Vol. 85 Monday, No. 164 August 24, 2020

Pages 52025–52236

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 164

Monday, August 24, 2020

Agriculture Department PROPOSED RULES See Animal and Plant Health Inspection Service Federal Acquisition Regulation: See Commodity Credit Corporation Analysis for Equipment Acquisitions, 52081–52084 See Food and Nutrition Service NOTICES Arms Sales, 52097–52108 Animal and Plant Health Inspection Service Education Department NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submissions, and Approvals: Volunteer Service Agreements and Volunteer Service William D. Ford Federal Direct Loan Program, Federal Time and Attendance Record, 52085 Direct PLUS Loan Request for Supplemental Information, 52108–52109 Bureau of Safety and Environmental Enforcement NOTICES Employment and Training Administration Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Meetings: Oil-Spill Response Requirements for Facilities Located Workforce Information Advisory Council, 52157–52158 Seaward of the Coastline, 52147–52148 Operations in the Outer Continental Shelf for Minerals Energy Department Other than Oil, Gas, and Sulphur, 52146–52147 See Federal Energy Regulatory Commission Plans and Information, 52143–52144 See Western Area Power Administration Pollution Prevention and Control, 52149–52150 NOTICES Relief or Reduction in Royalty Rates, 52148–52149 Request for Information: Safety and Environmental Management Systems, 52145– FY 2021 Bioenergy Technologies Office Multi-Topics, 52146 52109 Well Control and Production Safety Training, 52144 Environmental Protection Agency Centers for Medicare & Medicaid Services RULES NOTICES Air Quality State Implementation Plans; Approvals and Meetings: Promulgations: Advisory Panel on Outreach and Education, 52134–52136 Georgia; Revision to I/M Program, 52047–52049 PROPOSED RULES Civil Rights Commission National Emission Standards for Hazardous Air Pollutants NOTICES for Major Sources: Meetings: Industrial, Commercial, and Institutional Boilers and Mississippi Advisory Committee, 52086 Process Heaters; Amendments, 52198–52236 Nevada Advisory Committee, 52085–52086 NOTICES Meetings: Commerce Department Board of Scientific Counselors Safe and Sustainable See International Trade Administration Water Resources Subcommittee, 52130–52131 See National Institute of Standards and Technology Equal Employment Opportunity Commission See National Oceanic and Atmospheric Administration NOTICES See Office of the Under-Secretary for Economic Affairs Meetings; Sunshine Act, 52131

Commodity Credit Corporation Federal Aviation Administration RULES RULES Payment Limitation and Payment Eligibility, 52033–52041 Airworthiness Directives: Pacific Aerospace Limited Airplanes, 52043–52045 Consumer Product Safety Commission Amendment of Class E Airspace: PROPOSED RULES Harrison, AR, 52045–52047 Regulatory Flexibility Act Review: Special Conditions: Testing and Labeling Regulations Pertaining to Product Safran Helicopter Engines, S.A., Arrano 1A Turboshaft Certification of Children’s Products, Including Engine Model; 30-Minute All Engines Operating Reliance on Component Part Testing, 52078–52081 Power Rating, 52041–52043 NOTICES Simulation and Analysis Plan To Evaluate the Impact of Federal Communications Commission Carbon Monoxide Mitigation Requirements for Portable RULES Generators, 52096–52097 Spectrum Horizons, 52054–52055 NOTICES Defense Department Agency Information Collection Activities; Proposals, See Navy Department Submissions, and Approvals, 52131–52132

