier: Take vehicle in order to provide commercial http://www.regulations.gov, as comments to Docket Operations in agricultural-related services in the described in the system of records Room W12–140 of the West Building United States. notice (DOT/ALL–14 FDMS), which can Ground Floor at 1200 New Jersey [FR Doc. 2020–10618 Filed 5–15–20; 8:45 am] be reviewed at http://www.dot.gov/ Avenue SE, Washington, DC 20590– privacy. BILLING CODE 4910–13–P 0001, between 9 a.m. and 5 p.m., Docket: Background documents or Monday through Friday, except Federal comments received may be read at holidays. DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time. • Fax: Fax comments to Docket Follow the online instructions for Operations at (202) 493–2251. Federal Aviation Administration accessing the docket or go to the Docket Privacy: In accordance with 5 U.S.C. [Summary Notice No. FAA–2020–27] Operations in Room W12–140 of the 553(c), DOT solicits comments from the West Building Ground Floor at 1200 public to better inform its rulemaking Petition for Exemption; Summary of New Jersey Avenue SE, Washington, DC process. DOT posts these comments, Petition Received; Airlines for America 20590–0001, between 9 a.m. and 5 p.m., without edit, including any personal Monday through Friday, except Federal information the commenter provides, to AGENCY: Federal Aviation holidays. http://www.regulations.gov, as Administration (FAA), Department of described in the system of records Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Alphonso Pendergrass, Office of notice (DOT/ALL–14 FDMS), which can ACTION: Notice. be reviewed at http://www.dot.gov/ Rulemaking, Federal Aviation privacy. SUMMARY: This notice contains a Administration, telephone 202–267– Docket: Background documents or summary of a petition seeking relief 4713, 800 Independence Avenue SW, comments received may be read at from specified requirements of Federal Washington, DC 20591. http://www.regulations.gov at any time. Aviation Regulations. The purpose of This notice is published pursuant to Follow the online instructions for this notice is to improve the public’s 14 CFR 11.85.

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Issued in Washington, DC, on May 13, Building Ground Floor, Washington, DC DEPARTMENT OF TRANSPORTATION 2020. 20590–0001. Federal Aviation Administration Brandon Roberts, • Hand Delivery or Courier: Take Acting Executive Director, Office of comments to Docket Operations in [Summary Notice No. 2020–30] Rulemaking. Room W12–140 of the West Building Petition for Exemption Ground Floor at 1200 New Jersey Petition for Exemption; Summary of Avenue SE, Washington, DC 20590– Petition Received; Sun Country Inc. Docket No.: FAA–2020–0307 d/b/a Sun Country Airlines Petitioner: Airlines for America 0001, between 9 a.m. and 5 p.m., Section(s) of 14 CFR Affected: Monday through Friday, except Federal AGENCY: Federal Aviation 121.407(c)(2), 121.409(b)(2)(i), holidays. Administration (FAA), Department of 121.417(c)(2)(i)(C)–(D) and (E)(4), • Fax: Fax comments to Docket Transportation (DOT). 121.424(a)(1), 121.427(b)(2)(i)–(iii), Operations at (202) 493–2251. ACTION: Notice. (e)(1)(ii) and (e)(2), 121.441(b)(1), and Privacy: In accordance with 5 U.S.C. SUMMARY: This notice contains a 121.805(b)(5)(iii) 553(c), DOT solicits comments from the Description of Relief Sought: The summary of a petition seeking relief public to better inform its rulemaking from specified requirements of Federal petitioner requests extension of process. DOT posts these comments, exemption 18512 to allow certificate Aviation Regulations. The purpose of without edit, including any personal holders to use alternative methods to this notice is to improve the public’s information the commenter provides, to conduct certain required crewmember awareness of, and participation in, the http://www.regulations.gov, as emergency procedures during recurrent, FAA’s exemption process. Neither described in the system of records conversion, and upgrade training, publication of this notice nor the notice (DOT/ALL–14 FDMS), which can checking, and evaluation until inclusion or omission of information in November 30, 2020. be reviewed at http://www.dot.gov/ the summary is intended to affect the privacy. [FR Doc. 2020–10621 Filed 5–15–20; 8:45 am] legal status of the petition or its final Docket: Background documents or disposition. BILLING CODE 4910–13–P comments received may be read at DATES: Comments on this petition must http://www.regulations.gov at any time. identify the petition docket number and DEPARTMENT OF TRANSPORTATION Follow the online instructions for must be received on or before June 8, accessing the docket or go to the Docket 2020. Federal Aviation Administration Operations in Room W12–140 of the ADDRESSES: Send comments identified West Building Ground Floor at 1200 [Summary Notice No. 2020–17] by docket number FAA–2020–0266 New Jersey Avenue SE, Washington, DC using any of the following methods: 20590–0001, between 9 a.m. and 5 p.m., Petition for Exemption; Summary of • Federal eRulemaking Portal: Go to Monday through Friday, except Federal Petition Received; Benjamin Kroll http://www.regulations.gov and follow holidays. AGENCY: Federal Aviation the online instructions for sending your Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT: Jake comments electronically. • Transportation (DOT). Troutman, (202) 683–7788, Office of Mail: Send comments to Docket Operations, M–30; U.S. Department of ACTION: Notice. Rulemaking, Federal Aviation Administration, 800 Independence Transportation, 1200 New Jersey SUMMARY: This notice contains a Avenue SW, Washington, DC 20591. Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC summary of a petition seeking relief This notice is published pursuant to 20590–0001. from specified requirements of Federal 14 CFR 11.85. Aviation Regulations. The purpose of • Hand Delivery or Courier: Take this notice is to improve the public’s Issued in Washington, DC, on May 13, comments to Docket Operations in awareness of, and participation in, the 2020. Room W12–140 of the West Building FAA’s exemption process. Neither Brandon Roberts, Ground Floor at 1200 New Jersey publication of this notice nor the Deputy Executive Director, Office of Avenue SE, Washington, DC 20590– inclusion or omission of information in Rulemaking. 0001, between 9 a.m. and 5 p.m., the summary is intended to affect the Monday through Friday, except Federal legal status of the petition or its final Petition for Exemption holidays. • Fax: Fax comments to Docket disposition. Docket No.: FAA–2020–0044. Operations at (202) 493–2251. DATES: Comments on this petition must Petitioner: Benjamin Kroll. Privacy: In accordance with 5 U.S.C. identify the petition docket number and Section(s) of 14 CFR Affected: § 107.1. 553(c), DOT solicits comments from the must be received on or before June 8, public to better inform its rulemaking Description of Relief Sought: The 2020. process. DOT posts these comments, proposed exemption, if granted, would ADDRESSES: Send comments identified without edit, including any personal allow Benjamin Kroll to operate the X8 by docket number FAA–2020–0044 information the commenter provides, to multi-rotor unmanned aircraft system using any of the following methods: http://www.regulations.gov, as • Federal eRulemaking Portal: Go to (UAS), which is over 55 pounds (lbs), described in the system of records http://www.regulations.gov and follow under part 107 for the purposes of aerial notice (DOT/ALL–14 FDMS), which can the online instructions for sending your firefighting by dropping critical be reviewed at http://www.dot.gov/ comments electronically. resources to include: Up to 20 gallons of privacy. • Mail: Send comments to Docket water; provisions; and equipment to Docket: Background documents or Operations, M–30; U.S. Department of responding crews. comments received may be read at Transportation, 1200 New Jersey [FR Doc. 2020–10617 Filed 5–15–20; 8:45 am] http://www.regulations.gov at any time. Avenue SE, Room W12–140, West BILLING CODE 4910–13–P Follow the online instructions for

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accessing the docket or go to the Docket ADDRESSES: Send comments identified consolidation of knowledge and skills to Operations in Room W12–140 of the by docket number FAA–2020–0397 a period of 180 days due to the West Building Ground Floor at 1200 using any of the following methods: difficulties imposed by the COVID–19 New Jersey Avenue SE, Washington, DC • Federal eRulemaking Portal: Go to crisis. 20590–0001, between 9 a.m. and 5 p.m., http://www.regulations.gov and follow [FR Doc. 2020–10624 Filed 5–15–20; 8:45 am] Monday through Friday, except Federal the online instructions for sending your BILLING CODE 4910–13–P holidays. comments electronically. FOR FURTHER INFORMATION CONTACT: • Mail: Send comments to Docket Megan Blatchford, Office of Operations, M–30; U.S. Department of DEPARTMENT OF TRANSPORTATION Rulemaking, Federal Aviation Transportation, 1200 New Jersey Administration, Telephone (202) 267– Avenue SE, Room W12–140, West Federal Aviation Administration 3896, 800 Independence Avenue SW, Building Ground Floor, Washington, DC [Summary Notice No. 2020–22] Washington, DC 20591. 20590–0001. This notice is published pursuant to • Hand Delivery or Courier: Take Petition for Exemption; Summary of 14 CFR 11.85. comments to Docket Operations in Petition Received; Aero Seat, Inc. Issued in Washington, DC, on May 13, Room W12–140 of the West Building 2020. Ground Floor at 1200 New Jersey AGENCY: Federal Aviation Brandon Roberts, Avenue SE, Washington, DC 20590– Administration (FAA), Department of Transportation (DOT). Acting Executive Director, Office of 0001, between 9 a.m. and 5 p.m., Rulemaking. Monday through Friday, except Federal ACTION: Notice. holidays. Petition for Exemption • Fax: Fax comments to Docket SUMMARY: This notice contains a Docket No.: FAA–2020–0266 Operations at (202) 493–2251. summary of a petition seeking relief Petitioner: Sun Country Inc. d.b.a. Privacy: In accordance with 5 U.S.C. from specified requirements of Federal Sun Country Airlines 553(c), DOT solicits comments from the Aviation Regulations. The purpose of Section of 14 CFR Affected: public to better inform its rulemaking this notice is to improve the public’s § 121.463(a)(2) process. DOT posts these comments, awareness of, and participation in, the Description of Relief Sought: Sun without edit, including any personal FAA’s exemption process. Neither Country Inc. d.b.a. Sun Country Airlines information the commenter provides, to publication of this notice nor the seeks relief from § 121.463(a)(2) of the http://www.regulations.gov, as inclusion or omission of information in Code of Federal Regulations to allow a described in the system of records the summary is intended to affect the specified new dispatcher the ability to notice (DOT/ALL–14 FDMS), which can legal status of the petition or its final satisfy their operating familiarization, as be reviewed at http://www.dot.gov/ disposition. it pertains to the flight deck, in any privacy. DATES: Comments on this petition must approved simulator not on motion, due Docket: Background documents or identify the petition docket number and to medical or physical circumstances. comments received may be read at must be received on or before May 26, [FR Doc. 2020–10622 Filed 5–15–20; 8:45 am] http://www.regulations.gov at any time. 2020. BILLING CODE 4910–13–P Follow the online instructions for ADDRESSES: Send comments identified accessing the docket or go to the Docket by docket number FAA–2020–0403 Operations in Room W12–140 of the DEPARTMENT OF TRANSPORTATION using any of the following methods: West Building Ground Floor at 1200 • Federal eRulemaking Portal: Go to New Jersey Avenue SE, Washington, DC Federal Aviation Administration http://www.regulations.gov and follow 20590–0001, between 9 a.m. and 5 p.m., the online instructions for sending your [Summary Notice No. 2020–21] Monday through Friday, except Federal comments electronically. holidays. • Mail: Send comments to Docket Petition for Exemption; Summary of FOR FURTHER INFORMATION CONTACT: Petition Received; Airlines for America Operations, M–30; U.S. Department of Justin Barcas (202) 267–7023, Office of Transportation, 1200 New Jersey AGENCY: Federal Aviation Rulemaking, Federal Aviation Avenue SE, Room W12–140, West Administration (FAA), Department of Administration, 800 Independence Building Ground Floor, Washington, DC Transportation (DOT). Avenue SW, Washington, DC 20591. 20590–0001. ACTION: Notice. This notice is published pursuant to • Hand Delivery or Courier: Take 14 CFR 11.85. comments to Docket Operations in SUMMARY: This notice contains a Issued in Washington, DC, on May 13, Room W12–140 of the West Building summary of a petition seeking relief 2020. Ground Floor at 1200 New Jersey from specified requirements of Federal Brandon Roberts, Avenue SE, Washington, DC 20590– Aviation Regulations. The purpose of 0001, between 9 a.m. and 5 p.m., this notice is to improve the public’s Acting Executive Director, Office of Rulemaking. Monday through Friday, except Federal awareness of, and participation in, the holidays. FAA’s exemption process. Neither Petition for Exemption • Fax: Fax comments to Docket publication of this notice nor the Docket No.: FAA–2020–0397 Operations at (202) 493–2251. inclusion or omission of information in Petitioner: Airlines for America Privacy: In accordance with 5 U.S.C. the summary is intended to affect the Section(s) of 14 CFR Affected: 553(c), DOT solicits comments from the legal status of the petition or its final § 121.434(g) and (h) public to better inform its rulemaking disposition. Description of Relief Sought: Airlines process. DOT posts these comments, DATES: Comments on this petition must for America requests relief to extend the without edit, including any personal identify the petition docket number and time for pilots of its member airlines to information the commenter provides, to must be received on or before May 26, complete at least 100 hours of line http://www.regulations.gov, as 2020. operating flight time for the described in the system of records

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notice (DOT/ALL–14 FDMS), which can utilizing the sleeper-berth (S/B) The decision of the Agency must be be reviewed at http://www.dot.gov/ exception. PTS transports highly published in the Federal Register (49 privacy. sensitive cargo for the Department of CFR 381.315(b)) with the reasons for Docket: Background documents or Defense (DOD) and proposes that its denying or granting the application and, comments received may be read at team drivers be permitted to obtain 10 if granted, the name of the person or http://www.regulations.gov at any time. hours in the S/B in two periods, neither class of persons receiving the Follow the online instructions for less than 4 hours long. This would exemption, and the regulatory provision accessing the docket or go to the Docket allow the driver to split the required 10 from which the exemption is granted. Operations in Room W12–140 of the hours into segments of 4/6, 5/5, or 6/4 The notice must also specify the West Building Ground Floor at 1200 hours. FMCSA analyzed the exemption effective period (up to 5 years) and New Jersey Avenue SE, Washington, DC application and public comments, and explain the terms and conditions of the 20590–0001, between 9 a.m. and 5 p.m., determined that the application lacked exemption. The exemption may be Monday through Friday, except Federal evidence that would ensure an renewed (49 CFR 381.300(b)). equivalent level of safety or greater holidays. III. Request for Exemption FOR FURTHER INFORMATION CONTACT: would be achieved absent such The Agency’s HOS rules (49 CFR part Justin Barcas (202) 267–7023, Office of exemption. 395) generally require operators of Rulemaking, Federal Aviation FOR FURTHER INFORMATION CONTACT: Mr. commercial motor vehicles (CMVs) Richard Clemente, FMCSA Driver and Administration, 800 Independence transporting property to obtain 10 Carrier Operations Division; Office of Avenue SW, Washington, DC 20591. consecutive hours off duty before they Carrier, Driver and Vehicle Safety This notice is published pursuant to can drive again after they accumulate Standards; Telephone: 202–366–2722. 14 CFR 11.85. the maximum 11 hours of driving or Email: [email protected]. If you have Issued in Washington, DC, on May 13, reach the end of the 14-hour duty questions on viewing or submitting 2020. period, whichever comes first (49 CFR material to the docket, contact Docket Brandon Roberts, 395.3). However, drivers whose CMV is Services, telephone (202) 366–9826. Acting Executive Director, Office of equipped with a qualifying sleeper berth Rulemaking. SUPPLEMENTARY INFORMATION: (S/B) may accumulate the equivalent of Petition for Exemption I. Public Participation 10 consecutive hours off duty in two separate periods, one of at least 8 (but Docket No.: FAA–2020–0403. Viewing Comments and Documents less than 10) consecutive hours in the S/ Petitioner: Aero Seat, Inc. To view comments, as well as B, and another of at least 2 consecutive Section(s) of 14 CFR Affected: documents mentioned in this preamble hours off duty, whether in the S/B, off §§ 135.293, 135.299. as being available in the docket, go to duty, or any combination thereof. It Description of Relief Sought: Aero www.regulations.gov and insert the does not matter which of these two Seat, Inc. requests relief from the testing docket number, FMCSA–2019–0184 in periods comes first. When the driver has and checking requirements in part 135 the ‘‘Keyword’’ box and click ‘‘Search.’’ obtained the two qualifying periods, the that would allow its pilot to continue Next, click the ‘‘Open Docket Folder’’ S/B rule provides the driver more on- operating until December 2020 based on button and choose the document to duty and driving time. the competency and line checks review. If you do not have access to the PTS (USDOT 1835654) transports completed in December 2018. Aero Seat, internet, you may view the docket sensitive Department of Defense (DOD) Inc. cites a lack of qualified FAA online by visiting the Docket cargo, including ammunition and inspectors available to conduct the Management Facility in Room W12–140 explosives, in interstate commerce. For testing and checking and difficulties on the ground floor of the DOT West security reasons, this transportation imposed by the COVID–19 crisis as Building, 1200 New Jersey Avenue SE, requires a team of two drivers. PTS justification for an exemption. Washington, DC 20590, between 9 a.m. seeks by exemption to allow its team [FR Doc. 2020–10616 Filed 5–15–20; 8:45 am] and 5 p.m., e.t., Monday through Friday, drivers to split the equivalent of 10 hours off duty into two S/B periods, BILLING CODE 4910–13–P except Federal holidays. neither less than 4 hours long. This II. Legal Basis would allow splits of 4/6, 5/5, or 6/4 DEPARTMENT OF TRANSPORTATION FMCSA has authority under 49 U.S.C. hours. The request is limited to team 31136(e) and 31315 to grant exemptions operations and is in no way a request to Federal Motor Carrier Safety from certain Federal Motor Carrier apply any such exemption to solo driver Administration Safety Regulations (FMCSRs). FMCSA operations. must publish a notice of each exemption PTS states that its team drivers travel [Docket No. FMCSA–2019–0184] request in the Federal Register (49 CFR over 1,100 miles per 24 hours, and Hours of Service of Drivers: PTS 381.315(a)). The Agency must provide average 60 hours on duty per week. Worldwide, Inc.; Application for the public an opportunity to inspect the After 5 weeks on the road, PTS drivers Exemption information relevant to the application, receive a week off duty at home. PTS including any safety analyses that have asserts that due to the nature of its AGENCY: Federal Motor Carrier Safety been conducted. The Agency must also business, these drivers would be more Administration (FMCSA), DOT. provide an opportunity for public alert if allowed to take shorter rest ACTION: Notice of final disposition; comment on the request. periods in the S/B. It believes that the denial of application for exemption. The Agency reviews safety analyses shorter period would allow PTS drivers and public comments submitted, and to obtain nighttime hours in the S/B and SUMMARY: FMCSA announces its determines whether granting the thereby minimize driver fatigue. PTS decision to deny the exemption request exemption would likely achieve a level states that its vehicle and driver safety from PTS Worldwide, Inc. (PTS). PTS of safety equivalent to, or greater than, record is better than the national sought an exemption from the hours-of- the level that would be achieved by the average and that it has one of the best service (HOS) requirement for drivers current regulation (49 CFR 381.305). safety, security, and service records of

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all DOD arms and ammunition the material being transported (Division hours in duration, if all the other transporters. All power units are 1.1, 1.2, 1.3 and 1.4 explosives) and the variables (e.g., daily driving time limits, equipped, and any new power units will unsafe conditions it would create for weekly driving time limits, etc.) in the be equipped, with on-board electronic other professional drivers, military HOS regime remain unchanged. And recorders to track driving and on-duty service members and DOD civilians and PTS has not indicated in its application time, and all power units are governed contractors engaged in loading and a plan to change any of those variable. to 70 miles per hour. unloading operations as well as the PTS’ application must be judged based public. on the exemption standards in 49 CFR IV. Method To Ensure an Equivalent or Conversely, the Truckload Carriers Greater Level of Safety part 381. As indicated above, PTS’ Association (TCA) supported the PTS application fails to meet those To ensure an equivalent level of exemption request and stated the standards. The application is therefore safety, PTS offers to split 10 off-duty following: ‘‘PTS believes, as have others denied. hours into two periods, neither less than studying HOS and S/B flexibility, that 4 hours long. This would allow splits of this would reduce fatigue and provide James A. Mullen, 4/6, 5/5, or 6/4 hours. In addition, the safer environment on the roadways.’’ Acting Administrator. PTS request would be limited to team TCA fully concurred with that [FR Doc. 2020–10592 Filed 5–15–20; 8:45 am] driver operations. PTS’ exemption sentiment. BILLING CODE 4910–EX–P application references a study Of the 17 other individuals who filed concerning the effects on sleep that comments, 12 supported the request, 4 found sleeper-berth flexibility to be a opposed it, and one had no position DEPARTMENT OF TRANSPORTATION better choice than consolidated daytime either for or against the request. One sleep when consolidated nighttime commenter stated that it would be Federal Motor Carrier Safety sleep is not possible. PTS referenced irresponsible to allow PTS to Administration additional studies that identified sleeper experiment with the S/B provision berth flexibility as a contributor to while transporting Division 1.1, 1.2 and [Docket No. FMCSA–2019–0086] normalizing sleeping patterns and 1.3 explosives as the issues associated reducing fatigue. PTS requests the with the lack of proper rest is Hours of Service of Drivers: Extreme exemption be granted for the maximum exponentially compounded creating a Logistics, LLC, Application for allowable period (5 years). A copy of significant risk to the public and the Exemption PTS’s application for exemption is drivers operating the equipment AGENCY: Federal Motor Carrier Safety available for review in the docket for transporting the ‘‘sensitive’’ DoD Administration (FMCSA), DOT. this notice. materials. A few individuals favored ACTION: Notice of final disposition; allowing all segments of the trucking V. Public Comments granting of application for exemption. industry to use the S/B splits PTS On October 16, 2019, FMCSA requested. SUMMARY: FMCSA announces its published notice of this application and decision to grant Extreme Logistics, LLC requested public comments (84 FR VI. FMCSA Safety Analysis and (Extreme Logistics) an exemption from 55376). The Agency received 20 Decision the requirement that all driving be comments. The Commercial Vehicle FMCSA has evaluated PTS’ completed within 14 hours of the Safety Alliance (CVSA) and Boyle application and the public comments beginning of the work shift. This Transportation strongly opposed the and decided to deny the exemption. exemption allows the applicant to exemption request. CVSA commented When the Agency established the rules exclude off-duty and sleeper-berth time, that ‘‘before FMCSA makes a mandating HOS, it relied upon research of any length, from the calculation of determination on this exemption indicating that the rules improve CMV the 14-hour driving window. This request, the Agency should conduct the safety. These regulations put limits in exemption is applicable June 28–July 8, originally planned pilot program on this place for when and how long an each year for several days prior to and issue and consider data collected in the individual may drive, to ensure that several days following Independence pilot program in the decision. The pilot drivers stay awake and alert while Day celebrations. FMCSA has program is necessary to study the effects driving, and on a continuing basis to determined that the terms and of various S/B splits on driver fatigue. help reduce the possibility of driver conditions of the exemption will likely Without the results of a pilot program or fatigue. ensure a level of safety equivalent to, or further study, it isn’t possible for As CVSA and Boyle Transportation greater than, the level of safety achieved FMCSA to determine if PTS can indicated, the PTS application does not without the exemption. maintain an equivalent level of safety provide an analysis of the safety impacts under the proposed exemption.’’ the requested exemption from the HOS DATES: This exemption is effective May Boyle Transportation stated that the regulations may cause. It also does not 18, 2020 and expires May 19, 2025. exemption application would increase provide countermeasures to be ADDRESSES: the risk of crashes, and that PTS has not undertaken to ensure that the exemption Docket: For access to the docket to shown how it would ensure an would likely achieve a level of safety read background documents or equivalent level of safety if granted the equivalent to, or greater than, the level comments, go to www.regulations.gov at exemption. Boyle urged FMCSA to that would be achieved by the current any time or visit Room W12–140 on the reject PTS’ request because if granted it regulations. In fact, the countermeasures ground level of the West Building, 1200 would create an increased risk of it described were simply the split S/B New Jersey Avenue SE, Washington, crashes among those professional provisions PTS requested. DC, between 9 a.m. and 5 p.m., ET, drivers who elect to use a S/B split that The Agency cannot ensure that the Monday through Friday, except Federal affords them less than 8 hours of exemption would achieve the requisite holidays. The on-line Federal Docket consolidated sleep. Boyle further added level of safety. The most recent research Management System (FDMS) is that such a practice is unacceptable and data suggests that the longer sleeper available 24 hours each day, 365 days given the inherent danger of much of berth period needs to be at least seven each year.

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Privacy Act: In accordance with 5 reason for the granting or denial, and, if VI. FMCSA Decision and Safety U.S.C. 553(c), DOT solicits comments granted, the specific person or class of Analysis from the public to better inform its persons receiving the exemption and the FMCSA has determined that granting rulemaking process. DOT posts these regulatory provision or provisions from an exemption to Extreme Logistics, LLC, comments, without edit, including any which exemption is granted. The notice will likely achieve a level of safety personal information the commenter must specify the effective period of the equivalent to or greater than the level provides, to www.regulations.gov, as exemption (up to 5 years), and explain that compliance with the 14-hour rule described in the system of records the terms and conditions of the would ensure. The Agency has notice (DOT/ALL–14 FDMS), which can exemption. The exemption may be concluded that the annual 11-day be reviewed at www.dot.gov/privacy. renewed (49 CFR 381.300(b)). exemption requested by Extreme FOR FURTHER INFORMATION CONTACT: Ms. III. Request for Exemption Logistics is not likely to decrease safety. Pearlie Robinson, FMCSA Driver and Based on the Agency’s experience Carrier Operations Division; Office of The hours-of-service (HOS) rule in 49 evaluating exemption requests from Carrier, Driver and Vehicle Safety CFR 395.3(a)(2) prohibits a property- fireworks companies responsible for Standards; Telephone: 202–366–4325. carrying commercial motor vehicle Independence Day celebrations, Email: [email protected]. If you have (CMV) driver from driving a CMV after pyrotechnicians rarely drive the full 11 questions on viewing or submitting the 14th hour after coming on duty hours allowed by the current material to the docket, contact Docket following 10 consecutive hours off duty. regulations. However, in preparing for Services, telephone (202) 366–9826. Extreme Logistics, LLC (USDOT these celebrations they may need to be SUPPLEMENTARY INFORMATION: 1971328) (Applicant) is a fireworks on duty more than 14 consecutive hours display company that employs CMV I. Public Participation and to drive at the end of that tour of drivers who hold commercial driver’s duty. Without an exemption, these Viewing Comments and Documents licenses (CDLs) with hazardous pyrotechnician/drivers would be To view comments, as well as materials endorsements. The applicant stranded, often with a CMV partially documents mentioned in this preamble requested an exemption from the 14- loaded with fireworks, at the site of a as being available in the docket, go to hour rule in 49 CFR 395.3(a)(2) so that forthcoming shoot; conversely, the www.regulations.gov and insert the its drivers would be allowed to exclude fireworks company could employ a docket number, ‘‘FMCSA–2019–0086 in off-duty and sleeper-berth time of any second CDL holder, operating on a later the ‘‘Keyword’’ box and click ‘‘Search.’’ length from the calculation of the 14 schedule, to return the vehicle to a Next, click the ‘‘Open Docket Folder’’ hours. This means that driving during a secure location within the 14-hour limit. button and choose the document to work shift would not be prohibited until The first option poses certain risks to review. If you do not have access to the the individual had accumulated 14 public safety and the second would internet, you may view the docket hours of on-duty time, rather than after significantly increase the costs and online by visiting the Docket the 14th hour of coming on duty. The logistical complexity of a shoot. Management Facility in Room W12–140 applicant states that complying with the The operational demands of this on the ground floor of the DOT West existing 14-hour rule means that most unique industry appear to minimize the Building, 1200 New Jersey Avenue SE, shows would require two CDL drivers, risk of CMV crashes. In the few days Washington, DC 20590, between 9 a.m. significantly increasing the cost of the before the Independence Day and 5 p.m., e.t., Monday through Friday, fireworks display. celebrations, drivers spend their driving except Federal holidays. To be sure The applicant asserts that without the time transporting fireworks relatively someone is there to help you, please call extra duty period provided by the short distances, from the nearest (202) 366–9317 or (202) 366–9826 exemption, safety would decline as distribution point to the site of the before visiting Docket Operations. firework drivers would be unable to shoot. Most of their on-duty time after return to their home base following each arriving at the site, however, is devoted II. Legal Basis show should they have fireworks to the intricate and potentially FMCSA has authority under 49 U.S.C. remaining after the display. They would dangerous task of installing, wiring, and 31136(e) and 31315 to grant exemptions be forced to park the CMVs carrying double-checking fireworks displays. from certain parts of the Federal Motor Division 1.3G and 1.4G products in Generally, pyrotechnicians drive to Carrier Safety Regulations. FMCSA must areas less secure than the motor carrier’s the site of the shoot in the early morning publish a notice of each exemption home base. and return late in the evening, thus request in the Federal Register (49 CFR V. Public Comments avoiding much of the heavy traffic 381.315(a)). The Agency must provide typical of the holiday. After setting up the public an opportunity to inspect the On April 18, 2019, the Agency the fireworks display in daylight, to information relevant to the application, published a notice (84 FR 16324) reduce the risks of mistakes, the including any safety analyses that have requesting public comment on Extreme pyrotechnician/drivers typically have been conducted. The Agency must Logistics’ exemption application. The several hours off duty in the late provide an opportunity for public Agency received one comment from Mr. afternoon and early evening, just before comment on the request. Michael Millard. Mr. Millard said that the shoot. This enables them to rest or The Agency reviews the safety there were seven Extreme Logistic LLCs nap, reducing or eliminating the fatigue analyses and the public comments and and five Extreme Logistics, making it caused by the day’s activities, and determines whether granting the impossible for the public to review the making their return trip after the shoot, exemption would be likely to achieve a applicant’s data by its business name. safer than would otherwise be expected. level of safety equivalent to, or greater The Agency acknowledges that In addition to driving at off-peak than, the level that would be achieved identifying the company through a hours and having an opportunity for by the current regulation (49 CFR name search would be challenging. substantial rest periods during their 381.305). The decision of the Agency However, the application and the notice tours of duty, pyrotechnicians who must be published in the Federal included the company’s unique USDOT drive back to a hotel or motel in the Register (49 CFR 381.315(b)) with the identification number. 15th or 16th hours after coming on duty

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will be required to take 10 consecutive • Drivers must not drive more than 11 j. Whether the driver was cited for hours off duty, like other drivers. An hours after accumulating 14 hours of on- violation of any traffic laws, or motor opportunity for 8 consecutive hours of duty time; carrier safety regulations; and sleep should eliminate the possibility of • Drivers must have 10 consecutive k. The total driving time and the total cumulative fatigue the next day. hours off duty following 14 hours on on-duty time of the CMV driver at the Although FMCSA believes the 14- duty prior to beginning a new driving time of the accident. period; In addition, if there are any injuries or hour limit helps to reduce the risks of • drivers operating while fatigued, the Extreme Logistics must maintain fatalities, the carrier must forward the current HOS regulations allow short- USDOT registration, a Hazardous police accident report to MCPSD@ haul drivers, who are not required to Materials Safety Permit (if required), DOT.GOV as soon as available. and minimum levels of public liability possess a CDL, a 16-hour driving Termination window once a week, providing certain insurance, and must not be subject to an conditions are met. The Agency believes ‘‘imminent hazard’’ or other out-of- The FMCSA does not believe the that the requisite level of safety will be service (OOS) order issued by FMCSA; drivers covered by this exemption will ensured by the limited amount of and experience any deterioration of their • Each driver covered by the driving that takes place during any safety record. However, should this exemption must be in possession of the given work shift, combined with the occur, FMCSA will take all steps exemption document and maintain a frequent breaks from the time on task necessary to protect the public interest, valid CDL with required endorsements, (driving) and continued compliance including revoking the exemption. The not be subject to an OOS order or FMCSA will revoke the exemption with the requirement for 10 consecutive suspension of driving privileges, and hours off duty at the end of the work immediately for failure to comply with meet all physical qualifications required its terms and conditions. shift. by 49 CFR part 391. Furthermore, FMCSA conducted a The carrier and drivers must comply James A. Mullen, comprehensive review of the motor with all other applicable requirements Acting Administrator. carrier’s safety performance, which of the Federal Motor Carrier Safety [FR Doc. 2020–10590 Filed 5–15–20; 8:45 am] included a review of the Motor Carrier Regulations (49 CFR parts 350–399) and BILLING CODE 4910–EX–P Management Information System safety Hazardous Materials Regulations (49 records, and inspection and accident CFR parts 105–180). reports submitted to FMCSA by State DEPARTMENT OF TRANSPORTATION agencies. Extreme Logistics possesses an Preemption active USDOT registration, minimum In accordance with 49 U.S.C. Federal Motor Carrier Safety required levels of financial 31315(d), as implemented by 49 CFR Administration responsibility, and is not subject to an 381.600, during the period this [Docket No. FMCSA–2019–0070] ‘‘imminent hazard’’ or other out-of- exemption is in effect, no State shall service order. enforce any law or regulation applicable Parts and Accessories Necessary for Finally, the carrier is not under to interstate commerce that conflicts Safe Operation; Application for an investigation by the Pipeline and with or is inconsistent with this Exemption From Laydon Composites Hazardous Materials Safety exemption with respect to a firm or Ltd. Administration, the Agency within the person operating under the exemption. AGENCY: Federal Motor Carrier Safety Department responsible for the Federal States may adopt the same exemption Administration (FMCSA), DOT. Hazardous Materials Regulations. The with respect to operations in intrastate applicant has a ‘‘satisfactory’’ safety commerce. ACTION: Notice of final disposition; grant of application for exemption. rating and a valid Hazardous Materials FMCSA Notification Safety Permit from FMCSA. The applicant must notify FMCSA SUMMARY: The FMCSA announces its In consideration of the above, FMCSA within 5 business days of any accident decision to grant Laydon Composites grants Extreme Logistics an exemption (as defined by 49 CFR 390.5) involving Ltd.’s (Laydon) application for a limited from the 14-hour rule covering June 28 the operation of any of its CMVs while 5-year exemption to allow motor through July 8, each year from 2020 to under this exemption. The notification carriers to operate certain commercial 2024. must be emailed to [email protected] motor vehicles (CMVs) that are VII. Terms and Conditions of the and include the following information: equipped with Laydon’s OptiTailTM Exemption a. Name of the Exemption: ‘‘Extreme aerodynamic device with rear Logistics’’; identification lamps and rear clearance Period of the Exemption b. Date of the accident; lamps that are mounted lower than c. City or town, and State, in which The exemption from 49 CFR currently permitted by the Agency’s the accident occurred, or which is 395.3(a)(2) is effective from 12:01 a.m. regulations. The Agency has determined closest to the scene of the accident; June 28 through 11:59 p.m. on July 8 that locating the rear identification d. Driver’s name and driver’s license lamps and rear clearance lamps lower local time, each year through 2024 for State, number, and class; the drivers employed by the applicant. on the trailers and semitrailers, e. Co-Driver’s name and driver’s mounted at the same level as the stop Terms and Conditions of the Exemption license State, number, and class; lamps, tail lamps, and turn signals, will f. Vehicle company number and maintain a level of safety that is Drivers covered by this exemption power unit license plate State and may exclude off-duty and sleeper-berth equivalent to, or greater than, the level number; of safety achieved without the time of any length from the calculation g. Number of individuals suffering exemption. of the 14-hour limit. This exemption is physical injury; limited to the drivers employed by h. Number of fatalities; FOR FURTHER INFORMATION CONTACT: Jose´ Extreme Logistics. The conditions of i. The police-reported cause of the Cestero, Vehicle and Roadside this exemption are as follows: accident; Operations Division, Office of Carrier,

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Driver & Vehicle Safety Standards, MC– vehicle. One lamp must be as close as self-deploying and self-retracting. The PSV, (202) 366–5541; Federal Motor practicable to the vertical centerline and AutoTail will remain retracted until the Carrier Safety Administration, 1200 one must be on each side of the center tractor reaches a speed of approximately 40 New Jersey Avenue SE, Washington, DC lamp, with the lamp centers spaced not mph and remain open until the tractor reduces speed to approximately 6 mph. The 20590–0001. less than 6 inches or more than 12 AutoTail will continue to remain closed as SUPPLEMENTARY INFORMATION: inches apart, and all on the same level. long as the trailer does not exceed 40 mph. One rear clearance lamp must be located Background As a result, the current centerline on each side of the vertical centerline of identification and clearance lights would be Pursuant to 49 CFR part 381, FMCSA the vehicle to indicate overall width, visible when the tractor trailer is stopped at has authority to grant exemptions from and both of these lamps must be on the a traffic light or other slow speed road certain Federal Motor Carrier Safety same level and as high as practicable. condition. We are not advocating that this is Regulations (FMCSRs). FMCSA must Laydon is wholly owned by WABCO sufficient to allow the exemption without publish a notice of each exemption Europe BVBA (i.e., private company additional clearance and identification lamps request in the Federal Register (49 CFR installed lower on the trailer. All CMV with limited liability), with trailers have conspicuity materials installed 381.315(a)). The Agency must provide headquarters in Brussels, Belgium. across the width of the trailer. These reflex the public with an opportunity to Laydon and WABCO have developed a reflectors will still be visible with the inspect the information relevant to the collapsible boat tail technology for OptiTailTM deployed or retracted. Both the application, including any safety trailers which improves the overall two clearance and three identification lights analyses that have been conducted. The tractor trailer aerodynamic efficiency. should be relocated or additionally added to Agency must also provide an Both OptiTailTM options, the fully the approximate horizontal plane with other opportunity for public comment on the automatic and manual versions, rear lamps. These are generally regarded as request. currently are installed on the rear doors the brake and running lamps. This location is the same as found on some CMVs, such as The Agency reviews the safety of a CMV trailer with the upper panels analyses and the public comments and flatbed trailers, with or without ‘‘curtain below the trailer’s identification and sides’’ and intermodal chassis trailers. determines whether granting the clearance lamps. Laydon notes that exemption would likely achieve a level installing the upper panels below the Laydon states that without the of safety equivalent to or greater than identification lights—about 1.25 to 3 exemption, it will be unable to establish the level that would be achieved by the inches below the trailer roof—is not the and verify the maximum fuel economy current regulation (49 CFR 381.305(a)). ideal aerodynamic condition, and that and environmental impacts of the The decision of the Agency must be TM the upper panels could yield better OptiTail system, which could have published in the Federal Register (49 aerodynamic flow characteristics if they long-term impacts on meeting future CFR 381.315(b)). If the Agency denies were mounted flush with the trailer greenhouse gas or California Air the request, it must state the reason for roof. However, mounting the upper Resources Board fuel economy doing so. If the decision is to grant the panel of the OptiTailTM system flush requirements. exemption, the notice must specify the with the roof will block full view of the person or class of persons receiving the Comments trailer identification and clearance exemption and the regulatory provision On March 28, 2019, FMCSA lights, in violation of section 393.11 of or provisions from which an exemption published a notice of the Laydon the FMCSRs. is granted. The notice must specify the application (84 FR 11858). The Agency Laydon is requesting the exemption to terms and conditions of the exemption, received one anonymous comment that allow trailers using its OptiTailTM as well as its effective period (up to 5 was not relevant to the exemption system to have the required years). The exemption may be renewed application. identification and clearance lights (49 CFR 381.315(c) and 49 CFR mounted lower than currently FMCSA Analysis 381.300(b)). permitted, at the same location required FMCSA agrees that it is important for Laydon’s Application for Exemption for flatbed trailers and intermodal motorists to be able readily to Laydon, on behalf of motor carriers chassis. Laydon states that while it has distinguish large trucks and trailers utilizing its OptiTailTM aerodynamic conducted (1) computer simulation from other vehicles. FMVSS No. 108 devices, applied for an exemption from analysis, (2) scaled wind tunnel testing, and section 393.11 of the FMCSRs 49 CFR 393.11 to allow rear and (3) full scale environmental testing ensure this by requiring large vehicles to identification lamps and rear clearance of the flush roof mounted configuration, be equipped with a combination of lamps to be mounted lower than the temporary exemption is necessary to lights, reflectors, and conspicuity currently permitted by the Agency’s complete actual performance testing in treatments that help indicate the overall regulations. full environmental conditions by height, width, and length of these Table 1 of section 393.11, ‘‘Required various fleet operators located in vehicles. Specifically, all CMVs lamps and reflectors on commercial multiple areas of the U.S. with different manufactured on or after December 25, motor vehicles,’’ specifies the standard travel routes. 1968, must, at a minimum, meet the requirements for lamps, reflective In its application, Laydon states: applicable requirements of FMVSS No. devices, and associated equipment by The safety impact of the proposed 49 CFR 108 in effect at the time of manufacture type of CMV. All CMVs manufactured 393.11 exemption would be similar to of the vehicle. The purpose of FMVSS on or after December 25, 1968, must, at existing CMVs already in operation, provided No. 108 is to reduce crashes and deaths a minimum, meet the applicable the relocation or addition of lower level and injuries from crashes, by providing requirements of Federal Motor Vehicle identification and clearance lamps are adequate illumination of the roadway, Safety Standard (FMVSS) No. 108, installed on the CMV. Assuming additional and by enhancing the conspicuity of lamps are installed lower on the trailer and ‘‘Lamps, reflective devices, and just not relocated, the improved OptiTailTM, motor vehicles on the public roads so associated equipment,’’ in effect at the auto version (AutoTail), would still have the that their presence is perceived and time of manufacture of the vehicle. Rear existing centerline identification lamp and their signals understood, both in identification lamps must be mounted both clearance lamps visible when the trailer daylight and in darkness or other as close as practicable to the top of the is traveling at slow speeds. Our AutoTail is conditions of reduced visibility. FMVSS