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Federal Emergency Management Agency Homeland Security Department RULES See Federal Emergency Management Agency Suspension of Community Eligibility, 52052–52054 Interior Department Federal Energy Regulatory Commission See Bureau of Safety and Environmental Enforcement NOTICES Application: International Trade Administration Transcontinental Gas Pipe Line Co., LLC; Sea Robin NOTICES Pipeline Co., LLC; Florida Gas Transmission Co., Antidumping or Countervailing Duty Investigations, Orders, LLC, 52114–52115 or Reviews: Combined Filings, 52109–52113 Certain Vertical Shaft Engines Between 99cc and up to Initial Market-Based Rate Filings Including Requests for 225cc, and Parts Thereof, From the People’s Republic Blanket Section 204 Authorizations: of China, 52086–52089 Neosho Ridge Wind, LLC, 52111–52112 South Field Energy, LLC, 52112 International Trade Commission SR Snipesville, LLC, 52111 NOTICES Water Strider Solar, LLC, 52113–52114 Investigations; Determinations, Modifications, and Rulings, etc.: Federal Railroad Administration Certain Height-Adjustable Desk Platforms and NOTICES Components Thereof, 52150 Agency Information Collection Activities; Proposals, Certain Mobile Electronic Devices and Laptop Computers, Submissions, and Approvals, 52190–52191 52153–52154 Petition for Waiver of Compliance, 52189–52190 Certain Replacement Automotive Service and Collision Parts and Components Thereof, 52154–52155 Federal Retirement Thrift Investment Board Certain Tobacco Heating Articles and Components NOTICES Thereof, 52152–52153 Privacy Act; Systems of Records, 52132–52134 Fluid End Blocks From China, Germany, India, and Italy, 52151–52152 Food and Drug Administration PROPOSED RULES Justice Department Withdrawal of Color Additive Petition: NOTICES CooperVision, Inc., 52081 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52155–52156 Food and Nutrition Service Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals: Supplemental Nutrition Assistance Program: National Survey of Youth in Custody, 2017–2018, 52156– 2008 Farm Bill Provisions on Clarification of Split 52157 Issuance; Accrual of Benefits and Definition Changes, 52025–52033 Labor Department See Employment and Training Administration Foreign Assets Control Office See Labor Statistics Bureau NOTICES Blocking or Unblocking of Persons and Properties, 52191– Labor Statistics Bureau 52192 NOTICES Agency Information Collection Activities; Proposals, General Services Administration Submissions, and Approvals, 52158–52159 RULES Public Availability of Agency Records and Informational National Aeronautics and Space Administration Materials; Technical Amendment, 52049–52052 PROPOSED RULES PROPOSED RULES Federal Acquisition Regulation: Federal Acquisition Regulation: Analysis for Equipment Acquisitions, 52081–52084 Analysis for Equipment Acquisitions, 52081–52084 NOTICES National Institute of Standards and Technology Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Ombudsman Inquiry/Request Instrument, 52134 Submissions, and Approvals: Manufacturing Extension Partnership Client Impact Health and Human Services Department Survey, 52089 See Centers for Medicare & Medicaid Services See Food and Drug Administration National Institutes of Health See National Institutes of Health NOTICES NOTICES Meetings: Meetings: Center for Scientific Review, 52142 Tick-Borne Disease Working Group, 52141 National Heart, Lung, and Blood Institute, 52142–52143 Third Amendment to Declaration Under the Public National Institute of Arthritis and Musculoskeletal and Readiness and Emergency Preparedness Act for Skin Diseases, 52142 Medical Countermeasures Against COVID–19, 52136– National Institute of Diabetes and Digestive and Kidney 52141 Diseases, 52141

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National Oceanic and Atmospheric Administration The Options Clearing Corp., 52176–52178 RULES Fisheries of the Caribbean, Gulf of Mexico, and South State Department Atlantic: NOTICES Reef Fish Fishery of the Gulf of Mexico; 2020 Red Determinations Pursuant to the Foreign Missions Act, Snapper Private Angling Component Accountability 52187–52188 Measure in Federal Waters off Texas, 52055–52056 Privacy Act of 1974; System of Records, 52185–52187 Fisheries of the Northeastern United States: Atlantic Bluefish Fishery; Quota Transfer From Virginia Trade Representative, Office of United States to Rhode Island, 52057 NOTICES Summer Flounder Fishery; Quota Transfer From North Product Exclusions: Carolina to Virginia, 52056 NOTICES China’s Acts, Policies, and Practices Related to Agency Information Collection Activities; Proposals, Technology Transfer, Intellectual Property, and Submissions, and Approvals: Innovation, 52188–52189 Economic Surveys of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands Transportation Department Small Boat-Based Fisheries, 52090 See Federal Aviation Administration Non-Commercial Permit and Reporting Requirements in See Federal Railroad Administration the Main Hawaiian Islands Bottomfish Fishery, 52090–52091 Treasury Department Meetings: See Foreign Assets Control Office Fisheries of the South Atlantic; Southeast Data, See United States Mint Assessment, and Review, 52096 NOTICES Mid-Atlantic Fishery Management Council, 52089–52090 Agency Information Collection Activities; Proposals, North Pacific Fishery Management Council, 52095–52096 Submissions, and Approvals, 52192–52193 Schedules for Atlantic Shark Identification Workshops Agency Information Collection Activities; Proposals, and Safe Handling, Release, and Identification Submissions, and Approvals: Workshops, 52094–52095 Generic Clearance for the Collection of Qualitative Western Pacific Fishery Management Council, 52091– Feedback on Agency Service Delivery, 52193 52094 United States Mint Navy Department NOTICES NOTICES Meetings: Certificate of Alternate Compliance: Citizens Coinage Advisory Committee, 52193–52194 USS DANIEL INOUYE (DDG 118), 52108 Nuclear Regulatory Commission Veterans Affairs Department PROPOSED RULES NOTICES Accident Source Term Methodologies and Corresponding Privacy Act; Computer Matching Program, 52194–52195 Release Fractions, 52058–52059 Privacy Act; Matching Program, 52195–52196