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No. 108 specifies requirements for reduces that time, FMVSS No. 108 (and, when required lamps or reflective original and replacement lamps, by incorporation, section 393.11 of the devices are obscured by motor vehicle reflective devices, and associated FMCSRs) also requires the rear of all equipment such as ‘‘mirrors, snow equipment. The standard applies to trailers and semitrailers to be equipped plows, wrecker booms, backhoes, passenger cars, multipurpose passenger with conspicuity materials (a strip of winches,’’ and also including Laydon’s vehicles, trucks, buses, trailers, and alternating red and white retroreflective aerodynamic devices. In these instances, motorcycles. sheeting or reflex reflectors) installed S6.2.2 of FMVSS No. 108 requires the Specifically, with respect to clearance across both: vehicle to ‘‘be equipped with an lamps and identification lamps, all (1) (1) The full width of the trailer, as additional lamp or device of the same trucks and buses 80 inches or more in close to the extreme edges as type which meet[s] all applicable width, (2) semitrailers and full trailers practicable, and as close as practicable requirements of this standard, including 80 inches or more in width (except to a position not less than 375 mm photometry and visibility.’’ This is converter dollies), and (3) pole trailers (14.77 in) and not more than 1525 mm exactly what Laydon is proposing to must be equipped with: (60.05 in) above the road surface at the do—to install the same clearance and • Two red clearance lamps, one on centerline with the trailer at curb identification lamps, but in a lower each side of the vertical centerline of the weight, and position on the vehicle. vehicle, mounted as high as practicable (2) The full width of the horizontal Some fleets and small-scale operators to indicate the overall width of the member of the rear underride protection may not have the technical expertise to vehicle; and device required by FMVSS No. 224, move the identification and clearance • A group of three red identification ‘‘Rear impact protection.’’ The lamps to a lower position. FMCSA lights on the rear of the vehicle, horizontal member is required to extend notes, however, that it is the mounted as close as practicable to the to within 100 mm (4 in) of the side responsibility of each motor carrier to top of the vehicle. One lamp is required extremity of the vehicle, and be located ensure that its vehicles fully comply to be mounted as close as practicable to not more than 560 mm (20.05 in) above with the FMCSRs at all times (see 49 the vertical centerline of the vehicle, the ground at any point. CFR 393.1(c)), and this includes the and one on each side with lamp centers The presence of these two separate terms and conditions of this temporary spaced not less than 6 inches or more conspicuity treatments on the rear of all exemption. As such, if a motor carrier than 12 inches apart. trailers and semitrailers, consisting of chooses to use Laydon’s device, it must The grouping of three identification alternating red and white retroreflective ensure that the required lights are lamps on the top rear of large vehicles material or reflex reflectors, serves as a properly moved and are fully is intended to uniquely identify them clear indication to the motoring public operational at all times. with the longest sight preview possible. that the vehicle is a large commercial While FMVSS No. 108 and section On February 5, 2003, the National vehicle as opposed to a passenger car. 393.11 of the FMCSRs require the two Highway Traffic Safety Administration While these conspicuity treatments are conspicuity treatments to be installed (NHTSA) denied a petition for not located at or near the very top of the on the rear of trailers and semitrailers, rulemaking from Sierra Products, Inc. trailer or semitrailer, FMCSA believes neither of the conspicuity treatments is (Sierra), which—among other things— they provide a very distinctive visual required to be installed on single unit requested that NHTSA amend FMVSS pattern on the rear of trailers and trucks (box trucks). For this reason, No. 108 to require the identification semitrailers that easily enables motorists FMCSA believes that it is appropriate to lights to be mounted at eye height on to be aware that they are approaching a limit the use of Laydon’s aerodynamic heavy trucks (68 FR 5863). In denying large vehicle. device, when mounted at the top of the Sierra’s petition, NHTSA stated ‘‘As the It is important to note that Laydon is vehicle and obscuring the clearance and mounting height of identification lamps proposing that the required clearance identification lights, to trailers and is lowered, the time that nearby drivers and identification lights be relocated semitrailers only at this time. will have to identify the vehicle as a lower on vehicles using the heavy truck will lessen. This is contrary aerodynamic devices, and is not simply FMCSA Decision to the intent of the requirement. On the requesting an exemption from the FMCSA has evaluated the Laydon other hand, the mounting height of regulation because the required lights exemption application. The Agency identification lamps has been long are obscured by the device. FMCSA believes that granting the temporary established to be ‘‘as high as believes that relocating the lamps to a exemption to allow rear identification practicable.’’ This is to make nearby lower position is an acceptable lamps and rear clearance lamps to be drivers aware of the vehicle’s size. If approach and ensures an equivalent located lower on trailers and these lamps were lowered to eye level, level of safety for two reasons. First, as semitrailers, mounted at the same level approaching drivers may not be able to Laydon notes in its application, FMVSS as the stop lamps, tail lamps, and turn distinguish large commercial vehicles No. 108 and section 393.11 of the signals, will likely maintain a level of from passenger vehicles.’’ [Emphasis FMCSRs permit the clearance and safety that is equivalent to, or greater added.] identification lamps to be mounted than, the level of safety achieved Notwithstanding the above, the three lower on flatbed trailers and intermodal without the exemption. Granting the identification lamps are not the only chassis simply because there is no other exemption will also be consistent with means by which drivers are ‘‘able to way to mount the lamps due to the the Agency’s February 14, 2018, distinguish large commercial vehicles vehicle designs. FMCSA does not decision to grant an exemption for from passenger vehicles,’’ as stated in believe that locating the clearance and motor carriers using a similar NHTSA’s denial of the petition from identification lamps in the same manner aerodynamic device manufactured by Sierra. While FMCSA agrees that on trailers and semitrailers using STEMCO LP (83 FR 6718). mounting identification lamps ‘‘as high Laydon’s aerodynamic devices will pose as practicable’’ provides approaching an unreasonable risk, especially given Terms and Conditions for the motorists maximum time to identify a the conspicuity requirements discussed Exemption CMV, and that lowering the mounting above. Second, S6.2.2 of FMVSS No. The Agency hereby grants the location of the identification lamps 108 directly addresses vehicle designs exemption for a five-year period,

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beginning May 18, 2020 and ending decisions by FTA on the subject project plant and transmission lines to traction May 19, 2025. During the temporary and to activate the limitation on any power substations that electrify the exemption period, motor carriers will be claims that may challenge these final tracks and operating controls on allowed to mount Laydon’s OptiTailTM environmental actions. portions of the NJ Transit and Amtrak aerodynamic device at the top of trailers DATES: By this notice, FTA is advising systems, the installation of up to 19.6 and semitrailers, provided that the rear the public of final agency actions miles of new electrical lines, the clearance and identification lights are subject to 23 U.S.C. 139(l). A claim construction of two new electrical mounted at the same level as the stop seeking judicial review of FTA actions substations in Kearny and Jersey City, lamps, tail lamps, and turn signals. The announced herein for the listed public NJ, and the installation of emergency exemption will be valid for five years transportation project will be barred generators at HBLR Headquarters in unless rescinded earlier by FMCSA. The unless the claim is filed on or before Jersey City, NJ. Final agency action: exemption will be rescinded if: (1) October 15, 2020. Section 4(f) individual use Motor carriers and/or CMVs fail to FOR FURTHER INFORMATION CONTACT: determination; executed Section 106 comply with the terms and conditions Nancy-Ellen Zusman, Assistant Chief Programmatic Agreement, dated January of the exemption; (2) the exemption has Counsel, Office of Chief Counsel, (312) 16, 2020; NJ Transitgrid Traction Power resulted in a lower level of safety than 353–2577 or Saadat Khan, System Combined Final Environmental was maintained before it was granted; or Environmental Protection Specialist, Impact Statement (FEIS)/Record of (3) continuation of the exemption would Office of Environmental Programs, (202) Decision (ROD), dated April 15, 2020. not be consistent with the goals and 366–9647. FTA is located at 1200 New Supporting Documentation: NJ objectives of 49 CFR part 381. Jersey Avenue SE, Washington, DC Transitgrid Traction Power System Draft Interested parties possessing 20590. Office hours are from 9:00 a.m. Environmental Impact Statement (DEIS), information that would demonstrate to 5:00 p.m., Monday through Friday, dated, May 8, 2019. The Combined that motor carriers using trailers or except Federal holidays. FEIS/ROD and associated documents semitrailers with Laydon’s OptiTailTM SUPPLEMENTARY INFORMATION: Notice is can be viewed and downloaded from: aerodynamic device are not achieving hereby given that FTA has taken final https://njtransitresilienceprogram.com/ the requisite statutory level of safety agency actions by issuing certain documents/combined-final- should immediately notify FMCSA. The approvals for the public transportation environmental-impact-statement- Agency will evaluate any such project listed below. The actions on the record-of-decision/. information and, if safety is being project, as well as the laws under which Authority: 23 U.S.C. 139(l)(1). compromised or if the continuation of such actions were taken, are described Mark A. Ferroni, the exemption is not consistent with 49 in the documentation issued in CFR part 381, will take immediate steps connection with the project to comply Deputy Associate Administrator for Planning and Environment. to revoke the exemption. with the National Environmental Policy [FR Doc. 2020–10505 Filed 5–15–20; 8:45 am] Preemption Act (NEPA) and in other documents in BILLING CODE P In accordance with 49 U.S.C. the FTA environmental project file for 31315(d), as implemented by 49 CFR the project. Interested parties may 381.600, during the period this contact either the project sponsor or the DEPARTMENT OF VETERANS exemption is in effect, no state shall relevant FTA Regional Office for more AFFAIRS enforce any law or regulation applicable information. Contact information for FTA’s Regional Offices may be found at to interstate commerce that conflicts [OMB Control No. 2900–0559] with or is inconsistent with this https://www.fta.dot.gov. This notice applies to all FTA exemption with respect to a firm or Agency Information Collection decisions on the listed project as of the person operating under the exemption. Activity: State Cemetery Data Sheet issuance date of this notice and all laws States may, but are not required to, and Cemetery Grant Documents under which such actions were taken, adopt the same exemption with respect including, but not limited to, NEPA [42 AGENCY: National Cemetery to operations in intrastate commerce. U.S.C. 4321–4375], Section 4(f) Administration, Department of Veterans James A. Mullen, requirements [23 U.S.C. 138, 49 U.S.C. Affairs. Acting Administrator. 303], Section 106 of the National ACTION: Notice. [FR Doc. 2020–10593 Filed 5–15–20; 8:45 am] Historic Preservation Act [54 U.S.C. BILLING CODE 4910–EX–P 306108], Section 10 of the Rivers and SUMMARY: The National Cemetery Harbors Act of 1899 [33 U.S.C. 403], Administration (NCA), Department of Clean Water Act [33 U.S.C. 1251] and Veterans Affairs (VA), is announcing an DEPARTMENT OF TRANSPORTATION the Clean Air Act [42 U.S.C. 7401– opportunity for public comment on the 7671q]. This notice does not, however, proposed collection of certain Federal Transit Administration alter or extend the limitation period for information by the agency. Under the challenges of project decisions subject Paperwork Reduction Act (PRA) of Limitation on Claims Against Proposed to previous notices published in the 1995, Federal agencies are required to Public Transportation Projects Federal Register. publish notice in the Federal Register AGENCY: Federal Transit Administration The project and actions that are the concerning each proposed collection of (FTA), DOT. subject of this notice follow: Project information, including each revised ACTION: Notice. name and location: NJ Transitgrid collection allow 30 days for public Traction Power System Project, Kearny comment in response to the notice. This SUMMARY: This notice announces final and Jersey City, New Jersey. Project notice solicits comments on information environmental actions taken by the Sponsor: New Jersey Transit needed to determine when to begin Federal Transit Administration (FTA). Corporation, Newark, New Jersey. development of additional acreage for The purpose of this notice is to Project description: The project consists burial space and, in so doing, to announce publicly the environmental of a central, natural gas-fired power anticipate when to provide money to

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expand or improve these National Advisory Committee Act, that the Veterans in the readjustment to civilian Cemeteries. National Research Advisory Council life. In carrying out this duty, the will hold a meeting on Wednesday, June DATES: Written comments and Committee shall take into account the recommendations for the proposed 3, 2020, by teleconference. The needs of Veterans who served in combat information collection should be sent teleconference number is 1–800–767– theaters of operation. The Committee within 30 days of publication of this 1750, Participant Code #26528. The assembles, reviews, and assesses meeting will convene at 11:00 a.m. and notice to www.reginfo.gov/public/do/ information relating to the needs of end at 1:00 p.m. This meeting is open PRAMain. Find this particular Veterans readjusting to civilian life and to the public. the effectiveness of VA services in information collection by selecting The purpose of the National Research assisting Veterans in that readjustment. ‘‘Currently under 30-day Review—Open Advisory Council is to advise the for Public Comments’’ or by using the Secretary on research conducted by the The Committee, comprised of 12 subject search function. Refer to ‘‘OMB Control Veterans Health Administration, matter experts, advises the Secretary, No. 2900–0559. including policies and programs through the VA Readjustment SUPPLEMENTARY INFORMATION: targeting the high priority of Veterans’ Counseling Service, on the provision by Authority: Public Law 104–13; 44 health care needs. VA of benefits and services to assist U.S.C. 3501–21. On June 3, 2020, the agenda will Veterans in the readjustment to civilian Title: State Cemetery Data, VA Form include a discussion regarding research life. In carrying out this duty, the 40–0241 and Cemetery Grant VA is conducting regarding COVID–19 Committee assembles, reviews, and Documents, 40–0895 Series. and mental health issues related to assesses information relating to the OMB Control Number: 2900–0559. COVID–19. Also, the Committee will needs of Veterans readjusting to civilian Type of Review: Extension without of explore potential recommendations to life and the effectiveness of VA services an approved collection. be included in the next annual report. in assisting Veterans in that Abstract: VA Form 40–0241 and No time will be allocated at this meeting readjustment, specifically taking into Cemetery Grant Documents, 40–0895 for receiving oral presentations from the account the needs of Veterans who Series, are required to provide data public. Members of the public wanting served in combat theaters of operation. regarding the number of interments to attend, have questions or conducted at State Veterans cemeteries presentations to present may contact Dr. On June 12, 2020, the agenda will and support grant applications each Marisue Cody, Designated Federal include a review of the Committee year. This data is necessary for budget, Officer, Office of Research and Charter, a review of the 20th report of oversight and compliance purposes Development (10X2), Department of the RCS FACA committee, an overview associated with exiting and Veterans Affairs, 810 Vermont Avenue of the National Center for PTSD by Dr. establishment of new State and Tribal NW, Washington, DC 20420, at (202) Paula Schnurr, and a period of open government Veteran cemeteries. 443–5681, or by email at Marisue.Cody@ discussion amongst committee An agency may not conduct or va.gov no later than close of business on members. sponsor, and a person is not required to May 27, 2020. All questions and No time will be allotted for receiving respond to a collection of information presentations will be presented during oral comments from the public; unless it displays a currently valid OMB the public comment section of the however, the committee will accept control number. The Federal Register meeting. Any member of the public written comments from interested Notice with a 60-day comment period seeking additional information should parties on issues outlined in the meeting soliciting comments on this collection contact Dr. Cody at the above phone agenda or other issues regarding the of information was published at insert number or email address noted above. readjustment of Veterans. Parties should citation date: Volume 85 No. 45 on Dated: May 12, 2020. Friday, March 6, 2020, page 13238. contact Ms. Sherry Moravy, via email at LaTonya L. Small, Affected Public: Individuals or [email protected], or by mail at households. Federal Advisory Committee Management Department of Veterans Affairs, Officer. Estimated Annual Burden: 10,050. Readjustment Counseling Service Estimated Average Burden per [FR Doc. 2020–10522 Filed 5–15–20; 8:45 am] (10RCS), 810 Vermont Avenue, Respondent: 15 minutes. BILLING CODE P Washington, DC 20420. Any member of Frequency of Response: One-time. the public seeking additional Estimated Number of Respondents: information should contact Ms. Moravy DEPARTMENT OF VETERANS 286. AFFAIRS at the phone number or email addressed By direction of the Secretary. noted above. For any members of the Danny S. Green, Advisory Committee on the public that wish to attend virtually, they VA PRA Clearance Officer, Office of Quality, Readjustment of Veterans, Notice of may use the WebEx link: https:// Performance and Risk, Department of Meeting veteransaffairs.webex.com/ Veterans Affairs. veteransaffairs/j.php? The Department of Veterans Affairs MTID=m33a74c10b401acf2335abb7 [FR Doc. 2020–10510 Filed 5–15–20; 8:45 am] (VA) gives notice under the Federal fa525ace3. Meeting number: 906 886 BILLING CODE 8320–01–P Advisory Committee Act that the 652, Meeting Password: apRUBvp$858, Advisory Committee on the Readjustment of Veterans will meet or to join by phone: 1–404–397–1596. DEPARTMENT OF VETERANS virtually on June 12, 2020 at 12:00 p.m. Dated: May 13, 2020. AFFAIRS to 3:00 p.m. EST. The virtual meeting is Jelessa M. Burney. National Research Advisory Council, open to the public. Federal Advisory Committee Management Amended; Notice of Meeting The purpose of the Committee is to Officer. advise the Department of Veterans [FR Doc. 2020–10591 Filed 5–15–20; 8:45 am] The Department of Veterans Affairs Affairs (VA) regarding the provision by (VA) gives notice under the Federal VA of benefits and services to assist BILLING CODE P

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Part II

Department of Agriculture

Animal and Plant Health Inspection Service 7 CFR Parts 330, 340 and 372 Movement of Certain Genetically Engineered Organisms; Final Rule

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DEPARTMENT OF AGRICULTURE Coordinated Framework for Regulation On January 19, 2017, we published in of Biotechnology (Coordinated the Federal Register (82 FR 7008–7039, Animal and Plant Health Inspection Framework) 1 was published by the Docket No. APHIS–2015–0057) a Service Office of Science and Technology proposed rule 2 intended to revise our Policy. It describes the comprehensive regulatory approach from ‘‘regulate first 7 CFR Parts 330, 340, and 372 Federal regulatory policy for ensuring before analyzing risks’’ to ‘‘analyze [Docket No. APHIS–2018–0034] the safety of biotechnology research and plant pest and noxious weed risks of GE products and explains how Federal organisms prior to imposing regulatory RIN 0579–AE47 agencies use existing Federal statutes to restrictions.’’ ensure public health and environmental Under the January 2017 proposed Movement of Certain Genetically safety while maintaining regulatory rule, a stakeholder could request that we Engineered Organisms flexibility to avoid impeding the growth conduct a risk assessment to determine AGENCY: Animal and Plant Health of the biotechnology industry. The whether a GE organism would pose Inspection Service, USDA. Coordinated Framework explains the plant pest or noxious weed risks and regulatory roles and authorities for thus need to be regulated. Regulated GE ACTION: Final rule. APHIS, EPA, and the FDA. The organisms could be imported, moved SUMMARY: We are amending the Coordinated Framework was updated in interstate, or released into the regulations regarding the movement 2017 in light of advances that had environment under a flexible, risk-based (importation, interstate movement, and occurred since 1986 in the field of permitting procedure. environmental release) of certain biotechnology. APHIS received 203 comments on the genetically engineered organisms in APHIS first issued these regulations proposal during the comment period. response to advances in genetic in 1987 under the authority of the Commenters expressed concerns about engineering and our understanding of Federal Plant Pest Act of 1957 and the many provisions of the proposed rule. the plant pest risk posed by genetically Plant Quarantine Act of 1912, two acts Many stated that the proposed engineered organisms, thereby reducing that were subsumed into the Plant requirements would be too burdensome the regulatory burden for developers of Protection Act (PPA, 7 U.S.C. 7701 et and had the potential to stifle organisms that are unlikely to pose seq.) in 2000, along with other innovation. plant pest risks. This final rule, which provisions. Since 1987, APHIS has After reviewing the comments, APHIS marks the first comprehensive revision amended the regulations six times, in subsequently withdrew the proposed rule. Following the withdrawal, APHIS of the regulations since they were 1988, 1990, 1993, 1994, 1997, and 2005, conducted extensive outreach. Our established in 1987, provides a clear, to institute exemptions from the outreach efforts took place in all regions predictable, and efficient regulatory requirement for permits to conduct of the United States and encompassed pathway for innovators, facilitating the activities for certain microorganisms all sectors of the agriculture supply development of genetically engineered and Arabidopsis, to institute the current chain, as well as academic researchers, organisms that are unlikely to pose notification process and petition growers of various crops, and advocacy plant pest risks. procedure, and to exclude plants engineered to produce industrial groups. Organizations ranged in size DATES: Effective August 17, 2020. compounds from the notification from small laboratories to larger scale Sections 340.4 and 340.5 are applicable process. businesses. APHIS also took proactive beginning April 5, 2021. While the regulations have been steps to meet with organizations both FOR FURTHER INFORMATION CONTACT: Dr. effective in ensuring the safe supportive and skeptical of agricultural Alan Pearson, Assistant Deputy introduction of GE organisms during the biotechnology. In total, APHIS met with Administrator, Biotechnology past 30 years, they do not reflect the more than 80 organizations, including Regulatory Services, APHIS, 4700 River findings from APHIS’ three decades of 17 universities, State departments of Road, Unit 98, Riverdale, MD 20737– experience in evaluating GE organisms agriculture, and farmer organizations. 1238; (301) 851–3944. for plant pest risk or account for Much of the feedback received during SUPPLEMENTARY INFORMATION: developments in genetic engineering this process centered on the need to over that period. APHIS’ evaluations to focus regulatory efforts and oversight Background date have provided evidence that upon risk, rather than the method used The Animal and Plant Health genetically engineering a plant with a to develop GE organisms. Stakeholders Inspection Service (APHIS) of the plant pest as a vector, vector agent, or also expressed a desire for flexible and United States Department of Agriculture donor does not result in a GE plant that adaptable regulations so that future (USDA) administers the regulations in 7 presents a plant pest risk. Further, innovations do not invalidate the CFR part 340, ‘‘Introduction of genetic engineering techniques have regulations. We also received feedback Organisms and Products Altered or been developed that do not employ urging us to keep international trade Produced Through Genetic Engineering plant pests as donor organisms, objectives in mind when proposing new Which are Plant Pests or Which There recipient organisms, vectors, or vector regulations and ensuring that new is Reason to Believe are Plant Pests’’ agents, yet may result in organisms that regulatory requirements are transparent (referred to below as ‘‘the regulations’’). do pose a plant pest risk. Given these and clearly articulated. These regulations govern the developments, as well as legal and The feedback we received led us to introduction (importation, interstate policy issues discussed below, it has update APHIS’ regulatory framework, in movement, or release into the become necessary, in our view, to a manner that further focuses our environment) of certain genetically update our regulations accordingly. regulatory efforts on the properties of engineered (GE) organisms. the GE organism itself rather than on the Along with the Environmental 1 To view the 1986 framework, go to https:// Protection Agency (EPA), and the Food www.aphis.usda.gov/brs/fedregister/coordinated_ 2 To view the 2017 proposed rule, the subsequent framework.pdf. To view the 2017 revision to the withdrawal, all supporting documents, and and Drug Administration (FDA), APHIS framework, go to https://www.aphis.usda.gov/ comments APHIS received, go to http:// is responsible for the oversight and biotechnology/downloads/2017_coordinated_ www.regulations.gov/#!docketDetail;D=APHIS- review of GE organisms. In 1986, the framework_update.pdf. 2015-0057.

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method used to produce it. We believed analyses until August 6, 2019. We The exemptions in § 340.1(b)(1) that this regulatory approach would received 6,150 comments by that date. through (3) are based on the principles better reflect our current knowledge of They were from developers of GE listed below. (For reasons discussed the field of biotechnology and would organisms; growers of GE plants for food later in this document, we are removing therefore enable us to evaluate GE crops and other uses; trade associations from this final rule the exemption organisms for plant pest risk with representing both of those groups and contained in § 340.1(b)(4) of the greater precision than the existing sellers of such commodities as corn, proposed rule, which would have framework allowed. The regulatory soybeans, and grain; scientists pertained to ‘‘null segregants,’’ or the framework was also intended to enable representing academic institutions; offspring of a GE plant that does not APHIS to avoid conducting repetitive organic farmers and trade associations retain the genetic modification in the GE analyses, to utilize its staff time more representing their interests; consumer plant parent; while there is still a efficiently than before, and to provide and public interest groups; and paragraph (b)(4) in this final rule, it better stewardship of taxpayer dollars. individuals. Most of the comments, serves a different purpose which we On June 6, 2019, we published in the while not form letters, expressed a discuss later in this document.) Federal Register (84 FR 26514–26541, generalized, similarly themed 1. Plants created through Docket No. APHIS–2018–0034) a opposition to GE products. Of the conventional breeding have a history of proposal 3 to amend the regulations in comments that specifically addressed safe use related to plant pest risk; accordance with the Secretary of the provisions of the rule, 2. The types of plants that qualify for Agriculture’s March 28, 2018, statement approximately 25 expressed some these exemptions can also be created on plant breeding innovations. The support for the rule. The comments are through conventional breeding; and Secretary’s statement and the discussed below by topic. 3. There is no evidence that use of accompanying explanatory details recombinant deoxyribonucleic acid provided clarification on the USDA’s Applicability of the Regulations (DNA) or genome editing techniques oversight over plants produced through Exemptions necessarily and in and of itself innovative, new breeding techniques, introduces plant pest risk, irrespective including genome editing techniques. The June 2019 proposed rule of the technique employed. (The statement and further details are exempted from the regulations certain When a plant meets one of the above- available at: https:// categories of plants that have been listed exemptions, therefore, it is not www.aphis.usda.gov/aphis/ourfocus/ modified. Specifically, § 340.1(b)(1) expected to pose plant pest risks greater biotechnology/brs-news-and- through (4) proposed to exempt such than the plant pest risks posed by plants information/2018_brs_news/plant_ plants if: modified by conventional breeding • breeding.) The genetic modification is solely a methods and thus should rightly not be We would note also that the June deletion of any size; or subjected to regulation under part 340. 2019 proposed rule and this final rule • The genetic modification is a single (The term ‘‘conventional breeding’’ may are consistent with the President’s base pair substitution; or generally be used interchangeably with • ‘‘Executive Order on Modernizing the The genetic modification is solely ‘‘traditional breeding.’’ In the June 2019 Regulatory Framework for Agricultural introducing nucleic acid sequences from proposed rule, APHIS used both terms, Biotechnology Products’’ (June 11, 2019, within the plant’s natural gene pool or with ‘‘traditional breeding’’ appearing Executive Order 13874). Executive from editing nucleic acid sequences in more frequently in the text. Based in Order 13874 directs the Federal a plant to correspond to a sequence part on dialogue with other agencies Government to adopt regulatory known to occur in that plant’s natural involved in regulating biotechnology, approaches for the products of gene pool; or we have elected to use the term agricultural biotechnology that are • The plant is an offspring of a GE ‘‘conventional breeding’’ throughout proportionate to the risks such products plant and does not retain the genetic this final rule and its supporting pose, and that avoid arbitrary or modification in the GE plant parent. documents, except when the need to unjustifiable distinctions across like In addition to above-listed categories, quote directly indicates otherwise. For products developed through different proposed § 340.1(c) stated that modified purposes of this rule and its supporting technologies. Among other things, plants would not be subject to the documents, ‘‘conventional breeding’’ Executive Order 13874 states that regulations if they have plant-trait- has the meaning it is understood to have regulatory decisions should be science- mechanism of action (MOA) within the context of part 340, based on and evidence-based, taking economic combinations that are the same as those the examples provided immediately factors into account as appropriate and of modified plants for which APHIS has below. Other Federal or State consistent with applicable law; that conducted a regulatory status review regulations may use the term regulatory reviews should be conducted (RSR) and found not to be subject to the ‘‘conventional breeding’’ in the context in a timely and efficient manner; and regulations under part 340. of their regulations and attribute slightly that biotechnology regulations should The above-listed exemptions elicited different meanings.) be transparent, predictable, and a broad spectrum of comments. Some We noted in the preamble to the June consistent. commenters welcomed the regulatory 2019 proposed rule that conventionally We solicited comments on our relief offered by the exemptions as bred crops have a long history of safe proposed rule and its supporting written, while others viewed them as use with respect to plant pest risk and too broad and still others as excessively that the long history of conventional 3 To view the proposed rule, the comments we restrictive. plant breeding gives us extensive received, and supporting documents, go to http:// Among the commenters who viewed experience in safely managing any www.regulations.gov/#!docketDetail;vD=APHIS- 2018-0034. Additionally, please note that within the exemptions as excessively broad, associated plant pest risks. the body of this document, that rule and this final several commenters stated that APHIS Conventional breeding techniques rule are referred to at times as the Sustainable, did not provide the ‘‘necessary scientific generally involve the deliberate Ecological, Consistent, Uniform, Responsible, justifications’’ for the exemptions from selection of plants with desirable traits Efficient (SECURE) rule. The SECURE rule is the nomenclature used by USDA to discuss the rule regulation listed in proposed from existing population genetic with stakeholders. § 340.1(b)(1) through (3). variation or from new genetic variation

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created through artificial hybridization modifications that occur in unique hazards inherent in the use of or induced mutagenesis. As we noted in conventional breeding can also be recombinant DNA techniques with the June 2019 proposed rule, such constructed precisely using new plant respect to plants, and that crops techniques include marker-assisted breeding technologies (Custers, et al., modified by molecular and cellular breeding, tissue culture, protoplast, cell, 2019). We are exempting plants methods should pose risks no different or embryo fusion, and chemical or generated using plant breeding from those modified by conventional radiation-based mutagenesis. Products technologies that have non-templated breeding methods for similar traits. generated solely using such techniques insertions and deletions and that have a Moreover, new molecular methods for have never been regulated under the single base pair substitution, because editing genomes have been developed part 340 regulations. Although they could otherwise be created by since the NRC studies that can be more conventional breeding is not risk free, conventional breeding and pose no specific and precise than those the risks associated with it are, increased plant pest risk relative to their evaluated by the NRC studies, and according to a 1989 National Research conventionally bred counterparts. plants modified by these new methods Council (NRC) report,4 ‘‘manageable by The exemption in proposed should also pose plant pest risks that are accepted standards.’’ In other words, the § 340.1(b)(3) applies to the use of new no different from plants that are types of traits that can be introduced plant breeding technologies to recreate modified for similar traits by through conventional breeding have not the introduction of a gene, allele of a conventional breeding methods. For all led to plant pest risk concerns. gene, or structural variation that could of the foregoing reasons, we consider The types of DNA modifications that otherwise be introduced by crosses. the exemptions to be based on the best occur through conventional breeding by APHIS notes that conventional methods available science. mutagenesis are well characterized of plant breeding and new plant Some commenters stated that APHIS (Oladosu, et al., 2016; Kharkwal, et al., breeding technologies often share the did not adequately consider risk when 2012). Among the common outcomes same goals with similar results. Human developing the exemptions. It was that result from mutagenesis are selection of plants has been used for stated that the proposed exemptions do deletions, insertions, inversions, or thousands of years; and crossing has not consider potential pest risks or translocations of DNA and base pair been used to introduce alleles into human, environmental, or agricultural substitutions (Oladosu, et al., 2016) breeding populations since at least the impacts on nontarget organisms. A which often result from double strand early 18th century (Goulet, et al., 2017). commenter claimed that APHIS breaks in the DNA followed by natural More recently, plant breeders have regulates risks other than plant pest DNA repair. Base-pair substitution also expanded the source of genetic material risks, such as inadvertent introduction results from chemical modification of a that can be used to introduce genetic to the food supply and economic base followed by natural DNA repair. changes into breeding populations impacts from gene flow, so there should These types of modifications occur at a through wide crosses, embryo rescue, be scientific evidence that plants low rate from naturally occurring and protoplast fusion (Bravo, et al., exempted from regulations do not pose environmental exposure to ionizing 2011; De Filippis, 2014; Singh, 1990), as any of the full range of risks. We do not agree with these radiation, radical oxygen, chemical well as the rate of introduction of comments. With regard to the compounds, or biological agents such as genetic material through marker-assisted commenters who stated that the viruses, or at an elevated rate in and genomic selection; all of these approaches are considered conventional exemptions failed to consider impacts response to radiation and chemical- breeding methods and are used to on non-target organisms, APHIS induced mutagenesis. In conventional expand and guide changes in the gene considers impacts on non-target breeding, these types of DNA pool available within a population. organisms that are beneficial to plants to modifications are introduced randomly. Genetic engineering can be used to be indirect plant pest impacts. It is not Individual plants possessing a mutation introduce a genetic sequence from any accurate to say that APHIS has conferring a useful phenotype are donor source into plants, which cannot previously regulated risks other than isolated by screening, and random be accomplished through conventional plant pest risks. Under the current mutations that are introduced and do breeding. To limit the exemption in regulations prior to the effective date of not convey a useful phenotype are paragraph (b)(3) to what is possible in this final rule (referred to below as ‘‘the addressed during backcrossing. New conventional breeding, the third current regulations’’), APHIS has plant breeding technologies, such as exemption applies only to the imposed measures to limit gene flow those used in genome editing, can be introduction of a gene, allele, or from GE plants that already met the used to create targeted double strand structural variant known to occur from definition of a regulated article. (Please breaks in specific parts of the genome a donor source (1) in the same species see the ‘‘Implementation Table’’ on that when repaired result in deletions as the recipient, or (2) in a species Regulations.gov regarding the dates and small insertions, just as from compatible via wide crosses, embryo when various provisions of this rule natural environmental exposure or rescue, or protoplast fusion with the become applicable.) In these cases, radiation mutagenesis (Chen, et al., recipient species. APHIS considered the GE plants to be 2019). Likewise, new plant breeding The NRC has concluded in multiple regulated articles because they had used technologies can also be used, in a studies 5 that there was no evidence of a plant pest as the donor organism, specific, targeted manner, to create base recipient organism, or vector or vector pair substitutions that are similar to the 5 National Academies of Sciences, Engineering, agent, and therefore could pose a plant modifications that can be created by and Medicine (NAS) 1987. Introduction of pest risk. As noted in the proposed rule, random chemical mutagenesis. In other Recombinant DNA-engineered Organisms into the Environment: Key Issues. Washington, DC National APHIS’ evaluations to date have words, the same types of DNA Academy Press. 24 pp. Retrieved from https:// provided evidence that genetically www.nap.edu/read/18907/chapter/1. 4 National Research Council (NRC) 1989. Field National Research Council (NRC) 1989. Field National Academies of Sciences, Engineering, Testing Genetically Modified Organisms: Testing Genetically Modified Organisms: and Medicine (NAS) 2016. Genetically Engineered Framework for Decisions. Washington DC. National Framework for Decisions. Washington DC. National Crops: Experiences and Prospects. Washington, DC Academy Press. 185 pp. Retrieved from http:// Academy Press. 185 pp. Retrieved from http:// National Academy Press. 420 pp. doi:10.17226/ www.nap.edu/catalog/1431.html. www.nap.edu/catalog/1431.html. 23395. Retrieved from http://www.nap.edu/23395.