Office of the Under–Secretary for Economic Affairs Western Area Power Administration PROPOSED RULES NOTICES Concrete Masonry Products Research, Education and Rate Order: Promotion Order, 52059–52077 Salt Lake City Area Integrated Projects and Colorado River Storage Project, 52115–52130 Postal Service NOTICES Meetings; Sunshine Act, 52159 Separate Parts In This Issue Securities and Exchange Commission NOTICES Part II Agency Information Collection Activities; Proposals, Environmental Protection Agency, 52198–52236 Submissions, and Approvals, 52173–52174, 52178– 52179 Meetings; Sunshine Act, 52166–52167 Self-Regulatory Organizations; Proposed Rule Changes: Reader Aids Cboe EDGX Exchange, Inc., 52171–52173 Consult the Reader Aids section at the end of this issue for Cboe Exchange, Inc., 52168–52170 phone numbers, online resources, finding aids, and notice Fixed Income Clearing Corp., 52164–52166 of recently enacted public laws. New York Stock Exchange, LLC, 52159–52164 To subscribe to the Federal Register Table of Contents NYSE Arca, Inc., 52179–52185 electronic mailing list, go to https://public.govdelivery.com/ NYSE National, Inc., 52174 accounts/USGPOOFR/subscriber/new, enter your e-mail The Nasdaq Stock Market, LLC, 52167–52168, 52174– address, then follow the instructions to join, leave, or 52176 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 271...... 52025 274...... 52025 1400...... 52033 10 CFR Proposed Rules: 50...... 52058 14 CFR 33...... 52041 39...... 52043 71...... 52045 15 CFR Proposed Rules: Ch. XV ...... 52059 16 CFR Proposed Rules: 1107...... 52078 1109...... 52078 21 CFR Proposed Rules: 73...... 52081 40 CFR 52...... 52047 Proposed Rules: 63...... 52198 41 CFR 105–60...... 52049 44 CFR 64...... 52052 47 CFR 5...... 52054 15...... 52054 48 CFR Proposed Rules: 7 (3 documents) ...... 52081 50 CFR 622...... 52055 648 (2 documents) ...... 52056, 52057

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Rules and Regulations Federal Register Vol. 85, No. 164

Monday, August 24, 2020

This section of the FEDERAL REGISTER part 274 to implement the benefit ‘‘Employment and Training (E&T) contains regulatory documents having general issuance, storage and expungement mandatory participant.’’ is being applicability and legal effect, most of which provisions of the Food, Conservation withdrawn because they will be are keyed to and codified in the Code of and Energy Act of 2008, Public Law included in a separate rulemaking on Federal Regulations, which is published under 110–234 (2008 Farm Bill). E&T provisions. 50 titles pursuant to 44 U.S.C. 1510. Since publication of the proposed • State agencies will now have the The Code of Federal Regulations is sold by rule, the President signed the option to maintain the current method the Superintendent of Documents. Agriculture Improvement Act of 2018 of expunging unused benefits only from (2018 Farm Bill), which made inactive accounts or to expunge benefits additional mandatory changes to the based on the date of issuance, regardless DEPARTMENT OF AGRICULTURE provisions governing the storage and of account activity. The option the State expungement of unused benefits. chooses must be applied to all Food and Nutrition Service Accordingly, the Department intends to households. adopt these 2018 Farm Bill provisions • State agencies must expunge 7 CFR Parts 271 and 274 as final as well. unused benefits after nine months [FNS–2016–0074] Finally, this final rule will update (rather than 12 months) in accordance terminology at 7 CFR part 271 to reflect RIN 0584–AE02 with one of the expungement processes the program’s new name and the above. issuance of benefits through Electronic Supplemental Nutrition Assistance • States agencies must provide notice Benefit Transfer (EBT) systems, as well Program: 2008 Farm Bill Provisions on to individual households prior to as add new EBT-related definitions to 7 Clarification of Split Issuance; Accrual expunging benefits no later than 30 days CFR 271.2. of Benefits and Definition Changes prior to the date the benefits will be Summary of Changes From Proposed expunged. AGENCY: Food and Nutrition Service, Rule • State agencies may choose to take U.S. Department of Agriculture. benefits off-line prior to expungement The final rule incorporates the ACTION: Final rule. after three months of account inactivity following modifications for clarity: • The definitions of EBT Card, EBT (rather than six months). SUMMARY: This final rule amends the • State agencies will not be required Supplemental Nutrition Assistance System, Interoperability and Point-of- Sale Device will no longer refer to point- to remove off-line benefits from the Program (SNAP) regulations to Account Management Agent (AMA) as implement provisions of the 2008 Farm of-sale and card technology in order to take into account on-line and other proposed. Instead, State agencies will be Bill regarding monthly benefit issuance required to make the entire EBT account allotments, storage of benefits off-line, emerging technologies. • Amendatory language is being inaccessible to the household if they and permanent expungement of unused take benefits off-line. benefits, as well as related benefit added to clarify that taking benefits off- expungement and off-line storage line means making a household’s entire II. Background provisions of the 2018 Farm Bill. This SNAP EBT account inaccessible to the household, including any new benefits SNAP regulations at 7 CFR part 274 final rule also updates SNAP regulations already required several of the 2008 to reflect the program’s name change to added to the account. • Amendatory language is being Farm bill provisions addressed in the SNAP and benefit issuance through added to clarify that any unexpired proposed rule. These include Electronic Benefit Transfer (EBT) benefits taken off-line must be restored requirements to issue monthly benefits systems. upon a household’s recertification or in one lump sum, expunge unused DATES: This final rule is effective reapplication for benefits or a general benefits after the household’s account September 23, 2020. request for assistance. has been inactive for 12 months, and FOR FURTHER INFORMATION CONTACT: • Amendatory language is being notify households prior to taking Vicky T. Robinson, Chief, Retailer added to clarify that benefits must be benefits off-line. The Department’s Management and Issuance Branch, expunged on a first-in-first-out (FIFO) implementing memo on October 1, Retailer Policy and Management basis. 2008, addressed provisions requiring Division, Food and Nutrition Service The Department is also making the State agencies to wait until a SNAP (FNS), U.S. Department of Agriculture following changes to the proposed account remains inactive for six months provisions: and to reinstate off-line benefits within (USDA), 1320 Braddock Place, • Alexandria, Virginia 22314, (703) 305– The proposed change to the 48 hours of a household’s request. 2476, [email protected]. definition of ‘‘Drug addiction or The Department published a proposed alcoholic treatment and rehabilitation rule to solicit comments on various SUPPLEMENTARY INFORMATION: program,’’ is being withdrawn to implementation details of the above I. Executive Summary provide the public another opportunity provisions over which the Department to comment as part of a future has discretion, as well as to update 7 Purpose of the Regulatory Action comprehensive rulemaking regarding CFR part 271 to reflect ‘‘SNAP’’ as the This rule finalizes the provisions of a group living arrangements. new name of the program and the proposed rule published on September • The proposed corrections to the mandatory issuance of benefits through 29, 2016 (81 FR 66866). With this final definitions of ‘‘Employment and Electronic Benefit Transfer (EBT) rule, the Department is amending 7 CFR Training (E&T) component,’’ and systems.