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engineering a plant with a plant pest there can be variation in off-target genetic modifications than can does not in and of itself result in a plant mutation rates due to the nature of the practically be achieved through that presents a plant pest risk, however. technique used and the biological conventional breeding methods In cases where GE crops were not system to which it is applied, the (Custers, et al., 2019; Wolter, et al., subject to regulation, no ‘‘other risks’’ mutation rates in such conventional 2019; Najera, et al., 2019). Currently, such as inadvertent introduction to the breeding techniques as chemical and APHIS lacks sufficient familiarity to food supply or economic impacts from irradiation-based mutagenesis dwarf the develop a risk-based exemption for gene flow have been regulated by APHIS rate associated with such methods. products containing complex insofar as they were outside the scope Due to the nature of plant breeding— combinations that might be produced in of the regulations. in which populations are created and the future. APHIS is clarifying that the A commenter opposed the evaluated, and individual plants are exemptions listed in § 340.1(b)(1) exemptions listed in proposed selected for the intended through (3) are based on types of § 340.1(b)(1) through (3) on the basis modifications—off-target changes are modifications that are easily that plants produced through most likely to be lost unless they are recognizable to the developers of the methods that would be used for genome genetically linked to the targeted organism and on genetic changes that editing are regenerated from single cells modification that is introduced. APHIS could be practically achieved by in tissue culture, resulting in wishes to clarify that, for these reasons, conventional breeding methods in any somaclonal variation with unpredictable off-target mutations are not considered plant species. However, over time, consequences, and that off-target when determining eligibility for an APHIS expects to gain more familiarity mutations caused by genome editing are exemption. This is also consistent with with the products of these new plant more likely than chemical and radiation APHIS’ approach regarding breeding innovations. Accordingly, we mutagenesis to be non-random. A conventional breeding techniques. As are revising § 340.1(b) to establish a second commenter asked that the noted above, these techniques often process for listing additional exemptions be limited so that they have a high mutation rate, but have a modifications that plants can contain apply only to plants produced using history of safe use with respect to plant while still being exempted from the techniques that minimize off-target pest risk. APHIS has modified the regulations. This process is specified in mutations. A third commenter asked regulatory text in § 340.1(b) to indicate paragraph (b)(4) of § 340.1 in this final whether off-target mutations are that we are considering only targeted rule. considered when determining eligibility modifications when determining Some commenters inquired how the for an exemption. eligibility for an exemption. exemptions in proposed § 340.1(b)(1) Somaclonal variation has been Some commenters stated that the through (3) pertain to combinations of utilized extensively for breeding scope of the exemptions listed in genetic modifications or to sequential purposes, and the resultant new plant proposed § 340.1(b)(1) through (3) edits. For example, would a deletion variety is not subject to the APHIS should be broadened to encompass the and a single base substitution made at regulations in part 340 that we are range of genetic modifications that are the same time in a plant qualify for replacing with this final rule (Krishna, accessible to plant breeders through exemption? If a single change is made et al., 2016; Neelakandan and Wang, conventional breeding methods, and to a plant, when could another change 2012). APHIS is not aware of a reason proposed alternative language that be made that qualified for an to mandate government oversight over would allow an unlimited number of exemption? Some commenters argued new plant varieties resulting from genetic modifications to be made and that there is no valid scientific reason somaclonal variation. exempt from the regulations. that the exemptions should not allow Background mutation occurs naturally The commenters appear to have multiple simultaneous genomic changes in plants and does not raise plant pest interpreted our references in the June to be made. Other commenters asked us risk concerns in conventional breeding 2019 proposed rule and its preamble to to reaffirm that the exemptions are programs. APHIS does not believe it is plants that could otherwise have been limited to only a single genome editing necessary to regulate off-target effects of developed through ‘‘traditional breeding change, and that a plant containing genome editing in plants because (1) the methods’’ to mean any type and extent multiple changes made at the same or off-target mutation rate from genome of genetic change that is theoretically different times would not be exempt, or editing is low relative to the background possible through conventional breeding that we delete the exemptions mutation rate that occurs in methods. There are many biological and altogether, since genome edits could be conventional breeding, and (2) whatever practical factors that affect a plant made sequentially such that each changes do occur are likely to be breeder’s ability to develop a new crop intermediate organisms would be segregated away from the target variety by introducing genetic variation exempt, cumulatively resulting in a mutation during the breeding process. and intentionally selecting for desired final organism with many targeted Comprehensive CRISPR/Cas off-target traits. These include the number of changes that would also be exempt. analysis on a genome-wide scale has targeted loci and type of desired genetic Several commenters requested that been performed in rice, maize, tomato, changes, the genetic distance between APHIS include a process for adding new and Arabidopsis (Feng, et al., 2014; the desired changes, generation time, categories of exemptions and revising Feng, et al., 2018; Peterson, et al., 2016; breeding system (sexual or asexual, self- exemptions in order to ensure that the Nekrasov, et al., 2017; Lee, et al., 2018; compatibility), ploidy level and regulatory system stays up to date and Tang, et al., 2018). In these cases where genomic complexity, resource keeps pace with advances in scientific the frequency of off-target mutation was availability (time, money, labor, and knowledge, evidence, and experience. measured in CRISPR/Cas expressing genomic resources), and other factors. APHIS seeks to clarify that lines and their progeny, the authors These factors, and thus the extent of exemptions listed in § 340.1(b)(1) concluded that the rate of off-target intentionally selected genetic variation through (3) apply to plants containing mutation was below the level of that can be introduced, vary widely single targeted modifications. The background mutation induced during among plant species. Moreover, new exemptions were formulated to apply to seed amplification or tissue culture plant breeding techniques can make what could otherwise be achieved (Hahn and Nekrasov, 2019). Although possible more complex combinations of through conventional plant breeding

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techniques in any species. As discussed For example, in hexaploid wheat, X-ray through conventional breeding methods, above, the plants that are eligible for mutagenesis was used to create a including mutagenesis, seems to be exemption would have no increased mutant, Ph1-, widely used in breeding conflating the specific targeted changes plant pest risk than conventionally bred programs, that has a 70 Mb deletion that can be made via genome editing plants. APHIS realizes that in some (Sears, 1977). To put the size of this techniques with the multiple random species, a single targeted modification is deletion in perspective, it is larger than changes that occur during conventional often less than what could otherwise be half of the entire genome of breeding, only one or few of which developed through conventional Arabidopsis. might contribute to the desired breeding. However, as noted above, the Some commenters recommended that phenotype. In the case of random extent of intentionally selected variation the exemption in § 340.1(b)(1) be chemical or radiation mutagenesis, that could otherwise be introduced broadened to allow for insertions that thousands of mutations are introduced through conventional breeding varies occur during the natural DNA repair into the plant but most are detrimental, depending on the plant species. To mechanism after double-strand break of or neutral at best. The fact that multiple establish clear and unambiguous the DNA. In the proposed rule, the mutations exist in the plant is a negative exemptions that could apply to any exemption in paragraph (b)(1) mentions feature that needs to be overcome by plant species while enabling for only deletions. laboriously self-fertilizing or variation in what can be achieved APHIS agrees with the comment. backcrossing the mutated plant for through conventional breeding, APHIS Deletions, small insertions, and multiple generations. Even then, a has revised the regulatory text in combinations of deletions and developer may not find an § 340.1(b). insertions are all possible outcomes agronomically suitable phenotype. By Initially, the exemptions will apply resulting from the cellular mechanisms applying selection, it is possible, though only to plants containing a single used to repair DNA breaks that occur at a very low frequency, to get two targeted modification in one of the naturally or that are induced during desirable mutations in a single mutated categories listed. APHIS anticipates conventional plant breeding, and all line if the mutations are unlinked. It is scientific information and/or experience have been used in conventional plant improbable to get two linked mutations may, over time, allow APHIS to list breeding (Manova and Gruszka, 2015; in a single line, particularly if the additional modifications that plants can Wang, et al., 2016). The exemption in mutations are sought within the same contain and still be exempted from the § 340.1(b)(1) has been revised to reflect gene. In contrast, genome editing can regulations so that the regulatory system all of the possible outcomes of natural easily introduce multiple beneficial stays up to date and keeps pace with DNA repair mechanisms that occur in changes in one generation, leading to advances in scientific knowledge, the absence of a deliberately provided phenotypes that we have not seen by evidence, and experience. This may repair template. conventional breeding. include multiple simultaneous genomic A commenter asked that APHIS The exemptions listed in § 340.1(b) changes. If the Administrator eliminate the exemptions for deletions are based on measures that are easily determines that it is appropriate to list and single base pair substitutions, defined, are based on familiarity, and additional modifications, APHIS will arguing that any type of change in a thus are meant to be limited to genetic notify the public in the Federal Register gene sequence can potentially cause changes that could practically be and will take public comment. After phenotypic changes that have achieved by conventional breeding reviewing the comments, APHIS will significant consequences. methods in any plant. It is not possible issue a subsequent notice announcing APHIS disagrees with this argument. to define a number of such changes its determination. This process is Naturally occurring single base pair greater than one which could practically provided in new paragraph (b)(4) in substitutions and deletions are be achieved by conventional breeding § 340.1. commonly induced and are widely used methods in all plant species. The One commenter requested that APHIS to generate new crop varieties in number of changes that can practically document examples of deletions of any conventional mutation breeding, which be achieved through conventional size that could be made by conventional includes both chemically induced and breeding methods can vary widely from breeding. irradiation-based mutagenesis (Oladosu, one species to another. For this reason, The first exemption allows a single et al., 2016; Kharkwal, 2012; APHIS is retaining the limitation of a deletion of any size because radiation Ahloowalia and Maluszynski, 2001). single modification, as this approach can create any size deletion. As The targeted single base pair ensures that we can identify those mutations are typically detrimental to substitutions or deletions covered by plants that pose a plant pest risk. We the organism, what is achievable in these exemptions are the same in kind anticipate that most plants that are not practice is limited by the viability and as, and do not pose any increased plant eligible for the exemption and do not fertility of the organism. Large pest risks than, the substitutions or pose a plant pest risk will pass through mutations can be maintained in a deletions introduced through the RSR process quickly. heterozygous state but do not tend to conventional breeding. Thus, they In addition, as noted above, we are undergo homozygous inheritance should not be subject to the regulations. revising § 340.1(b) by adding a new (Naito, 2005). For example, in Many commenters argued that paragraph (b)(4) that establishes a Arabidopsis, which has a genome size of limiting the exemption in proposed process for listing additional 135 Mb (Arabidopsis Genome Initiative, § 340.1(b)(1) to a single deletion and the modifications that plants can contain 2000), a radiation-induced deletion of exemption in § 340.1(b)(2) to a single while being exempted from the 3.1 Mb was obtained that disrupted 852 base pair substitution does not take into regulations, based on what could be genes and was maintainable only as a account that multiple base pair achieved through conventional plant heterozygote presumably because genes substitutions and/or deletions are breeding. Thus, while the exemptions in essential for survival are present in the routinely and safely introduced into § 340.1(b)(1) through (3) will initially deleted region (Kazama, et al., 2017). plants using conventional breeding apply only to plants containing a single Polyploid plants and those with large methods, including mutagenesis. modification in one of the categories genomes are better able to accommodate The argument that multiple listed, APHIS anticipates that scientific even larger deletions (Men et al., 2002). substitutions or deletions can occur information and/or experience will,

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over time, allow multiple and sequential notice in the Federal Register in host, and make the genetically changes in some species after public accordance with the process set forth in engineered organism more susceptible notice and comment. § 340.1(b)(4)(i). to pests and pathogens, or more fit in The introductory text of § 340.1(b)(4) Under paragraph (b)(4)(vi), a list the wild and more weedy.’’ provides that the Administrator may specifying the additional modifications APHIS disagrees with the comment. propose to exempt plants with allowed will be posted on the APHIS The commenter is pointing out harms additional modifications, based on what website at https://www.aphis.usda.gov/ that potentially could occur, and are no could be achieved through conventional aphis/ourfocus/biotechnology. This list less likely to occur, in conventional breeding. Such proposals may be would include both those additional breeding programs. However, such APHIS-initiated, or in response to a modifications originally proposed by harms have not materialized in request. the Administrator and those that conventional breeding programs Paragraph (b)(4)(i) sets forth the originate with a request. because they rarely occur and are process for APHIS-initiated proposals. Some commenters suggested a change intentionally eliminated during the APHIS will publish a notice in the to the exemption in proposed evaluation and selection process (NRC, Federal Register of the proposal by the § 340.1(b)(2) so that it would allow a 1989). Administrator to exempt plants with limitless number of synonymous base One commenter wished to know additional modifications. The notice pair changes. Synonymous base pair whether the exemption in proposed will make available any supporting changes, it was stated, do not alter the § 340.1(b)(3) supersedes the exemption documentation, and will request public amino acid composition of the encoded in § 340.1(b)(1) and (b)(2). Another comment. After reviewing the protein. One commenter suggested commenter felt that the exemptions in comments, APHIS will publish a changing the exemption to allow paragraphs (b)(1) and (b)(2) were too subsequent notice in the Federal however many specific and known base narrow because polymorphisms, pair changes are needed to achieve the Register announcing its final insertions, inversions, and multiple intended MOA. determination and responding to the megabase deletions and translocations APHIS rejects the first suggestion comments received. are abundant in nature and frequently Under paragraph (b)(4)(ii), any person because synonymous changes can lead, and indeed have been made, to generate induced in breeding programs through may request that APHIS exempt plants mutagenesis. developed with additional significant phenotypic changes, e.g., by altering mRNA splice sites, promoters, APHIS seeks to clarify that modifications that could be achieved § 340.1(b)(3) does supersede through conventional breeding. The and regulatory RNAs. APHIS acknowledges that these types of § 340.1(b)(1) and (b)(2) in the number of request will have to include the changes that can be made under the following supporting information, in phenotypic changes could, in principle, also occur through a single deletion, exemption. APHIS also seeks to clarify writing: that paragraphs (b)(1) and (b)(2) pertain • A description of the insertion, or base pair change in to products of mutagenesis which have modification(s); conventional breeding. However, these not been observed in the gene pool, • The factual grounds demonstrating types of phenotypic changes are whereas paragraph (b)(3) applies only to that the proposed modification(s) could unlikely to be possible in all or perhaps variation already known to occur in the be achieved through conventional plant even most genes through deletion or gene pool. Therefore, the exemption in breeding; single base pair changes. Moreover, • Copies of scientific literature, multiple targeted changes within a paragraph (b)(3) allows the introduction unpublished studies, or other data that single gene are generally not likely to be of a gene, i.e., a functional unit of DNA support the request; and achieved in conventional breeding. that encodes an RNA or protein, or of • Any information known to the Therefore, the exemption will not be an allele (a variant form of a gene or, for requestor that would be unfavorable to broadened to include multiple the purposes of this regulation, a genetic the request. synonymous base pair changes. sequence) containing multiple sequence Paragraph (b)(4)(iii) provides the However, as discussed below under this changes as long as the allele is known timeframe for Agency review of such same subheading of comment responses, to occur in the gene pool of the plant. requests. It provides that, after APHIS we have revised the exemption in With regard to the comment that the receives all the information required for § 340.1(b)(3) to clarify that if multiple exemptions in paragraphs (b)(1) and a request, APHIS will complete its sequence changes are needed to (b)(2) are unnecessarily restrictive review of the request and render a final generate an allele that will result in the because there are changes abundant in determination within 12 months, except intended phenotype and if those nature not covered by these exemptions, in circumstances that could not changes are known to occur in the APHIS wishes to clarify that the reasonably have been anticipated. plant’s gene pool, the GE plant would duplications, inversions, translocations, Under paragraph (b)(4)(iv) if, after qualify for the exemption. and transpositions already known to review of the request, APHIS disagrees One commenter stated that APHIS occur in the gene pool would qualify with the conclusions of the request or should eliminate the exemption in under the exemption in paragraph determines that there is insufficient paragraph (b)(3), regarding introducing (b)(3). evidence that the modification could be variation known to occur in the gene Some commenters suggested deleting achieved through conventional breeding pool, because sequences found naturally ‘‘natural’’ from § 340.1(b)(3) because the methods, APHIS will deny the request in closely related, sexually compatible gene pool of a plant may include and notify the requestor in writing organisms do not necessarily have variation that has been previously regarding this denial. acceptable risks when introduced into induced through chemical or radiation Paragraph (b)(4)(v) provides for other species. The commenter offered an mutagenesis or that could be introduced Agency actions when we agree with a example, stating that ‘‘the introduced via human-assisted wide crosses. request. It states that, if APHIS initially nucleic acids can direct the synthesis of Further comments on the exemption in determines that the modification could toxins, change metabolism in harmful paragraph (b)(3) recommended be achieved through conventional ways, turn on or off genes and metabolic substituting the phrase ‘‘known to breeding methods, APHIS will publish a pathways in the genetically engineered occur’’ with some variation of

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‘‘otherwise accessible through information between unrelated species thus not be eligible for exemption under traditional plant breeding methods.’’ is likely to be safe in most cases. paragraph (b)(3). For instance, (b)(3) will APHIS agrees with the first comment However, APHIS does not have the not exempt from regulation a plant and disagrees with the second. APHIS experience to definitively state that containing an insertion of a gene that is considers the known and accessible exempting all exchange of DNA between known to occur in the gene pool if the gene pool of a plant to include not only plants will not lead to increased plant insertion results in the creation of a genetic sequences that can be pest risk. In cases where genetic gene not known to occur in the gene introduced to a plant via crosses that material from a more distantly related pool, e.g., a gene that results in the can take place without human plant species is introduced into the production of a protein or RNA, or a assistance, but also genetic sequences plant, developers can request an RSR. loss or gain of function, that is not that can be introduced to a plant via A commenter stated that their known to be produced by plants within human-assisted wide crosses between understanding is that the exemption in the gene pool. However, if a specific distantly related species. In systems for § 340.1(b)(3) would include any modification can be demonstrated to be which breeding techniques such as insertion or other sequence modification present in the plant’s gene pool, then it bridging and embryo rescue have been of less than 20 base pairs. APHIS can be exempted under paragraph (b)(3). developed to enable wide crosses, disagrees and seeks to clarify that even If a developer has a question about distantly related plants are also an insertion or sequence modification whether its plant is exempt from the considered part of the gene pool. smaller than 20 base pairs that does not regulation, the developer can contact However, these categories may not be otherwise qualify for exemptions APHIS for a consultation. considered ‘‘natural,’’ so APHIS is in § 340.1(b)(1) or (b)(2) still has to meet Some commenters asked how the favor of deleting this term. APHIS is the criteria of paragraph (b)(3) to qualify deletion exemption in § 340.1(b)(1) retaining the phrase ‘‘known to occur,’’ for exemption under paragraph (b)(3). pertains to diploid and polyploid however. As discussed above, when we The exemption does not apply to what plants. For example, if a deletion is refer to GE plants that could otherwise is theoretically possible. The genetic made to both alleles of a diploid or all have been developed through variation must be known to occur in the four or six alleles in tetraploid and conventional breeding methods, we do plant’s gene pool in order to qualify for hexaploid plants, respectively, would not mean any genetic changes that are the exemption. those plants qualify for the exemption? theoretically possible. Almost any A commenter stated that the APHIS seeks to clarify that genetic change is theoretically possible, regulation could clarify that exemption exemptions in § 340.1(b)(1) through (3) given enough time. APHIS’ intention in under paragraph (b)(3) covers the apply to modifications made to one pair § 340.1(b)(3) is to exempt from introduction of natural or chemically of homologous chromosomes. It is very regulation a product that could be synthesized copies of nucleic acid straightforward in conventional practically expected to be pursued and sequences from one plant species into breeding to identify a single allele in a achieved in a conventional breeding the same or a crossable plant species, diploid line and then convert the program. To qualify for an exemption including (a) the targeted insertion or heterozygote to a homozygote in the based on occurrence in the gene pool, replacement of sequences exceeding 20 next generation. However, it is very the genetic change must be known to base pairs in length (e.g., the insertion difficult through conventional breeding occur. We do not intend the exemption or replacement or a promoter, to create the same allele in all to apply to limitless possibilities that terminator, exon, intron, or small open homoeologous genomes in polyploid are theoretically possible but not reading frame, excluding complete plants. Therefore, for polyploid plants, currently known to occur in the gene genes), (b) the targeted replacement of a the exemptions would initially apply pool. Consequently, the exemption in cisgenic allele (i.e., perfect allelic only to modifications made to one pair paragraph (b)(3) has been slightly replacement), (c) the targeted insertion of homologous chromosomes. As an modified for accuracy and clarity. of a cisgenic sequence at the same or a example, consider a change to a gene in Some commenters asked that the different location in the genome of the common wheat (bread wheat). Common exemption in paragraph (b)(3) be recipient species, and (d) the targeted wheat has three sets (AA BB DD) of expanded to include plants in which an insertion of a cisgene with a new homoeologous chromosomes. A allele has been modified to align with a combination of genetic elements, as developer can qualify for the exemption similar known allele found in a close plants containing such changes could if modifying the A genome through a relative, or in a more distant relative have occurred naturally or could result change that qualifies for exemption beyond the family level of taxonomy, or from conventional breeding since they (b)(1), (b)(2), or (b)(3). If the developer that we exempt plants containing any fall under exemption under paragraph wanted to make the same corresponding sequence from a plant that is known not (b)(3). A second commenter stated that changes to the B and D genomes, the to be a plant pest and is routinely used some genetic engineering experiments developer would go through the RSR for food. will replace promoters, altering gene process (as described below). Once APHIS considers the known and expression patterns in ways that are not APHIS determines that this A/B/D plant accessible gene pool of a plant to attainable by today’s breeders. is unlikely to pose an increased plant include not only genetic sequences that APHIS does not intend to modify the pest risk, it will go on the list of plant- can be introduced to a plant via crosses regulation text per the commenter’s trait-MOAs that do not require that can take place without human suggestion. Exemption under paragraph regulation (i.e., the § 340.1(c) exemption assistance, but also human-assisted (b)(3) will exempt from regulation list). At that point, this developer, and wide crosses between more distantly plants that have been modified to any others, would be able to make the related species. In systems for which introduce a gene known to occur in the same plant-trait-MOA combination and breeding techniques such as bridging plant’s gene pool, or that make changes be exempt from regulation under part and embryo rescue have been developed in a targeted sequence to correspond to 340. to enable wide crosses, more distantly a known allele of such a gene or to a Some commenters noted that the related plants are also considered part of known structural variation present in exemption in proposed § 340.1(b)(4), the known gene pool. APHIS agrees in the gene pool. Some of the examples i.e., the exemption of null segregants principle that exchange of genetic provided by the first commenter may derived from GE plants, is superfluous

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because the definition of genetic committee also suggests that for subject to distinct RSRs. In the example engineering applies only to organisms environmental risk regulatory oversight cited, the preamble was clear that non- whose DNA sequence has been should be designed to winnow the target impacts related to Cry proteins modified. potentially riskier transgenic crops from depend on whether the non-target insect APHIS agrees with these commenters. the less risky ones before a substantial has the correct receptor in its gut to bind According to our definition of genetic regulatory burden is imposed on the less the Cry protein; thus, for each new Cry engineering, the genome of null risky ones.’’ APHIS has designed a protein it will be important to evaluate segregants has not been created or system where organisms that pose a the potential for non-target impacts. modified. Therefore, null segregants do plausible plant pest risk are rapidly Similarly, the preamble provided an not need an exemption from regulation, distinguished from those that do not, example of RNA interference-based and APHIS is removing this exemption based on the RSR process described resistance, where it would be important from the final rule. below under the subheading to consider the specific target RNA and Some commenters stated that the ‘‘Regulatory Status Review,’’ focusing its corresponding protein in order to exemption in proposed § 340.1(c) for a regulation on the former. The exemption determine whether there could be non- GE plant with a plant-trait-MOA that we proposed in § 340.1(c) will target effects. Moreover, the regulatory combination that has previously apply only to those GE plants that have text and preamble were clear that it is undergone an analysis in accordance undergone a risk assessment in the RSR the specific plant-trait-MOA with § 340.4 and has been found by the process. The revised regulations are combination that is the subject of the Administrator to be unlikely to pose a proportionate to risk and are therefore RSR and decision. Developers could not plant pest risk should be eliminated. consistent with the recommendation of qualify for exemption under § 340.1(c) One commenter stated that the impact NAS’s study. by inserting any cry gene that encodes of releasing new GE plants into the Several comments were received on a protein targeting a broad order or environment cannot be accurately the definition and application of the orders of insects into a plant with any predicted or assessed without case-by- term MOA as it relates to the exemption other trait and MOA that was previously case analysis and controlled field in § 340.1(c). The issues raised by the reviewed by APHIS. experiments. Another commenter stated commenters are discussed in detail Another commenter stated that that every transformation event is below. reasonably broad MOA categories unique, and thus potentially has a novel Two commenters stated that the should be established that would cover phenotype that must be assessed to categories of trait (defined in the June broad protein functional classes, determine appropriate regulation. The 2019 proposed rule as ‘‘an observable account for all normal polymorphisms commenter further stated that the (able to be seen or otherwise identified) found in nature at the DNA and protein National Academy of Sciences (NAS) characteristic of an organism’’) and levels at the genus level, and account for has also advocated the use of genetic MOA (defined as ‘‘the biochemical the normal wide variation in expression engineering [i.e., transformation] as process(es) through which genetic seen among transgenic events and ‘‘both a useful and scientifically material determines a trait’’) could be backgrounds. An additional commenter justifiable regulatory trigger’’ because interpreted so broadly that new GE recommended that the definition of ‘‘there is no scientific basis’’ on which plants that have a plant-trait-MOA MOA refer to the biochemical to exclude GE organisms from combination similar to that of a process(es) through which the gene, regulatory review prior to evaluation of nonregulated plant, yet contain unique rather than the genetic material, data on the interactions between ‘‘trait, features with unknown impacts on non- determines a trait, stating that it is a organism and environment.’’ target organisms and the surrounding gene product and not the genetic APHIS disagrees with these points. ecosystem, would not require review by material that determines the resulting Based on the risk assessments we have APHIS. They stated that, for example, biochemical process. Finally, a performed in accordance with the the ‘‘Cry 6 protein MOA’’ could include commenter requested that the final rule petition process over 30 years, we have dozens of possibilities with unknown clarify which products would qualify determined that, in many cases, we effects, and that it could even be the for the exemption in § 340.1(c), noting would have been able to evaluate the case that APHIS review would not be that APHIS alternately used the terms plant pest risks associated with a GE required when any gene encoding a Cry ‘‘same’’ and ‘‘similar’’ to describe organism without field-test data. Rather, protein that targets broad orders of products that could qualify based on APHIS has discovered that the insect pests is inserted into a plant that their use of a crop-trait-MOA introduced trait of the GE organism had previously been engineered with combination that has already been provides the most reliable indicator of any other trait and had been found by assessed by APHIS and determined the organism’s potential for deleterious APHIS not to pose a plant pest risk. unlikely to pose a plant pest risk than effects on plants and plant products. APHIS disagrees with the suggestion the appropriate comparator(s). These observations are expected and are that the proposed definition of MOA is APHIS agrees that in most cases, the consistent with the findings of reports of too broad. The suggestion is based on a MOA could cover all normal NAS (NRC, 1989; NAS, 2016). APHIS misreading of the definitions and the polymorphisms of a gene found in will seek additional information, preamble of the June 2019 proposed nature, even at levels broader than the potentially including data from rule. As described in the preamble, the genus. For example, the outcome of an controlled field experiments, in cases MOA refers to the specific manner by RSR would apply to genetic material where APHIS identifies a plausible which the genetic modification confers encoding an enzyme that catalyzes a pathway to increased plant pest risk. the intended trait on the plant. We specific biochemical reaction regardless The same NAS study (NRC, 2002) noted that the same trait can be obtained of whether the genetic material is cited by the commenter stated the by different MOAs that would thus be sourced from a plant or a microbe, as following: ‘‘Transgenic organisms have long as the enzyme catalyzes the same potential environmental risks, but the 6 A Cry protein is a crystalline protein toxic to biochemical reaction regardless of the committee expects that most of them certain species of insects primarily produced by the organism from which the genetic bacterium Bacillus thuringiensis (Bt). Genes for Cry will not produce significant actual proteins have been widely used to confer resistance material encoding the enzyme is environmental risks. Consequently, the to insect pests in several types of crop plants. obtained, and does not catalyze any

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additional biochemical reactions that would make the comments actionable at To provide the clarity the commenters differ among the source organisms. this time, however. requested, we are amending paragraph APHIS does not agree that the MOA Several commenters asked that APHIS (c) to exempt from these regulations a would be so broad as to cover broad clarify the regulation of plants GE plant that has a plant-trait-MOA functional classes, since broad containing stacked traits. One combination contained in a GE plant functional classes could encompass commenter requested that APHIS codify determined by APHIS to be deregulated many different proteins that have in the regulations that plants developed under a petition submitted prior to multiple differences in the biochemical through conventional breeding that are October 1, 2021 pursuant to § 340.6 of processes in which they participate. derived from products determined to the current regulations in part 340. We Typically, an RSR would be conducted not be regulated (either because of an are also adding a new paragraph (d) to at the level of the MOA of individual exemption or as a result of an RSR) § 340.1, stating that all GE plants genes. If those genes when stacked would themselves be unlikely to pose determined not to require regulation produce a new phenotype, such as a increased plant pest risk and therefore pursuant to the AIR process will retain new biochemical pathway, APHIS will would not be subject to regulation. their nonregulated status under these consider the interaction of the gene Other commenters argued that APHIS regulations. products in the RSR. Regarding should assess the risks of stacked traits, As we have noted, APHIS will variation in expression, in most cases particularly plants containing multiple publish a list (referred to earlier in this APHIS anticipates that variation in herbicide resistance traits, using the document as the § 340.1(c) exemption expression should not affect the noxious weed authority. list) of plant-trait-MOA combinations outcome of an RSR. However, as we A discussion of our noxious weed that have been evaluated under our new noted in the preamble to the June 2019 authority in the context of these RSR process and found not to require proposed rule, there may be cases where regulations is presented later in this regulation under part 340. That list may it is important to consider where, when, document. be used by a developer to determine or at what level the genetic material is APHIS notes that in accordance with whether its novel GE plant would § 340.1(c), the regulations under part expressed in the plant. In those cases, qualify for exemption under § 340.1(c). 340 do not apply to a GE plant with a APHIS will specify whether and in what GE plants previously evaluated under plant-trait-MOA combination that has way variation in expression limits the the petition process will be included on previously undergone an analysis in outcome of the review. the § 340.1(c) exemption list because accordance with § 340.4 and is not APHIS will not revise the definition such plants will have effectively been subject to the regulations. APHIS notes evaluated at the MOA level and of MOA in response to these additional that the word ‘‘combination’’ used in comments, because some MOAs may determined not to pose a plant pest risk. the regulation text is deliberately Plants that have been determined not not involve changes in gene products enumerated as singular and not plural to require regulation pursuant to the but rather changes in genetic material in order to denote that the exemption previous AIR process will not be that affect the expression of gene applies to a single plant-trait-MOA included on the § 340.1(c) exemption products. As this discussion makes combination and not a molecular stack list because they will not have been clear, a plant-trait-MOA combination of multiple plant-trait-MOA evaluated at the MOA level or by may qualify for the exemption only if combinations. Plant-trait-MOA analogous criteria. Such plants will be the combination is the same as a combinations that have undergone an identified at a separate list, at https:// previously reviewed plant-trait-MOA analysis in accordance with § 340.4 and www.aphis.usda.gov/aphis/ourfocus/ combination that has been found to be are not subject to the regulations may be biotechnology. Because the plants to be unlikely to pose a plant pest risk. To be stacked by conventional breeding identified on this separate AIR list were clear, a merely ‘‘similar’’ combination methods and would still qualify for the not evaluated under the petition process does not qualify as a ‘‘same’’ exemption. However, this is not the case or under the RSR process, developers combination, but a ‘‘similar’’ product for plant-trait-MOAs stacked will not be able to use the AIR list in may qualify for the exemption if it has molecularly; today stacked traits determining whether new GE plants the same combination as a previously typically have independent MOAs. In they develop should be subject to or reviewed combination. the future, we anticipate seeing more exempt from the regulations. At the One commenter urged that in addition interactions between or among the same time, we have multiple reasons for to mutated products of genome editing, products of genes in molecular stacks, concluding that the specific plants on the concept of exemptions due to potentially including new MOAs that the AIR list should retain their familiarity should be broadened to were not evident in the review of nonregulated status under these include plants with transgenic traits that individual traits. For this reason, APHIS regulations. Not only do we lack a basis are familiar in type and inherently anticipates that plants that are the for overturning our prior individualized unlikely to give a significant advantage genetically engineered product of more determinations reached pursuant to the to wild plants. Examples would be than one previously evaluated AIR process, we also believe that it is sterility traits, stature reduction traits, combination will be subject to appropriate for us to take into account and quality traits relevant to industrial evaluation under § 340.4. In cases where the importance of preventing potential processing (e.g., modified lignin in there is no interaction between trait- market disruptions, including potential alfalfa and trees). According to the MOA combinations, we expect to be trade disruptions, and providing commenter, another class of strong able to use the results of previous regulatory certainty for developers, third candidates for plant kingdom-wide reviews to quickly reach a regulatory parties, and the general public. exemption are the widely used marker status determination. genes, such as nptII for kanamycin Finally, several commenters requested Self Determination resistance, T–DNA borders, and widely clarity on the regulatory status of plant- Under the June 2019 proposed rule, used promoters such as 35S and NOS. trait-MOA combinations that were developers would have the option to APHIS appreciates these comments. previously deregulated under part 340 determine whether their plants belong The commenter did not provide any or deemed to be not regulated under the to one of the categories listed under scientific evidence or explanation that ‘‘Am I Regulated’’ (AIR) process. § 340.1(b) or (c) and are therefore

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exempt from the regulations. As stated breeding do not pose additional plant and from other voluntary interactions in the preamble to that proposed rule, pest risk and should not be regulated and arrangements, and is not based on allowing for such ‘‘self-determinations’’ under these regulations. Products that USDA decisions on regulatory status. would provide developers with do not fall within the regulatory scope We also do not agree that the finding of regulatory relief and would open more of part 340 have not been subject to GE wheat in Washington fields is efficient and predictable pathways for compulsory regulation in the past, and relevant to the regulatory changes made innovators to get new modified plants developers have always been able to act in this final rule. Under the new that do not require regulation to market, accordingly to determine whether their regulations set forth in this final rule, in turn supporting further innovation. products are subject to the regulations. the GE wheat involved in the incident Eliminating the need for redundant It was further argued that allowing would not be eligible for an exemption evaluations of products would allow developers to determine the regulatory and would need to go through the RSR APHIS to devote more attention to status of their products will result in process. The commenters are generally assessing and regulating GE organisms less transparency and greater risk of confusing a fact-specific compliance that are likely to be associated with commingling with organic and other issue, which could arise under any potential plant pest risks. non-GE crops and will damage number of regulatory schemes, with While many commenters agreed with consumer confidence. Allowing broader questions about the appropriate the rationale discussed above and developers to determine the regulatory regulatory approach. If APHIS were to welcomed the regulatory relief that status of their products, it was claimed, find that a plant was unlikely to pose an allowing for developer ‘‘self- will result in an overall loss of increased plant pest risk, APHIS would determination’’ would provide, others transparency in that the public would make information publicly available either opposed the concept entirely or not have access to the data used by regarding the plant, trait, and a general expressed reservations. Many in the developers to make their description of the MOA. In cases where latter category cited what they believed determinations. Organic farmers would GE crops are not subject to regulation to be potential risks that could result have less information about modified because they are unlikely to pose a plant from allowing developers to determine crops grown near their fields than they pest risk, no other risks are regulated by whether their products are eligible for do now, because the information that APHIS insofar as they are outside the exemption from the regulations. Some informed developers’ determinations scope of the regulations. industry commenters questioned would remain proprietary, and their In the preamble to the June 2019 whether allowing developers to make ability to take preventive measures proposed rule, we stated that a such determinations would actually would be hindered. Some commenters developer who made a determination of relieve regulatory burden and cited the recent finding in Washington regulatory status that APHIS found not incentivize innovation to the extent that of unapproved GE glyphosate-resistant to be valid would be subject to remedial we anticipated. The comments are wheat 7 as an example of risks posed by measures or penalties in accordance discussed in detail in the paragraphs allowing developers to determine with the compliance and enforcement that follow. whether their products are eligible for provisions contained in § 340.6 of the Many commenters opposed ‘‘self- exemption and by reducing our June 2019 proposed rule. determination’’ on the ground that regulatory oversight over GE products Some commenters stated that there is allowing developers to regulate more broadly. a need for a plan for detection and themselves could result in conflicts of We do not agree with these enforcement in cases where developers interest. It was stated that developers of comments. With regard to transparency, incorrectly determine their products to GE products with a financial stake in we anticipate that many developers be non-regulated, or where changes in the outcome should not be allowed to whose products fall within an evidence may call a developer’s determine which products should be exemption will request confirmation determination into question. Without a subject to regulatory review. According letters because the letters will help them record of what plants are being released, to these commenters, such an approach market their products domestically and according to these commenters, it will would fatally undermine the integrity, overseas. Those letters will be posted on be impossible to conduct any kind of periodic surveillance or audit to ensure rigor, and credibility of what must be an the APHIS website and will be available independent regulatory process, compliance. These commenters believe to the general public, including organic weakening Agency ability to protect the that this difficulty may be partly and other growers of non-GE crops. public interest, and furthering mistrust addressed by having a compulsory Information from previous RSRs will in the U.S. Federal regulatory system in reporting mechanism whereby a also be available to the public. We do the public’s eye and among key trading responsible party fills out a form to not agree that self-determinations will partners. By avoiding the RSR or declare its modification and assert its limit organic growers from learning permitting process, these commenters exempt status. This would create a whether their neighbors are growing GE believed, the developer could get its searchable record. According to such crops. This information principally new product to market without its ever commenters, a database compiled from comes from conversation with neighbors having undergone an objective, third- self-reported data would not offer party review. In allowing developers to complete protection against bad actors, 7 On June 7, 2019, APHIS confirmed the determine whether their products are discovery of GE wheat plants growing in an but when combined with penalties that eligible for exemption, according to unplanted agricultural field in Washington State. are proportional to the degree of harm these commenters, we are effectively The GE wheat in question was resistant to done by a developer incorrectly making abdicating our regulatory authority and glyphosate, commonly referred to as Round Up. On a determination, such a database may July 12, 2019, APHIS announced that the GE wheat not carrying out our mission to protect plants in question were developed by Monsanto aid in correcting incorrect U.S. agriculture. (now owned by Bayer CropScience (BCS)) and determinations by developers. We do not agree with these referred to as MON 71300 and MON 71800. APHIS APHIS disagrees with the proposal for comments. The revised regulations in also announced that there is no evidence that any a mandatory process and the data base GE wheat entered commerce or is in the food part 340 recognize that plant products supply. https://www.aphis.usda.gov/aphis/ proposals associated with it and has that are the result of modifications that ourfocus/biotechnology/brs-news-andinformation/ instead included provisions in part 340 coincide with conventional plant 2019_brs_news/wheat_update_jul2019. for a voluntary confirmation process for

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products exempted from the regulation. of the PPA, APHIS may seize, penalties must be proportional to that Voluntary confirmation will be public quarantine, treat, destroy, or apply other harm. information, however, and interested remedial measures to an organism We agree that penalties must be parties could search for it of their own covered under the regulations that is proportional to the severity of violations volition. new to or not widely prevalent or and the harms that may result from Under APHIS’s long-standing distributed in the United States to them, and we will enforce the regulations, APHIS regulates articles prevent dissemination of the organism. regulations accordingly. Furthermore, based only upon a narrow and limited Enforcement provisions are also the harms must fall within the harms plant pest mechanism. The products included in § 340.6 of this rule. APHIS considered under the PPA. Congress has that commenters are concerned will be has many years of experience in outlined the factors for consideration in ‘‘missed’’ or ‘‘overlooked’’ in the initiating and coordinating enforcement assessing penalties under the PPA. ‘‘future’’ have no current regulatory action as appropriate, in cases where These factors include ‘‘the nature, trigger. Under this rule, APHIS’ focus compliance issues exist. circumstance, extent, and gravity of the will be on plant pest risk associated Even in cases where we would violation or violations,’’ as well as the with the product, consistent with our impose penalties for invalid violator’s ability to pay, the effect of the legal authority. Consistent with long- determinations by developers, some penalties on the violator’s ability to standing practices, we will continue to commenters expressed skepticism that continue to do business, and any history offer voluntary confirmation of those penalties would be efficacious in of prior violations. (See 7 U.S.C. 7734.) regulatory status to those who seek it. remediating harm or preventing further In the preamble to the June 2019 APHIS agrees with comments harm. In the view of these commenters, proposed rule, we stated that one of the expressing concern that a mandatory if the movement or release of a GE benefits of ‘‘self-determination’’ is that it process may trigger confusion among product that had already reached the would enable APHIS to focus its both consumers and the international market based on a faulty determination regulatory resources and risk analyses trading partners, by unnecessarily by a developer resulted in commingling on unfamiliar products and thereby to hindering global acceptance of products with other crops or the dissemination of avoid conducting repetitive analyses on of biotechnology. That said, if the plant pests, whatever penalties or GE products that are very similar to market demands confirmation of remedial actions APHIS would impose those that we have already evaluated for regulatory status, APHIS has created a would likely neither prove adequate to regulatory status. APHIS would thus be mechanism for developers to request address injuries to innocent parties nor able to utilize its staff time more such confirmation, and for us to provide provide sufficient disincentives to efficiently, and provide better it. discourage bad actors from making stewardship of taxpayer dollars than it APHIS also notes that a large number invalid determinations. Elaborating on could under the existing regulations. of commenters supported the kind of the latter point, one commenter stated One commenter viewed allowing voluntary confirmation process that penalties imposed by APHIS after developer-made determinations as contained in this final rule for the fact may not even be legally evading APHIS’ regulatory regulatory exemptions, noting public defensible if we have allowed a responsibilities rather than enabling access to the confirmation letters. Those developer to determine whether its APHIS to use its resources more comments noted that a voluntary product is eligible for exemption. efficiently. The commenter stated that if process would provide domestic and Another commenter stated that APHIS, GE developers are concerned about international transparency, be beneficial lacking a post-commercialization delays in getting their products to for marketing of new products, support monitoring program, has little capacity market because, in their view, APHIS deregulation processes in other to recall the products of invalid does not have sufficient resources to countries, facilitate exports, facilitate determinations by developers. conduct all reviews in a timely manner, the development of new genome edited We do not agree with these then those developers should lobby plant varieties, encourage the continued comments. In the event that APHIS Congress to provide more funding to domestic and global adoption of new discovers that a developer makes an enable APHIS to perform its duties in a traits, and enhance harmonization of invalid determination, the specific more timely manner, as opposed to global trait approvals. penalties and/or remedial action will be having APHIS reduce its oversight role. If a plant pest issue arises from a plant applied case by case, as appropriate. APHIS disagrees with this comment. that is exempt from these regulations, Similarly, whether the discovery of an The plants that qualify for exemption APHIS has mechanisms to address such invalid determination is too late will under part 340 fall into three categories: risks subsequently and has a wealth of also be decided on a case-by-case basis. (1) Those that could otherwise have experience in dealing with such In regard to legal defensibility, the PPA been developed through conventional instances. As under the current provides ample flexibility and broad breeding methods and have a history of regulations, a developer could civil penalty authority to deter safe use related to plant pest risk that knowingly or unknowingly violate violations of the PPA. For example, the does not require regulation (§ 340.1(b)(1) APHIS regulations by transporting, PPA provides statutory maximum through (3)); (2) those that have the importing, or releasing into the penalties of $1,000,000 per violation for same plant-trait-MOA combination as environment a regulated plant without any person who willfully violates the other plants that have already been APHIS authorization. The PPA contains PPA. evaluated by APHIS and have been authority for the Administrator of Other commenters feared that the found to be not subject to the APHIS at any point to place such penalties could be excessive. It was regulations (§ 340.1(c)); or (3) those articles under regulation. If a stated that any such penalty applied to determined to be not subject to the determination made by a developer a developer must be based on a regulations under the AIR process. It should be found to be invalid, however, demonstration of significant economic should be noted that plants that qualify APHIS does have the authority to harm to another entity from the error, for exemption under § 340.1(c) are very enforce sanctions. As noted in the and not on technical or minor errors in similar to plants that have been preamble to the June 2019 proposed interpretation. The commenters further evaluated previously by APHIS. APHIS rule, pursuant to sections 7714 and 7731 stated that in such situations, the can utilize its resources most efficiently

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by evaluating GE plants that do not fall not seeking confirmation letters, no regulations. Most commenters who into these categories and therefore may submission of information to APHIS is provided specific timeframes for pose a level of plant pest risk that required, nor is any response from confirmation requests suggested that requires regulation. APHIS. Guidelines for the information APHIS should respond to such requests Many other commenters expressed that would need to be submitted to within 60 days. It was further suggested skepticism from an opposing enable APHIS to respond to a request for that to provide developers with perspective about the efficacy of confirmation are discussed below under additional guidance for making allowing developers to determine this same subheading of comment determinations, APHIS should maintain whether their products are eligible for responses. a database of products that have exemption. These commenters doubted Some commenters expressed doubt undergone RSRs and been found not to that such ‘‘self-determination’’ would that developers would even be able to be subject to the regulations. provide the regulatory relief that we employ the ‘‘self-determination’’ option APHIS has had a longstanding claimed in the preamble to the June due to what they perceived as a lack of practice of providing guidance to aid the 2019 proposed rule. One reason given clarity surrounding it. It was stated that regulated community in complying with was that most developers would seek decisions on a product’s regulatory the regulations. APHIS will provide certification or confirmation from status would be based on APHIS’ guidance to developers regarding the APHIS that their determinations were assessment of plant pest risk, but that confirmation process. We will also valid, given the possible liabilities because APHIS would define plant pest maintain on our website requests for associated with making incorrect risk and because APHIS did not provide and results of RSRs. That information determinations. Such certification a list of traits for identification of a plant will aid developers in making their would therefore become a de facto pest in the proposed rule, a developer determinations. requirement. One commenter expressed would lack the guidance to make a Regarding timeframes, in the the concern that in order to receive such determination safely. preamble to the proposed rule, APHIS confirmation, developers would need to APHIS disagrees with this comment. noted that we anticipate a timely provide the information described in This rule clearly outlines the kinds of turnaround time in providing proposed § 340.4, which contains information needed to successfully confirmation letters. APHIS agrees that navigate the APHIS regulatory system, information requirements for RSRs. It providing a more specific timeframe for as well as the protection goals and was further suggested that while responses to confirmation requests criteria that APHIS will consider as part academics, startups, and small would improve predictability. Based on of this process. Plants that meet the developers could see some benefit from our experience with the current AIR exemptions listed under § 340.1 will not ‘‘self-determination,’’ companies with process, which is functionally similar to require regulatory oversight under the existing portfolios of GE crops will be in the confirmation process, APHIS has regulations in part 340. The exemptions a better position to benefit. amended § 340.1(e) by adding a in § 340.1(b) are based not on the trait, We do not agree with these sentence indicating that, except in but on whether the plant could have comments. If innovators choose to forgo unforeseen circumstances, written the regulatory relief provisions offered otherwise been produced through conventional plant breeding techniques. responses will be provided within 120 by our revision of the regulations in part days of receiving a confirmation request 340 for any reason, they are welcome to The exemption in § 340.1(c) is based on whether the plant-trait-MOA containing sufficient detail to determine do so. In this final rule, APHIS focuses whether the plant meets one of the on plant protection, while also easing combination is the same as one that APHIS has previously determined to be exemptions in § 340.1. regulatory burdens. Accordingly, we One commenter stated that the type of also aim to be responsive to repeated nonregulated. APHIS will publish a list of such combinations, which developers information provided to APHIS by concerns raised by small businesses, may use in determining whether their developers should be a description of academic-based researchers, and other GE plants qualify for exemption under the crop and the justification for innovators who have reported past § 340.1(c). As more GE plants undergo meeting the exclusion, which would be difficulty successfully seeing products RSRs to determine their regulatory similar to the information submitted for through to commercialization. The status, that list will grow. A list of traits the ‘‘Am I Regulated’’ Process. approach APHIS has taken is fully for identification of a plant pest is not APHIS agrees with the sentiment consistent with the priorities and needed in order for developers to expressed in this comment and is direction provided by Executive Order determine whether their products meet therefore setting out guidelines for 13874, which we have discussed earlier. one of these exemptions in § 340.1(b) or parties requesting confirmations to In § 340.1(d) 8 of the June 2019 (c). submit to APHIS in support of their proposed rule, we indicated that Several commenters recommended requests. The guidelines are listed developers may request confirmation that we provide more certainty about below and will also be posted on the from APHIS that the plant is not within the process by issuing guidance APHIS website at https:// the scope of the regulations in part 340. documents to aid developers in making www.aphis.usda.gov/aphis/ourfocus/ A developer may find a confirmation their determinations. Such documents, biotechnology. In addition, developers letter useful in marketing its products it was stated, could include, among who have specific concerns may consult domestically or overseas because the other things, information requirements with APHIS. letter would serve as verification to an and timelines, including timelines for In communications with APHIS importing country or other party that APHIS responses to requests for requesting confirmation of exemption APHIS concurs with the developer’s confirmation. Many commenters stated from the regulations, requestors will be determination. Confirmation is not that, in general, defined timeframes for expected to submit the following: required, however, and for developers APHIS regulatory actions are important 1. A description of the plant, trait(s), to improve predictability and to support and modification(s). 8 Due to the addition of a new paragraph (d) in 2. A clear statement of which § 340.1, as described earlier, provisions related to the planning needed to conduct confirmation letters are contained in § 340.1(e) of seasonally based field research, and regulatory exemption the biotechnology this final rule. therefore should be included in the developer is claiming for the plant and

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why the plant qualifies for that mechanism to impose such a could be claimed in the request for exemption. requirement, a mandatory process confirmation submitted to APHIS, and a 3. Details about the scientific method would likely trigger the emergence of non-CBI version of the submission used to validate that the plant met the trade concerns, as products that are could be made publicly available. exemption criterion. scientifically justified to be exempt In the interest of transparency, APHIS APHIS expects that the description of would also appear on lists of GE will post the confirmation letters online. the plant will include both the scientific organisms–essentially creating a third APHIS notes, however, that and common names. The trait category of products that are required to confirmation letters are subject to claims information should include a be listed but are otherwise exempt from of CBI and will proceed in description of the intended and any regulation (in addition to two other implementation of such posting in observed phenotype(s) of the plant. categories: (1) Organisms that were accordance with all applicable laws and Details about the modification(s) must subject to RSR and determined not to be procedures. In accordance with USDA provide APHIS with a clear regulated by APHIS, and (2) regulated regulations, 7 CFR 1.8(a) through (c), a understanding of the genetic change in organisms). APHIS further notes that a submitter of confidential commercial the plant. In the case of § 340.1(c) mandatory process would likely information must use good-faith efforts exemptions, requestors must submit the disadvantage the very small-scale, mid- to designate, at the time of submission, MOA. size, and university researchers and any portion of its submission that it Many commenters advocated that we innovators that the rule was intended to considers to be protected from establish a mandatory process for aid. Lastly, APHIS notes that the disclosure under Exemption 4 of the developers to notify APHIS of their proposal for a mandatory confirmation Freedom of Information Act (FOIA) (5 determinations and for APHIS to issue provides no added benefit in plant U.S.C. 552). When making discretionary confirmations. (We would note here, protection. releases of records, as is the case with however, that there was considerable Some of the commenters who favored the posting of the confirmation letters divergence of opinion on this issue, a formal or mandatory confirmation online, APHIS follows the FOIA, USDA, with 25 commenters expressing support process did so because they questioned and APHIS implementing regulations (7 for maintaining a voluntary the utility of a voluntary process. It was CFR subpart A and 7 CFR 370.5, confirmation process.) Some stated that an APHIS confirmation that respectively), and guidance from the commenters requested that confirmation a determination made by a developer is U.S. Department of Justice’s Office of be mandatory for all determinations valid, as provided for in the June 2019 Information Policy relating to the made by developers, while others stated proposed rule, will be a formulaic letter handling of confidential business that confirmation should be mandatory without an accompanying risk information. only for developer-made determinations assessment. Some trading partners may Finally, there were a few comments of products that will be commercialized. not view such confirmation letters as on proposed § 340.1 that did not fall Many requested that the process be sufficient to meet their own into any of the categories discussed streamlined and include information requirements for admission of U.S. GE above. and self-reporting requirements and products. It was stated that to keep One commenter suggested that the timelines. It was recommended by some export markets running smoothly, exemptions should focus on plant commenters that developers be required industry needs an official U.S. species, not variety, as well as the to provide notice to APHIS 90 days attestation that the new traits do not purpose and type of application of before putting a product on the market. pose a plant pest risk. genome editing. The commenter stated We will not be making any changes to We do not agree with these that genome editing can be used both to this final rule in response to these comments. The confirmation letters will produce or improve on a specific comments. The confirmation process state that the product in question meets characteristic or phenotype, such as by laid out in the June 2019 proposed rule a regulatory exemption or has a plant- silencing a disease sensitive gene, and was voluntary, and switching over to a trait-MOA combination that has already to improve existing breeding processes ‘‘mandatory’’ confirmation and/or been reviewed by APHIS. APHIS themselves, such as by using gene notification process in this final rule currently works with, and is committed editing to more efficiently induce would run counter to the spirit of to continuing to work with, double haploids. regulatory relief underlying our new international trading partners and The ‘‘purpose and type of application regulatory framework. A voluntary exporters to resolve trade concerns. of genome editing’’ is just another way confirmation process allows the market International trade issues are discussed of describing the plant-trait-MOA to drive the demand for new plants, in greater detail later in this document. combination. In the example given avoids codifying a process that may Some commenters addressed the issue above where genome editing is used to grow antiquated as technology develops, of whether, or how much, information improve an existing breeding process by provides developers with a method to pertaining to determinations made by more efficiently inducing double obtain confirmation that their products developers and APHIS confirmations haploids, genomic modifications will be are in fact exempt from the regulations, should be made public. Some made to a specific plant, with a specific and avoids differential treatment for commenters, citing the need for trait, having a specific MOA. Recently a genome-edited products that are transparency and certainty, widely used haploid inducer in corn otherwise equivalent to conventionally recommended that we post confirmation was identified to be a defective allele bred and/or developed products. inquiries and confirmation letters on (matL) of the gene named Matrilineal Commenters did not persuasively our website. Others, however, thought (Kelleher, 2017). A haploid induction explain how developers of products that that such information should be treated trait was shown to work in rice by are not subject to the regulations could as confidential business information genome editing the matL allele (Yao, be compelled to comply with a (CBI) and therefore not be made 2018). APHIS considers this new requirement for mandatory participation publicly available. One commenter process to be an example of a plant in a confirmation process. APHIS notes suggested that we use a process similar (rice), trait (haploid induction), MOA that even if the commenters had to that of the existing ‘‘Am I Regulated’’ (defective pollen specific provided a sufficient regulatory process, under which CBI exemptions phospholipase) combination. Upon

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completion of an RSR for this plant trait Currently, the Agency responds to the scope of this rulemaking and APHIS’s MOA combination, the § 340.1(c) developers’ questions about whether a statutory authority under the PPA. exemption would apply to all varieties specific GE organism, including a non- Commingling between GE and non-GE of rice, not just the variety it was plant organism, is subject to the crops is generally a market issue introduced into. regulations. APHIS will continue that unrelated to plant pest risk. Herbicide Another commenter thought that practice after this final rule becomes use is regulated by EPA, not USDA, so there was a possible conflict between effective. is not within the scope of this §§ 340.1(c) and 340.2(a). The latter Scope of the Regulations regulation. The basis for the paragraph of the proposed rule stated commenter’s claim that GE crops result that a plant with a plant-trait-MOA Section 340.2 of the June 2019 in habitat destruction is not clear; combination that has not been evaluated proposed rule delineated the scope of however, we note that APHIS does not by APHIS for regulatory status in the regulations. We proposed to regulate farming practices. USDA’s accordance with § 340.4 would have to regulate, i.e., require a permit for the National Resources Conservation move under permit. According to the movement of, any GE organism that: Service does have incentive programs to commenter, the conflict arises because 1. Is a plant that has a plant-trait- promote more sustainable farming. The products we would allow to move MOA combination that has not been current rule includes an RSR process without permits based on developers’ subject to RSR; or that considers, as appropriate, impacts determinations would not have been 2. Meets our proposed definition of a (if any) of a GE crop on populations of evaluated by APHIS. plant pest; or beneficial insects and other non-target 3. Is not a plant but has received We do not see such a conflict. When organisms beneficial to agriculture. deoxyribonucleic acid (DNA) from a a developer determines that a GE plant Some commenters questioned the falls under § 340.1(c), it is not subject to plant pest, and the DNA from the donor organism either is capable of producing scientific justifications for the above the regulations in part 340 and therefore listed categories of GE organisms that does not require a permit for movement. an infectious agent that causes plant would fall under the regulations. It was We are making an editorial change to disease or encodes a compound that is stated that APHIS needs to re-cast its § 340.2(a), however, to clarify that a GE capable of causing plant disease; or entire proposal and frame it around the plant will be subject to the regulations: 4. Is a microorganism used to control identification of the characteristics of (1) If it has not undergone an RSR in plant pests or an invertebrate predator the organism or phenotypes of concern accordance with § 340.4; or (2) if it has or parasite (parasitoid) used to control for which a plausible case can be made, undergone an RSR and, as a result of the invertebrate plant pests and could pose based not on speculation but data and evaluation, is subject to the regulations. a plant pest risk. experience, that they present an Such GE plants will require permits for As was the case with the proposed unreasonable risk to American movement. exemptions, commenters expressed a One commenter stated that by wide range of views regarding the scope agriculture. It was further argued that allowing developers to determine of the proposed regulations. While some there is no scientific justification for whether their products are eligible for supported our overall approach, others regulating by plant-trait-MOA instead of exemption, we would not be in expressed the view that the proposed phenotype associated with the trait. compliance with the requirement of the rule would either narrow or broaden our In order for the regulations under part Cartagena Protocol on Biosafety that regulatory oversight excessively. 340 to enable future innovation while countries list all GE organisms released Some commenters who favored a simultaneously protecting American into the environment in the Biosafety broader scope stated that a regulatory agriculture from potential risks to plant Clearing House. approach that provides for regulations health, it is vital that the regulations be APHIS notes this comment, and of only those GE organisms that are prospective rather than retrospective, wishes to clarify that the United States plant pests or pose a plant pest risk is while being appropriately tailored to is not a signatory to the Cartagena too narrow. Such an approach, it was risk. A regulation that enumerated Protocol on Biosafety. APHIS also notes stated, isolates the GE organism from specific phenotypes that APHIS is that Article 3 of the Cartagena Protocol the environment in which it is used and concerned with would not only be on Biosafety does not reference ‘‘GE the process by which it is developed, impractical, since a phenotype may be organisms.’’ Instead, Article 3 (g) states thereby impeding science-based risk of concern in one plant species but not that ‘‘living modified organism means assessment. According to these in another (including depending on any living organism that possesses a commenters, other hazards potentially whether the plant has sexually novel combination of genetic material associated with GE organisms and not compatible relatives, an attribute obtained through the use of modern accounted for in the June 2019 proposed important for considering the biotechnology.’’ Many international rule need to be addressed. Some distribution of a phenotype introduced efforts are underway to align regulatory concepts discussed in these submissions into a plant), but would become approaches and to seek compatibility for included the increased potential for immediately obsolete upon issuance. As emerging technologies that were not in commingling with non-GE crops; the articulated clearly in numerous studies, existence when existing policies were potential for contributing to the creation including those by the National developed. of herbicide-resistant weeds; pesticide Academy of Sciences, no entity has the Two commenters requested that overuse; habitat destruction; reductions foresight to identify only those APHIS develop and issue guidance for in insect populations; and increased phenotypes that present concerns developers of non-plant GE organisms to herbicide use, which, according to the decades into the future. Moreover, the give them an opportunity to determine commenters, has been associated with MOA utilized by the developer matters for themselves whether their products GE crops and may have additional when determining if there is a plant pest are subject to the regulations and to deleterious effects on the environment risk. The same intended phenotype can apply to APHIS for confirmation of and on human health. result from multiple different MOAs, regulatory status. While we recognize commenters’ but each MOA may differ in other APHIS does not agree that such a new interests in addressing these concerns, phenotypes and thus may differ in their process needs to be developed. many of these comments are outside the ability to present a plant pest risk and

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in the types of plant pest risk they may regulation if they are not plant pests organisms, it is consistent with APHIS’ present. themselves or do not pose a plant pest authority under the PPA to prohibit or APHIS thus does not consider the risk. One commenter stated that there restrict its release. To the extent that we approach of regulating solely by appears to be a conflict between do not know whether a GE biological phenotype to be feasible. Instead, § 340.2(d) and EPA’s regulatory control organism is sufficiently specific APHIS has articulated a regulatory authority under the Federal Insecticide, to avoid harming beneficial non-target approach that is adaptable to future Fungicide, and Rodenticide Act for organisms, it is also prudent for us to innovation and continues to protect microbial pesticides. The commenter place regulatory controls on the against risk, even in cases where it is further stated that the intent of the PPA movement and release of the GE not possible to envision the kinds of for biological control organisms is to biological control organism until the products being developed in the future. facilitate their development, but that impacts on beneficial non-target In particular, we have developed the APHIS is proposing to require organisms and any resulting direct or RSR process in order to determine, additional regulatory requirements indirect plant pest effects are better based on scientific knowledge and without indicating a need for these extra understood. In addition, we will exempt information, if a GE plant contains a requirements in terms of protecting biological control organism-containing plant-trait-MOA combination that could against plant pests. microbial pesticide products that are plausibly present an increased plant We agree with the first comment (i.e., currently registered with EPA as pest risk than the appropriate that organisms and microorganisms microbial pesticide products that are not comparator plant(s). We will regulate a used to control plant pests should not plant pests. GE plant only when we identify and are require regulation if they are not plant unable to rule out a plausible pathway Definitions pests themselves or do not pose a plant to increased plant pest risk. In this way, In this final rule, we have revised the pest risk), and this rulemaking does not when sufficient data and experience are definition of article to provide greater provide for the regulation of biological lacking to rule out a plausible risk clarity. The definition in the June 2019 control organisms if they are not plant identified by APHIS, we have a proposed rule was drawn from that pests themselves or do not pose a plant mechanism to acquire more information provided in the PPA. However, while pest risk. As we noted in the preamble to test the specific plausible risk the PPA indicates that an article may be to the June 2019 proposed rule, ‘‘GE hypothesis before decision making. an object that could harbor noxious The risk-based system APHIS has non-plant organisms that do not pose a weeds, upon review of the provisions of developed in part 340 appropriately plant pest risk would not fall under the the proposed rule, we have determined provides entrance for genetically scope of the regulations and therefore that it is not appropriate to consider engineered organisms into the would not require permits for such an object an article under these regulatory framework and provides movement.’’ We disagree with the revised part 340 regulations. The appropriate off-ramps from regulation remaining comments. As we noted in proposed definition could have been for those products that do not pose plant the preamble to the proposed rule, interpreted to suggest that APHIS pest risks. Conversely, a narrowly while biological control organisms are intends to regulate GE organisms, and focused characterization of an intended generally not plant pests, some require permits for their movement, phenotype, regardless of the plant biological control organisms could be under the revised regulations based species or MOA by which the plant pests because their potential solely on their noxious weed potential. phenotype is conferred, would not effects on organisms beneficial to As discussed elsewhere in this provide a sound scientific basis for an agriculture could indirectly affect plant document, however, this is inconsistent entire regulatory program. Many health. The PPA provides the authority with APHIS’ intent. The revised commenters expressed support for our to regulate such biological control definition reads as follows: ‘‘[a]ny scientific and risk-based regulatory organisms used to control plant pests to material or tangible object that could process that evaluates plants based on ensure that they do not pose a plant pest harbor plant pests.’’ their plant-trait-MOA combination. risk. As with non-GE biological control A commenter stated that we need to A commenter stated that the organisms, the types of GE biological define environment, because movement restriction in § 340.2(c) covering a non- control organisms that APHIS would under permit includes release into the plant GE organism that has received regulate include organisms that could environment. Environment was defined DNA from a plant pest is unclear and pose a plant pest risk by lacking in the proposed rule, however, and we lacking in scientific justification. The sufficient specificity for the target pest are retaining that definition in this final commenter questioned whether and thereby harming beneficial non- rule. receiving DNA from a plant pest would target organisms, such as other In the June 2019 proposed rule, we likely make the recipient into a plant invertebrate predators or parasites defined environment as ‘‘[a]ll the land, pest. (parasitoids), pollinators, or microbes air, and water; and all living organisms The commenter misconstrues that promote plant health. Because in association with land, air, and § 340.2(c), which states that non-plant biological control organisms are almost water.’’ We are retaining that proposed GE organisms that receive DNA from a always intended for eventual release definition without modification in this plant pest will be regulated if that DNA into the environment, it is not sufficient final rule. is capable of producing an infectious for us to consider only their use in Numerous commenters stated that the agent that causes plant disease or if the controlling their target plant pest. We proposed definition of genetic DNA encodes a compound that is must also take into consideration the engineering requires greater clarity. capable of causing plant disease. Such indirect plant pest risks that the Several commenters asked APHIS to non-plant GE organisms could pose a organism may pose due to harmful clarify that ‘‘synthetic’’ nucleic acids, plant pest risk, justifying their impacts on non-target organisms that are for the purposes of this regulation, are regulation under part 340. beneficial to agriculture (e.g., harm to those that are non-naturally occurring. Some commenters stated that natural enemies of plant pests). If the GE Some commenters requested that APHIS organisms and microorganisms used to organism is known to have harmful clarify what is meant by both control plant pests should not require impacts on beneficial non-target ‘‘recombinant’’ and ‘‘synthetic’’ nucleic

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acids and cited the definitions and sequence of DNA. Epigenetic a confusing characterization of exemptions in the National Institutes of engineering differs from genetic techniques of biotechnology. Health (NIH) Guidelines for Research engineering in that the former merely A couple of commenters stated that Involving Recombinant or Synthetic adjusts the innate potential of the the proposed rule lacked a definition of Nucleic Acid Molecules’’ (https:// genome of an existing organism, natural gene pool and a discussion of its osp.od.nih.gov/wp-content/uploads/ whereas genetic engineering has the relevance in terms of safety. NIH_Guidelines.pdf). One commenter potential to create organisms that could The term was used in the regulatory stated that they understood the term not exist but for the technology. text in § 340.1(b)(3). As discussed above, ‘‘synthetic nucleic acid’’ to refer to a Some commenters recommended that we have removed ‘‘natural’’ from that sequence that was created ‘‘new from we add a definition of genetically paragraph. We discussed the relevance scratch,’’ and not to a plant’s nucleic engineered organism to provide greater of exemption under paragraph (b)(3) to acid sequence that was modified. clarity relating to which organisms plant pest risk above. We are, however, APHIS does not agree that the term would be regulated. The following adding a definition of the term gene ‘‘recombinant’’ requires further language was a suggested definition: pool to the regulations in this final rule definition in these regulations. After ‘‘An organism developed using genetic in response to these comments. Gene nearly half a century of research and engineering, excluding those offspring pool is defined as germplasm within development involving recombinant that do not retain the genetic which sexual recombination is possible nucleic acids, the term ‘‘recombinant modification of the parent. For the as a result of hybridization, including nucleic acids’’ is well understood. The purposes of this part, a plant will not be via methods such as embryo culture or definition that APHIS proposed was considered a genetically engineered bridging crosses. based on the definition of ‘‘recombinant organism if it meets any of the criteria One commenter viewed our proposed and synthetic nucleic acids’’ contained outlined in § 340.1(b)(1)(3).’’ definition of person as potentially in Section I–B of the NIH Guidelines. We do not agree with this comment. problematic in that it could open APHIS Accordingly, by ‘‘synthetic’’ nucleic At the forefront, the SECURE rule to legal challenges. The commenter acids we mean nucleic acids that are establishes clear exemptions for expressed concern that because the chemically or by other means products that are not subject to definition includes not only synthesized or amplified, including regulatory oversight under part 340, individuals, business entities, and those that are chemically or otherwise and, thereafter, sets forth definitions for associations but also any other modified but can base pair with genetic engineering and for organism. ‘‘organized group,’’ the argument could naturally occurring nucleic acid Although we are able to offer regulatory be made that APHIS falls under the molecules. Such nucleic acids are not relief in part 340 by excluding those definition. If so, according to the limited to those that are non-naturally products of biotechnology that mimic commenter, there might be the occurring. They could also include what can be achieved though plant possibility of a conflict if decisions nucleic acids with sequences identical breeding, APHIS has not, in this under these regulations are taken by the to those that are naturally occurring, but rulemaking or prior rulemakings Administrator of APHIS. The which have been synthesized or involving part 340, taken the position commenter requested clarification on amplified, rather than constructed by that genome editing does not constitute this issue. joining nucleic acid molecules (nucleic genetic engineering. Taking such a The definition of person would apply acids that have been so constructed are position would be inconsistent with the to individuals or entities regulated by recombinant nucleic acids). APHIS generally accepted scientific APHIS, including APHIS. Under the agrees that greater clarity regarding the characterization of genome editing law, a company is an entity that is term ‘‘synthetic’’ would provide technology (Knott and Doudna, 2018). recognized as a legal person that exists developers and other stakeholders with While some commenters have asked independently, with rights and a clearer picture of the products that are APHIS to revisit its proposed definition liabilities. APHIS has, in the past, included within the scope of the of ‘‘genetically engineered organism’’ issued itself permits in conjunction with regulations. Therefore, we are changing from the 2017 proposed rule involving enforcement of the regulations so that the definition of ‘‘genetic engineering’’ part 340, even in that rulemaking APHIS plant products could move legally to ‘‘techniques that use recombinant, did not take the position that genome across state lines. This practice is not synthesized, or amplified nucleic acids editing was outside the scope of genetic inconsistent with the PPA or with the to modify or create a genome.’’ This engineering. Instead, APHIS explained prior or new regulations. Therefore, change is consistent with the objectives it was defining ‘‘genetically engineered regulation by APHIS under part 340 will of the Coordinated Framework, in that organism’’ for the purpose of not create conflict or otherwise be it aligns our usage of the term establishing regulatory exemptions from adversely impacted. ‘‘synthetic’’ with that of the NIH. part 340, including exemptions for A commenter stated that the proposed One commenter believes that the certain organisms created using definition of plant pest is too broad and definition for genetic engineering techniques that fall within the scope of could be construed to cover model should include changes to the genetic engineering, as follows: APHIS organisms, such as Drosophila epigenome. ‘‘would also exclude, from its definition melanogaster, that do not have APHIS does not agree. Epigenetic of GE organism, certain organisms that significant negative effects on changes are caused by endogenous are created using techniques that fall agriculture. The commenter stated that regulatory processes, such as DNA within the scope of genetic engineering, an overly broad definition is of concern methylation and histone modifications but that could otherwise have been to biomedical researchers because some through naturally occurring enzymes. produced using traditional breeding invertebrates they use could be Epigenetic changes are also caused by techniques . . . .’’ (82 FR pp.7008 and classified as plant pests. Noting the lack small naturally occurring RNA 7015, January 19, 2017). As discussed of a mechanism to acknowledge that an molecules. Epigenetic changes reflect an above, the SECURE rule establishes organism that consumes plant material interaction of the genome with the regulatory exemptions at the forefront, is not detrimental to agriculture, the environment that leads to changes in which promotes clarity regarding the commenter recommended that APHIS gene expression without changing the scope of part 340, and avoids adopting establish a mechanism for classifying an

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organism as ‘‘agriculturally unimportant stated that the inconsistency and lack of One commenter stated that the term within the plant pest category’’ and that precision in the terminology used in the plant-trait-MOA is not defined as a such a classification have influence on proposed definition could leave risk- combination, though the individual APHIS’ regulatory processes. based decisions made by APHIS open to terms are defined in the proposed rule, APHIS appreciates the comment, but criticism or challenge for not addressing and that if the combination has its own does not believe that it is necessary for all possibilities for harm, no matter how meaning, APHIS should clarify that. APHIS to establish such a mechanism. unlikely. The term plant-trait-MOA refers to The definition of plant pest is based APHIS agrees with the commenters three individual terms/factors for directly on, and does not exceed, the that greater clarity and consistency in analyzing whether certain GE organisms definition of the term in the PPA. The the definition of plant pest risk would may present a plausible pathway to proposed regulations contained an be useful. APHIS is revising the plant pest risk and by which we exemption from the requirement for definition accordingly. We agree that determine whether a product actually permit for interstate movement for the words ‘‘possibility of’’ could be poses a plant pest risk. Arabidopsis thaliana. In this final rule, construed in a manner that is Under the definition of responsible we are adding an exemption from some inappropriate. Numerous scenarios person in the June 2019 proposed rule, permitting requirements for GE could be put forward as the basis for responsibility for maintaining control Drosophila melanogaster, which we will events that represent the ‘‘possibility’’ of over a GE organism under permit during discuss in more detail below, under the harm without any plausible basis for its movement and assuring compliance subheading ‘‘Permits.’’ concluding that such scenarios have any with all permitting conditions could be Another commenter stated that by likelihood of occurring. The glossary of given to an individual or an institution. adopting a definition of plant pest that the Society for Risk Analysis (SRA), A commenter stated that individuals aligns with the definition provided in which is available at https:// should not be included under the the PPA, APHIS would regulate a broad www.sra.org/sites/default/files/pdf/ definition. According to the commenter, range of GE animals, including those SRA_glossary_20150622.pdf, defines responsibility should reside only with used in medical research, thereby risk as, among other things, ‘‘the the institution with which the signatory imposing large, new, and unwarranted potential for realization of unwanted, or any other individual bearing such regulatory burdens on researchers in negative consequences of an event.’’ The responsibility is affiliated. The medical research and other fields. SRA glossary makes clear the commenter pointed out that staff often APHIS disagrees with the comment. distinction between the qualitative move among jobs well before permit As we stated in the preamble to the definition of risk and the metrics that conditions are fulfilled. proposed rule, while the PPA gives are used to measure or characterize risk, As discussed in the preamble to the APHIS authority to regulate any which are framed in terms of likelihood June 2019 proposed rule, attributing nonhuman animal as a plant pest, it is and magnitude of an adverse outcome. responsibility for a GE organism moved longstanding APHIS policy not to We view a qualitative definition as more under permit to only an institution may regulate vertebrate animals as plant appropriate for defining risk, and use be problematic for enforcement of the pests. In the absence of such a policy, likelihood and consequence to evaluate regulations, because such responsibility all herbivores and omnivores could be scientifically plausible risks identified can be diffused, resulting in no considered plant pests, and thus subject in the RSR process discussed below individual’s being held responsible for to regulation, an untenable position under the subheading ‘‘Regulatory compliance with the permit conditions, since this would require APHIS to Status Review.’’ We also find the SRA the regulations in part 340, and the PPA. consider livestock, such as cows, sheep, terminology to be more useful than Our definition ensures that for each and horses, as well as many laboratory ‘‘possibility of’’ and are revising our permit, there is a single individual who research animals, to be plant pests. definition of plant pest risk accordingly. is responsible for ensuring an In the June 2019 proposed rule, we We are also revising the definition to institution’s compliance with permit defined plant pest risk as ‘‘[t]he refer to injury to, damage to, or disease conditions, regulatory requirements, possibility of harm to plants resulting in any plant or plant product. and the PPA. If this individual moves to from introducing or disseminating a Accordingly, this final rule defines a different job or otherwise leaves an plant pest or exacerbating the impact of plant pest risk as ‘‘[t]he potential for institution, responsibility for any a plant pest.’’ Many commenters viewed direct or indirect injury to, damage to, permits can be officially transferred, the proposed definition as vague and or disease in any plant or plant product subject to APHIS’ approval, to another potentially problematic due to the resulting from introducing or qualified individual, as described in terminology we used. disseminating a plant pest, or the § 340.5(i)(10) of this final rule (‘‘permit Commenters expressed concern that potential for exacerbating the impact of conditions’’). the words ‘‘possibility of’’ in the a plant pest.’’ A commenter stated that there is no proposed definition are vague and Importantly, while APHIS defines justification for the requirement, uncharacteristic of standard risk plant pest risk in this rule in reference contained in the proposed definitions of assessment terminology and to the potential for direct or indirect both agent and responsible person, that methodology, which characterizes risk injury, damage, or disease, the RSR they be legal U.S. residents, and that as either a likely or probable adverse process itself is based on standard risk there is no means of verifying such a outcome. Some commenters requested assessment practices and uses a requirement. that the definition of plant pest risk be methodology that focuses on a We are retaining the requirement, as defined in terms of the likelihood and likelihood and magnitude assessment of it would be a stronger mechanism for magnitude of harm. Commenters also plausible risks. Since the RSR process ensuring accountability in the expressed concern that the word will require that a plausible risk be regulatory program than the existing ‘‘harm’’ in the proposed definition is identified in order to proceed with definition. We have learned through inconsistent with the PPA, and that the further risk assessment, it will not be an administration of the program that the regulatory end-point should be risk of open-ended evaluation of any existing definition is not adequate, and causing injury to, damage to, or disease conceivably ‘‘possible’’ scenario that has not provided the necessary in any plant or plant product. It was could be imagined. framework to hold noncompliant

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developers responsible (e.g., academic valid evidence’’ in order to ensure that information indicated on the website. researchers who returned to their native trivial evidence or conjecture, or We anticipate that this change will countries without taking steps to publications in non-credible online provide more consistency and destroy their GE-test material prior to ‘‘scientific’’ journals, cannot form the predictability regarding information departure). basis of a request. Clarification was also requirements than would have been Finally, we have revised the requested as to whether re-reviews can afforded by the June 2019 proposed definition of State to read as follows: be initiated for all products for which rule. Such predictability is important for ‘‘[a]ny of the several States of the United RSRs have been completed or only for ensuring that developers can adequately States, the Commonwealth of the those found after an initial RSR to be comply with the regulations and can Northern Mariana Islands, the subject to the part 340 regulations. One plan their product development Commonwealth of Puerto Rico, the commenter stated that in cases of re- activities accordingly. District of Columbia, Guam, the Virgin reviews initiated by APHIS, APHIS A number of commenters expressed Islands of the United States, or any needed to provide for due process by concerns about specific details of how other territories or possessions of the allowing developers adequate time to to meet the detailed information United States.’’ This definition aligns respond. requirements for the RSR process that with that contained in the PPA. APHIS agrees that requests for re- will be maintained on APHIS website. review must be based on ‘‘scientifically Some commenters were concerned that Regulatory Status Review valid evidence’’ that relates to plant pest the requirement for information on the Section 340.4 of the June 2019 risk. APHIS has experience dealing with genotype of the modified plant was proposed rule set out the RSR process, such requests and will conduct an unclear and could be interpreted as under which developers may request objective analysis of re-review requests requiring sequence information that APHIS evaluate their novel plants to determine whether re-reviews are comparing the entire genome of the and determine whether or not they fall warranted. A valid re-review request modified plant with that of the within the scope of the regulations, i.e., would apply only to those GE plants or unmodified plant. Commenters stated under one or more of the categories in plant products that were previously that sequence information should be § 340.2. The section contained found to be subject to the regulations limited to sequence information for the requirements for submitting requests for after an initial RSR was conducted. specific genetic modification(s) in the reviews and re-reviews, including In the June 2019 proposed rule, plant. One commenter noted that some supporting information; listed the § 340.4(a)(4) specified information gene-edited products could have had factors that APHIS would consider in requirements for persons submitting a genetic material inserted during the course of its reviews; described the request for APHIS to conduct an RSR of development that was subsequently review process; and provided for public a GE plant and stated that additional segregated away, and that we could notice of RSR determinations. guidance on how to meet the clarify that the whole genome sequence Commenters addressed all these topics. requirements would be found on the information is not required by As noted in the preamble to the June APHIS website. A few commenters specifying that the required sequence 2019 proposed rule, the RSR process requested that APHIS either (1) information pertains to the targeted applies only to GE plants. APHIS incorporate the additional guidance into modified sequence. specifically solicited comments on the regulations; (2) commit not to APHIS agrees with these comments. It whether the scope of the RSR should be change the guidance without public was not our intent to request whole expanded to include non-plant GE notice and comment procedures; or (3) genome sequence information. Rather, organisms as well as GE plants, whether make clear that the additional guidance we are requesting sequence information some equivalent process for evaluating is non-binding because any changes on the specific targeted genetic such organisms for regulatory status made to it would not otherwise be modification(s) in the plant. We have should be developed instead, and, if so, subject to formal notice and comment. revised the information that will be what factors APHIS should consider in After reviewing these comments, published on the APHIS website to its analyses. APHIS has decided to pursue the clarify the sequence information that Several commenters did request that second of the three recommended must be provided. APHIS develop a process to evaluate the options. When APHIS seeks to make a Some commenters stated that regulatory status of non-plant GE substantive change to the information sequence information is not needed to organisms, based on the subject provided on our website, we will determine whether a GE plant poses a organism’s potential plant pest risk; indicate the proposed change, provide plant pest risk, as long as developers however, the commenters did not an explanation for it, and take public provide the type of modification and provide specifics on what factors APHIS comment on it. We will then review the describe the genotype by providing should consider in its analyses. APHIS comments and make a determination as information on the insertion, deletion, believes that further discussion and to whether to implement the change. In and/or expressed gene product, and that outreach with impacted developers and this final rule, we are revising § 340.4 to if sequence information is required, it other stakeholders on this issue is incorporate the notice-and-comment should be limited only to sequences that required before pursuing rulemaking. process. The revised § 340.4 also uses confer the trait(s) and should exclude We received several comments the term ‘‘detailed information’’ rather vector sequences that are not in the final pertaining to the re-review process. than ‘‘guidance,’’ which was used in the plant. Some commenters stressed the need to proposed rule. We are making this APHIS largely disagrees with these consider whether our requirements change, which we have placed in a new comments. The specified sequence adequately address the risk of requests paragraph (a)(4)(iv), to clarify that in information is needed by APHIS in for spurious reviews. Noting that we order to satisfy the broad requirements order to confirm the intended trait(s) at proposed to require that any request for contained in the regulations for the molecular/genetic level; to a re-review be supported by ‘‘new, information on the comparator plant(s), understand the MOA for purposes of scientifically valid evidence bearing on the genotype of the modified plant, and assessing the plant pest impact(s), if plant pest risk,’’ commenters urged us to the new trait(s) of the modified plant, any, of the modification(s); and to assess clarify what we mean by ‘‘scientifically the developer must provide the detailed similarity with previously reviewed GE

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plants. For inserted genetic material, and on the APHIS website, generally introduced trait and MOA provide the APHIS requires the sequence of the aligns with information APHIS has been most reliable indicators of the entire insert for molecular seeking previously, will reduce rather organism’s potential for plant pest risk. characterization. All genetic elements than increase a developer’s data As we also noted in the June 2019 integrated into the plant genome need to submission burden, and is intended to preamble, our conclusions are be described; therefore, vector sequence be sufficiently flexible to accommodate consistent with findings of reports of information is not required if vector the nature of the plant being evaluated. NAS.78 sequences are not inserted. For genome Under the petition process, developers By having an understanding of the editing, the sequence of the entire have had to submit data and biology and any existing impacts of the edited gene or functional motif of a information regarding a broad range of plant, the genetic trait to be inserted regulatory region (e.g., a transcription possible harms for evaluation by APHIS, into the plant, and the MOA, APHIS is factor binding site in a promoter region) regardless of whether the plant could able to conduct a review based upon a is required to understand the targeted plausibly pose a plant pest risk. The large body of scientific publications, as sequence modification(s). The RSR process differs from the petition well as APHIS’ knowledge and characteristics imparted by inserted or process in that APHIS is requesting experience. Information from field tests edited regulatory sequences (such as much less information for the initial would be unnecessary, in most cases, expression levels, patterns, and timing) review, with no requirement for for a determination of regulatory status are necessary to verify the full extent of laboratory or field-test data. If APHIS is under these regulations. Accordingly, the engineered genetic changes as part unable to identify a plausible pathway field test information would not be a of understanding the plant pest risk by which the GE plant could pose an generally applicable requirement for the associated with the modification(s). increased plant pest risk in the initial initial RSR and would be requested only Commenters raised concerns about review, developers will not be required as needed when further analysis is how to meet the information to submit any additional information to required. This approach would not requirements concerning the MOA. One APHIS. When there is a plausible preclude developers from providing commenter stated that while there may pathway to plant pest risk identified, information from field tests that they be information on a specific gene developers will receive feedback about consider pertinent to our analysis. For product, the precise mechanism of the type(s) of information that APHIS example, if a developer requested a action may not be elucidated. would need to assess the identified reevaluation of a GE plant that APHIS APHIS recognizes that the MOA may plausible pathway and complete a plant had previously considered to be subject not always be well characterized. As we pest risk assessment. This information to regulation, field test information indicated in the preamble to the June could include field-test data, gene demonstrating a lack of plant pest risk 2019 proposed rule, we are requiring expression data, or other data relevant could be provided in support of that information on the MOA to the extent to assessing whether the GE plant could request. Nor would the provisions that it is known. We have revised the have increased importance as a host for preclude APHIS from asking for field detailed information provided on the plant pests. The preamble to the test information if APHIS considers it APHIS website to clarify this point. proposed rule discussed some of the necessary in order to conclude review of Other commenters stated that certain types of information that might be information categories appear to exceed a particular request. required in this situation, but The revised detailed information what APHIS has historically asked for incorrectly made it appear as if this when reviewing petitions for requirements that will appear on the information would be required for all APHIS website are listed below. nonregulated status under the current initial reviews. We now clarify that such regulations, and that RSR information 1. A description of the comparator information could be submitted during plant(s), to include common name(s), requirements should align with the the initial review stage, but that any information APHIS has required genus, species, and any relevant such submission would be optional. To subspecies information that would previously, should not increase a clarify that additional data would be developer’s data submission burden, distinguish the plant. requested on the basis of identified 2. The genotype of the modified plant, and should be sufficiently flexible to plausible pathways to plant pest risk, including a detailed description of the accommodate the nature of the APHIS has added the following differences in genotype between the particular product being evaluated. A language to the existing text in modified and unmodified plant, commenter stated that gene expression § 340.4(b)(3)(i): ‘‘APHIS may request specifically: data are unnecessary in many cases and additional information as needed to a. If genetic material is inserted into that APHIS should clarify when such evaluate the factor(s) of concern.’’ We the genome, provide information on all data would be required, such as when are revising the detailed information inserted genetic material, including: the intent is to change the expression that will be published on the APHIS i. For genetic sequences, the name of pattern of a gene. Another commenter website to make this distinction clear. stated that information on the One commenter found it difficult to the sequence, the donor organism(s) or production, creation, or enhancement of understand how plant-trait-MOA could source, the function of the sequence, the a reservoir for a plant pest goes beyond be adequately evaluated without field nucleotide sequence, and if applicable, the type of information currently trials. the publicly available sequence submitted by developers in support of Data from field trials do not provide identification, protein accession petitions for nonregulated status. information about the plant-trait-MOA. APHIS largely disagrees with these As we noted in the preamble to the 7 National Research Council (NRC) 1989. Field Testing Genetically Modified Organisms: comments but recognizes that the proposed rule, APHIS’ experience in Framework for Decisions. Washington, DC. National preamble to the June 2019 proposed rule preparing risk assessments in Academy Press. 185 pp. Retrieved from http:// lacked sufficient clarity regarding accordance with the petition process www.nap.edu/catalog/1431.html. information requirements that apply at indicates that field trial data are 8 National Academies of Sciences, Engineering, and Medicine (NAS) 2016. Genetically Engineered various stages of the RSR process. The generally not necessary unless they Crops: Experiences and Prospects. Washington, DC: information developers must submit, as address an identifiable plausible National Academy Press. 420 pp. doi: 10.17226/ specified in § 340.4(a) of this final rule pathway to plant pest risk. The 23395. Retrieved from http://www.nap.edu/23395.