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With regard to benefit expungement, update terminology for the EBT offline. Accordingly, the Department the proposed rule specifically solicited issuance system and ensure consistency proposed rules to reflect this new feedback on whether the expungement with current policy. Commenters requirement. However, following timeframe should continue to apply wanted the definitions of EBT card, EBT publication of the proposed rule, only to inactive EBT accounts as system, Interoperability, and point-of- Congress passed the 2018 Farm Bill required under current SNAP policy, sale (POS) terminal to account for which restored the original requirement require State agencies to expunge possible technologies that do not require of three months of inactivity. Because benefits based on the date of issuance a POS terminal or EBT card, such as this statutory provision is mandatory even if the account remains active, or online shopping. The Department agrees and non-discretionary, the Department provide States agencies the option to that the proposed definitions may be too will not change the current regulation, use either method. narrow as technology develops. which requires three months of On December 20, 2018, the President Therefore, this final rule broadens these inactivity prior to moving benefits signed the 2018 Farm Bill, which made definitions. One commenter also noted offline. additional changes to the provisions that adding the definition for Contractor The Department also proposed to governing the storage and expungement would be confusing, given such broad notify households in advance within 10 of unused benefits. Section 4006 of the and varying use of the term throughout days prior to moving inactive account 2018 Farm Bill specifies that a State the SNAP program. This final rule will benefits off-line. In addition, the may take benefits off-line after three change the term Contractor to EBT Department proposed to require that any months (previously six months) and that contractor to distinguish it from other offline benefits must be restored within States must expunge unused benefits types of contractors used in SNAP. 48 hours of the recipient’s request. after nine months (previously 12 These changes are reflected at § 271.2. Finally, the Department proposed to months). States must also notify remove off-line benefits from the EBT individual households before expunging Split Issuance system rather than merely deactivating their benefits. Because these provisions Section 4113 of the 2008 Farm Bill the account. are mandatory and non-discretionary, required State agencies to issue a No comments opposed the the Department is including these household’s ongoing monthly benefit requirement for the notice or the provisions in this final rule without allotment in one lump sum. The restoration of benefits within 48 hours comment. State agencies will have 12 Department clarified existing of a recipient’s requests. However, months from the effective date of this regulations in the proposed regulations commenters did request exemptions for rule to implement these mandatory 2018 that affirm this requirement. certain groups, consideration of Farm Bill provisions. Thirteen advocate and two industry potential barriers to participation in The Department solicited comments organizations expressed strong support SNAP before moving inactive account on the proposed rule for 60 days, ending for prohibiting State agencies from benefits off-line, and clarification November 28, 2016. The Department splitting ongoing monthly allotments. regarding removal of off-line benefits received 24 comments from various They believe that lump sum monthly from the EBT and AMA systems. The entities, including 13 advocate allotments provide SNAP households Department summarizes these organizations, eight State or local with maximum flexibility for managing comments and provides its responses government agencies, two Electronic how and when to purchase food within below. Funds Transfer (EFT) associations, and the time, transportation and other Nine advocate organizations one individual not identified with an constraints that low-income shoppers requested that the Department make organization or a State agency. often face. One commenter also several household categories exempt commented that splitting monthly from having their benefits taken off-line, III. Summary of Comments and SNAP allotments would have a such as the elderly, disabled and/or Explanation of Revisions ‘‘chilling effect’’ on seniors receiving households that receive the minimum Overall, commenters supported the SNAP benefits. Others added that it benefit allotment. The Department proposed rule but wanted exemptions would increase administrative costs at emphasizes that State agencies are not from the expungement and off-line both the state and federal level. No required to take benefits off-line prior to provisions for certain groups, as well as commenters expressed opposition to permanent expungement. Moreover, greater protections for clients, especially this provision. individual State agencies that choose to the elderly and disabled. Commenters The Department appreciates all implement the off-line option have the also wanted more clarification on the comments on this issue, which provide discretion to exempt certain groups of process for taking benefits off-line and additional support for requiring the households from having their inactive restoring them. There was some issuance of monthly benefit allotments accounts stored off-line. Therefore, the opposition to the requirement to remove in a single lump sum. Given these Department will not require certain off-line benefits or the benefits of comments and the fact that no household exemptions in this final rule. deceased households from the EBT comments expressed opposition, this Instead, any State agency that chooses to system and the AMA, preferring that provision remains unchanged in the implement the off-line option can State agencies merely deactivate EBT final rule at 7 CFR 274.2(c). exercise its own discretion as to cards. Some commenters also pointed whether to apply such exemptions. Moving Benefits Off-Line out that some of the definitions related Six advocate organizations wanted the to EBT were too narrow and should be Prior to the 2008 Farm Bill, Department to require State agencies to broadened to account for emerging regulations required three months of investigate possible barriers facing the technologies. Below is further account inactivity before the State household before taking benefits off- discussion of the most substantive agency could exercise its discretion to line. Commenters suggested that State comments the Department received. move the inactive account benefits agencies should consider specific offline. However, the 2008 Farm Bill demographics of the SNAP household, Definitions mandated six months of account whether the SNAP household received The Department proposed adding new inactivity before the State agency could their EBT card and PIN, whether the definitions under 7 CFR part 271 to move the inactive account benefits SNAP household is aware of

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transportation community services, and requested by the household. there are practical and economic whether a lack of information exists Commenters added that this reasons for households to accumulate regarding the appointment of an requirement would complicate AMA benefits which tend to impact the most authorized representative. reporting because the accounting vulnerable SNAP recipients—the Currently, only six State agencies method would understate the true elderly, disabled, and those with exercise the off-line option, without any outstanding SNAP liability of SNAP transportation, mobility and food access such requirement in place. The benefits for States that move benefits hurdles. Three advocate organizations Department does not have supporting off-line prior to expungement. wanted the Department to require State information from those States to justify Commenters suggested allowing States agencies to expunge benefits on a first- requiring States to now take affirmative to leave the benefits on the EBT system in-first-out (FIFO) basis under the steps prior to taking action to determine and merely make them inaccessible to alternative option to expunge benefits if households are experiencing barriers the client. Another industry based on the issuance date. that prevent them from using their organization disagreed with the need to Four commenters, including two State benefits. Furthermore, the action to take take benefits off-line at all because of agencies, preferred expunging benefits benefits off-line is not permanent. the overall complexity of tracking and that have not been used by a specific Households still have up to six months reporting the benefits. timeframe, regardless of account to have the benefits reinstated from the The option for State agencies to take activity. They believe this approach is point that benefits are moved off-line. benefits off-line after three months of more consistent with the purpose of the However, the Department encourages account inactivity is statutory and, Program and that excessively high State agencies that opt to take benefits therefore, the Department does not have SNAP EBT account balances could off-line to include, in addition to how the discretion to eliminate this option. indicate a lack of need or fraudulent to reactivate the account, information in However, we are persuaded by the activity, which undermines the public’s the off-line notice regarding commenters that the complexities perception of the program’s integrity. transportation options, authorized associated with removing the benefits Three other State agencies wanted to representatives, and other assistance from AMA are unwarranted. Therefore, have the option to choose either available to households. in this final rule, the Department is expungement method. Eight advocate organizations wanted removing the proposed provision to If the Department were to require the Department to codify requirements require State agencies to remove off-line States to change the current for a simple and easy-to-use process for benefits from AMA. State agencies may expungement process to require unused requesting restoration of benefits stored continue to move benefits off-line after benefits be expunged based on the date off-line, including notices that are easy at least three months of inactivity by of issuance, several commenters wanted to understand and an easy way to making inactive EBT account benefits the Department to exempt restored contact a SNAP worker to request inaccessible to the household without benefits from the expungement process reinstatement. The Department is not taking them off the AMA system. The or allow households a longer period of swayed by the comments suggesting Department will also clarify the time to spend those benefits. Also, many simple and easy-to-use processes should meaning of taking benefits off-line to of the same commenters who wanted be codified. However, in response to align with this change. Title 7 CFR exemptions from taking benefits off-line comments, the Department is requiring 274.2(h) is amended accordingly. for certain households wanted similar that any unexpired benefits taken off- exemptions to apply to benefit line be restored upon recertification or Benefit Expungement expungement as well. reapplication for benefits without the The Department proposed keeping the In the interest of State flexibility, the household having to make a specific current expungement process, which is Department has decided to give State request and that, moreover, a general based on account activity, unchanged. agencies the option to implement either request for any type of assistance from The Department also specifically asked of the two expungement methods a household that has had benefits commenters to provide feedback on described in the proposed rule. State moved off-line be considered a request amending the process so that unused agencies must designate which for reinstatement of those benefits. benefits are expunged based on the approach will be used in its State plan States may continue to establish their issuance date, regardless of account and apply the same approach uniformly own procedures for restoring benefits activity. This alternative process would to all households. The Department outside of the recertification or give households a finite period of time would also like to take this opportunity application process. Title 7 CFR to use their benefits as opposed to to clarify that State agencies are already 274.2(h) is amended accordingly. allowing benefits to remain in required to apply household household EBT accounts indefinitely, as transactions against SNAP benefits on a Removing Off-Line Benefits From the long as there is account activity at least FIFO basis and that, under either of the EBT System once every 12 months. The Department two expungement options, by The Department proposed to require also asked for comments on whether definition, State agencies will continue that, if a State exercised their option to State agencies should have the option to to expunge the oldest benefits first. take inactive account benefits off-line, choose either of the two methods for In accordance with Section 4006 of the amount would also need to be determining when benefits get the 2018 Farm Bill, this final rule removed from the AMA. The AMA is an expunged. amends the expungement timeframe accounting system that interfaces with Seventeen commenters in total, from 12 months to nine months. The the U.S. Department of Treasury to keep including all 13 advocate organizations, Department considers nine months to be track of benefit authorizations, returned three State/local agencies, and one EFT equal to 274 days. Therefore, State benefits such as expungements, and association, preferred maintaining the agencies may opt to either expunge benefit redemptions. An industry current process of expunging only from households’ individual benefit organization opposed this proposed inactive accounts. They cited the allotments, or any remaining portion requirement because it would require all technological and financial burden on thereof, nine months after the allotment such benefits to be tracked by the State agencies to make the necessary was issued (i.e., made available to the eligibility system and reissued if system changes as well as the view that household) or wait until the account has