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number, and enzyme commission The June 2019 proposed rule plant pest risk assessment framework number. If inserted genetic sequences specified, in § 340.4(b)(1)(i) through document that accompanied the have been modified (e.g., codon usage (iii), the factors that APHIS would proposed rule described how the efficiency, gene shuffling), a statement consider when conducting an initial distribution (including density) of the regarding the nature and purpose of the review of the plant pest risk posed by GE plant and its sexually compatible modification, and identification of the the GE plant and any sexually relatives can be predicted by the modifications by submitting an compatible relatives that could acquire biological properties of the plant alignment of the modified sequence the engineered trait, relative to that compared with the known distribution with the unmodified sequence. posed by their respective non-GE or and properties of the comparator(s), in ii. For regulatory sequences, the other appropriate comparator(s). To the context of the receiving function of each regulatory sequence as provide context for the discussion that environment. The development of the it relates to the gene sequence and the follows, we are listing those factors GE plant and its sexually compatible donor organism(s) or source of each below, as they appeared in the proposed relatives can similarly be predicted. regulatory sequence. Identify promoters rule. Assessment of these factors is important as constitutive, inducible, 1. The biology of the comparator for determining whether the GE trait(s) developmental, or tissue specific. If plant(s) and its sexually compatible could increase the prevalence or alter developmental/tissue specific, describe relatives; the distribution of the plant or its the stage(s)/tissue(s) at/in which the 2. The trait and mechanism-of-action sexually compatible relative(s) in such a promotor is intended to be active. of the modification(s); and way that they could have increased b. If genetic material is not inserted 3. The effect of the trait and importance as hosts for plant pests. It is into, or was inserted and is no longer mechanism-of-action on: also important to point out that present in, the genome, and the genome a. The distribution, density, or consideration of weediness in this is modified in a way that does not fall development of the plant and its manner has long been a part of the plant under the exemptions in § 340.1(b), sexually compatible relatives; pest risk assessments conducted in provide: b. The production, creation, or response to petitions for nonregulated enhancement of a plant pest or a i. The nature of the modification(s) status since the 1990s, under the reservoir for a plant pest; and the gene(s) and function(s) being regulations that we are replacing in this c. Harm to non-target organisms modified; final rule. This final rule does not beneficial to agriculture; and change this analysis, and does not ii. For substituted based pairs, the d. The weedy impacts of the plant and number of substitutions; expand the scope of APHIS’ its sexually compatible relatives. consideration of weediness in iii. The original unmodified sequence Commenters had concerns and aligned to the targeted modified evaluating plant pest risks as compared questions about some of the factors. One with the scope of consideration that was sequence. commenter stated that APHIS should present in APHIS’ exercise of its 3. A detailed description of the new clarify that a comparator could be a GE authority under the regulations that we trait(s) of the modified plant, including: plant, even though Codex Food Safety are replacing. a. The purpose and intended Guidelines do not allow a GE crop to be Some commenters had concerns about phenotype of the new trait and available a comparator, because the majority of the factor ‘‘harm to non-target organisms information on the MOA by which the certain crops, such as corn and soybean, beneficial to agriculture,’’ and asked us intended trait is conferred; are already GE. to shift our focus to adverse effect on b. Any expected changes in APHIS agrees that in some trophic functional groups beneficial to metabolism, physiology, and circumstances a GE plant could be an agriculture and to articulate a scientific development due to the trait/genetic appropriate comparator for the purpose rationale as to how a plant, whether GE modification, to the extent known; of evaluating plant pest risk, and notes or not, could pose a plant pest risk on c. Optional: Any additional that the Codex Guidelines address food the basis of its potentially harming an experimental data, publications, and safety and do not address plant pest insect predator or pollinator. other science-based assessments that risk. Typically, a comparator plant is the Beneficial organisms such as may be helpful for APHIS’ evaluation of non-GE plant from which the GE plant predators and pollinators fall squarely the potential of the plant to pose plant is derived. In some cases it may be under APHIS’ authority because pest risks. Such information could appropriate to use another GE variety of predators and pollinators are essential include, to the extent that it is known, the plant as a comparator. This could to plant health, and harm to these information about any new enzymes or occur if, for example, a developer is organisms may result in greater injury or other gene products produced; where, using genetic engineering to add a new damage to plants. APHIS analyses are when, and at what level the introduced trait to an existing GE plant. To date, based on whether a GE trait introduced or modified genetic material is APHIS has not generally seen the use of into a plant will had adverse impacts on expressed in the plant; the biochemical a GE plant as a comparator, but this non-target organisms beneficial to action of the genetic material or its could change in the future as products agriculture. Non-target organisms product; and how the genetic material of genetic engineering become more beneficial to agriculture encompass a or its product participates in or interacts complex. broad range of organisms that provide with metabolic, physiological, or One commenter requested that APHIS ecosystem services. Focusing on certain developmental processes in the define how it intends to determine trophic guilds is not adequate to address engineered plant or in other organisms. ‘‘distribution, density, or development all aspects of plant pest risk to non- (APHIS does not intend to require of the plant and its sexually compatible target organisms beneficial to submitters to generate experimental data relatives and weediness across plant agriculture. For example, some GE traits specifically for an RSR. However, if a types.’’ Another suggested that we add may have greater effects on closely submitter is aware of information or a definition of weediness because it is related groups of insects, regardless of experimental data in the public domain mentioned in the context of the RSR. the trophic guild of members of that that may support our assessment, the APHIS is making no changes to the group. Focusing on trophic levels may submitter may include the data.) rule in response to these comments. The also expand the scope to impacts

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outside of agriculture. When there is a with actual risk, our decision-making plant or its sexually compatible relatives scientifically plausible link to harm to criteria should incorporate the concept would pose an increased plant pest risk non-target organisms beneficial to that the plant pest risk posed by the GE relative to the comparator(s) in the agriculture, the information needed for plant should be greater than that posed initial review, the GE plant will not be a plant pest risk analysis would be by the plant from which it was derived. subject to the regulations. APHIS will determined on a case-by-case basis, APHIS agrees with many of these post information on the plant and trait accounting for the particular biology of comments. In this final rule, we have and a general description of the MOA the GE plant, the MOA of the GE trait, amended § 340.4(b) to provide on its website. and the environment. additional detail and clarity and to Regarding the timeframe, while the In addition to listing the factors incorporate the concept that in order for RSR process is new to APHIS, we discussed above, proposed § 340.4(b) set regulation to be appropriate, the plant anticipate that in many cases the initial out the components of the RSR process, pest risk posed by the GE plant or its review may be completed rapidly (that including making determinations and sexually compatible relatives must pose is, within 60 to 90 days). However, for providing public notice of such an increased plant pest risk relative to plants that APHIS has infrequently determinations. Proposed paragraph the comparator(s). authorized in the past, we anticipate (b)(1) stated that when APHIS receives Regarding terminology, we have that additional time may be required to a request for an RSR, APHIS will revised § 340.4(b) to indicate that in the compile information on the appropriate conduct an initial review of the initial reviews, we will make comparator(s) needed to conduct the potential plant pest risk posed by the GE determinations concerning whether initial review. In addition, we anticipate plant and any sexually compatible further review is necessary based on a that additional time may be required to relatives that could acquire the finding of ‘‘plausible,’’ rather than compile the information on less familiar engineered trait, relative to the plant ‘‘potential,’’ plant pest risks. We view or more complex MOAs needed to pest risk posed by their respective non- the former term as more precise and conduct initial reviews. Based on our GE or other appropriate comparator(s), more in keeping with standard risk experience, we anticipate that we will based on the factors discussed above. assessment terminology. Further, since generally be able to complete reviews of Proposed paragraph (b)(2) stated that if the RSR process will require that a less familiar plants and MOAs within APHIS is unable to identify potential scientifically plausible risk be identified 180 days, barring unforeseen plant pest risks in the initial review, the in order to proceed with further risk circumstances. GE plant will not be subject to the assessment, the revision will ensure that Revised § 340.4(b)(3)(i) states that if regulations. Proposed paragraph (b)(3)(i) the initial review will not be an open- APHIS does identify a plausible stated that if APHIS does identify ended evaluation of any conceivably pathway by which the GE plant or its potential plant pest risks in the initial possible scenario that could be sexually compatible relatives would review, APHIS will conduct an imagined. pose an increased plant pest risk evaluation of the factor(s) of concern to As noted earlier in this document, in relative to the comparator(s) in the determine the likelihood and connection with the discussion on initial review, the requestor may apply consequence of the potential plant pest confirmation letters, some commenters for a permit and/or request that APHIS risk posed by the GE plant. Proposed saw a need for timeframes for APHIS conduct an evaluation of the factor(s) of paragraph (b)(3)(iii) stated that if the GE regulatory processes for purposes of concern to determine the likelihood and plant is found unlikely to pose a plant predictability and business planning. consequence of the increased plant pest pest risk and, therefore, not to require Commenters raised the issue in risk. regulation under part 340, then APHIS connection with the RSR as well. We Revised paragraph (b)(3)(ii) states that will post the finding on its website. agree with the commenters on the need for those GE plants for which such an Proposed paragraph (b)(3)(iv) stated that for timeframes and are adding them to evaluation is conducted, APHIS will if APHIS is unable to find the GE plant paragraphs (b)(2) and (3), as discussed publish the results of the evaluation in unlikely to pose a pest risk, then the below. the Federal Register and will solicit and plant will require regulation, and its Revised § 340.4(b)(1) contains review comments from the public. movement will be allowed only under provisions related to the initial review. Soliciting public comments will allow permit in accordance with § 340.5. The introductory text states that when APHIS to collect information we might Commenters expressed numerous APHIS receives a request for an RSR of have missed and receive additional concerns about this process as we a GE plant, APHIS will conduct an comment. Except in circumstances that described it in the proposed rule. Some initial review to determine whether could not reasonably have been thought that we provided insufficient there is any plausible pathway by which anticipated, APHIS will complete these detail, especially concerning the the GE plant, or any sexually compatible steps within 15 months of receiving a distinction between the initial review relatives that can acquire the engineered request for an RSR that meets our and the additional evaluation that some trait from the GE plant, would pose an requirements. This evaluation will be GE plants would need to undergo. increased plant pest risk relative to the similar to the current petition process, Others took issue with some of the plant pest risk posed by the respective and will include, in addition to public terminology that we used, stating that it non-GE or other appropriate notice and comment, preparation of any lacked clarity and could lead to comparator(s), based on the factors applicable National Environmental confusion about our regulatory focus listed in paragraphs (b)(1)(i) through (iii) Policy Act (NEPA) analysis; hence, the and decision making process. Numerous (also listed above), which remain the longer timeline. commenters proposed alternative same as those in the proposed rule. Revised paragraph (b)(3)(iii) states language, in some cases arguing that Revised § 340.4(b)(2) provides that that if APHIS finds that the GE plant their proposed alternatives were more except in unforeseen circumstances, and its sexually compatible relatives are consistent with standard risk APHIS will complete the initial review unlikely to pose an increased plant pest assessment terminology and the PPA within 180 days of receiving a request risk relative to their comparator(s), the than what we had proposed. that meets the requirements specified in GE plant is not subject to part 340 and Commenters also stated that in order for this section. If APHIS does not identify APHIS will announce the final regulation to be appropriately calibrated a plausible pathway by which the GE determination in a subsequent Federal

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Register notice and post the finding on incorporated into recipients about 20 APHIS is adding a new § 340.5(h)(5) 10 its website. If APHIS does not make percent of the time. containing timeframes for review of such a finding, the GE plant will remain We do not agree with this comment. permit applications. New paragraph regulated, and its movement will be As noted above, we have not seen (h)(5)(i) states that except in allowed only under permit in evidence in the scientific literature that circumstances that could not reasonably accordance with § 340.5. there are unique hazards that arise have been anticipated, interstate Due to the changes made in solely from the use of recombinant DNA movement and import permits will be § 340.4(b)(2) and (b)(3)(iii), we are not techniques, as compared with more approved or denied within 45 days of receipt of a complete permit finalizing proposed paragraph (c), as it conventional plant breeding techniques. application. New paragraph (h)(5)(ii) is no longer necessary. (There is a One commenter stated that putting states that except in circumstances that paragraph (c) in § 340.4 of this final RSR results on the web would could not reasonably have been rule, but it discusses when the section encourage copycats rather than anticipated, release permits will be becomes applicable, and is discussed innovators. approved or denied within 120 days of later in this document.) APHIS does not We do not agree with this comment. receipt of a complete permit agree with other changes to the application. New paragraph (h)(5)(iii) regulatory text suggested by some As discussed later in this document, certain sensitive RSR information will states that in cases where an commenters. Specifically, the environmental assessment or commenters recommended that we be eligible for CBI exemptions and, therefore, protected. environmental impact statement is predicate our decisionmaking on necessary to issue the permit, the 120- whether the GE plant poses an Permits day period will be extended. ‘‘unacceptable plant pest risk’’ or an Paragraph (h)(3) of § 340.5 contains ‘‘unacceptable’’ or ‘‘unreasonable’’ Paragraphs (a) and (b) of proposed requirements for inspections related to ‘‘increase in plant pest risk.’’ § 340.5 contained, respectively, permit permitted activities. The paragraph issuing and application requirements. APHIS appreciates these comments states that all premises associated with Proposed § 340.5(f) contained and has given them full consideration. the permit are subject to inspection requirements for APHIS review of APHIS does not find these terms to be before and after permit issuance, and permit applications. necessary for purposes of our that all materials associated with the decisionmaking, nor have we concluded In the June 2019 proposed rule, movement are subject to sampling after that such terms would provide the APHIS proposed to remove timeframes permit issuance. In addition, the necessary precision to become the for review of permit applications so as responsible person and agents must foundation for regulatory analysis and to ensure that APHIS has the provide inspectors access to premises, decisionmaking. For example, these appropriate time to evaluate each permit facilities, release locations, storage terms could be interpreted to take into application based upon the plant pest areas, waypoints, materials, equipment, account considerations unrelated to risk posed by the GE organism and the means of conveyance, documents, and plant pest risk and, if used as a complexity of the application. Some records related to the movement of regulatory benchmark, could be used to commenters opposed the change and organisms permitted under part 340. A commenter stated that APHIS attempt to place APHIS risk assessors in requested that we retain those should define waypoint in a manner the position of deemphasizing scientific requirements in the regulations or that accounts for the fact that applicants considerations. As such, APHIS does otherwise incorporate into this final rule for permits may not be able to legally not make changes to the regulatory text ‘‘reasonable’’ timeframes to provide greater certainty for developers about guarantee access to all waypoints, such under in part 340 as suggested by the as those that may be the sole property commenters. the length of the process. Commenters had various suggestions as to the length of a third-party shipping company. A commenter stated that just as the of the timeframe(s). One commenter, for APHIS will work cooperatively with MOA for achieving a phenotypic trait in example, recommended that APHIS be the permit holder if there is need to gain a GE organism should be taken into allowed 10 days to review applications access to a waypoint not under the account, the MOA for achieving the for permits for interstate movement and permit holder’s control. A permit holder genotype changes used to achieve those 30 days for release permit applications. will not be held responsible for phenotypic traits should be taken into It was also recommended that we providing access that is outside the account as well. According to the establish timeframes for making permit holder’s power to grant or deny. commenter, the reason why APHIS determinations on permit amendments In § 340.5(h)(3), APHIS mandates that regulations have historically been and for review and comment by State all materials associated with activities ‘‘event-specific’’ 9 is that genetic and Tribal officials on permit conducted under permit would be material is inserted into recipient plants applications. subject to sampling. One commenter in an essentially random manner during questioned the need to include this Although we recognize the need for the genetic engineering process which requirement in the regulations. certainty about the length of the process, can create mutations in recipients at According to the commenter, the PPA our experience has been that some rates of ∼30–60 percent, and that gives APHIS authority to conduct permit and notification applications uncharacterized genetic material/DNA investigations, including sampling, take a minimal amount of time and can unintentionally become when required. The commenter stated others take longer, and we anticipate that sampling has never been done this to continue. A review of our 9 Event-specific is used to distinguish the genome outside the scope of an investigation, position of the same DNA insertions after experience over the last 2 years transformation. As noted by the commenter, the demonstrates that 45 days is currently 10 As explained below, we are adding new same DNA introduced into a plant by sufficient to authorize import and paragraphs (e), (f) and (g) to § 340.5. As a result, transformation will insert randomly in the genome. interstate movement permits, while up except where otherwise indicated by a specific To distinguish the fact that the position of the same reference to the proposed rule, for purposes of this inserted DNA varies between transformations, each to 120 days are often needed to discussion, paragraphs will be referred to by their transformation is referred to as an event. authorize release permits. Therefore, designation in the regulatory text of this final rule.

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and that practice should remain. The favored even broader exemptions, conclude that such strains would not commenter said that if APHIS decides to stating that most types of transgenic pose a significant plant pest risk. We move forward with inclusion of a plants should also be exempted when have also revised the exemption text for sampling requirement, it should clearly shipments are small or in a form in Arabidopsis thaliana and describe how those samples will be which persistence in the environment is Agrobacterium strains in § 340.5(c) and handled, the level of confidentiality that very unlikely. The lack of such (d), respectively, to conform with the they will be subject to, and the specific exemptions, according to these revised definition of genetic uses for which samples may be taken in commenters, impedes collaborative engineering, which is not limited to the order to protect confidential business research and breeding substantially. insertion of ‘‘cloned’’ genetic material information. The commenter further We agree with these comments in into an organism. stated that such samples are of part. Historically, A. thaliana and A. In response to comments about proprietary research materials and tumefaciens have been exempted from interagency coordination, which are valuable enough to be targets of permitting requirements for interstate discussed in detail below under the misappropriation if not handled movement because interstate movement subheading ‘‘Statutory Authority, appropriately. of the organisms has not resulted in the Jurisdiction, and Interagency APHIS appreciates the comment and dissemination of plant pests within the Coordination,’’ we are adding a new wants to reassure the regulated United States. A. thaliana has been a paragraph (f) to § 340.5, which contains community that sampling will be done research model plant species, and the an exemption from permitting only when necessary. APHIS accepts research community is very familiar requirements for any microbial pesticide that regulated material is proprietary with the biological and ecological that is currently registered with the EPA property of the regulated entity and will characteristics of the species. We have as a microbial pesticide, so long as the ensure the taking only of quantities of had extensive experience assessing the microorganism is not a plant pest as samples required for diagnostic plant pest risks associated with the defined in § 340.3. The addition of this evaluation. The language in interstate movement of both organisms. exemption ensures that these organisms § 340.5(h)(3) is consistent with APHIS’ In both cases, the plant pest risks are will not be subject to duplicative authority under the PPA to conduct very low, and safeguards exist that can regulation. inspections. When sampling is done, adequately mitigate those risks. APHIS Also in the interest of interagency APHIS follows strict chain of custody agrees that other disarmed coordination, as well as other protocols. APHIS will protect all Agrobacterium species can be exempted considerations discussed in detail later proprietary information and CBI from the requirement of permits for in this document in the section associated with sampling, and APHIS importation or interstate movement and pertaining to plant incorporated will share results only within USDA has revised 340.5(d) accordingly. While protectants (PIPs), we are also adding a (marking documents containing CBI to some strains of disarmed Agrobacterium new paragraph (g) to § 340.5 that ensure protection of such information) species may cause mild plant disease exempts from the permitting and with the regulated entity. symptoms in some cases, importing requirement for movement of any GE Paragraphs (c) and (d) of proposed them or moving them interstate presents plant modified solely to contain a PIP § 340.5 contained, respectively, very low plant pest risk given their that is currently registered with EPA as exemptions from permitting specific usage in transforming plants, a pesticide product pursuant to the requirements for interstate movement their lack of persistence in the newly Federal Insecticide, Fungicide, and for GE Arabidopsis thaliana and transformed plants, and existing Rodenticide Act (FIFRA, 7 U.S.C. 136 et Agrobacterium tumefaciens, subject to practices for shipping Agrobacterium certain conditions. Some commenters strains. We do not have sufficient seq.) or that is currently exempted from suggested that we consider additional experience with the order Rhizobiales to FIFRA pursuant to 40 CFR 174.21. exemptions. One such commenter further broaden this exemption at this Numerous commenters expressed requested that in addition to A. time. Other GE organisms, such as concerns about our proposed permit thaliana, APHIS should exempt specialty crops, have not been exempted conditions. Those issues are discussed specialty crops, in which an allele has before, and APHIS does not have individually in the paragraphs that been edited to align with a similar, extensive experience assessing their follow. known allele in a close relative. Another plant pest risks. Therefore, APHIS does One commenter viewed the permit commenter pointed out that disarmed not think it is appropriate to exempt conditions in general as excessively versions of Agrobacterium rhizogenes such GE plants at this time in the same strict. The commenter stated that the have a record for transformation that is way as A. thaliana and A. tumefaciens. conditions strive toward zero risk, as equally useful and safe as the record for As noted earlier in the discussion of opposed to the Coordinated Framework disarmed versions of A. tumefaciens. the definition of plant pest, we are criterion of unreasonable risk. It is The commenter requested that the adding to this final rule an exemption important to maintain measures exemption for ‘‘disarmed from the requirement for permits for commensurate to risk, according to the Agrobacterium tumefaciens’’ be import and interstate movement for GE commenter. broadened to ‘‘disarmed Agrobacterium Drosophila melanogaster in response to We do not agree with this strains’’ or ‘‘disarmed members of the public comments that this organism commenter’s suggestion that our permit Rhizobiales’’, such as Ochrobactrum does not have significant negative conditions are too strict or are striving haywardense. Using the same reasons impacts on agriculture. This exemption toward zero risk. Our permit conditions and arguments, the commenter stated is contained in a new paragraph (e) of are set to ensure containment and that APHIS should consider exempting § 340.5. This exemption excludes strains confinement of the organism under Nicotiana benthamiana. It was also that have been engineered to propagate permit. They are designed to be suggested that because disarmed viruses through a population by biasing the commensurate with the risk posed by are commonly used in plant molecular inheritance rate (e.g., gene drives), the GE organism. The commenter did biology studies, any pathogen with the because such strains could be designed not offer specific guidance on how we pathogenicity demonstrably removed to persist in the environment and we do should apply the ‘‘unreasonable risk’’ could be exempted. Some commenters not have sufficient experience to standard.

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Some commenters requested that we the regulations. Enforcing the separated from each other or research clarify the distinction between standard regulations, and thereby protecting U.S. would need to be abandoned, inhibiting permit conditions that apply to all GE agriculture from plant pest risks, would innovation and increasing the cost to organisms and those that apply only to thus be made more difficult than it is develop new products. GE plants or to GE microorganisms or when compliance measures are clearly APHIS does not consider such insects. enumerated in specific permit scenarios to be likely. The permit We believe that the standard permit conditions, as they always have been conditions for non-plant-made requirements, as listed in § 340.5(i)(1) under the regulations in part 340 and pharmaceutical and industrial (PMPI)- through (10) of this final rule, make this will continue to be as a result of this producing plants are based on the distinction clear. As written, all the rulemaking. Because permit conditions reproductive ecology of each species standard conditions listed in § 340.5(i) specify which actions need to be taken and the receiving environment. APHIS of this final rule, except for paragraph by the responsible person to be in anticipates that such permit conditions (i)(6)(ii) (which pertains specifically to compliance with the regulations and do will generally be consistent across GE plant volunteer monitoring), are not rely as much on subjective multiple permits for the same species. applicable to all GE organisms. determinations (by both the responsible The timeframes for the issuance of Therefore, we are not making any person and APHIS personnel) as do permits that have been added to the changes in response to these comments. performance standards, the permitting regulations will enable developers to One commenter recommended that system can provide more risk- plan adequately to meet the specified we adopt a hybrid permit system under appropriate oversight, better regulatory permit conditions. which performance standards are enforcement, and transparency. One commenter stated that APHIS primarily used as the enforcement A commenter questioned the should specify in the regulations mechanism. According to the necessity of the requirement in timeframes for the submission by the commenter, specific permit conditions § 340.5(i)(6) for the submission of a responsible person of reports of should be added only when report of no environmental release for activities under permit that are required scientifically justified. all authorized locations in which an under § 340.5(i)(6). We will not be making any changes to environmental release of a GE organism We do not agree with this comment. the final rule as a result of this did not occur. It was stated that this The types of reports to be submitted and comment. Some of the standard permit provision is inconsistent with the policy the timing of their submission will vary conditions in § 340.5(i) are, in fact, approach of the Coordinated Framework by species and, therefore, will be performance standards, consistent with and represents regulatory overreach that included in each permit in the the commenter’s recommendation. For should be set aside. The commenter saw supplemental permit conditions, rather example, paragraph (i)(1) states that no risk mitigation value in this than in the regulations. ‘‘[t]he organism under permit must be requirement. One commenter recommended that maintained and disposed of in a manner APHIS appreciates the commenter’s we allow for changes in the designation so as to prevent its unauthorized concern but disagrees with the of a responsible person via a notification release, spread, dispersal, and/or commenter’s arguments. A permit process. persistence in the environment.’’ Under authorization often covers many sites, We do not agree with this comment. paragraph (i)(6), records related to and planting may never occur at some In § 340.3, we define responsible person permit activity by the responsible sites. Similar to the need for a post- as the person responsible for person must ‘‘be of sufficient accuracy, planting report (PPR) to indicate which maintaining control over a GE organism quality, and completeness to sites are planted and when, APHIS under permit during its movement and demonstrate compliance with all permit needs to know which sites were not for ensuring compliance with all conditions and requirements under this planted, so as to provide efficient and conditions contained in any applicable part.’’ appropriately focused oversight. APHIS permit as well as other requirements in Nonetheless, we do not believe that a thinks that the submission of a report of part 340. In § 340.5(i)(10), we state that sole or primary regulatory focus on no release can help APHIS track the the responsible person for a permit performance standards would be status of all authorized test field remains responsible unless a transfer of desirable for the regulations in part 340. locations in order to account for and responsibility is approved by APHIS. As noted in the preamble to the June sufficiently monitor all such locations, The requirement for APHIS approval is 2019 proposed rule, Office of Inspector thereby preventing the accidental necessary to ensure that, in the event a General (OIG) audits conducted in 2008 release of GE organisms into the transfer becomes necessary, the new and 2015 recommended, among other environment. Additionally, this responsible person is aware, prepared, things, that APHIS generally reduce its requirement addresses and equipped to work with APHIS. That reliance on performance-based recommendations issued by USDA’s provision does not apply, however, to standards in the regulations in part 340. OIG, following audits performed in an agent, a term defined in the June APHIS agrees with the OIG 2015. 2019 proposed rule as someone recommendations. While performance One commenter stated that developers designated by the responsible person to standards offer the advantages of may operate under multiple permits for act on behalf of the permittee to administrative streamlining for APHIS multiple plant-trait-MOA combinations maintain control over an organism and flexibility for regulated parties, at one time. The commenter stated that under permit during its movement and there are also significant disadvantages plant lines within these multiple to ensure compliance with permit to a performance-standard-based permits are planted in proximity to one conditions. A change in agent may be regulatory approach. The absence of another to facilitate comparative science effected through a notification. specific measures that constitute and to utilize resources in the most One commenter requested that we not compliance with the regulations in efficient way possible, and that if APHIS require Global Positioning Satellite performance-based standards introduces were to issue each permit with different (GPS) coordinates in permit-related an element of uncertainty into the conditions, of which the developer may records, a requirement that, according to process of determining whether a learn only weeks before planting, these the commenter, is effectively a permit regulated party is in compliance with materials may have to be physically condition, though it is actually

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contained in § 340.6, the section terminated due to a completed RSR, the request is deemed to be within or covering recordkeeping. The commenter termination should not apply to the outside the scope of the existing permit. stated that information on actual acreage entire permit, but only to the individual The timeframe for the review for the shortly after planting would suffice. plant-trait-MOA which was reviewed. permit amendment will be the same as APHIS disagrees with this comment. APHIS responds that in such cases, for new permit applications and GPS coordinates allow APHIS to fully the permit would not be terminated, and depends on the complexity of the utilize Geographic Information System that the specific plant-trait-MOA requested change. Consistent with past capabilities to oversee what will be combination for which the RSR was practice, APHIS will continue to let released within the defined authorized completed (resulting in a determination requestors know if an amendment is area. For example, APHIS uses GPS that the plant-trait-MOA GE plant outside the scope of an existing permit. coordinates information to determine combination is not subject to part 340) Finally, we are making an editorial whether a proposed release site happens would no longer be regulated under that change to paragraph (l)(1) in § 340.5 to to be on Federal land or critical habitat. permit. APHIS would continue to clarify the circumstances under which Paragraph (j) of § 340.5 addresses provide oversight for plant-trait-MOAs (1) APHIS will approve an amendment permit denials and withdrawals. One that are still under permit. request from a permit holder and (2) commenter stated that APHIS must One commenter requested APHIS will instead require a new make it clear that denial should occur clarification on permit amendment permit application. Specifically, we are only to prevent an unreasonable risk to provisions, particularly as they applied providing examples of situations where U.S. agriculture. The commenter further to APHIS-initiated amendments in each would apply. APHIS will allow a suggested that APHIS should include § 340.5(l)(2). The commenter expressed permit to be amended if relatively minor assurances that a permit will be a concern that APHIS may arbitrarily changes are necessary. Requests for presumptively issued unless APHIS can initiate modifications to an existing more substantive changes will result in present a plausible argument that failure permit and stated that APHIS should a denial of the amendment request and to comply with the permitting have no authority to initiate such necessitate a new permit application. conditions would result in such an amendments without scientific Paragraph (m) of § 340.5 contains unreasonable risk. Another commenter evidence. requirements for shipping under permit. suggested that the rule should be APHIS will not initiate a permit Paragraph (m)(1) contains a performance clarified to indicate that a permit amendment process without sufficient standard, stating that all shipments of application may be withdrawn by the scientific justification. Under organisms under permit must be secure applicant as well as the Administrator. § 340.5(l)(2), APHIS will initiate a shipments. Paragraphs (m)(2) and (3) We will not be making any changes to permit amendment process upon contain, respectively, documentation the final rule as a result of these determining that such an amendment is and labeling requirements, and comments. Under § 340.5(j)(1), the needed to address the plant pest risk paragraph (m)(4) contains provisions Administrator may deny a permit posed by the GE organism or the related to treatment and disposal of application if he or she concludes that activities allowed under the permit. In shipping containers and packing the proposed actions under permit may such cases, APHIS will provide notice materials. not prevent the unauthorized release, to the responsible person of the One commenter stated that if APHIS’ spread, dispersal, and/or persistence in amendment(s) and the reasons for it. intent in paragraph (m)(1) is to allow the environment of the GE organism; if Another commenter questioned developers to make determinations the responsible person or agent has whether we should include provisions regarding the types of containers used materially failed to comply with any for amending permits in the regulations during transport so long as they fit the provision of these regulations; or if the at all. It was stated that we were above stipulations, that represents an responsible person or agent has failed to reducing our flexibility by including improvement. If this change, however, comply with any other regulations such provisions. is meant to be more restrictive, issued pursuant to the PPA or the PPA Contrary to the commenter’s especially with the removal of a itself. Permits will also be denied if the assertion, we believe that the provisions variance option, then the responsible responsible person or agent does not for permit amendments allow for greater person or agent should be able to make agree in writing to comply with permit regulatory flexibility by enabling a rapid changes to shipping container options, conditions or to allow inspection by response to changing circumstances. We if needed. APHIS. These conditions are necessary have included these provisions to Paragraph (m)(1) is performance- to protect U.S. agriculture. Regarding provide an opportunity for a responsible based. It does not prescribe specific withdrawal, the existing regulations do person to request an amendment to container requirements. The change to not specify that a permit application permit conditions when circumstances the regulations is meant to make the may be withdrawn by the applicant. have changed, as opposed to our having performance standard more explicit Nonetheless, under current regulations, to withdraw the permit, which would while at the same time making the applicants may request withdrawal of necessitate that the responsible person requirements less prescriptive. Based on permit applications prior to the issuance then reapply. Under the permit the definition of secure shipment of the permit. This will continue to be amendment provisions, APHIS would (‘‘Shipment in a container or a means of the case when the revised regulations also have the flexibility to amend a conveyance of sufficient strength and become effective. permit rather than revoking it if needed integrity to withstand leakage of One commenter stated that developers to address new or previously unknown contents, shocks, pressure changes, and may operate by covering multiple plant- plant pest risks presented by the other conditions incident to ordinary trait-MOA combinations under a single organism. handling in transportation’’), APHIS permit. According to the commenter, Another commenter recommended does not anticipate that shipping permits may be requested by location, that APHIS specify a timeframe for variances will be needed. with many experiments, containing review of permit amendments requested One commenter requested that we multiple plant-trait-MOA combinations, by a responsible person. The commenter revise the language in § 340.5(m)(4) to planted in the same location. The stated that furthermore, APHIS should take into account reusable shipping commenter submits that if a permit is notify the requestor if the amendment containers. The commenter

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recommended that we replace the word the commenter appears to believe. receiving new AIR requests. This will ‘‘treated’’ with ‘‘cleaned to remove the Permits are a form of regulation, and allow developers sufficient time to make organism before reuse.’’ movement of GE plants under permit such requests following publication, In response to this comment, we are regularly occurs under our current while also ensuring that, to the best of revising the paragraph to read as regulations. An RSR results in a the Agency’s ability, all such requests follows: ‘‘Following the completion of determination, based on our evaluation have been acted on by the time the rule the shipment, all packaging material, of plant pest risk, that a GE plant either becomes effective. The exemptions shipping containers, and any other is not subject to the regulations, and can identified in § 340.1, and the material accompanying the organism be moved with no further restriction confirmation letter process described in will be devitalized consistent with under part 340, or is subject to the that section, will become effective and supplemental permit conditions, or regulations and may be moved only will be implemented 90 days after the disposed of to prevent unauthorized under permit. Whether a product publication date of this rule. (Please release.’’ requires movement under permit as a note, however, that some of the Other issues raised by commenters in result of an RSR, or because the exemptions in paragraph (c) of § 340.1 relation to permits included concerns developer has chosen the permitting are contingent on implementation of about the rigor and integrity of the option in lieu of the RSR, the GE plant RSR, which will not occur until April 5, process, safety of environmental will still be subject to a rigorous 2021.) In the intervening 60-day period, releases under permit, field testing, screening process. The developer will developers can self-determine regulated implementation of the permitting have to submit a permit application, status according to the legacy definition requirements, and the formatting of along with all supporting information of regulated article; APHIS is available permits. required under the regulations. APHIS to respond to requests for assistance in One commenter, noting that the will carefully review the application such determinations. Alternatively, definition of movement in § 340.3 and, if warranted, approve it. Prior to developers may seek permits or use the includes release into the environment, issuance, the developer/responsible legacy notification process during that stated that there can be no assurances person will be required to agree in time period in order to import regulated beforehand of a safe outcome of such a writing that he or she understands and articles, move them interstate, or release release. The commenter stated that all will comply with all the standard and them into the environment. GE organisms that are to be released into supplementary conditions listed on the The remaining provisions in this rule the environment should be subject to permit. Compliance is monitored after a also will become effective (that is, will strict testing requirements. permit has been issued. Our permitting appear in the CFR) 90 days after the APHIS acknowledges the process is a longstanding and rigorous publication of the rule. However, they commenter’s concerns about safely one that ensures that GE plants are are applicable as follows: Beginning releasing GE organisms into the moved only under conditions that April 5, 2021, APHIS will implement environment. For reasons discussed provide safeguards against the risk of the permitting provisions in § 340.5; earlier in this document, it is our view dissemination of plant pests. beginning April 5, 2021, APHIS will that categories of organisms that fall undertake a phased implementation of under the exempted categories in Temporary Transition Provisions the RSR process described in § 340.4 by § 340.1(b) and (c), as well as GE plants One commenter recommended that accepting requests for reviews involving that have been subject to an RSR in the implementation of the new corn, soybean, cotton, potato, tomato, accordance with § 340.4 and for which permitting provisions and elimination and alfalfa; and beginning October 1, APHIS has not identified a plausible of notifications should be phased in so 2021, APHIS will accept requests for pathway by which the GE plant or its as not to disrupt seasonal field RSR involving any genetically sexually compatible relatives could pose activities. Other commenters stated that engineered plant. We have revised an increased plant pest risk relative to given the magnitude of the changes in proposed §§ 340.4 and 340.5 to include the comparator(s), can be safely released regulatory requirements that we these specific applicable dates. into the environment without the need proposed, we should phase in Until RSR is available for a particular for a permit. The movement, including implementation so as to allow regulated crop based on the schedule set forth in release into the environment, of all parties to adjust their operations to the previous paragraph, APHIS will other GE organisms will be allowed only comply with the new requirements. continue to receive petitions for under permit and subject to strict Some commenters recommended that determination of nonregulated status for standards and, if appropriate, we develop timelines for compliance the crop in accordance with the current supplementary permitting conditions to with each component of the proposed regulations in § 340.6. Accordingly, effectively mitigate any risks that may regulation. Recommendations ranged developers may submit petitions for be associated with such movement or from 30 days (30 days each for the deregulation for any GE plants through release. confirmation and RSR processes) to two April 4, 2021; beginning April 5, 2021, A commenter stated that granting years (for compliance with all of the APHIS will discontinue receiving developers the option to move GE plants new processes). Commenters also petitions for corn, soybean, cotton, under permit in lieu of an RSR raises requested that we provide guidance on potato, tomato, and alfalfa, but will concerns regarding the integrity and the new regulatory framework to aid continue to receive petitions for all robustness of the regulatory process. them in making the transition. other GE plants and organisms. As is Providing a developer the option to APHIS appreciates the commenters’ currently the case, a developer may seek move a GE plant under permit rather concerns and supports a phased a permit or use the notification process than requesting an RSR affords that approach to implementation. This final instead of, or in addition to, submitting developer the benefit of maximum rule identifies a date when each of the a petition. On October 1, 2021, APHIS flexibility in the research and rule’s sections becomes applicable. will discontinue receiving petitions development of novel GE plants. The Implementation of this rule will occur altogether. Similarly, all currently provision does not, however, provide as follows. issued notifications and permits will the developer a means of evading Thirty days following the publication remain valid until the expiration dates regulatory scrutiny of new GE plants, as of this rule, APHIS will discontinue specified in such authorizations, and

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APHIS will continue to receive most reliable indicators of the under permit for one of three reasons: notifications and permit applications organism’s potential for plant pest risk. (1) Because APHIS has conducted an pursuant to the processes in the current If field data are needed to address a RSR and has found a likely or regulations in §§ 340.3 and 340.4, as plausible plant pest risk hypothesis, indeterminate plant pest risk; (2) well as the operational practices those data bearing on whether an because the developer has opted to go associated with those regulations, organism posed a plant pest risk would directly to seeking a permit rather than through April 4, 2021. Beginning April be published in support of APHIS’ requesting an RSR; or (3) because the GE 5, 2021, the notification process will be decision making on the regulatory status plant or non-plant organism fits under discontinued, and all applications for of that plant. one of the regulated categories in permits must be submitted in A commenter stated that APHIS § 340.2. We do not see the need for the accordance with the regulations should further clarify the length of time introductory text that the commenter identified in this final rule. after a permit expires during which recommends, which is likely to be This phased implementation mitigates access to materials and premises must duplicative or unnecessary in many if potential disruption to seasonal field be allowed. The commenter was not all cases. activities and will provide developers concerned that such access could be In addition to the substantive changes with the opportunity to review and misinterpreted to be in perpetuity, discussed above, we are making a adjust to the provisions in this final which is unnecessary. couple of corrections to § 340.5(b)(1) rule. We would require the responsible and (b)(2)(ii). In the former paragraph, Commenters stated that APHIS must person to allow access to where the which contains general information maintain oversight over field trials, and organisms regulated under part 340 are requirements for permit applications, that such trials should be allowed only located, including field test sites after we are adding ‘‘the organism’s genus, under permits that mandate stringent trials are harvested or terminated, species and any relevant subspecies and gene containment protocols with a throughout the volunteer monitoring common name information.’’ Under the management goal of full containment. period described in the permit, which latter, which contains information According to the commenters, may continue after permit expiration. requirements for permits for interstate safeguards and monitoring must be Access to premises where regulated movement and listed, among other required for the organism during field organisms are maintained must be things, in the June 2019 proposed rule, trials, and monitoring should include allowed throughout the volunteer ‘‘a description of the method of tracking changes associated with monitoring period even if the permit has shipment, and means of ensuring the ecosystem harm, such as degradation of expired, unless the product has been security of the shipment against water quality, air pollution, climate devitalized or APHIS has conducted an unauthorized release of the organism,’’ impacts, or loss of biological resources. RSR and determined it to be not subject we are including a requirement that the It was also stated that APHIS should to part 340. quantity of the GE organism also be publish the results of APHIS supervised Two other recommendations by listed. In both cases, the requirements field trials where they will be publicly commenters were that we develop a were in the current regulations but were accessible, and that permit requirements publicly available database listing all inadvertently omitted from the June should include buffer zones for GE crop permits issued by APHIS and their 2019 proposed rule. fields that adjoin organic and non-GE requirements, and that we provide for crop fields to reduce GE trait and pre-approvals of containment facilities Record Retention, Compliance, and chemical drift. for high-risk organisms, with permits Enforcement APHIS has established and will tiered to the approved facility number. Numerous commenters identified continue to establish appropriate We thank the commenters for these concerns about the record retention oversight requirements for crops grown suggestions. APHIS may explore these requirements described in proposed under permit, including isolation ideas in the future as we develop more § 340.6. Issues discussed included requirements based on the reproductive experience with permits under the new overall clarity and scope, timeframes, ecology of the plant species to prevent regulations, though we do not believe and reporting requirements. gene flow to plants not under the that it is necessary to implement (or to Some commenters suggested that we permit. APHIS does not believe that decide whether to implement) these needed to clarify our recordkeeping and ecosystem impacts, such as degradation ideas immediately. For example, our reporting requirements by adding more of water quality, air pollution, climate ongoing experience with permits specific detail about what information impacts, or loss of biological resources involving containment facilities may APHIS will require and when. unrelated to plant pest risk, require lead us at some point to consider a The reporting and recordkeeping tracking or monitoring under the part specific pre-approval process for certain requirements in § 340.6 of the June 2019 340 regulations, and notes that growing facilities as suitable for higher-risk proposed rule did provide specific non-GE plants may give rise to similar organisms. details regarding the types of records impacts. Under this rulemaking, there is Finally, one commenter stated that that need to be kept and the timeframes no requirement that developers submit each permit should contain introductory for retention, in paragraphs (a) and (b), field-trial data to APHIS, although they text describing the unreasonable risk to respectively. At the same time, the may do so if they choose to support an U.S. agriculture that the permit is requirements that we proposed align RSR or confirmation letter request. As designed to prevent. The commenter with our historical approach, which has we noted in the preamble to the further stated that if no such plausible provided flexibility based on variations proposed rule, APHIS’ experience in description can be proffered, then in operations performed by different preparing risk assessments in APHIS would have no reason for entities and different subparts of a accordance with the petition process exercising oversight over, or requiring a single entity. As reflected in indicates that field trial data are permit for, the movement of the GE § 340.6(a)(1), which refers the reader generally not necessary unless they organism for which APHIS intends to back to the permit-related reporting and address an identifiable plausible issue the permit. recordkeeping requirements in § 340.5, pathway to plant pest risk. The Under the new regulations, GE many of the recordkeeping and introduced trait and MOA provide the organisms will be required to move reporting requirements of this