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been inactive for nine months before allotment. State agencies are not being expunge the account of such households expunging any benefits at the allotment required to provide monthly does not add any additional risks which level. In this final rule, the amended expungement notices prior to expunging do not already exist. Should such an expungement provisions are at 7 CFR each benefit allotment. If the error occur, the State agency could 274.2(i) and the proposed paragraph (i) expungement process stops for a correct the mistake by reissuing the is now paragraph (j). household for any reason, including benefits as a new benefit just as when If expunging benefits based on the when the household accesses their off-line benefits are reinstated if they issuance date, the Department was benefits or requests restoration of have been removed from the EBT interested in feedback with regard to remaining off-line benefits, the State system or when lump sum benefits are lump sum benefits issued as a result of would need to provide the household restored as a result of a fair hearing a fair hearing determination to with a new expungement notice if the determination. determine if an exception process was household’s benefits become subject to In contrast, having benefits of a feasible or practical. Since then, the expungement again. deceased household remain in the Department has determined that an Consistent with other required formal account, even if deactivated, would exception process that allows notices to households, the Department leave such benefits susceptible to fraud, households additional time beyond nine is requiring that this notice must be such as being activated by unauthorized months to access their benefits would written in easily understandable individuals. Since there are no longer not be consistent with the 2018 Farm language and include the date that any certified individuals entitled to the Bill requirement and, therefore, is not benefit expungement will begin, the benefits of deceased households, these allowable. However, State agencies that action needed to prevent the benefits cannot be reinstated. Leaving choose the option to expunge benefits expungement, and the household’s right these benefits in EBT accounts would based on the issuance date could to request a fair hearing. This also misrepresent the outstanding mitigate the potential problem of lump expungement notification provision is liability to the Federal government. For sum issuances by splitting up the being codified at 7 CFR 274.2(i)(2). all these reasons, the Department is retroactive payments and issuing them Expunging Benefits of Deceased maintaining the provision to in separate months. The 2008 Farm Bill Households permanently expunge benefits upon the provision specifically makes an verified death match of all certified In general, commenters did not exception to the split issuance members of the household at 7 CFR oppose the proposed requirement to prohibition in cases where a benefit 274.2(i)(4). correction is necessary. No changes expunge benefits when all certified have been made in the final rule household members are determined to Implementation Deadline regarding this issue. be deceased in accordance with 7 CFR The implementation deadline for all 272.14, regardless of account activity or Section 4006 of the 2018 Farm Bill provisions in this rule is 12 months the benefit issuance date. However, two also requires States to provide notice to from the rule’s effective date. With State/local agencies wanted the individual households prior to respect to the expungement provisions, Department to allow State agencies to expunging that household’s SNAP no later than 12 months from the merely make benefits of deceased benefits, including benefits stored off- effective date of this rule, State agencies households inaccessible until they age line, so that the household has the must issue individual notices to off, rather than permanently expunging opportunity to access the benefits and households who will have benefits them at the time of the death match, to avoid expungement. Currently, State scheduled for expungement within at avoid possible misidentification of agencies are required to notify least 30 days, based on the new nine- deceased individuals. The same two individual households prior to taking month expungement timeframe. benefits off-line, but not prior to State agencies cited concerns with Therefore, actual benefit expungement permanently expunging unused necessary system programming changes under the new nine-month timeframe benefits. and the need to make benefits quickly must begin no later than 13 months Because the 2018 Farm Bill available again in instances when the from the effective date of this rule, after specifically requires the notice to death match is erroneous. include the date upon which benefits While the Department understands providing the minimum 30-day notices must be expunged, the Department is concerns that a household account to the affected individual households. requiring State agencies to provide might erroneously be expunged due to Procedural Matters individual notification that is closely a false death match, several State Executive Order 12866 and Executive tied to the expungement date, but not agencies have already been expunging Order 13563 later than 30 days before the first benefits of deceased one-person benefits get expunged. General households under the Agency’s waiver Executive Orders 12866 and 13563, notification of the change in the authority. Under 7 CFR 272.14, State direct agencies to assess all costs and expungement timeframes should be agencies are required to independently benefits of available regulatory done at certification/recertification and verify death matches and provide the alternatives and, if regulation is in training materials, as has been the household notice and the opportunity to necessary, to select regulatory case before this requirement. This respond prior to terminating benefits. approaches that maximize net benefits general notification, however, cannot To date, the Agency has not had any (including potential economic, replace the individual notification to indication that false death matches have environmental, public health and safety households whose benefits are created an issue that would justify effects, distributive impacts, and scheduled to be expunged within at allowing benefits to remain in the EBT equity). Executive Order 13563 least 30 days. accounts of deceased single-person emphasizes the importance of As proposed and as currently households. quantifying both costs and benefits, of required, benefits must be expunged Furthermore, State agencies are reducing costs, of harmonizing rules individually at the monthly allotment already required to close single-person and of promoting flexibility. This final level; however a notice is only being household cases when a death match is rule has been determined to be not required prior to expunging the first verified. Therefore, requiring States to significant and was not reviewed by the