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rulemaking will depend on the nature of of regulated organisms shall be Furthermore, adopting the commenter’s the GE organism and the intended included. A storage facility is recommendation could raise concerns activity and will be included in the considered by APHIS to be a destination about disparate treatment. The comment permit conditions. (premises). APHIS needs to know where did not include size criteria or It was suggested that some of the the regulated GE organism has been definitions or a description of a process proposed information requirements maintained in order to perform effective that would enable APHIS to make a fair were duplicative. One commenter stated compliance oversight. determination of who could or could that APHIS requires information about We received comments that supported not submit documents for APHIS to the location of a field release site to be our proposed timeframes for record retain. included in the permit application and maintenance and other comments that Finally, one commenter then requests the same information expressed concerns about the recommended that APHIS utilize the again after planting, resulting in timeframes. APHIS-initiated amendment procedure duplicate or nearly duplicate records One commenter raised concerns about for site-specific enforcement in requests. The commenter stated that APHIS’s ability to respond to incidents instances of noncompliance and amend APHIS also requests the identity of the effectively if APHIS retained records § 340.6(c)(i) to explicitly allow the material being planted (the construct ID) associated with regulatory activities for Administrator to deny an application or on the application and then requests the only 2 years. withdraw a permit ‘‘in whole or part.’’ same information again on the planting The commenter may have The commenter contended that this report. According to the commenter, misunderstood the recordkeeping would provide APHIS the flexibility to during inspections this information is requirement in § 340.6(b). The apply site-specific, measured often requested a third time. The requirement that all records indicating enforcement. commenter stated that this duplication that an organism that was imported or APHIS agrees with the intent of the could be eliminated with no detrimental moved interstate under permit reached comment but disagrees with the effects on compliance by having its intended destination be retained for suggestion that a regulatory text change applicants provide it on the permit 2 years applies to the responsible is necessary, because the permit- application and then having APHIS person(s) rather than APHIS. APHIS did amendment provisions in § 340.5(j)(2) verify it during inspection. not propose any changes to the duration already allow us sufficient flexibility to These requirements are not or type of records that APHIS will respond to compliance issues in the duplicative, and it is not particularly retain. The proposed 2-year retention manner recommended by the onerous to comply with them. requirement did represent an increase commenter. Information submitted in a permit from the one in the existing regulations, Confidential Business Information (CBI) application is used for specific release which was 1 year. APHIS believes that site analysis. Post-planting reports this 2-year record retention requirement Commenters took divergent views on provide APHIS with critical information provides sufficient time to ensure that the issue of the proposed Confidential related to the activity that has been regulated material has safely and Business Information (CBI) exemptions conducted under an APHIS-issued securely reached the intended in the proposed rule. Some thought the authorization. The information destination, without imposing an undue exemptions, as explained in the submitted post-planting facilitates burden on regulated parties. preamble to the proposed rule, did not effective compliance oversight. Planting One commenter viewed the provide enough protection for does not occur for every genetic requirement to retain records of submitters, while others thought that construct and location that is approved permitted activities for 5 years as the exemptions were too broad. in an authorization. APHIS needs burdensome for small entities and urged Several commenters stated that CBI documentation (post-planting report) of us to ameliorate that burden by offering protections should extend to which constructs are planted at each small entities an option to deposit such information pertaining to MOA and specific field release site in order to records electronically with APHIS for other information required to be perform effective compliance oversight. retention. submitted for an RSR or needed by Additionally, this requirement We do not agree with this comment. APHIS to confirm a determination by a addresses recommendations issued by APHIS does retain the records of developer that its product is exempt USDA’s OIG following audits performed permitted activities that are submitted from these regulations. Some in 2015. to APHIS, such as required reports and commenters also suggested that A commenter recommended other information needed to determine submitters may forgo seeking eliminating the requirement in compliance. Large and small regulated confirmation or an RSR, and may opt to § 340.6(a)(2) that records be kept to entities also generate and retain records go under permits, if the MOA will be identify all locations where organisms that they may not be required to submit made public after a product has come under permit were stored. The to APHIS but are kept to demonstrate through the confirmation or RSR commenter noted that while APHIS compliance with permit conditions and process, because submitters want to regulates interstate movement, the for the entities’ own stewardship protect that information. proposed definition of move does not purposes. Should those types of records As noted in the preamble to the include ‘‘store.’’ be submitted to APHIS for retention, proposed rule, APHIS intends to release We do not agree with this comment. they would then be considered Federal a general description of the plant, the Under § 340.5(b)(2)(i), all permit records subject to the Freedom of trait, and the MOA of GE plants that go applications must include, among other Information Act (FOIA), which, among through an RSR, but APHIS would do so things, information on the origin and other things, would give rise to without revealing CBI. APHIS would destination of a GE organism moved considerable administrative burdens for similarly release a general description of under permit, including information on APHIS, which would be obliged (for the plant, trait, and, as applicable, the addresses of all intermediate and final instance) to protect submitters’ MOA associated with confirmation destinations. Additionally, § 340.5(b) confidential business information in requests, again without revealing CBI. states that within the permit maintaining such records and APHIS wants to clarify that we are not application, locations and destination(s) responding to FOIA requests. requiring submitters to waive their

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applicable CBI claims. Further, as we from the process that occurs under the We received many comments on this noted in the preamble, certain technical current regulations. issue. Some commenters expressed information, such as data that could be The process for submitting and concern that the proposed change to our used to re-create an organism and that justifying CBI claims will not change regulatory approach to PMPI-producing were not otherwise made publicly under this rulemaking. Persons plants would weaken or eliminate available by the submitters, may be submitting any document to APHIS in APHIS’ oversight of them. Others eligible for CBI designation. To the accordance with the regulations must favored less regulatory oversight of extent that CBI claims exist, APHIS will identify those portions of the document PMPI-producing plants than that review them, consistent with applicable deemed to be CBI. Each page containing provided in the existing regulations. laws and statutory authorities, on a such information must be marked ‘‘CBI Still others requested that we provide case-by-case basis. Submitters will be Copy.’’ A second copy of the document greater clarification of our regulatory given the opportunity to review and must be submitted with all such CBI approach to PMPI-producing plants comment on a proposed general deleted, and each page where the CBI under this rulemaking and emphasized description prior to public disclosure. was deleted must be marked ‘‘CBI the need for cooperation among Regardless of CBI determination, Deleted.’’ In addition, any person regulatory agencies. These varying developers will have the flexibility to submitting a CBI exemption request viewpoints are discussed in greater select the regulatory options, whether must justify the request by detail below. RSR or permit, that they deem best for demonstrating how each piece of Some commenters stated that as a their business needs. information to which the request result of this rulemaking, APHIS would Other commenters expressed concern applies is a trade secret or is commercial abdicate its oversight role, leaving the that extensive granting of CBI or financial information and is thereby planting of PMPI-producing plants designations could impede the ability of privileged or confidential. essentially unregulated. As a result, developers to determine whether their Economic Analysis according to these commenters, our products are eligible for exemption, and agricultural food systems could be made Some comments directly addressed could impede peer-reviewable risk vulnerable to introduction of assessment. These commenters favored the economic analysis that accompanied the June 2019 proposed rule. It was experimental GE crops, and posting confirmation requests and environmental quality and human responses and RSR determinations claimed that the analysis was light on data characterizing the potential health could be negatively affected online. It was suggested that if such data based on the end use of those crops for are not available, developers will lack economic and social impacts of the proposal. It was also stated that we did pharmaceutical or industrial purposes. the necessary information to make One commenter expressed concern that reliable determinations for their GE not offer sufficient analysis of the challenges of assuring other countries PMPI-producing plant developers plants and may choose permitting would be able to determine for instead. According to these commenters, that imports of GE products from the themselves whether their products are this would attenuate the regulatory United States are safe and meet the eligible for exemption. All of these relief that is one of the objectives of this importers’ requirements. commenters urged us to maintain our rulemaking. In the analysis accompanying the June APHIS will post confirmation 2019 proposed rule, we did request existing level of regulatory oversight of requests and responses, as well as comments from the public on the PMPI-producing plants. determinations of nonregulated status potential economic impacts of the rule Some commenters favored still more pursuant to the outcomes of initial on affected entities. Most of the stringent requirements. They argued in RSRs, on the APHIS website, with CBI commenters who addressed potential favor of more restrictive oversight of redacted. When additional review is economic impacts did so as part of a PMPI-producing plants than was requested, as discussed earlier in this broader discussion of other issues, such provided for in either the proposed rule document, the analysis, outcome, and as the potential economic effects of or the existing regulations. They supporting documents will be published commingling, rather than addressing the asserted that allowing PMPI-producing in the Federal Register and on the economic analysis directly. Commenters plants to be grown outdoors without website, also with CBI redacted. We did not supply actual data that would APHIS oversight does not comport with recognize that, in some cases, have aided us in characterizing the OIG’s recommendations on information necessary for researchers potential social and economic impacts regulating PMPI-producing plants to and developers to make determinations of the proposed rule. We do discuss prevent inadvertent release. pursuant to § 340.1(c) may not be made potential international trade issues at Finally, a few commenters stated that public, due to CBI claims. some length later in this document. they did not consider PMPI-producing Commenters also expressed the view plants to present inherent risks and Regulation of Plants That Produce Plant- that mandatory field trial data should argued that developers of PMPI- Made Pharmaceuticals and Industrials not be eligible for CBI exemption. producing plants should be able to Under this rulemaking, there is no (PMPIs) sufficiently self-regulate the planting of requirement that developers submit We stated in the June 2019 proposed such plants. Some of these commenters field-trial data to APHIS, though they rule that the likelihood existed that took the view that APHIS’ regulatory may do so if they choose to support an most, if not all, GE PMPI-producing oversight over PMPI-producing plants RSR or confirmation letter request. As plants that are currently under APHIS was, if anything, already excessive and noted above, APHIS would allow only permits could be determined to be not would remain excessive or become still CBI exemptions that are consistent with regulated if an RSR found them to be more so under the proposed rule. One applicable case law and statutory unlikely to pose a plant pest risk. We commenter stated that developers authorities. also noted that our proposed rule should be given the option to be A commenter requested that we envisioned that were this to occur, such regulated by the agency most relevant to clarify how the process for submitting plants could be grown outdoors without their GE products. Other commenters CBI exemption requests and the need for APHIS permits and without stressed the need for APHIS and FDA to justifications for exemptions differs APHIS oversight. have a memorandum of understanding

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(MOU) for the regulation of PMPI- conditions for diverse plants, traits, require permits for PMPI-producing producing plants. MOAs, geographic locations, and plants. After considering the comments agroecological conditions. Regardless of In such instances when the risks received, we have decided to continue whether the plant is a PMPI-producing associated with a plant or organism are to maintain regulatory oversight of plant or not, these permit conditions not fully understood, APHIS has PMPI-producing plants by continuing to have been successful in ensuring that interpreted its authority under sections require permits for their movement. We genetically engineered plants are 7711 and 7712 of the Plant Protection are adding this requirement to § 340.2 of confined to the field trial location. Act and its predecessor statutes to this final rule as paragraph (e), which Based on our experience in permitting provide a basis for regulating the plant states that a permit is required for the field trials of genetically engineered or organism based on our best movement of a plant that encodes a plants, we are confident in our ability to understanding of the risks presented product intended for pharmaceutical or devise appropriate permit conditions to (see 58 FR 17047; 68 FR 46434–46436). industrial use. Accordingly, PMPI- ensure confinement of all regulated Accordingly, APHIS will continue to producing plants will not be eligible for plants, including PMPI-producing exercise its authority under the Plant the RSR process. We also have plants as we have done for the past 17 Protection Act to maintain regulatory determined that APHIS can continue to years. oversight of PMPI-producing plants. exercise oversight of PMPIs pursuant to For this same reason, we do not FDA has authority under the Federal our existing statutory authority under consider it necessary to regulate PMPI- Food, Drug, and Cosmetic Act (FFDCA, the PPA. We discuss how we arrived at producing plants as Federal noxious 21 U.S.C. 301 et seq.) to take action to this determination below. weeds in accordance with our have foods withdrawn from the market The commenters who favored more regulations in 7 CFR part 360, one of the if they contain PMPIs not approved for stringent oversight of PMPI-producing options which we mentioned in the use in food. FDA also regulates drugs plants than under the current proposed rule. We believe that doing so and human biological products under regulations often considered them to could suggest that APHIS has identified the FFDCA and therefore would have present a significant inherent risk by unique risks associated with PMPI- oversight over such products from virtue of being PMPI-producing plants producing plants based on our data PMPI-producing plants. FDA has not traditionally overseen field trials of and/or considered our existing since 2003; this is not the case. Instead, regulations in part 340 to contain PMPI-producing plants. APHIS will we agree with those commenters who inadequate safeguards. maintain the status quo by continuing to have asked us to maintain our current We do not agree that more regulatory require permits for movement and level of regulatory oversight based on oversight of PMPI-producing plants than environmental release of all PMPI- the framework first elucidated in 2003. under the current regulations is producing plants. It is not clear to us warranted, and we do not consider our The commenters who urged us to how an MOU between FDA and APHIS current regulatory framework to provide continue to exercise a similar or greater would be beneficial in providing inadequate safeguards. Since 1994 (58 level of regulatory oversight of PMPI- oversight. FR 17047), we have required permits for producing plants do raise a salient One commenter recommended that the movement of plants that produce point: PMPI-producing plants are not we list categories of the types of PMPI- pharmaceutical compounds. In 2003, developed for food or feed use and can producing plants that could generate APHIS published an interim rule in the encode compounds that are intended to food adulteration, should they find their Federal Register (68 FR 46434–46436, have a physiological effect in humans or way into the food supply, and regulate Docket No. 03–038–1) that extended this animals. This is important for several only those types of PMPI-producing permitting requirement to plants that reasons. plants. produce industrial compounds; that First, in the 2003 interim rule that Another commenter stated that we same year, we implemented additional required permits for plants that encode needed to clarify and possibly refine our safeguards for PMPI-producing plant for industrials, we stated that APHIS’ overall regulatory approach to PMPI- field trials that exceeded those regulatory experience and scientific producing plants. The commenter previously in effect. These added familiarity lay primarily at the time with expressed a concern that a lack of clarity safeguards, which were implemented as GE plants produced for food or feed. may result in unnecessary costs and permitting conditions, included This remains the case; while the Agency time delays in bringing new products to requiring location coordinates, certainly has more familiarity with market, thereby disproportionately authorizing release only in low- PMPI-producing plants than we impacting smaller developers and production geographies for the possessed in 2003, PMPI-producing limiting the availability of new particular crop at issue, requiring plants account for less than one percent opportunities for farmers. As an dedicated equipment, and providing for of the total number of GE plants for example of a possible refinement to our frequent inspections of each trial site. which we have issued permits, and regulatory approach, the same Since 2003, permits for field trials of none have been designated commenter suggested that in regulating PMPI-producing plants have made up a nonregulated. Accordingly, the Agency PMPI-producing plants, APHIS should small percentage of the overall permits still has significantly more experience consider the likelihood that PMPI- that APHIS has issued pursuant to the with GE plants that produce food or producing plants will be produced in regulations in part 340. In the feed than with those that produce niche crops, which can be readily intervening 17 years, we have not PMPIs. segregated from commodity crops, thus encountered any issues with field trials Second, as we set forth in the reducing the potential for their entering of PMPI-producing plants that call into proposed rule, the intended use of the food chain. question the overall adequacy of our PMPIs makes them differently situated APHIS does not plan to develop a list permitting conditions for PMPI- than other GE plants regulated by of food adulterants or of categories of producing plants. Furthermore, over APHIS, such that additional evaluation the types of PMPI-producing plants that time, APHIS has regulated a large beyond RSR may be needed. We could generate food adulteration. As number of field trials of non-PMPI therefore consider it appropriate to noted above, the primary oversight producing plants under permit maintain the status quo and continue to authority in matters concerning food

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safety involving plants, such as whether planted on 10 acres or less because allows EPA to promulgate regulations to the presence of a particular substance in APHIS has exercised such oversight. exempt from the requirements of FIFRA a food would make it adulterated, rests Accordingly, APHIS will continue to any pesticide which the Administrator with FDA rather than APHIS. With conduct oversight over PIP-producing determines is ‘‘of a character which is regard to the latter comment, in plants at all scales unless the PIP- unnecessary to be subject to [FIFRA] in establishing permitting requirements for producing plant were to meet the order to carry out the purposes of PMPI-producing plant field trials, conditions for an exemption from [FIFRA].’’ Pursuant to this statutory APHIS does take into consideration the regulation in our revised regulations, or authority, EPA’s regulations in 40 CFR specific crop in which the PMPI is were determined following RSR not to part 174.21 set forth criteria used by produced. be covered by the regulations. If APHIS EPA for exempting PIPs from FIFRA determines that a PIP-producing plant is requirements, including that the genetic Regulation of Plant-Incorporated not regulated under these regulations; material encoding the PIP or leading to Protectants (PIPs) EPA would still retain regulatory the production of the PIP is from a plant As noted in the preamble to the June authority and may decide to require an that is sexually compatible with the 2019 proposed rule, certain plants are Experimental Use Permit and provide recipient plant. These criteria currently genetically engineered to produce PIPs, oversight of field trials under 10 acres. do not pertain to GE plants containing meaning that they produce pesticides. APHIS has avenues for cooperation with PIPs. PIPs fall under the regulatory oversight EPA, such as an agreement to provide However, if EPA were to establish of EPA. However, because EPA oversight assistance to EPA under the criteria for exemption from FIFRA for generally only requires Experimental Economy Act, should EPA decide that certain additional plants containing Use Permits for field tests on 10 acres oversight of small PIP field trials is PIPs, plants meeting those criteria or more of land, only APHIS has appropriate. would, by statute, have been determined historically exercised regulatory We have, however, decided to modify by EPA to be of a character unnecessary oversight over plantings of PIP- this final rule slightly to clarify the to be subject to FIFRA in order to carry producing plants on 10 acres or less of nature of this interaction between out the purposes of FIFRA. Because EPA land. APHIS and EPA regarding PIPs. As could not make such a broad Under the provisions of the June 2019 noted above, we are adding a new determination without consideration of proposed rule, there would be a § 340.5(g) stating that a permit is not the effects of such plants on the likelihood that many PIP-producing required for the movement of any GE environment, including risks to other plants that are currently regulated under plant modified solely to contain a PIP plants, we are exempting such plants APHIS permits or notifications could be that is currently registered with EPA as from APHIS permitting requirements, as determined not to be covered by the a pesticide product pursuant to the well. regulations after RSRs, because such Federal Insecticide, Fungicide, and Other commenters expressed concern plants are unlikely to pose greater plant Rodenticide Act (FIFRA, 7 U.S.C. 136 et that small releases of PIP-producing pest risks by comparison with their seq.), or that is currently exempted from plants that are not currently subject to comparators. Such plants could FIFRA pursuant to 40 CFR 174.21. APHIS regulations could be regulated therefore be grown outdoors without the Under FIFRA, EPA is authorized to under this rule. need for an APHIS permit and without regulate pesticides. Pursuant to FIFRA, It is true that a GE PIP-producing undergoing APHIS oversight. Thus, EPA regulates certain PIPs as plant that is not created using a plant Federal oversight over small-scale (10 ‘‘substances,’’ and has established a pest as a donor organism, recipient acres or less) outdoor field test plantings registration process for their use as organism, or vector or vector agent, was of some PIPs would rest solely with pesticides. In determining whether to previously exempt from APHIS EPA. grant a registration for a PIP with regulations under part 340 but could fall Commenters expressed a broad range pesticidal properties, EPA conducts within the scope of these revised of views regarding the scope of our ecological risk assessments to determine regulations if it does not qualify for an regulatory oversight over PIP-producing what risks are posed by the PIP and exemption under § 340.1 or under new plants. Some commenters expressed the whether changes to the use or proposed § 340.5(g). This is, in fact, true of all GE view that APHIS should leave the use are necessary to protect the plants that are created without the use regulation of PIPs entirely to EPA. environment. The product is registered of a plant pest donor organism, recipient Others stated that APHIS should under FIFRA and thereby eligible for organism, or vector or vector agent. continue its oversight over PIP- sale on the market if the results of the However, as we discuss at greater length producing plants in coordination with risk assessment indicate that the in the economic analysis that EPA to ensure that PIPs are regulated at pesticide will not pose any accompanies this final rule, we believe all scales. Concerns were expressed by unreasonable risks to wildlife and the the number of producers and products some commenters about what they environment. Environmental effects that may be newly regulated as a result perceived as potentially a broadened considered include effects on nontarget of this rule is extremely small. regulatory scope. It was stated that small organisms. A PIP that is currently Moreover, we are not aware of any GE releases of PIP-producing plants that are registered will have undergone such a PIP-producing plant that has been not currently subject to APHIS risk assessment and will therefore have produced to date without the use of a regulations could be regulated under the been determined not to pose plant pest as the donor organism, proposed rule. unreasonable risks to other plants. For recipient organism, or vector or vector After reviewing these comments, we that reason, we can exempt, and have agent. have decided that the approach decided to exempt, such PIP-producing Finally, one commenter stated that presented in our June 2019 proposed plants from our regulations. regulating PIPs more strictly than rule remains appropriate. All PIPs, as We can also exempt, and have regulating chemicals is not scientifically noted in that rule, are properly under decided to exempt, modified PIP- justifiable. The commenter noted that the regulatory oversight of EPA; to date, producing plants that EPA has EPA considers biological pesticides, EPA has not seen a need to exercise exempted from FIFRA pursuant to 40 including PIPs, to ‘‘generally pose less oversight over PIP-producing plants CFR part 174.21. Section 25(b) of FIFRA risk than most conventional pesticides.’’

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This comment pertains to EPA’s assessment principles, but (2) has not for Agricultural Biotechnology Products regulatory structure for PIPs. As such, it yet been approved by an importing (June 11, 2019, E.O. 13874) to ‘‘provide is outside the scope of the current country. Additionally, the commenter leadership in international fora to rulemaking. interpreted the U.S.-Mexico-Canada promote scientific competency, Agreement (USMCA) to expressly understanding of the U.S. regulatory International Trade Implications commit all three countries to develop a approach, and regulatory compatibility A number of commenters expressed low-level presence policy for imports. worldwide for biotechnology the concern that the regulatory approach To maintain global acceptance for its products.’’ 11 For the past several years, that underpins this rulemaking is out of regulatory approach, APHIS needs to APHIS has shared rationales, step with that of key international continue to maintain and enhance its experience, and information on markets and governments. It was credibility and its leadership role in the potential regulatory changes with U.S. suggested that the rule could result in field of biotechnology regulation. It was trade agencies (e.g., the United States greater asymmetry in regulatory with that goal in mind that we proposed Trade Representative, the Department of approach between APHIS and U.S. these new regulations, which reflect State, the USDA Foreign Agricultural trading partners, thereby endangering both the knowledge we have gained, Service), U.S. trading partners, like- U.S. export markets, and that obtaining over the more than 30 years since we minded countries, and other countries international acceptance of our new first promulgated our biotechnology in order to garner understanding and regulatory approach should be a regulations, and new developments in support for this updated regulatory precondition for finalization. A the field. approach. APHIS intends to continue commenter further stated that we need While it is gratifying that the APHIS such engagement. to balance our regulation of GE system of regulation is perceived to organisms with the need for industry to provide protection against commingling Statutory Authority, Jurisdiction, and comply with international markets that or low level presence of plant products Interagency Coordination are sensitive to the unintended presence that are unwanted or are unauthorized We received many comments of GE organisms in non-GE products. in foreign (or even domestic) markets, regarding our statutory authority, or lack The fundamental APHIS protection the PPA, under which these regulations thereof, to implement our proposed goal under our regulations in part 340, are promulgated, does not authorize regulations. Some commenters claimed which stem from and are delimited by APHIS to use the potential for low level that we did not have such authority, our statutory authority to regulate plant presence as a basis for determining while others expressed the view that we pests under the PPA, is to protect regulatory status or for monitoring what were abdicating the authority we do agriculture against increased plant pest has been commercialized. USDA risks resulting from GE organisms. This recognizes the focus of the Codex possess and, in some cases, failing to regulatory approach has always been Guideline for the Conduct of Food meet our statutory obligations. Some of different from that of other national Safety Assessment of Foods Derived these issues have already been systems, which may not necessarily from Recombinant DNA Plants (2003) discussed elsewhere in this document focus on plant pest risk and instead may and the associated annex addressing in relation to topics such as allowing be technique-based. Nevertheless, our low level presence, an international developers to determine whether their trading partners have historically judged standard. However, we note that the products are eligible for exemption. our approach to be acceptable, as it is subject of this guidance and its agreed- As noted above, we base our transparent and science- and risk-based. upon annex is for food safety alone. determinations of regulatory status on Trading partners that have understood USDA–APHIS reviews GE plants for the whether a GE plant or its sexually and accepted our regulatory system will potential for plant pest risk, not food compatible relatives could pose an not find our updated approach to safety. increased plant pest risk relative to the meeting the same objectives confusing. Finally, we disagree with the comparator(s). One commenter asserted Thus, we do not see this revised system commenter’s interpretation of the that the PPA gives the Secretary the as less compatible with those of our USMCA. We note that it instead authority to develop regulations for the trading partners than in the past. As we stipulates that each Party shall adopt or movement of plant pests only, and not have in the past, we will continue to maintain policies or approaches the authority to develop regulations for provide technical expertise, designed to facilitate the management of the movement of organisms that pose a information, and explanation to our any LLP Occurrence. It does not plant pest risk. trading partners regarding our mandate development of an overarching We do not agree with this comment. regulatory system and determinations of policy. In addition to the authority to regulate regulatory status. Elaborating on the concerns discussed the movement of plant pests under It was further stated by commenters above, some commenters emphasized § 7711 of the PPA, including ‘‘[a]ny that a possible consequence of the the need for APHIS to develop and article similar to or allied with any of unwillingness of trading partners to execute an international engagement the’’ specific plant pests listed in accept our new regulatory approach strategy with our trading partners that § 7702(14), as cited by the commenter, could be the undermining of the explains the rationale for APHIS’ pre- we note that § 7712 of the PPA progress being made in the Global Low- market regulatory approaches. specifically provides the Secretary with Level Presence Initiative (GLI), in which For 30 years, APHIS has consistently broad authority to protect plants by countries (including the United States) engaged and led in many international regulating the movement of, among are striving to achieve a science-based contexts to provide knowledge of its other items, plants and articles in order and risk-based approach that would regulatory policy, science, and systems to prevent the introduction or allow for a commercially achievable to encourage the safe development and dissemination of a plant pest within the tolerance for the presence of a trade of the products of agricultural United States. biotechnology-enhanced trait that (1) biotechnology. Most recently, APHIS has been approved as safe by an has worked to implement the 11 National Strategy for Modernizing the exporting country based upon scientific Presidential Executive Order Regulatory System for Biotechnology Products. analysis and CODEX-adopted risk Modernizing the Regulatory Framework September, 2016.

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As noted many times in this APHIS recognizes that genetic 7758(c)). We also do not perceive a basis document, for GE organisms that fall engineering may be used to introduce a at this time for overhauling part 360 under the regulations, permits are trait that increases the distribution, noxious weed regulations, which we required for three activities: density, or development of a plant or believe have functioned well over the Importation, interstate movement, and the weedy impacts of the plant, factors years, or establishing alternate environmental release. One commenter that are considered aspects of a plant’s regulations in title 7 governing noxious asserted that regulation of weediness. Accordingly, we would weeds. environmental releases done within a continue our current practice of Other commenters expressed the State or territory is unconstitutional. considering the weediness of the concern that by asserting our statutory We do not agree with this comment. unmodified plant and whether the new authority narrowly and emphasizing The impact of an unauthorized trait could in any way change the deregulation in this rulemaking, we environmental release may extend weediness. We would also consider could be creating a regulatory vacuum. beyond the borders of the State in which potential effects on the weediness of It was suggested that States or localities the GE organism was released. See Atay other plants with which the engineered may take advantage of that vacuum and v. County of Maui, 842 F.3d at 701–02 plant can interbreed, because it is assert their own authorities, possibly (‘‘Under the PPA, ‘movement’ is defined relevant to the assessment of the plant’s intervening to disrupt necessary field broadly and expressly includes a plant’s plant pest risk. Plants and their sexually trials. ‘release into the environment,’ [7 U.S.C.] compatible relatives could have With regard to overall scope, the § 7702(9)(E), such as open-air field increased importance as reservoirs for regulations proposed under part 340 are testing of GE plants. Experimental GE plant pests if they are distributed functionally equivalent to the rules under which APHIS has been operating plants grown on test fields in Maui are differently, are more prevalent, or are for essentially three decades. Under the without doubt involved in interstate altered with respect to the time period existing regulations, APHIS commerce. Setting aside the global during which they serve as a host for communicates with and cooperates with market for GE seed crops, seeds and plant pests due to the introduced trait. State and local governments as other organisms carried afield by wind As part of the RSR, APHIS would appropriate and as circumstances or other vectors ‘‘do not acknowledge continue to consider whether the trait warrant, including for coordination of State lines.’’ 52 FR 22892, 22894 (June might change plant pest interactions, enforcement and permitting activities. 16, 1987).’’) (citation omitted); id. at 702 establishment, and persistence for both APHIS does not anticipate that the (‘‘While the phrase ‘movement in the plant engineered and any other working relationship with State and interstate commerce’ within the plants with which it can interbreed. If the plant had the potential to be a truly local governments will be changed in meaning of the PPA’s preemption clause any significant way based upon troublesome and impactful weed, we may be narrower than the full scope of issuance of this rule. Federal courts would need to consider whether the Congress’s Commerce Clause power, we have already considered the plant with the specific trait being find that the phrase encompasses applicability of preemption principles evaluated should be considered for federally regulated GE crops grown in in this area, including by applying the regulation pursuant to our separate Hawaii. [The plaintiff’s] narrower Plant Protection Act’s express statutory authority to regulate noxious interpretation, which would limit the preemption provision, 7 U.S.C. 7756. weeds and the regulations issued under scope of the preemption clause to local See generally Atay v. County of Maui, that authority. The proposed regulation laws addressing plants that are in the 842 F.3d at 698–705. act of traveling to or through at least one does not change this analysis. Some commenters addressed issues of other State, is less consistent with the APHIS disagrees with the proposition interagency and intra-agency statute’s larger context and purpose, that APHIS is statutorily obligated to coordination in the regulation of GE which clearly envisions the integrate noxious weed authority into a products. A commenter suggested that dissemination of plants and seeds from revised part 340. In the PPA, Congress we needed to coordinate with EPA to fields as implicating movement in identified plant pests and noxious improve the commercial availability of interstate commerce. See, e.g., 7 U.S.C. weeds as separate concerns, and herbicide resistant crops, concomitant 7711(a). Indeed, Congress expressly delegated authority to the Secretary to with the registration of herbicides for recognized in the PPA that ‘all plant determine how to best use this use on those crops. The commenter pests, noxious weeds, plants, plant authority. See, e.g., 7 U.S.C. 7711, 7712, stated that the asynchronous timing of products, articles capable of harboring 7754, 7758(c); see also Center for Food USDA’s deregulation of an herbicide- plant pests or noxious weeds regulated Safety v. Vilsack, 718 F.3d 829, 843 (9th resistant crop cultivar and of EPA’s under this chapter are in or affect Cir. 2013) (‘‘Plant pests and noxious associated herbicide registration has led interstate commerce.’ Id. § 7701(9).’’) weeds are regulated under separate to some scenarios in which growers are (citation omitted). regulatory frameworks. Regulations for tempted to illegally apply unregistered In contrast to the comments discussed plant pests are contained in 7 CFR parts herbicide formulations. Another above, which questioned the reach of 330 and 340 while the regulations commenter stated that duplicative our authority to regulate, other governing noxious weeds are contained regulations from oversight agencies, comments faulted us for not using our in 7 CFR part 360. The separate including FDA, EPA, and APHIS, authority to regulate noxious weeds regulatory frameworks for plant pests should be streamlined into a common under the PPA. It was stated that by not and noxious weeds are consistent with regulatory oversight regime depending considering noxious weed potential as a standards of the statute treating plant on the product and its intended use. criterion for determining regulatory pests and noxious weeds separately. The interagency working group which status of GE organisms, we restrict our Indeed, the PPA kept in place the drafted the Coordinated Framework authority under the PPA. One separate regulatory frameworks for plant sought to ensure regulation adequate to commenter argued that APHIS is pests and noxious weeds that were ensure health and environmental safety statutorily obligated to integrate and originally promulgated under the while maintaining sufficient regulatory apply the noxious weed authority to GE Federal Plant Pest Act and the Federal flexibility to avoid impeding beneficial crops. Noxious Weed Act.’’) (Citing 7 U.S.C. innovation. The former commenter

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believes that a delay in USDA regulatory Services (BRS) and Plant Protection and the 1980s among USDA, FDA, and EPA decisions to better coordinate with EPA Quarantine (PPQ)—that regulate, among regarding federal biotechnology registration decisions will curtail other things, GE and non-GE plants, regulation. The commenter states that growers and applicators from illegally respectively. The commenters expressed the proposed rule amended part of this applying unregistered herbicide concern that some of the revisions we Coordinated Framework without fully formulations. However, USDA needs to proposed, in particular those in § 340.2, engaging EPA and FDA and did not consider whether additional regulatory may create opportunities for duplicative reflect a truly holistic approach, in the burden is warranted or legally regulation of products under part 340 by spirit of the Framework, to updating the appropriate, given that the pesticide BRS and under 7 CFR part 330 by PPQ. regulatory landscape for certain GE activity noted is already considered to The regulations in part 330 govern the plants. The commenter strongly believes be illegal by existing regulation. We movement of plant pests, biological that APHIS should follow the intent of note that one of the purposes of the control organisms, and associated the Coordinated Framework. Coordinated Framework is to ensure articles, such as soil. Prior to a final APHIS has continued to coordinate that there is a standard mechanism for rule 12 published in the Federal Register with our Coordinated Framework communication and, to the extent on June 25, 2019 (84 FR 29938–29967, partners at FDA and EPA on an ongoing possible, coordination among FDA, Docket No. APHIS–2008–0076), the basis, and we are committed to EPA, and APHIS as they perform their regulations in part 330 had specifically continuing this coordination with the respective regulatory functions. USDA exempted from regulation under that implementation and operationalization and EPA are in communication over the part any plant pests that had been of this rule. In 2017, the three agencies overarching purpose of coordination as genetically engineered, as that term was collaborated on an update to the it pertains to the pesticide regulatory defined in § 340.1. In the June 25, 2019 Coordinated Framework. This update issues identified by the commenter. At final rule, that specific exemption was was intended to: the same time, this rule does not impose removed from part 330. In its place, a • Clarify which biotechnology delays on USDA decision making based requirement, currently found in product areas are within the authority on factors within the regulatory § 330.200(a), was added. This new and responsibility of each agency; • jurisdiction of other agencies, nor do we requirement provided that plant pests, Clarify the roles each agency plays think that such delays would be biological control organisms, and in regulating different product areas, appropriate. associated articles that are not particularly for those products that fall With regard to the latter commenter, authorized for importation, interstate within the scope of multiple agencies, while FDA, EPA, and APHIS have movement, or environmental release in and how those roles relate to each other distinct areas of regulatory oversight in the course of a regulatory assessment; accordance with part 330, and are not • relative to GE organisms, the Agencies explicitly exempted from regulation Provide a standard mechanism for are committed to implementing under part 330, must be authorized for communication and, as appropriate, Executive Order 13874, including its importation, interstate movement, or coordination among agencies while they requirements that EPA and USDA environmental release under other perform their respective regulatory streamline regulations and guidance regulations in title 7 of the Code of functions, and identify agency designees documents within their purview and Federal Regulations in order for that responsible for this coordination that these agencies ‘‘use existing function; and movement to be lawful. • statutory authority, as appropriate, to The intent of this revision was to Specify the mechanisms and exempt low-risk products of agricultural signal that there are multiple parts in timelines for regularly reviewing, and biotechnology from undue regulation.’’ title 7 of the Code of Federal updating as appropriate, the Where areas of overlapping jurisdiction Regulations, not just part 330, that Coordinated Framework to minimize exist, the Agencies are seeking to avoid contain requirements regarding the delays, support innovation, protect redundant regulation. For example, FDA importation, interstate movement, or health and the environment and has jurisdiction over animals, including environmental release of plant pests, promote public trust in the regulatory insects, but does not regulate when biological control organisms, or systems for biotechnology products. The updated Coordinated Framework another agency is regulating, as APHIS associated articles. However, we agree is available at: https:// is with GE moths and bollworm. With with the commenter that one of the obamawhitehouse.archives.gov/sites/ this rule, APHIS is avoiding redundant unintended effects was to cause default/files/microsites/ostp/2017_ regulation with regard to microbial confusion within this rulemaking coordinated_framework_update.pdf. pesticides and plant incorporated concerning the clear delineation Additionally, as part of the protectants. As noted above, new between the requirements for the rulemaking process, EPA and FDA have § 340.5(f) states that a permit is not movement of GE plant pests, which are had the opportunity to comment on this required for any GE microorganism found in part 340, and the requirements proposal and to provide meaningful product that is currently registered with for plant pests that had not been insight that informed this process. the EPA as a microbial pesticide, so long genetically engineered, which are found as the microorganism is not a plant pest Another commenter stated that in part 330. language in the section of the proposed as defined in § 340.3. Similarly, Accordingly, we are revising rule describing regulation of PMPI- § 340.5(g) states that a permit is not § 330.200 to indicate that GE plant pests producing plants suggests that the required for the movement of any plant and biological organisms are exempted Coordinated Framework for regulating modified solely to contain a plant from regulation under part 330, and are GE crops in the United States is not incorporated protectant that is currently regulated under part 340. nearly as ‘‘coordinated’’ as is necessary registered with the EPA or exempt from A commenter expressed the concern to ensure the safety of our food supply. EPA regulations. that this rulemaking does not further the According to this commenter, a statute Finally, multiple commenters Coordinated Framework established in recommended that we provide greater should be enacted to create a new Federal agency that would have explicit clarity regarding the regulatory 12 To view the rule, its supporting documents, or jurisdiction of two agencies within the comments that we received, go to https:// authority to provide oversight over all APHIS—Biotechnology Research www.regulations.gov/docket?D=APHIS-2008-0076. GE organisms (plants, animals, and GE