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Office of Management and Budget This final rule does not contain households must use or access their (OMB) in conformance with Executive Federal mandates (under the regulatory benefits before benefits are permanently Order 12866. provisions of Title II of the UMRA) for expunged, mitigation efforts are State, local and tribal governments or imbedded in the legislation and this Regulatory Impact Analysis the private sector of $100 million or rule by requiring that each individual This final rule has been designated as more in any one year. Thus, the rule is household be given notice prior to not significant by the Office of not subject to the requirements of expungement. The notice must be Management and Budget; therefore, no sections 202 and 205 of the UMRA. provided at least 30 days in advance, Regulatory Impact Analysis is required. state the date when expungement will Executive Order 12372 Regulatory Flexibility Act begin, and specify the action the The Supplemental Nutrition household must take to prevent the The Regulatory Flexibility Act (5 Assistance Program is listed in the expungement from occurring. There is U.S.C. 601–612) requires Agencies to Catalog of Federal Domestic Assistance no expungement notice requirement analyze the impact of rulemaking on under Number 10.551 and is not subject under the current requirement to small entities and consider alternatives to Executive Order 12372, which expunge benefits after 12 months of that would minimize any significant requires intergovernmental consultation SNAP account inactivity. impacts on a substantial number of with State and local officials. Without prior notification, the small entities. Pursuant to that review, Department estimates that, on average, this final rule is certified not to have a Federalism Summary Impact Statement approximately 16 percent of SNAP significant impact on a substantial Executive Order 13132 requires households currently get some amount number of small entities. Federal agencies to consider the impact of benefits expunged from their SNAP This final rule would not have an of their regulatory actions on State and accounts. The Department estimates impact on small entities because the local governments. Where such actions that, on average, one month’s allotment provisions only impact State agencies have federalism implications, agencies is expunged for each household responsible for administering the are directed to provide a statement for affected. The Department anticipates Supplemental Nutrition Assistance inclusion in the preamble to the that the new notification requirement Program. regulations describing the agency’s will reduce the number of considerations in terms of the three expungements despite the reduced Congressional Review Act categories called for under Section timeframe for using benefits. Pursuant to the Congressional Review (6)(b)(2)(B) of Executive Order 13132. Currently, only six States are opting to Act (5 U.S.C. 801 et seq.), the Office of The Department has considered the take benefits off-line prior to Information and Regulatory Affairs impact of this rule on State and local expungement after six months of designated this rule as not a major rule governments and has determined that account inactivity. The 2018 Farm bill as defined by 5 U.S.C. 804(2). this rule does not have federalism now allows States to take benefits off- line after three months of inactivity. In Executive Order 13771 implications. Therefore, under section 6(b) of the Executive order, a federalism the States that take benefits off-line, the Executive Order 13771 directs summary is not required. Department estimates that 14 percent of agencies to reduce regulation and households have their benefits taken off- control regulatory costs and provides Executive Order 12988, Civil Justice line and that six percent of those that the cost of planned regulations be Reform households have those benefits prudently managed and controlled This final rule has been reviewed reinstated prior to expungement. through a budgeting process. under Executive Order 12988, Civil Providing individual household This rule is not an E.O. 13771 Justice Reform. This rule is intended to notification prior to taking benefits off- regulatory action because it is not have preemptive effect with respect to line is required under both the current significant under E.O. 12866. any State or local laws, regulations or regulation and the regulation being Unfunded Mandates Reform Act policies which conflict with its implemented by this rule. provisions or which would otherwise Because of the new requirement to Title II of the Unfunded Mandates impede its full and timely notify households prior to Reform Act of 1995 (UMRA), Public implementation. This rule is not expungement, the Department estimates Law 104–4, establishes requirements for intended to have retroactive effect that a greater percentage of households Federal agencies to assess the effects of unless so specified in the Effective Dates that get their benefits taken off-line will their regulatory actions on State, local section of the final rule. Prior to any get their benefits reinstated than under and tribal governments and the private judicial challenge to the provisions of the new regulation, mitigating the sector. Under section 202 of the UMRA, the final rule, all applicable impact of the reduced timeframe for the Department generally must prepare administrative procedures must be taking benefits off-line due to account a written statement, including a cost exhausted. inactivity. benefit analysis, for proposed and final The Department is also codifying in rules with ‘‘Federal mandates’’ that may Civil Rights Impact Analysis this rule that States should result in expenditures by State, local or The Department has reviewed this automatically restore any off-line tribal governments, in the aggregate, or final rule in accordance with USDA benefits upon a household’s the private sector, of $100 million or Regulation 4300–4, ‘‘Civil Rights Impact recertification or reapplication, and that more in any one year. When such a Analysis,’’ to identify any major civil a general request for assistance should statement is needed for a rule, Section rights impacts the rule might have on be considered a request for 205 of the UMRA generally requires the program participants on the basis of age, reinstatement of off-line benefits. Department to identify and consider a race, color, national origin, sex or While specific demographic data is reasonable number of regulatory disability. not readily available, after a careful alternatives and adopt the most cost Although the 2018 Farm Bill reduces review of the rule’s intent and effective or least burdensome alternative the amount of time from 12 months to provisions and based on the above that achieves the objectives of the rule. nine months, during which all analysis the Department has determined