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microorganisms) for all possible risks, programmatic environmental impact will provide an email notification to including plant pest and noxious weed statement (PEIS). In regard to the new stakeholders when the list is changed. risks, environmental risks to beneficial proposed RSR, APHIS stated in the final Oversight and Transparency organisms as well as to ‘‘neutral’’ PEIS that RSRs will be accompanied by organisms like monarch butterflies, and an appropriate environmental analysis Some commenters expressed the human health risks such as those depending on the degree of concern that the regulatory framework associated with animal carcinogens and environmental impact. set forth in the June 2019 proposed rule probable human carcinogens like APHIS seeks to further clarify APHIS’ would result in an overall weakening of glyphosate. NEPA obligations under various APHIS’ regulatory oversight over GE Regulation of PMPI-producing GE circumstances. When a modified plant products. Commenters discussed a plants is discussed above. The qualifies for one of the exemptions in number of potential consequences of remainder of this comment is outside § 340.1(b), (c), or (d), the plant is not what they regarded as diminishing the scope of the current rulemaking and subject to part 340 at all and APHIS APHIS’ oversight role. As noted earlier of APHIS’ regulatory authority. We note, renders no determination regarding its in the discussion pertaining to allowing moreover, that scientific evidence does plant pest risk. Therefore, APHIS will developers to determine whether their not support the conclusion that GE not complete a NEPA analysis for the products are eligible for exemption, organisms, as a class, present risks that plant. commenters were concerned that there are different in degree or kind from the In the case of RSRs, whether could be an increased risk of risks that are presented by comparable conducted before or after a person commingling of non-GE crops with GE non-GE organisms (NRC, 2010; NAS, requests a permit, only some outcomes crops. It was also stated that because GE 2016b) will require analysis pursuant to NEPA. crops are already associated with greater If, after initial review, APHIS finds a herbicide and pesticide use than non-GE NEPA Implementing Regulations plausible pathway to increased plant crops, the rule could result in the As noted earlier, the June 2019 pest risk, APHIS will conduct a Plant development of more herbicide- and proposed rule proposed that the Pest Risk Assessment (PPRA) to pesticide-resistant pests and weeds, notification and petition processes be evaluate the factor(s) of concern. In this leading to increased environmental and removed from the regulations. situation, APHIS will complete a NEPA human health risks. Some commenters Concurrently, we proposed to remove analysis, as appropriate, for an stated that we needed to strengthen, language pertaining to notifications and unconfined environmental release. rather than loosen, our regulatory petitions from the NEPA implementing Finally, when permits are issued for oversight. regulations in 7 CFR part 372. confined environmental release, NEPA We have addressed many of these Specifically, we proposed to remove will apply as appropriate. Under most issues earlier in this document and the language pertaining to notifications circumstances, confined environmental PEIS (§§ 4.3.5 Agricultural Weeds and from § 372.5(c)(3)(iii), and to remove releases are categorically excluded in HR management; 4.6.2 Domestic language pertaining to petitions from part 372 from the need to prepare an Socioeconomic Environment; and 4.6.3 paragraphs (b)(7) and (c)(4) of § 372.5. Environmental Assessment or an International Trade). Additional These changes were proposed to make Environmental Impact Statement. discussion is presented below, under the NEPA regulations consistent with the heading ‘‘General Opposition to GE the proposed revised part 340. List of Taxa Products.’’ As we have noted, however, Several commenters recommended In the preamble to the June 2019 these issues are mostly outside the that APHIS revise its NEPA proposed rule, we noted that we were scope of the current regulations and of implementing regulations to ensure that proposing to remove the list of taxa our statutory authority under the PPA. individual actions taken under the containing plant pests from the It was also suggested that the proposed rule are appropriately regulations. Instead, APHIS proposed to proposed new regulatory framework addressed and to describe the type of maintain a list of taxa that contain plant could lead to a loss of transparency. environmental analysis and pests on its website. We explained that Growers of non-GE crops, as noted documentation that will generally be the list on the website would be more above, could lose access to information developed. One commenter stated that useful and reliable than a static list of about neighboring GE crops. According APHIS should revise § 372.5(b) to taxa, which becomes outdated. We to some commenters, the public would include the proposed RSR as a type of solicited public comment on the also lose access to important data. In action that normally requires an proposed change. particular, field-test data would no environmental assessment but not Commenters supported this change. longer be available to the public because necessarily an Environmental Impact One commenter, however, suggested the submission and publication of such Statement. Another commenter that it would be useful to maintain a data would not always be required recommended that APHIS clarify that version history on the website, so that under the proposed rule. certain actions are not expected to have developers can be aware of the latest One commenter recommended that in an impact on the environment and updates. The commenter also addition to providing the information therefore qualify for a categorical recommended that whenever the currently set forth in the proposed rule, exclusion from the requirements of website is updated, APHIS should send APHIS should establish on its website a NEPA. an email notification to stakeholders. single list of all GE organisms that are APHIS disagrees with the suggestion Another commenter requested being released into the environment. that part 372 needs to be further revised clarification on how the list would be According to the commenter, that list to more specifically describe the type of maintained and modified. should include all plant-trait-MOA environmental analysis that is necessary APHIS agrees with the comment. combinations, all RSRs, all permitting, for individual actions under the final Since taxonomic designations and all confirmations of developers’ rule. Actions will be accompanied by sometimes change and new plant pests determinations of an exemption. The appropriate environmental analysis are continually being discovered, APHIS commenter believes that with a based on the degree of environmental will maintain a version history for the complete and accurate list of all GE impact, consistent with the final list of taxa that contain plant pests and organisms that have been released into

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the environment, food industry commenters favored labeling of foods that with respect to plants, crops stakeholders and the public will be able derived from GE products. Commenters modified by molecular and cellular to determine which GE plants have expressed the view that genetic methods should pose risks no different entered the food supply. Further, engineering techniques are not as safe as from those modified by conventional according to the commenter, a conventional breeding methods and that breeding methods for similar traits. A transparent and comprehensive list will all products developed using genetic key conclusion from these reports, taken provide helpful information if any food engineering should be regulated, with together, is that it is not the process of safety and environmental threats no exemptions allowed. Others stated genetic engineering per se that imparts materialize. In the commenter’s view, that we should require long-term testing the risk, but the trait or traits that it is this information will also be important of GE products prior to allowing used to introduce. A more recent NAS for international trade because it may commercialization. It was further stated report, issued in 2016, reaffirmed this prevent unnecessary trade barriers from that in light of these considerations, our conclusion.15 being constructed based on inaccurate proposed regulatory approach, with its Several commenters took a position information about which GE plants may focus on unfamiliar products developed diametrically opposed to the comments be entering a country without the proper using genetic engineering, does not discussed above. The commenters stated regulatory approval. Also, according to adequately evaluate products of genetic that there is no scientific rationale for the commenter, it will improve engineering for potential long-term risk. the continued regulation of plant consumer confidence about GE plants Many commenters argued that all GE products developed using genetic because consumers will realize that organisms should be subject to engineering techniques and legacy their existence is not being hidden from assessments of their long-term effects on methods. them. The commenter recommended the environment and human health and We do not agree with this comment. that to be as useful and as transparent also evaluated for indirect economic as possible, the list should include effects. Commenters also claimed that As discussed above, responsibility for information about the plant, the type of the proposed rule, with its deregulatory regulating GE and non-GE plants for modifications or edits performed, the emphasis, favored certain economic plant pest risk is divided between changed traits, a summary of data about interests at the expense of public health APHIS BRS and APHIS PPQ. In both the benefits of the traits, and any testing and safety and the environment. cases, plants and plant products are for safety concerns. One commenter further stated that regulated or not regulated based on the We do not agree with these APHIS or a new GE organism-specific risk of introducing or disseminating comments. Under this rule, APHIS will agency should provide oversight over all plant pests that may be posed by their continue to make information available GE organisms for all possible risks, movement or release into the that is related to permits issued under including any associated with the MOA environment. Because some (but not all) § 340.5. APHIS will also make used for gene insertion, e.g. extra GE and non-GE plants are associated information available concerning antibiotic-resistance genes, insertional with increased risk, it is necessary for responses to confirmation requests mutations, and unintended changes in APHIS to regulate such plants in order under § 340.1 and RSR requests and the inserted genetic material. According to carry out its mission of protecting results under § 340.4. The information to this commenter, APHIS should U.S. agriculture. will be available at https:// require developers of GE organisms to Concerns were expressed by the www.aphis.usda.gov/aphis/ourfocus/ utilize the precision of the technology organic farm industry regarding the biotechnology. As to organisms that are available to identify the off-target effects economic impact that the regulatory not regulated by APHIS, APHIS is not in of genetic engineering and to ensure that relief offered to developers in this the best position to provide accurate associated risks are minimal. rulemaking would have on organic and up-to-date information about such The comments discussed above farmers, particularly as it relates to the organisms. In this regard, APHIS notes appear to be based on the premise that issue of GE crops commingling with that pursuant to Executive Order 13874, the genetic engineering process itself is organic crops. The commenters stated USDA, EPA, and FDA recently released inherently risky. As we noted in the that APHIS must consider how it will a unified website that provides a one- preamble to the June 2019 proposed address the needs of USDA-certified stop-shop for information about the rule, and in this document, available organic operations to prevent actions that the Federal Government is evidence, including reports from the commingling with GE organisms. Such taking to oversee the development of National Academies of Sciences, considerations, it was stated, were not agricultural biotechnology products. See Engineering, and Medicine cited earlier addressed in the proposed rule. The https://usbiotechnology in this document, does not support this commenters asserted that the USDA regulation.mrp.usda.gov/ view. Moreover, the comments National Organic Program regulations biotechnologygov/home. The website discussed above do not reflect an prohibit the use of genetic engineering provides links to relevant USDA, EPA, accurate understanding of the limits of in the production of agricultural and FDA websites. See https:// APHIS’ statutory authority, as explained products marketed as organic in the usbiotechnology elsewhere in this preamble. United States. According to these regulation.mrp.usda.gov/biotech In the reports we cited, issued in 1987 commenters, even inadvertent presence nologygov/resources. and 1989, respectively, by the NRC,13 14 of GE organisms can jeopardize the it was stated that there was no evidence General Opposition to GE Products organic status of an otherwise compliant for unique hazards inherent in the use organic product, and can lead to loss of Many individuals who commented of recombinant DNA techniques and markets and significant industry opposed the rule because of their disruption. Organic farms that reported concerns about GE products generally. 13 Introduction of Recombinant DNA-Engineered crop loss from the presence of GE An issue of particular concern, raised by Organisms Into the Environment: Key Issues. 1987. organisms between 2011 and 2014 a large number of commenters, was the NRC. Washington, DC. National Academies Press (US). possibility of unsafe GE products’ 14 Field Testing Genetically Modified Organisms: 15 NAS. 2016. Genetically Engineered Crops: getting into the food supply without Framework for Decisions. 1989. NRC (US) Experiences and Prospects. Washington, DC: The consumers’ knowledge. Many of the Washington (DC). National Academies Press (US). National Academies Press. doi: 10.17226/23395.

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reported an average loss of $70,000 per ecosystem harm, such as degradation of tracking and analyzing incidences of farm (2014 USDA Organic Survey). water quality, air pollution, climate unintended GE presence and associated APHIS has fully considered these impacts, or loss of biological resources. economic losses at all levels of the factors from an economic perspective The commenters believe that this supply chain. One commenter and would refer the commenter to the process must be rigorous, transparent, recommended that we coordinate with economic analysis accompanying this and inclusive of APHIS’s plant pest and the USDA Agricultural Marketing final rule. APHIS in that analysis noxious weed authority under the PPA. Service to establish contract protections expanded the discussion of the various APHIS does not agree with these for organic and identity preservation costs, including the costs associated comments. Once APHIS determines that grain growers to ensure that they have with buffer strips, spatial and temporal a plant product does not pose a plant fair access to testing data and recourse. isolation, and the loss of premiums pest risk, APHIS has no further We thank the commenters for these associated with the risk to organic and authority to regulate it as such and to recommendations. As noted above, non-GE growers from cross-pollination mandate requirements for the however, all of these recommended or commingling. We note that organic submission of data unless there are new activities would fall outside the scope of crops and non-GE products that are kept facts, such as a compliance incident, the regulations in part 340, which separate from their GE equivalents are that warrant such action. The FDA establish the oversight and regulation of treated as value-added crops regulates human and animal food from certain GE organisms. commanding premiums that vary GE plants as FDA regulates all food One commenter stated that APHIS according to prevailing supply and within its regulatory jurisdiction. The should consider protection goals that demand conditions. Organic and other existing FDA safety requirements align with making U.S. agriculture more identity-preserved crops generally impose a clear legal duty on everyone in sustainable, more environmentally receive a price premium, a premium the farm to table continuum to market friendly, and less in need of future adversely impacted by the unintended safe foods to consumers, regardless of ‘‘solutions’’ to genetic-engineering- presence of GE traits. The premiums the process by which such foods are produced noxious weed problems that compensate farmers and traders for created. It is unlawful to produce, involve developing additional GE crops incremental costs they incur, including process, store, ship or sell to consumers engineered to be tolerant of different, those borne to maintain the segregation unsafe foods. Comments concerning more noxious herbicides. of non-GE and other IP production from FDA’s process and requirements should This comment is outside the scope of GE crops throughout the supply chain be directed to FDA. these regulations. The PPA provides for (through buffer zones, spatial and One commenter discussed the need detection, control, eradication, temporal isolation, etc.). In the United for compensating organic and other suppression, prevention or retardation States, the coexistence of GE and non- growers of non-GE crops who could of plant pests or noxious weeds. GE production systems has been left to suffer harm as a result of this Another commenter expressed market forces. Non-GE growers bear rulemaking. It was argued that we need concern over biodiversity and food costs of coexistence and, in turn, pass to establish a compensation mechanism security in the context of accelerating those costs on to purchasers of non-GE for those harmed by commingling, and climate change. The commenter stated crops (Kalaitzandonakes and Magnier, that liability in cases of commingling that genetic uniformity leads to disease 2016). caused by GE crops should rest with the susceptibility and that biodiversity One commenter stated that in developers or patent holders. One management systems need to be addition to the threat of economic harm commenter also recommended that we improved in terms of equity. According from unintended presence of GE plant establish a fair compensation to the commenter, we need systems that material, farmers who unintentionally mechanism for losses caused by support keeping diverse seeds in use, grow patented GE seeds or who harvest herbicides drifting from fields planted but genetic engineering has gone hand crops that are cross-pollinated with GE with herbicide-resistant GE plants. in hand with large monoculture traits could face costly lawsuits by We thank the commenters for these production. biotechnology companies for ‘‘seed recommendations; however, they fall This comment is outside the scope of piracy.’’ outside the scope of the regulations in these regulations. We note, however, The issue raised by the commenter is part 340, which establish the oversight that the concerns identified by the outside the scope of the plant pest and regulation of certain GE organisms. commenter do not seem specific to authority delegated to APHIS under the Regarding the final comment, genetic engineering. PPA. application protocols/practices for Other commenters expressed Some commenters argued that APHIS pesticides are established and concerns about corporate concentration should conduct ongoing monitoring and enumerated through EPA’s labeling and what they viewed as related assessment of GE product impacts both requirements. Once APHIS determines feedback loops of seeds and chemical in pre-market field trials and following that a plant product does not pose a use. Particular concern was expressed commercialization in order to protect plant pest risk, it is not subject to our over the possible consolidation of the the integrity of conventional and regulations in part 340 unless there are seed industry that commenters thought organic seed and crops from prohibited new facts, such as a compliance could result from this rulemaking. It substances and excluded methods, incident, that warrant such action. was stated that legal and government including the methods of genetic systems favor the largest companies, engineering. According to these Additional Comments and that efforts to check the power of commenters, safeguards and monitoring Commenters offered a number of the largest seed companies have been must be required for the organism post- additional recommendations that are overridden or have fizzled out. commercialization, and the FDA GRAS beyond the scope of the current APHIS acknowledges the concern that (Generally Recognized as Safe) rulemaking. Some commenters the commenters have raised on this notification process is not enough for recommended that we invest in research topic. The regulations proposed under such safeguards. In these commenters’ to develop lower-cost rapid testing part 340 are intended to streamline and view, monitoring should include technology. It was further suggested that offer additional regulatory relief to tracking changes associated with we commit resources to researching, developers of all sizes. We anticipate

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that since smaller-scale business and this reason and to comply with OIG making determinations about the academics have limited resources and recommendations with which we appropriate levels of regulation for capacity to navigate regulatory systems, agreed, we proposed to eliminate the different crops. We do not agree with this rule will provide especially acute notification procedure. We do not agree this comment. Our assessment of the benefits to smaller researchers and with the recommendation to provide risks associated with specific GE crops businesses. APHIS has outlined and streamlined permit conditions for low- will be reflected in our RSR provided detailed descriptions of this risk organisms. The standard permitting determinations and in the permit dynamic in the economic analysis conditions in § 340.5(i) are needed to conditions we assign. accompanying this regulation. ensure that activities conducted under One commenter stated that our policy Some commenters opposed the permit for all GE organisms can be on low-level presence of Regulated elimination of the notification and performed with adequate mitigations for Genetically Engineered Plant Materials, petition procedures contained in the plant pest risk. Differences in the level discussed in the 2008 proposal, is existing regulations. It was stated that of risk associated with different absent from this one. APHIS should not eliminate the petition organisms will be reflected in the APHIS intends to continue its support process without more clearly defining a supplemental permitting conditions. of U.S. trade agencies to address low streamlined, predictable path through The current petition process for GE level presence issues, as is further which responsible individuals can plants stems from the manner in which discussed above. This approach is establish that their innovation no longer regulated article is defined. As noted consistent with APHIS’ statutory needs to be reviewed by APHIS prior to above, the current regulations consider authority to regulate plant pests, as release and commercialization. a GE organism to pose a plant pest risk further explained above. Commenters opposed eliminating the and therefore be a regulated article if the One commenter stated that the June notification procedure because they donor organism, recipient organism, 2019 proposed rule lacked the summary were concerned that doing so would vector, or vector agent is a plant pest. of commenters that is common to require many developers to go to Under the proposed regulations, proposed rules from other agencies. The permitting, potentially disrupting however, we would evaluate whether an commenter stated that APHIS should business practices. Alternatives organism would require a permit for publish such a summary in the final suggested by these commenters movement based on the characteristics rule and should hold at least one public included adding provisions for of the organism itself rather than on the consultation with stakeholders that do streamlined permitting with method by which the organism is not have a direct or indirect financial standardized conditions for low-risk genetically engineered. Based on the interest in the proposed regulations. organisms and returning to requiring proposed change in approach, APHIS We do not agree with this comment. individuals to provide information on believes that the petition process is no As we noted in the preamble to the June how they intend to meet performance longer necessary and is removing the 2019 proposed rule: ‘‘Following the standards. petition process from the regulations. withdrawal of the January 2017 In many ways, the APHIS evaluations (As discussed previously in this proposed rule, APHIS conducted for notifications under current document, however, until RSR is extensive outreach to Land Grant and regulations are very similar to those available for a particular crop, we will public university researchers, as well as done for permit applications, but the continue to receive petitions under the small-scale biotechnology developers, notification procedure relies on process for that crop.) agriculture innovators, and other applicants’ agreeing to meet the Some commenters advocated that we interested stakeholders. In total, APHIS performance-based standards described retain the existing regulatory framework met with more than 80 organizations, in the regulations rather than submitting rather than adopting the one we including 17 universities, State an application for APHIS review proposed. In the view of one Departments of Agriculture, and farmer describing the specific measures that commenter, the proposed rule organizations.’’ In this final rule, we they will employ for the activity (as is constituted a shift from a streamlined, have further delineated the nature of the case for permits). With permits, but performance-based regulatory approach these discussions. not with notifications, APHIS can to a more prescriptive one. The National Environmental Policy Act accept the proposed measures or add to commenter saw that shift as a step them, and the result is a set of binding backwards. Another commenter To provide the public with customized permit conditions. expressed a preference for the process- documentation of APHIS’ review and We will not be making any changes in based approach of the existing analysis of any potential environmental response to these comments. As we regulations rather than the product- impacts associated with the processes in noted in the preamble to the June 2019 based one that we proposed. The this final rule, we have prepared a final proposed rule, the notification commenter stated that APHIS should environmental impact statement (EIS). procedure in the current regulations regulate biotechnology products based The final EIS is based on a draft EIS, relies upon performance-based on the process by which they are which we drafted after soliciting public standards. Since the specific measures created, using genetic engineering as the comment through a notice in the that constitute compliance with the trigger for regulatory review, to ensure Federal Register to help us delineate the regulations are not enumerated in the that none evade oversight entirely. scope of the issues and alternatives to be performance standards, it can be For reasons discussed at length in this analyzed. The final EIS responds to difficult for APHIS inspectors to document and in the June 2019 public comments, analyzes each determine whether a notification holder proposed rule, we do not agree with alternative and its environmental is in compliance. This uncertainty can these comments. consequences, if any, and provides make enforcing the regulations, and One commenter viewed our overall APHIS’ preferred alternative. The EIS thereby protecting U.S. agriculture from regulatory approach as not sufficiently was prepared in accordance with: (1) plant pest risks, more difficult than it flexible to take into account the relative NEPA, as amended (42 U.S.C. 4321 et would be if compliance measures were risk levels associated with different seq.), (2) regulations of the Council on clearly enumerated as they are in crops. The commenter recommended Environmental Quality for specific conditions under a permit. For that we consider such differences when implementing the procedural provisions

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of NEPA (40 CFR parts 1500–1508), (3) as those previously found by APHIS to Cost savings for these entities are USDA regulations implementing NEPA be not subject to the regulations will not expected to more than offset the new (7 CFR part 1b), and (4) APHIS’ NEPA be regulated, nor will they be required costs. APHIS estimated the cost savings Implementing Procedures (7 CFR part to undergo an RSR. GE plants found for two regulatory oversight scenarios 372). likely to pose a plant pest risk and GE where USDA either has sole regulatory Copies of the final EIS are available plants that are not eligible for an RSR authority or shares oversight with EPA on the Regulations.gov website (see will be allowed to move only under and/or FDA, based on a study of the footnote 3 in this document for a link permit. For plants that do not fall into costs encountered by private to Regulations.gov) or by contacting the any of the exempted categories and are biotechnology developers as they person listed under FOR FURTHER eligible for an RSR, developers have the pursue regulatory authorization of their INFORMATION CONTACT. option of either requesting a review or innovations. When only APHIS has Executive Orders 12866, 13563, 13771 requesting a permit for the movement regulatory oversight, compliance cost and Regulatory Flexibility Act (including importation, interstate savings under the rule could range from movement, or environmental release) of $1.6 million to $5.6 million ($3.6 This final rule is an Executive Order their organism in lieu of an RSR. million on average) for the development 13771 deregulatory action. Details on Developers of GE organisms that are of a given GE plant. If EPA and/or FDA the estimated costs of this final rule can plant pests will continue to need also have an oversight role in the be found in the rule’s economic permits to import, move interstate, or development of a given GE plant, analysis. environmentally release those compliance cost savings could range This final rule has been determined to organisms. from $551,000 to $937,000 ($744,000 on be significant for the purposes of Shipping standards under this rule average; see Table A below and Table 5 Executive Order 12866 and, therefore, are less prescriptive and more generally of the RIA). From 1992 through has been reviewed by the Office of applicable, and the rule provides for the September 2019, an average of just Management and Budget. issuance of multi-year permits. The under 5 petitions were processed We have prepared an economic provisions for record retention, (granted non-regulated status or the analysis for this rule. The economic compliance, and enforcement have been petition withdrawn) in a given year, analysis provides a cost-benefit analysis, altered to ensure that APHIS has with a high of 14 in 1995. As the rule as required by Executive Orders 12866 sufficient information to monitor is expected to spur innovation, we and 13563, which direct agencies to compliance with its regulations and expect the number of new GE plants assess all costs and benefits of available maintain effective oversight of regulated developed annually to increase over regulatory alternatives and, if regulation GE organisms, in accordance with time. In particular, the rule may provide is necessary, to select regulatory provisions of the 2008 Farm Bill and impetus to the development of new approaches that maximize net benefits recommendations of the 2015 USDA horticultural varieties, where the costs (including potential economic, OIG report on GE organisms. These of acquiring non-regulated status in the environmental, public health, and safety changes improve the efficiency and past may have been prohibitively high effects, and equity considerations). clarity of the regulations. relative to the potential market. Executive Order 13563 emphasizes the The amendments in this rule will In the following estimate of impacts, importance of quantifying both costs benefit developers, producers, and we use the average cost savings reported and benefits, of reducing costs, of consumers of certain GE organisms; above per GE plant developed and harmonizing rules, and of promoting public and private research entities; and assume the annual number of new GE flexibility. The economic analysis also APHIS. There will be no decrease in the plants developed under the rule without provides a final regulatory flexibility level of protection provided against APHIS permits ranges from 5 (the analysis that examines the potential plant pest risks. The regulatory current annual average number of economic effects of this rule on small framework, including the RSR process processed petitions) to 10 (twice this entities, as required by the Regulatory used to determine regulatory status average). We further assume that about Flexibility Act. The economic analysis established under this rule, will provide 20 percent of those new GE plants are is summarized below. Copies of the full cost savings to some plant developers solely within the purview of APHIS analysis are available on the and will allow for reallocation of APHIS oversight, and that the remaining 80 Regulations.gov website (see footnote 1 resources to Biotechnology Regulatory percent will also be under the purview in this document for a link to Services (BRS) priorities. of FDA and/or EPA oversight. If five Regulations.gov) or by contacting the Under this rule, APHIS regulatory new GE plants are developed annually person listed under FOR FURTHER oversight (through permitting) will not without APHIS permits (all with no INFORMATION CONTACT. be required for plants that fall into one APHIS permit, but four still with EPA The revisions to part 340 in this final of the exempted categories or have been and/or FDA evaluation), the annual rule create the framework for more assessed by means of an RSR and have savings would be $6.5 million.16 focused, risk-based regulation of the GE been found unlikely to pose an If 10 organisms that pose plant pest risk. increased plant pest risk relative to its new GE plants are developed annually Under this rule, certain categories of comparator. Direct regulatory costs to without APHIS permits (all with no plants are exempted from the some plant developers will be reduced APHIS permit, but 8 still with EPA for the development of GE plants for and/or FDA evaluation), the annual regulations in part 340. Developers are 17 able to determine, when appropriate, which APHIS permits are no longer savings will be $13.1 million. New costs borne by regulated entities whether their products fit into one of necessary. Savings to the regulated under the rule will include rule the exempted categories and are community will result from a reduced familiarization and recordkeeping. therefore not subject to APHIS’ need to collect field data, fewer Annual recordkeeping costs are based regulations. reporting requirements, and lower The rule also provides for a process to management costs. Costs now associated 16 1 × $3,573,500 = $3,573,500. 4 × $744,000 = determine the regulatory status of a with petitions for non-regulated status $2,976,000. $3,573,000 + $2,976,000 = $6,549,500. plant under part 340. GE plants having will be reduced or eliminated where 17 2 × $3,573,500 = $7,147,000. 8 × $744,000 = the same plant-trait-MOA combination APHIS permits are no longer necessary. $5,952,000. $7,147,000 + $5,952,000 = $13,099,000.

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on information collection categories that include compliance activities, the Federal Insecticide Fungicide and were described in the Paperwork inspection activities, ‘Am I Regulated’ Rodenticide Act (FIFRA). Current Reduction Act section of the proposed (AIR) process activities, notification inspection costs incurred by APHIS rule, and are estimated to total about activities, permit activities, and petition average roughly $800 per inspection. $1,070,000. New maintenance and activities. Under this rule, APHIS’ A quicker APHIS evaluation process record retention requirements in this overall annual personnel costs of will mean a shorter period of regulatory rule should not significantly affect regulating GE plants are not expected to uncertainty that may facilitate permit holders. While some of the change. While the volume of specific developers’ ability to raise venture specific records required under this rule activities will change, the overall capital. Reduced regulatory were not explicitly included in the volume of regulatory activities, the requirements may also lead to greater current regulations, they have been general nature of those activities, and participation by public and private required as part of the supplemental the level of skills necessary to perform academic institutions in genetic permit conditions that accompany an those activities will not change. engineering research and product issued permit. These records are integral Costs to APHIS of implementing this development. These indirect benefits of to the activities under the permit and rule include outreach activities, the rule may spur genetic engineering should already be maintained by the developing guidance documents, innovations, particularly in small permit holder as a normal part of training, and adjusting the permit acreage crops where genetic engineering business operations and therefore system. APHIS estimates that public has not been widely utilized due to the readily be accessible. About 1,250 outreach, guidance and training will expense of regulation. distinct entities have applied for cost about $77,000. Requests for RSRs In general, new plant varieties, permits or notifications under part 340. and response letters under the rule will including GE crop varieties, are not APHIS estimates that each of those be handled in a manner similar to the required to be reviewed or approved for entities will spend a total of about 24 current AIR process, outside the food safety by the FDA before going to hours becoming familiar with the electronic permitting system and market. However, the developer is provisions of this rule, at a total one- without incurring new costs. responsible for ensuring product safety time cost of about $1.5 million. Certain plants are genetically and developers of GE plant varieties Some plants that would not have been engineered in order to produce PMPIs. have routinely consulted with FDA regulated under previous regulations in To date, PMPI-producing GE plants prior to marketing new varieties to part 340, because a plant pest was not regulated by APHIS have been resolve food safety or other questions used in their development, would now genetically engineered using a plant about food within FDA’s jurisdiction. be under the purview of APHIS pest as the donor, vector, or vector APHIS expects that stewardship oversight. APHIS expects the number of agent, and thus fall under the scope of practices currently used to conduct field plants in this category will be very regulated article in the current trials of GE plant varieties will be small, likely less than 1 per year based regulations in part 340. In this rule, maintained under the new rule. It will on historical activity. For those few APHIS will maintain its oversight of be in a plant developer’s best interest to instances where an APHIS permit is PMPI-producing plants. In this final supervise and control the development required, developers could incur new rule, we are adding this requirement to process as at present, to prevent costs associated with permitting ranging § 340.2, as paragraph (e), which states undesired cross-pollination or from about $13,000 to $671,000, that a permit is required for the commingling with non-GE crops. depending on recordkeeping, reporting, movement of a plant that encodes a Developers have various legal, quality stewardship, and testing product intended for pharmaceutical or control, and marketing motivations to requirements.18 industrial use. maintain rigorous voluntary In accordance with guidance on Certain plants are genetically stewardship measures. APHIS therefore complying with Executive Order 13771, engineered to produce PIPs, meaning believes that developers will continue to the primary estimate of the annual net that they produce pesticides. APHIS has utilize strict control measures for field private sector cost savings for this rule regulated those PIP-producing plants testing even in cases where APHIS does is $8.3 million. This value is the mid- that are captured by current regulations, not require a permit. point estimate of the net private cost i.e., when plant pests or plant pest Farmers who adopt GE crops may savings annualized in perpetuity using sequences are used. The PIPs also fall benefit from the rule. GE crop adoption a 7 percent discount rate. under the regulatory oversight of EPA. varies by crop and technology and can Current annual APHIS personnel However, because EPA generally affect yields, net returns, and pesticide costs for conducting genetic engineering requires Experimental Use Permits use. Fernandez-Cornejo, et al. (2014) related activities that will be affected by (EUP) only for field tests on 10 acres or showed that planting insect-resistant this rule total about $3.4 million. These more of land, APHIS has exercised cotton and corn seed is associated with regulatory oversight of PIP plantings on higher net returns when pest pressure is 18 Additional recordkeeping and reporting costs fewer than 10 acres. Under this rule, GE high. The extent to which adoption of could be about $13,000 annually for a field trial that PIP-producing plants that are unlikely herbicide tolerant (HT) traits affects net requires 25 reports per year. Because few plants to pose an increased plant pest risk returns is mixed and depends primarily tested in the field are likely to demonstrate commercial viability, we expect they would be relative to their comparators will not be on how much weed control costs are tested on a limited number of sites. Additional regulated by APHIS following an RSR. reduced and seed costs are increased. stewardship costs could range from about $20,000 Therefore, under this rule Federal HT soybean adoption is associated with to $120,000. In the rare case in which a plant oversight of GE PIPs will rest solely an increase in total household income demonstrates commercial viability and warrants further data collection under the RSR process, the with EPA. EPA may decide to require because HT soybeans require less developer could incur additional testing costs, EUPs for all, some, or none of the PIPs management and enable farmers to which under current regulations are estimated to for test plantings on fewer than 10 acres generate income via off-farm activities range between about $152,000 and $538,000. of land, and may conduct inspections of or by expanding their operations. Because the data required under the RSR process will be more targeted than under the current all, some, or none of the PIPs that are Farmers may benefit by having access to process, testing costs would likely be closer to the under permit. EPA may also exempt a wider variety of traits as well as a lower bound. certain PIPs from requirements under greater number of new GE crop species,

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affording them a broader selection of would otherwise and most likely at premium prices. Some consumers crops to suit their particular lower levels. The forgone benefits due to choose not to purchase products derived management objectives. Among the delayed innovation can be substantial from GE crops and instead purchase types of innovations expected are crops and developers, producers and commodities such as those labeled with greater resistance to disease and consumers all lose from regulatory ‘‘non-GMO.’’ In addition, the USDA insect pests; greater tolerance of stress delays. The forgone benefits stemming organic standard does not allow for the conditions such as drought, high from even a relatively brief delay in intentional use of GE seeds. In cases temperature, low temperature, and salt; product release can overshadow both where crops intended for the non-GE or and more efficient use of fertilizer. research and regulatory costs. other identity-preserved marketplaces These types of traits can lower farmer It should be noted that while the rule contain unintended GE products, their input costs (water, fertilizer, pesticide) will alter APHIS’ evaluation process for profitability may be diminished. and increase yields during times of GE plants, it is not expected to affect the Unintended GE presence and adverse growing conditions. evaluation of such plants by FDA or diminished profitability may also occur As mentioned, regulatory costs are EPA or foreign regulatory agencies, the for identity-preserved GE crops with expected to be lower under this rule, actions of whom may affect the special attributes. Such crops are more thereby potentially spurring developer opportunity costs of regulatory delay. likely to be developed under the new innovation, especially among small When FDA and/or EPA also have a rule. companies and universities. Consumers regulatory role, substantial time savings Effects of this rule on the variety of will benefit from a wider variety of due to the rule are most likely to be GE crop species grown in the United available products, including ones with realized in those instances in which the States and their wider adoption may improved taste, storage longevity, or APHIS process takes the longest time. increase the possibility of cross- nutritional content. In terms of the When APHIS is the only agency with pollination or commingling. As potential benefits of GE crop plants, an oversight (as with many new commercial acreage of any given GE emerging area of interest is the horticultural varieties such as petunias crop increases and as a greater variety nutritional modification of crop plants or carnations modified to produce of crops are modified using genetic through the use of biotechnology to different flower color, morphology, or engineering, the potential for more provide human health benefits. Some of longevity), there could be significant instances of unintended presence of a these types of modifications are time savings over the current petition GE organism increases. Costs incurred discussed in the EIS in section 4.4.1.4. process. by growers of organic and other They include rice varieties developed to Some farmers (e.g., growers of identity-preserved varieties who seek to provide vitamin A and to address iron identity-preserved crops, including prevent such unintended presence may and folate deficiency; wheat varieties organic, other non-GE and other increase. with reduced levels of celiac-disease- agricultural commodities segregated for Entities potentially affected by the triggering gliadins and with increased specific purity and quality tolerances) rule fall under various categories of the levels of lysine and zinc; and cyanide- could be indirectly negatively impacted North American Industry Classification free cassava. Innovations may also by increased GE innovations. Identity System. Economic data are not available benefit consumers through lower prices preservation (IP) refers to a process or on business size for some entities. for existing products. system of maintaining the segregation Nonetheless, based on industry data In addition to the compliance costs and documenting the identity of a obtained from the Economic Census and associated with regulation, there are product. Crops with unique product the Census of Agriculture, we can opportunity costs of delayed innovation quality traits such as low linolenic assume that the majority of the if the approval process for a plant is canola require IP to capture the added businesses affected by the rule will be longer than necessary to ensure safety value. Similarly, organic commodities small. with reasonable scientific certainty. must be produced according to specific Table A provides a summary Regulatory delays mean that the benefits criteria and segregated in the statement of the expected direct costs of innovation occur later than they marketplace in order to receive and cost savings of the rule:

TABLE A—EXPECTED COSTS AND COSTS SAVINGS OF THE RULE FOR THE BIOTECHNOLOGY INDUSTRY AND FOR APHIS [2016 dollars]

Biotechnology Industry One-time industry-wide costs of rule familiarization ...... $1,468,000.

Annual industry-wide recordkeeping costs ...... $1,070,000.

Annual cost of permits for plants not previously regulated 1 ...... $13,000 to $671,000.

Developer Savings per Trait 2 ...... Lower Bound Estimate ...... Upper Bound Estimate. APHIS sole regulatory oversight ...... $1,559,000 ...... $5,588,000. APHIS oversight together with FDA and/or EPA oversight ...... $551,000 ...... $937,000.

APHIS Biotechnology Regulatory Services Annual costs for public outreach, training, and e-permitting 3 ...... $77,000. 1 The number of plants in this category is expected to be very small, likely less than 1 per year based on historical activity. The range in cost shown is for one permit. The actual cost will depend on additional recordkeeping, reporting, stewardship, and testing requirements. 2 These savings are shown on a per trait basis. On average, if five new GE plants are developed annually without APHIS permits (all with no APHIS permit, but four still with EPA and/or FDA evaluation), the annual savings will be $6.5 million. If 10 new GE plants are developed annually without APHIS permits (all with no APHIS permit, but 8 still with EPA and/or FDA evaluation), the annual savings will be $13.1 million. 3 Requests for regulatory status and response letters under the rule will be handled in a manner similar to the current ‘Am I Regulated’ proc- ess, outside the electronic permitting system and without incurring new costs.

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Neelakandan, A.K. and K. Wang (2012). List of Subjects microbial pesticide product, are not Recent progress in the understanding of regulated under this subpart. 7 CFR Part 330 tissue culture-induced genome level Additionally, biological control changes in plants and potential Customs duties and inspection, Plant organisms that are pesticides that are applications. Plant Cell Reports 31: 597– diseases and pests, Quarantine, not registered with EPA, but are being 620. Reporting and recordkeeping Nekrasov, V., C. Wang, J. Win, et al. (2017) transferred, sold, or distributed in Rapid generation of a transgene-free requirements, Transportation. accordance with EPA’s regulations in 40 powdery mildew resistant tomato by 7 CFR Part 340 CFR 152.30, are not regulated under this genome deletion. Scientific Reports subpart for their interstate movement or 7:482. https://www.nature.com/articles/ Administrative practice and importation. However, an importer s41598-017-00578-x. procedure, Packaging and containers, desiring to import a shipment of NRC (1989). Field Testing Genetically Plant diseases and pests, Reporting and biological control organisms subject to Modified Organisms: Framework for recordkeeping requirements, FIFRA must submit to the EPA Decisions. NAP. http://www.nap.edu/ Transportation. catalog/1431.html. Administrator a Notice of Arrival of NRC (2002). Environmental Effects of 7 CFR Part 372 Pesticides and Devices as required by Transgenic Plants: The Scope and Environmental impact statements. CBP regulations at 19 CFR 12.112. The Adequacy of Regulation. Washington Administrator will provide notification DC.: The National Academies Press. Accordingly, we are amending 7 CFR to the importer indicating the https://www.nap.edu/catalog/10258/ parts 330, 340, and 372 as follows: disposition to be made of shipment environmental-effects-of-transgenic- upon its entry into the customs territory plants-the-scope-and-adequacy-of. PART 330—FEDERAL PLANT PEST NRC (2004). Safety of Genetically Engineered REGULATIONS; GENERAL; PLANT of the United States. Foods. http://www.nap.edu/catalog/ PESTS, BIOLOGICAL CONTROL ■ 3. Part 340 is revised to read as 10977.html. Oladosu Y., M.Y. Rafii, N. ORGANISMS, AND ASSOCIATED follows: Abdullah, G. Hussin, A. Ramli, H.A. ARTICLES; GARBAGE Rahim, G. Miah, and M. Usman (2016). PART 340—MOVEMENT OF Principle and application of plant ■ 1. The authority citation for part 330 ORGANISMS MODIFIED OR mutagenesis in crop improvement: A continues to read as follows: PRODUCED THROUGH GENETIC review. Biotechnology & ENGINEERING Biotechnological Equipment, 30:1, 1–16, Authority: 7 U.S.C. 1633, 7701–7772, DOI: 10.1080/13102818.2015.1087333. 7781–7786, and 8301–8317; 21 U.S.C. 136 Sec. https://www.tandfonline.com/doi/full/ and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, 340.1 Applicability of this part. 10.1080/13102818.2015.1087333. and 371.3. 340.2 Scope of this part. NRC (2010). The Impact of Genetically ■ 2. In § 330.200, paragraphs (b) and (d) 340.3 Definitions. Engineered Crops on Farm Sustainability are revised to read as follows: 340.4 Regulatory status review. in the United States. National Research 340.5 Permits. Council (NRC), Washington, DC: § 330.200 Scope and general restrictions. 340.6 Record retention, compliance, and National Academies Press. http:// * * * * * enforcement. www.nap.edu/catalog/12804/impact-of- (b) Plant pests regulated by this 340.7 Confidential business information. genetically-engineered-crops-on-farm- 340.8 Costs and charges. sustainability-in-the-united-states. subpart. For the purposes of this Authority: 7 U.S.C. 7701–7772 and 7781– NAS (2016b). Genetically Engineered Crops: subpart, and except for an organism that 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and Experiences and Prospects. Washington, has undergone genetic engineering as 371.3. DC: National Academies Press. http:// defined in § 340.3 of this chapter, www.nap.edu/catalog/23395/genetically- APHIS will consider an organism to be § 340.1 Applicability of this part. engineered-crops-experiences-and- a plant pest if the organism directly or (a) The regulations in this part apply prospects. indirectly injures, causes damage to, or Peterson, B.A., DC Haak, M.T. Nishimura, et to those organisms described in § 340.2, causes disease in a plant or plant but not to any organism that is exempt al. (2016). Genome-wide assessment of product, or if the organism is an efficiency and specificity in CRISPR/ from this part under paragraph (b), (c), Cas9 mediated multiple site targeting in unknown risk to plants or plant or (d) of this section. Arabidopsis. PLoS One 11:e0162169. products, but is similar to an organism (b) The regulations in this part do not Sears, E. A. (1977). An induced mutant with known to directly or indirectly injure, apply to plants that have been modified homoeologous pairing in common cause damage to, or cause disease in a such that they contain either a single wheat. Canadian J of Genetics and plant or plant product. Plant pests that modification of a type listed in Cytology 19: 585–593. have undergone genetic engineering, as paragraphs (b)(1) through (3) of this Singh, B.D. (1990). Plant Breeding Principles defined in § 340.3 of this chapter, are and Methods, 4th ed. Kalyani Publishers, section, or additional modifications as subject to the regulations of part 340 of determined by the Administrator, and New Delhi, pp.475–509. this chapter. Tang, X, G. Liu, J. Zhou, et al. (2018) A large- described in paragraph (b)(4) of this scale whole-genome sequencing analysis * * * * * section. reveals highly specific genome editing by (d) Biological control organisms not (1) The genetic modification is a both Cas9 and Cpf1 (Cas12a) nucleases regulated by this subpart. Paragraph (c) change resulting from cellular repair of in rice. Genome Biol 19:84. https:// of this section notwithstanding, a targeted DNA break in the absence of genomebiology.biomedcentral.com/ biological control organisms that have an externally provided repair template; articles/10.1186/s13059-018-1458-5. undergone genetic engineering, as or Wang, H., M. La Russa, and L.S. Qi (2016). defined in § 340.3 of this chapter, as (2) The genetic modification is a Crispr/Cas9 in genome editing and well as products that are currently targeted single base pair substitution; or beyond. Annu Rev Biochem. 85:227–64. Wolter, F., P. Schindele, and H. Puchta under an EPA experimental use permit, (3) The genetic modification (2019). Plant breeding at the speed of a Federal Insecticide Fungicide and introduces a gene known to occur in the light: the power of CRISPR/Cas to Rodenticide Act (FIFRA) section 18 plant’s gene pool, or makes changes in generate directed genetic diversity at emergency exemption, or products that a targeted sequence to correspond to a multiple sites. BMC Plant Biol. 19: 176. are currently registered with EPA as a known allele of such a gene or to a

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known structural variation present in conventional breeding methods, APHIS (b) Meets the definition of a plant pest the gene pool. will publish a notice in the Federal in § 340.3; or (4) The Administrator may propose to Register and request public comments (c) Is not a plant but has received exempt plants with additional in accordance with the process set forth deoxyribonucleic acid (DNA) from a modifications, based on what could be in paragraph (b)(4)(i) of this section. plant pest, as defined in § 340.3, and the achieved through conventional After reviewing the comments, APHIS DNA from the donor organism either is breeding. Such proposals may be will publish a subsequent notice in the capable of producing an infectious agent Agency-initiated, and follow the process Federal Register announcing its final that causes plant disease or encodes a in paragraph (b)(4)(i) of this section, or determination. compound that is capable of causing in response to a request made in (vi) website posting. A list specifying plant disease; or accordance with paragraph (b)(4)(ii) of the additional modifications will be (d) Is a microorganism used to control this section. posted on the APHIS website at https:// plant pests, or an invertebrate predator (i) APHIS-initiated proposals for www.aphis.usda.gov/aphis/ourfocus/ or parasite (parasitoid) used to control exemptions. APHIS will publish a biotechnology. invertebrate plant pests, and could pose notice in the Federal Register of the (c) The regulations in this part do not a plant pest risk; or proposal by the Administrator to apply to a plant with: (e) Is a plant that encodes a product exempt plants with additional (1) A plant-trait-mechanism of action intended for pharmaceutical or modifications. The notice will make combination that has previously industrial use. available any supporting undergone an analysis by APHIS in documentation, and will request public accordance with § 340.4 and has been § 340.3 Definitions. comment. After reviewing the determined by APHIS not to be Terms used in the singular form in comments, APHIS will publish a regulated under this part, or this part shall be construed as the subsequent notice in the Federal (2) A plant-trait-mechanism of action plural, and vice versa, as the case may Register announcing its final combination found in a plant that demand. The following terms, when determination. APHIS determined to be deregulated in used in this part, shall be construed, (ii) Other parties’ requests for response to a petition submitted prior to respectively, to mean: exemptions. Any person may request October 1, 2021, pursuant to § 340.6 as Access. The ability during regular that the Administrator exempt plants that section was set forth prior to business hours to enter, or pass to and developed with additional August 17, 2020. All plants determined from, a location, inspect, and/or obtain modifications that could be achieved by APHIS to be deregulated pursuant to or make use or copies of any records, through conventional breeding. To § 340.6 as that section was set forth data, or samples necessary to evaluate submit a request, the person must prior to August 17, 2020 will retain their compliance with this part and all provide, in writing, information nonregulated status under these conditions of a permit issued in supporting the modification(s). regulations. accordance with § 340.5. Supporting information must include (d) The regulations in this part do not Administrator. The Administrator of the following: apply to plants determined by APHIS the Animal and Plant Health Inspection (A) A description of the not to require regulation under this part Service (APHIS) or any other employee modification(s); pursuant to the ‘‘Am I Regulated’’ of APHIS to whom authority has been (B) The factual grounds demonstrating process. All plants determined by or may be delegated to act in the that the proposed modification(s) could APHIS not to require regulation under Administrator’s stead. be achieved through conventional plant this part pursuant to the ‘‘Am I Agent. A person who is designated by breeding; Regulated’’ process will retain their (C) Copies of scientific literature, the responsible person to act in whole nonregulated status under these unpublished studies, or other data that or in part on behalf of the permittee to regulations. support the request; and maintain control over an organism (D) Any information known to the (e) Developers may request under permit during its movement and requestor that would be unfavorable to confirmation from APHIS that a plant is to ensure compliance with all the request. not within the scope of this part. APHIS applicable permit conditions and the (iii) Timeframe for Agency review of will provide a written response requirements in this part. Multiple requests for additional exemptions. (confirmation letter) within 120 days of agents may be associated with a single After APHIS receives all information receiving a sufficiently detailed responsible person or permit. Agents required under paragraph (b)(4)(ii) of confirmation request, except in may be, but are not limited to, brokers, this section, APHIS will complete its circumstances that could not reasonably farmers, researchers, or site cooperators. review of the request and render a have been anticipated. An agent must be at least 18 years of age determination within 12 months, except (Approved by the Office of Management and be a legal resident of the United in circumstances that could not and Budget under control number 0579– States. reasonably have been anticipated. 0471) Animal and Plant Health Inspection (iv) Denial of requests. If APHIS Service (APHIS). An agency of the disagrees with the conclusions of the § 340.2 Scope of this part. United States Department of Agriculture request or determines that there is Except under a permit issued by the (USDA). insufficient evidence that the Administrator in accordance with Article. Any material or tangible modification could be achieved through § 340.5, no person shall move any GE object that could harbor plant pests. conventional breeding methods, APHIS organism that: Contained facility. A structure for the will deny the request and notify the (a) Is a plant that has a plant-trait- storage and/or propagation of living requestor in writing regarding this mechanism of action combination that organisms designed with physical denial. has not been evaluated by APHIS in barriers capable of preventing the (v) Agreement with requests. If APHIS accordance with § 340.4 or that, as a escape of the organisms. Examples initially determines that the result of such evaluation, is subject to include but are not limited to modification could be achieved through the regulations; or laboratories, growth chambers,

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fermenters, and containment a cutting, a graft, a scion, a bud, a bulb, Unauthorized release. The intentional greenhouses. a root, or a seed. or accidental movement of an organism Donor organism. The organism from Plant pest. Any living stage of a under a permit issued pursuant to this which genetic material is obtained for protozoan, nonhuman animal, parasitic part in a manner not authorized by the transfer to the recipient organism. plant, bacterium, fungus, virus or viroid, permit; or the intentional or accidental Environment. All the land, air, and infectious agent or other pathogen, or movement without a permit of an water; and all living organisms in any article similar to or allied with any organism that is subject to the association with land, air, and water. of the foregoing, that can directly or regulations in this part. Gene pool. Germplasm within which indirectly injure, cause damage to, or sexual recombination is possible as a cause disease in any plant or plant § 340.4 Regulatory status review. result of hybridization, including via product. (a)(1) Any person may submit a methods such as embryo culture or Plant pest risk. The potential for request to APHIS for a regulatory status bridging crosses. direct or indirect injury to, damage to, review, pursuant to paragraph (b)(3) of Genetic engineering. Techniques that or disease in any plant or plant product this section. use recombinant, synthesized, or resulting from introducing or (2) Any person may request re-review amplified nucleic acids to modify or disseminating a plant pest, or the of a GE plant previously found to be create a genome. potential for exacerbating the impact of subject to this part after an initial review Import (importation). To move into, or a plant pest. was conducted, provided that the the act of movement into, the territorial Plant product. (1) Any flower, fruit, request is supported by new, limits of the United States. vegetable, root, bulb, seed, or other scientifically valid evidence bearing on Inspector. Any individual authorized plant part that is not included in the the plant pest risk associated with by the Administrator or by the definition of plant; or movement of the plant. Commissioner of Customs and Border (2) Any manufactured or processed (3) APHIS may also initiate a Protection, Department of Homeland plant or plant part. regulatory status review or re-review of Security, to enforce the regulations in Recipient organism. The organism a GE plant to identify whether it is this part. whose nucleic acid sequence will be subject to regulation under this part. Interstate. From one State into or modified through the use of genetic (4) Information submitted in support through any other State or within the engineering. of a request for a regulatory status District of Columbia, the Release into the environment review or re-review must meet the Commonwealth of the Northern Mariana (environmental release). The use of an requirements listed in paragraphs Islands, the Commonwealth of Puerto organism outside the physical (a)(4)(i) through (iii) of this section. constraints of a contained facility. Rico, Guam, the Virgin Islands of the (i) A description of the comparator Responsible person. The individual United States, or any other territory or plant(s), to include genus, species, and responsible for maintaining control over possession of the United States. any relevant subspecies information; Mechanism of action (MOA). The a GE organism under permit during its (ii) The genotype of the modified biochemical process(es) through which movement and for ensuring compliance plant, including a detailed description genetic material determines a trait. with all conditions contained in any Move (moving, movement). To carry, applicable permit as well as with other of the differences in genotype between enter, import, mail, ship, or transport; requirements in this part and in the the modified and unmodified plant; and aid, abet, cause, or induce the carrying, Plant Protection Act (7 U.S.C. 7701 et (iii) A detailed description of the new entering, importing, mailing, shipping, seq.). This individual must sign the trait(s) of the modified plant. or transporting; to offer to carry, enter, permit application, and must be at least (iv) Detailed information on how to import, mail, ship, or transport; to 18 years of age, and must be a legal meet the above-listed requirements can receive to carry, enter, import, mail, resident of the United States. be found on the APHIS website at ship, or transport; to release into the Secure shipment. Shipment in a https://www.aphis.usda.gov/aphis/ environment; or to allow any of the container or a means of conveyance of ourfocus/biotechnology. If APHIS above activities to occur. sufficient strength and integrity to proposes revisions to the detailed Organism. Any active, infective, or withstand leakage of contents, shocks, information on the APHIS website, dormant stage of life form of an entity pressure changes, and other conditions APHIS will make the proposed revisions characterized as living, including incident to ordinary handling in available for notice and public comment vertebrate and invertebrate animals, transportation. prior to implementation. plants, bacteria, fungi, mycoplasmas, State. Any of the several States of the (b)(1) When APHIS receives a request mycoplasma-like organisms, as well as United States, the Commonwealth of the for a regulatory status review of a GE entities such as viroids, viruses, or any Northern Mariana Islands, the plant, APHIS will conduct an initial entity characterized as living, related to Commonwealth of Puerto Rico, the review to determine whether there is a the foregoing. District of Columbia, Guam, the Virgin plausible pathway by which the GE Permit. A written authorization, Islands of the United States, or any plant, or any sexually compatible including by electronic methods, by the other territories or possessions of the relatives that can acquire the engineered Administrator to move organisms United States. trait from the GE plant, would pose an regulated under this part and associated State or Tribal regulatory official. increased plant pest risk relative to the articles under conditions prescribed by State or Tribal official with plant pest risk posed by the respective the Administrator. responsibilities for plant health, or any non-GE or other appropriate Person. Any individual, partnership, other duly designated State or Tribal comparator(s), based on the following corporation, company, society, official, in the State or on the Tribal factors: association, or other organized group. lands where the movement is to take (i) The biology of the comparator Plant. Any plant (including any plant place. plant(s) and its sexually compatible part) for or capable of propagation, Trait. An observable (able to be seen relatives; including a tree, a tissue culture, a or otherwise identified) characteristic of (ii) The trait and mechanism-of-action plantlet culture, pollen, a shrub, a vine, an organism. of the modification(s); and

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(iii) The effect of the trait and (c) This section is applicable on all proposed environmental release mechanism-of-action on: beginning April 5, 2021 for GE corn, sites, including land area (size), Global (A) The distribution, density, or soybean, cotton, potato, tomato, and Positioning System coordinates, development of the plant and its alfalfa, and on October 1, 2021 for all GE addresses, and land use history of the sexually compatible relatives; plants. site and adjacent areas; and the name (B) The production, creation, or (Approved by the Office of Management and contact information of a person at enhancement of a plant pest or a each environmental release site, if and Budget under control number 0579– reservoir for a plant pest; different from the responsible person. In 0471) (C) Harm to non-target organisms the event that additional release sites beneficial to agriculture; and § 340.5 Permits. are requested after the issuance of a (D) The weedy impacts of the plant permit, APHIS will evaluate and amend and its sexually compatible relatives. (a) Permit requirement. A permit from APHIS is required for the movement of permits as appropriate, in accordance (2) APHIS will complete the initial with paragraph (l) of this section. review within 180 days of receiving a all GE organisms subject to the regulations under this part. (c) Exemption for GE Arabidopsis request for a regulatory status review thaliana. A permit for interstate that meets the requirements specified in (b) Permit application requirements. All applications for permits must be movement is not required for GE paragraph (a)(4) of this section, except Arabidopsis thaliana, provided that it is in circumstances that could not submitted in accordance with the requirements of this section. The moved as a secure shipment, the reasonably have been anticipated. If modified genetic material is stably responsible person must apply for and APHIS does not identify a plausible integrated into the plant genome, and obtain a permit through APHIS’ website. pathway by which the GE plant or its the modified material does not include The application must also include the sexually compatible relatives would the complete infectious genome of a following information: pose an increased plant pest risk plant pest. relative to the comparator(s) in the (1) General information requirements (d) Exemption for GE disarmed initial review, the GE plant is not for all permit applications. All permit Agrobacterium species. A permit for subject to the regulations in this part. applications must include the name, importation or interstate movement is APHIS will post the plant, trait, and title, and contact information of the not required for any GE disarmed general description of the MOA on its responsible person and agent (if any); Agrobacterium species, provided that it website. the country (or countries) and locality is moved as a secure shipment, the (b)(3)(i) If APHIS does identify a (or localities) where the organism was modified genetic material is stably plausible pathway by which the GE collected, developed, manufactured, integrated into the genome, and the plant or its sexually compatible relatives reared, cultivated, and cultured (as modified material does not include the would pose an increased plant pest risk applicable); the organism’s genus, complete infectious genome of a plant relative to the comparator(s) in the species and any relevant subspecies and pest. initial review, the requestor may apply common name information; the (e) Exemption for Drosophila for a permit and/or request that APHIS intended activity (i.e., importation, melanogaster. A permit for importation conduct an evaluation of the factor(s) of interstate movement, or release into the or interstate movement is not required concern identified in the initial review environment of the GE organism); and for GE Drosophila melanogaster, to determine the likelihood and information on the intended trait and provided that it is moved as a secure consequence of the plausible increased the genotype of the intended trait. All shipment and that any introduced plant pest risk. APHIS may request permit applications must be signed by genetic material is not designed to additional information as needed to the responsible person. propagate through a population by evaluate the factor(s) of concern. (2) Information requirements for biasing the inheritance rate. (ii) For those GE plants for which permit applications for interstate (f) Exemption for certain microbial such an evaluation is conducted, APHIS movement or importation. Applications pesticides. A permit is not required for will publish the results of the evaluation for permits for interstate movement or the movement of any GE microorganism in the Federal Register and will solicit importation of GE organisms must product that is currently registered with and review comments from the public. include the following additional the Environmental Protection Agency Except in circumstances that could not information: (EPA) as a microbial pesticide, so long reasonably have been anticipated, (i) The origin and destination of the as the microorganism is not a plant pest APHIS will complete these steps within GE organism, including information on as defined in § 340.3. 15 months of receiving a request for a the addresses and contact details of the (g) Exemption of certain plant- regulatory status review that meets the sender and recipient, if different from incorporated protectants. A permit is requirements specified in paragraph the responsible person; not required for the movement of any (a)(4) of this section. (ii) The quantity of the GE organism, GE plant modified solely to contain a (iii) If APHIS finds that the GE plant the method of shipment, and means of plant-incorporated protectant that is and its sexually compatible relatives are ensuring the security of the shipment currently registered with EPA as a unlikely to pose an increased plant pest against unauthorized release of the pesticide product pursuant to the risk relative to their comparator(s), the organism; and Federal Insecticide, Fungicide, and GE plant is not subject to this part. (iii) The manner in which packaging Rodenticide Act (7 U.S.C. 136 et seq., APHIS will publish its evaluation of the material, shipping containers, and any FIFRA) or that is currently exempted plant-trait-MOA combination in a other material accompanying the from FIFRA pursuant to 40 CFR 174.21. subsequent Federal Register document organism will be disposed of to prevent (h) Administrative actions—(1) and will also post it on the APHIS unauthorized release. Review of permit applications. APHIS website. If APHIS does not make such (3) Information requirements for will review the permit application to a finding, the GE plant will remain permit applications for release into the determine whether it is complete. regulated under this part, and its environment. Applications for permits APHIS will notify the applicant orally movement will be allowed only under for release of GE organisms into the or in writing if the application is permit in accordance with § 340.5. environment must include information incomplete, and the applicant will be

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provided the opportunity to revise the under this section. The Administrator be submitted for all authorized release application. Once an application is may assign supplemental permit locations where an environmental complete, APHIS will review it to conditions as deemed necessary to release occurred. If no monitoring determine whether to approve or deny ensure confinement of the GE organism. activities are conducted, a volunteer the application. Prior to issuance of a permit or an monitoring report of no monitoring (2) APHIS assignment of permit amended permit, the responsible person must be submitted indicating why no conditions. If a permit application is will be required to agree in writing or volunteer monitoring was done. approved, the Administrator will issue electronically that he or she and his or (7) Inspectors must be allowed access, a permit with conditions as described in her agents will comply with the during regular business hours, to all paragraph (i) of this section. Prior to conditions of the permit, as described in locations related to the permitted issuance of a permit, the responsible this paragraph (i). If the responsible activities. person must agree in writing, in a person does not agree to the conditions, (8) The organism under permit must manner prescribed by the the amendment will be denied. undergo the application of measures Administrator, that the responsible (1) The organism under permit must determined by the Administrator to be person and all agents of the responsible be maintained and disposed of in a necessary to prevent its unauthorized person are aware of, understand, and manner so as to prevent its release, spread, dispersal, and/or will comply with the permit conditions. unauthorized release, spread, dispersal, persistence in the environment. Failure to comply with this provision and/or persistence in the environment. (9) In the event of a possible or actual will be grounds for the denial of a (2) The organism under permit must unauthorized release, the responsible permit. be kept separate from other organisms, person must contact APHIS as described (3) Inspections. All premises except as specifically allowed in the in the permit within 24 hours of associated with the permit are subject to permit. discovery and must subsequently inspection before and after permit (3) The organism under permit must supply a statement of facts in writing no issuance, and all materials associated be maintained only in areas and later than 5 business days after with the movement are subject to premises specified in the permit. discovery. sampling after permit issuance. The (4) The identity of the organism under (10) The responsible person for a responsible person and agents must permit must be maintained and permit remains the responsible person provide inspectors access to premises, verifiable at all times. for the permit unless a transfer of facilities, release locations, storage (5) Authorized activities may be responsibility is approved by APHIS. areas, waypoints, materials, equipment, engaged in only while the permit is The responsible person must contact means of conveyance, documents, and valid; the duration for which the permit APHIS to initiate any transfer. The new records related to the movement of is valid will be listed on the permit responsible person assumes all organisms permitted under this part. itself. responsibilities for ensuring compliance Failure to provide access for inspection (6) Records related to activities with the existing permit and permit prior to the issuance of a permit will be carried out under the permit must be conditions and for meeting the grounds for the denial of a permit. maintained by the responsible person requirements of this part. Failure to provide access for inspection and must be of sufficient accuracy, (j) Denial or withdrawal of a permit. following permit issuance will be quality, and completeness to Permit applications may be denied, or grounds for withdrawal of the permit. demonstrate compliance with all permit permits withdrawn, in accordance with (4) State or Tribal review and conditions and requirements under this this paragraph. comment. The Administrator will part. APHIS must be allowed access to (1) Denial of permits. The submit for notification and review a all records, to include visual inspection Administrator may deny, either orally or copy of the permit application, without and reproduction (e.g., photocopying, in writing, any application for a permit. confidential business information (CBI), digital reproduction). The responsible If the denial is oral, the Administrator and any permit conditions to the person must submit reports and notices will then communicate, as promptly as appropriate State or Tribal regulatory to APHIS, containing the information circumstances allow, the denial, and the official. Timely comments received from specified within the permit, at the times reasons for it, in writing. The the State or Tribal regulatory official specified in the permit. At a minimum: Administrator may deny a permit will be considered by the Administrator (i) Following an environmental application if: prior to permit issuance. release, environmental release reports (i) The Administrator concludes that (5) Approval or denial of a permit. must be submitted for all authorized the proposed actions, e.g., movements Except in circumstances that could not release locations where the release under permit, may not prevent the reasonably have been anticipated, occurred. Environmental release reports unauthorized release, spread, dispersal, APHIS will approve or deny the permit must contain details of sufficient and/or persistence in the environment within: accuracy, quality, and completeness to of the organism; or (i) 45 days of receipt of a complete identify the location, shape, and size of (ii) The Administrator determines that application for a permit for interstate the release and the organism(s) released the responsible person or any agent of movement or for importation; or into the environment. In the event no the responsible person has failed to (ii) 120 days of receipt of a complete release occurs at an authorized location, comply with any material provision of application for a permit for release into an environmental release report of no this part, any other regulations issued the environment. environmental release must be pursuant to the Plant Protection Act (7 (iii) The 120-day period may be submitted for all authorized locations U.S.C. 7701 et seq.) or the Plant extended if preparation of an where an environmental release did not Protection Act itself; environmental assessment or occur. Unauthorized releases must be (iii) In addition, no permit will be environmental impact statement is reported in accordance with paragraph issued if the responsible person and his necessary. (i)(9) of this section. or her agents do not agree in writing, in (i) Permit conditions. The standard (ii) When the environmental release is accordance with paragraph (h)(2) of this conditions listed in this paragraph (i) of a plant, reports of volunteer section, to comply with the permit will be assigned to all permits issued monitoring activities and findings must conditions or, in accordance with

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paragraph (h)(3) of this section, to allow contacting APHIS directly. The containers of organisms under permits inspection by APHIS. responsible person will have to provide must be accompanied by an invoice or (2) Withdrawal of permits. The supporting information justifying the packing list indicating the contents of Administrator may withdraw, either amendment. APHIS will review the the shipment. orally or in writing, any permit that has amendment request, and will amend the (4) Following the completion of the been issued. If the withdrawal is oral, permit if APHIS determines that shipment, all packaging material, the Administrator will communicate, as relatively minor changes are necessary. shipping containers, and any other promptly as circumstances allow, the Requests for more substantive changes material accompanying the organism withdrawal, and the reasons for it, in will require a new permit application. will be devitalized consistent with writing. The Administrator may Prior to issuance of an amended permit, supplemental permit conditions, or withdraw a permit if: the responsible person will be required disposed of to prevent unauthorized (i) Following issuance of the permit, to agree in writing or electronically that release. the Administrator receives information he or she and his or her agents will (n) Applicability date: This section is that would have provided grounds for comply with the conditions of the applicable beginning April 5, 2021. APHIS to deny the original permit amended permit. If the responsible application; person does not agree to the conditions, (Approved by the Office of Management (ii) The Administrator determines that the amendment will be denied. and Budget under control number 0579– actions taken under the permit have (2) Amendment initiated by APHIS. 0471) resulted in the unauthorized release, APHIS may amend any permit and its § 340.6 Record retention, compliance, and spread, dispersal, and/or persistence in conditions at any time, upon enforcement. the environment of the organism under determining that the amendment is (a) Recordkeeping. Responsible permit; or needed to address plant pest risks persons and their agents are required to (iii) The Administrator determines presented by the organism or the establish, keep, and make available to that the responsible person or any agent activities allowed under the permit. APHIS the following records: of the responsible person has failed to APHIS will notify the responsible (1) Records and reports required comply at any time with any material person of the amendment to the permit under § 340.5(i); provision of this part or with any other and, as soon as circumstances allow, the (2) Addresses and any other regulations issued pursuant to the Plant reason(s) for it. The responsible person information (e.g., GPS coordinates, Protection Act (7 U.S.C. 7701 et seq.). may have to agree in writing or maps) needed to identify all locations This includes failure to comply with the electronically that he or she and his or where the organism under permit was conditions of any permit issued. her agents will comply with the stored or used, including all contained (k) Appeal of denial or withdrawal of conditions of the amended permit permit. Any person whose permit before APHIS will issue it. If APHIS facilities and environmental release application has been denied or whose requests such an agreement, and the locations; permit has been withdrawn may appeal responsible person does not accept it, (3) A copy of the APHIS permit the decision in writing to the the existing permit will be withdrawn. authorizing the permitted activity; and Administrator.1 The applicant must (m) Shipping under a permit. (1) All (4) Legible copies of contracts submit in writing an acknowledgment of shipments of organisms under permit (including amendments to contracts) the denial or withdrawal, and a must be secure shipments. Organisms between the responsible person and statement of intent to appeal, within 10 under permit must be shipped in agents that conduct activities subject to days after receiving written notification accordance with the regulations in 49 this part for the responsible person, and of the denial or withdrawal. The CFR part 178. copies of documents relating to applicant may request additional time to (2) The container must be agreements made without a written prepare the appeal. The appeal must accompanied by a document that contract. state all of the facts and reasons upon includes the names and contact details (b) Record retention. Records which the person relies to assert that the for the sender and recipient. indicating that an organism under permit was wrongfully denied or (3) For any organism to be imported permit that was imported or moved withdrawn. The Administrator will into the United States, the outmost interstate reached its intended grant or deny the appeal in writing, container must bear information destination must be retained for at least stating the reasons for the decision as regarding the nature and quantity of the 2 years. All other records related to a promptly as circumstances allow. If contents; the country (or countries) and permit must be retained for 5 years there is a conflict as to any material fact, locality (localities) where collected, following the expiration of the permit, a hearing shall be held to resolve such developed, manufactured, reared, unless a longer retention period is conflict. cultivated, and cultured (as applicable); determined to be needed by the (l) Amendment of permits—(1) the name and address of the shipper, Administrator and is documented in the Amendment at responsible person’s owner, or person shipping or forwarding supplemental permit conditions. request. If the responsible person the organism; the name, address, and (c) Compliance and enforcement. (1) determines that circumstances have telephone number of the consignee; the Responsible persons and their agents changed since the permit was initially identifying shipper’s mark and number; must comply with all of the issued and wishes the permit to be and the permit number authorizing the requirements of this part. Failure to amended accordingly, the responsible importation. For organisms imported comply with any of the requirements of person must request the amendment by under permits by mail, the container this part may result in any or all of the must also be addressed to a plant following: 1 The Office of the Administrator, as established inspection station listed in the USDA (i) Denial of a permit application or in § 371.2 of this chapter, will review appeals Plants for Planting Manual, which can withdrawal of a permit in accordance involving the denial or withdrawal of a permit. be accessed at: https:// with § 340.5(j); Appeals may be sent to Office of the Administrator, _ United States Department of Agriculture, Jamie L. www.aphis.usda.gov/import export/ (ii) Application of remedial measures Whitten Building, Room 312–E, 1400 Independence plants/manuals/ports/downloads/ in accordance with the Plant Protection Ave. SW, Washington, DC 20250. plants_for_planting.pdf. All imported Act (7 U.S.C. 7701 et seq.); and

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(iii) Criminal and/or civil penalties in be marked ‘‘CBI Copy.’’ A second copy PART 372—NATIONAL accordance with the Plant Protection of the document must be submitted with ENVIRONMENTAL POLICY ACT Act (7 U.S.C. 7701 et seq.). all such CBI deleted, and each page IMPLEMENTING PROCEDURES (2) Prior to the issuance of a where the CBI was deleted must be complaint seeking a civil penalty, the marked ‘‘CBI Deleted.’’ In addition, any ■ 4. The authority citation for part 372 Administrator may enter into a person submitting CBI must justify how continues to read as follows: stipulation, in accordance with § 380.10 each piece of information requested to Authority: 42 U.S.C. 4321 et seq.; 40 CFR of this chapter. be treated as CBI is a trade secret or, if parts 1500–1508; 7 CFR parts 1b, 2.22, 2.80, (d) Liability for acts of an agent. For not a trade secret, is either commercial and 371.9. purposes of enforcing this part, the act, or financial information that is omission, or failure of any agent for a privileged or confidential. § 372.5 [Amended] responsible person may be deemed also ■ 5. Section 372.5 is amended as § 340.8 Costs and charges. to be the act, omission, or failure of the follows: responsible person. The services of the inspector related ■ a. By removing paragraph (b)(7); (Approved by the Office of Management to carrying out this part and provided ■ b. In paragraph (c)(3)(iii), by removing and Budget under control number 0579– during regularly assigned hours of duty the words ‘‘, or acknowledgment of 0471) and at the usual places of duty will be notifications for,’’ and adding the word furnished by APHIS without cost to the § 340.7 Confidential business information. ‘‘for’’ in their place; and responsible person.1 The U.S. ■ c. By removing and reserving Persons including confidential Department of Agriculture will not be paragraph (c)(4). business information (CBI) in any responsible for any costs or charges document submitted to APHIS under Done in Washington, DC, this 13th day of incidental to inspections or compliance May 2020. this part should do so in the following with the provisions of this part, other Lorren Walker, manner. If there are portions of a than for the services of the inspector. document deemed to contain Acting Under Secretary for Marketing and Regulatory Programs. confidential business information, those 1 The Department’s provisions relating to portions must be identified, and each overtime charges for an inspector’s services are set [FR Doc. 2020–10638 Filed 5–15–20; 8:45 am] page containing such information must forth in part 354 of this chapter. BILLING CODE 3410–34–P

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Reader Aids Federal Register Vol. 85, No. 96 Monday, May 18, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY

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. 1217...... 27690 Presidential Documents 3 CFR 1250...... 27163 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 10016...... 26585 8 CFR 10017...... 26587 Other Services 103...... 29264 10018...... 26589 208...... 29264 Electronic and on-line services (voice) 741–6020 10019...... 26823 209...... 29264 Privacy Act Compilation 741–6050 10020...... 26825 212...... 29264 10021...... 26829 214 ...... 27645, 28843, 29264 10022...... 26831 ELECTRONIC RESEARCH 235...... 29264 10023...... 26833 274a...... 28843, 29264 World Wide Web 10024...... 27283 10025...... 27285 9 CFR Full text of the daily Federal Register, CFR and other publications 10026...... 27633 1...... 28772 is located at: www.govinfo.gov. 10027...... 27905 2...... 28772 Federal Register information and research tools, including Public 10028...... 27907 3...... 28772 Inspection List and electronic text are located at: 10029...... 28469 10 CFR www.federalregister.gov. 10030...... 28831 10031...... 28833 50...... 26540 E-mail 10032...... 28835 72...... 28479 10033...... 28837 FEDREGTOC (Daily Federal Register Table of Contents Electronic Proposed Rules: Mailing List) is an open e-mail service that provides subscribers Executive Orders: Ch. 1...... 27332, 29358 13917...... 26311 with a digital form of the Federal Register Table of Contents. The 50...... 28436 13918...... 26313 digital form of the Federal Register Table of Contents includes 52...... 28436 13919...... 26591 HTML and PDF links to the full text of each document. 72...... 28521 13920...... 26595 430 ...... 25324, 26369, 29352 To join or leave, go to https://public.govdelivery.com/accounts/ 13921...... 28471 431 ...... 26626, 27929, 27941 USGPOOFR/subscriber/new, enter your email address, then Administrative Orders: 1021...... 25338 follow the instructions to join, leave, or manage your Memorandums: subscription. Memorandum of April 12 CFR PENS (Public Law Electronic Notification Service) is an e-mail 28, 2020 ...... 26315 50...... 26835 service that notifies subscribers of recently enacted laws. Memorandum of May 249...... 26835 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 8, 2020 ...... 28839 329...... 26835 and select Join or leave the list (or change settings); then follow Memorandum of May 1003...... 28364 the instructions. 12, 2020 ...... 29591 1024...... 25279 Notices: 1026...... 26319 FEDREGTOC and PENS are mailing lists only. We cannot Notice of May 7, respond to specific inquiries. 2020 ...... 27639 13 CFR Reference questions. Send questions and comments about the Notice of May 7, 113...... 27287 Federal Register system to: [email protected] 2020 ...... 27641 120 ...... 26321, 26324, 27287 Notice of May 7, 124...... 27290, 27650 The Federal Register staff cannot interpret specific documents or 2020 ...... 27643 125...... 27650 regulations. Notice of May 13, 126...... 27650 2020 ...... 29321 127...... 27650 FEDERAL REGISTER PAGES AND DATE, MAY 5 CFR 14 CFR 25279–26316...... 1 Proposed Rules: 21...... 26326 26319–26600...... 4 315...... 29348 39 ...... 26842, 27109, 27112, 26601–26834...... 5 335...... 29348 27665, 27667, 27670, 27909, 26835–27104...... 6 29596, 29598, 29601 7 CFR 27105–27286...... 7 61...... 26326 27287–27644...... 8 205...... 27105 63...... 26326 27645–27908...... 11 330...... 29790 65...... 26326 27909–28478...... 12 340...... 29790 71 ...... 25283, 26601, 26602, 372...... 29790 28479–28840...... 13 26604, 26605, 26607, 26608, 932...... 28841 26609, 26845, 26846, 27114, 28841–29322...... 14 984...... 27107 27293, 27294, 27295, 27673, 29323–29590...... 15 4279...... 29593 27911, 27912, 27914, 27915, 29591–29838...... 18 4287...... 29593 27916, 28852 Proposed Rules: 91...... 26326 271...... 29673 95...... 29603 273...... 29673 97 ...... 26611, 26613, 27917, 905...... 27159 27919

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107...... 26326 26 CFR Proposed Rules: 155...... 29164 125...... 26326 1 ...... 26848, 28867, 29323 9...... 28140 156 ...... 25640, 27550, 29164 141...... 26326 54...... 26351 50...... 26634 158...... 29164 52 ...... 25377, 25379, 26418, 160...... 29637 Proposed Rules: Proposed Rules: 26635, 26641, 26643, 26647, 164...... 29637 39 ...... 25343, 25346, 25351, 1 ...... 25376, 27693, 28524, 26907, 27344, 27976, 28548, 170...... 25640 25354, 26374, 26375, 26888, 28539, 29368 28550, 28919, 29369, 29377, 171...... 25640 26891, 26893, 26896, 27167, 301...... 29368 27170, 28888, 28890, 28893, 29381, 29678 1355...... 28410 28895, 29673, 29676 29 CFR 59...... 28140 60...... 28140 46 CFR 71 ...... 26898, 26901, 27172, 2560...... 26351 79...... 29034 30...... 27308 27174, 27176, 27178, 27180, 2590...... 26351 80...... 29034 150...... 27308 27181, 27183, 27184, 27186, 4022...... 29323 27188, 27189, 27333, 27334, 81...... 28550, 29381 153...... 27308 27337, 27339, 28523, 28897 30 CFR 85...... 28140 545...... 29638 399...... 26633 86 ...... 28140, 28564, 29034 948...... 27139 88...... 28140 47 CFR 15 CFR Proposed Rules: 89...... 28140 64...... 26857, 27309 744...... 29610 733...... 28904 90...... 28140 76...... 26364 762...... 29610 736...... 28904 91...... 28140 96...... 25309 842...... 28904 Proposed Rules: 92...... 28140 935...... 26413 Proposed Rules: 922...... 25357 94...... 28140 1...... 26438 180...... 27346 31 CFR 2...... 26438 16 CFR 258...... 27348 18...... 26438 208...... 25285 271...... 26911 Proposed Rules: 54...... 25380, 26653 Ch. 1...... 27191, 29359 300...... 27979 73...... 28586 32 CFR 600...... 28564 17 CFR 112...... 27157 721...... 26419 48 CFR 1027...... 28140 23...... 27674 144...... 27157 Ch. 1...... 27086, 27102 1033...... 28140 160...... 29611 199...... 26355, 27921 1 ...... 27087, 27088, 27098, 1036...... 28140 200 ...... 25962, 28484, 29614 29666 33 CFR 1037...... 28140, 29034 227...... 27116 2...... 27087 1039...... 28140 230 ...... 25962, 28484, 29614 100...... 26355 4...... 27101 1042...... 28140 232 ...... 25962, 28484, 29614 117...... 26358 5...... 27088, 29666 1043...... 28140 239 ...... 25962, 27116, 28484, 165 ...... 26359, 26615, 28488, 8...... 27088, 29666 1045...... 28140 29614 29615 9...... 27088, 29666 1048...... 28140 240 ...... 25962, 28484, 28853, Proposed Rules: 12 ...... 27088, 27098, 29666 1051...... 28140 29614 100 ...... 26903, 27341, 28539, 13...... 27088, 29666 1054...... 28140 270 ...... 25962, 28484, 29614 29369 15...... 27088, 29666 1060...... 28140 274 ...... 25962, 28484, 29614 110...... 27343 19 ...... 27088, 27101, 29666 1065...... 28140 Proposed Rules: 117 ...... 28540, 28542, 28544, 22 ...... 27087, 27088, 29666 1066...... 28140 28546 25 ...... 27088, 27098, 27101, 4...... 26378 1068...... 28140 135...... 28802 29666 50...... 27955 1090...... 29034 210...... 28734 138...... 28802 29...... 27098 270...... 28734 153...... 28802 42 CFR 30...... 27088, 29666 50...... 27088, 29666 18 CFR 36 CFR 406...... 25508 407...... 25508 52 ...... 27087, 27088, 27098, 1253...... 26848 35...... 27681 409...... 27550 27101, 29666 1290...... 26848 410...... 27550 Proposed Rules: 19 CFR 404...... 29621 412...... 27550 25...... 28596 351...... 29615 413...... 27550 37 CFR 49 CFR 21 CFR 414...... 27550 202...... 27296 415...... 27550 171...... 27810 888...... 26350 Proposed Rules: 422...... 25508 172...... 27810 Proposed Rules: 360...... 26906 423...... 25508 173...... 27810 73...... 27340 424...... 27550 174...... 27810 39 CFR 573 ...... 26902, 27692, 28898 425...... 27550 175...... 27810 1308...... 28899, 29359 111...... 27299 431...... 25508 176...... 27810 1401...... 29366 3040...... 27301 438...... 25508 178...... 27810 3045...... 29324 440...... 27550 180...... 27810 22 CFR Proposed Rules: 457...... 25508 1333...... 26858, 26866 120...... 25285 111...... 28917 482...... 25508 1570...... 25313 122...... 25285, 26847 483...... 27550 Proposed Rules: 123...... 25285 40 CFR 484...... 27550 Ch. X...... 26915 124...... 25285 9...... 26617, 26617 485...... 25508 129...... 25285 52 ...... 25291, 25293, 25299, 600...... 27550 50 CFR 25301, 25305, 26361, 27927, Proposed Rules: 17...... 26786, 29532 24 CFR 28490, 28493, 28883, 29325, Ch. IV...... 26438 91...... 27313 5...... 27133 29327, 29329, 29331, 29627, 216...... 29666 891...... 27133 29628 44 CFR 219...... 27028 960...... 27133 70...... 29329 64...... 28499 300...... 25315, 29666 962...... 27133 81...... 29331 333...... 28500 635...... 26365 131...... 28494 648...... 26874, 29345 25 CFR 180 ...... 29338, 29340, 29630, 45 CFR 660...... 27317, 27687 Proposed Rules: 29633 146...... 29164 665...... 26622 82...... 26902 721...... 26617 149...... 29164 679...... 27158, 29670

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