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that this final rule is not expected to requirements associated with this Estimated Number of Responses per affect the participation of protected rulemaking have been approved, the Respondent: 55,883.66. individuals in SNAP. Department will publish a separate Estimated Total Annual Responses: notice in the Federal Register 2,961,834.00. Executive Order 13175 announcing OMB’s approval. Estimated Average Hours per Executive Order 13175 requires Title: SNAP Benefit Storage and Response Annually: 0.05 minutes or Federal agencies to consult and Expungement: Notices and Off-Line 0.0083 hours. coordinate with Tribes on a Benefit Reinstatement. Estimated Total Annual Burden on government-to-government basis on OMB Number: 0584–NEW. Respondents: 24,731.31. policies that have Tribal implications, Expiration Date: N/A. including regulations, legislative Type of Request: New. Off-Line Benefit Reinstatement Abstract: This is a new information comments or proposed legislation, and Estimated Number of Respondents: 6. collection request. Although the agency other policy statements or actions that Estimated Number of Responses per has been collecting this information, we have substantial direct effects on one or Respondent: 5,543.33. were unware that collecting this more Indian Tribes, on the relationship Estimated Total Annual Responses: between the Federal Government and information is in violation of the Paperwork Reduction Act. This final 33,260.00. Indian Tribes, or on the distribution of Estimated Average Hours per power and responsibilities between the rule implements benefit issuance provisions of the Food, Conservation Response Annually: 3 minutes or 0.0501 Federal Government and Indian Tribes. hours. We are unaware of any current Tribal and Energy Act of 2008, Public Law 110–234 (2008 Farm Bill) and the Estimated Total Annual Burden on laws that could be in conflict with this Respondents: 1,666.33. rule. Agricultural Improvement Act of 2018, Public Law 115–334, (2018 Farm Bill). Respondents: Individual/Household Paperwork Reduction Act Both Farm Bills amend the Food and Notice. The Paperwork Reduction Act of 1995 Nutrition Act of 2008 (the Act), which Off-Line Storage Notice (44 U.S.C. chap. 35; see 5 CFR part includes benefit issuance, storage and Estimated Number of Respondents: 1320) requires the Office of Management expiration requirements for 540,818.00. and Budget (OMB) approve all administering the program. State collections of information by a Federal agencies are responsible for issuing Estimated Number of Responses per agency before they can be implemented. benefits to those households entitled to Respondent: 1. Respondents are not required to respond benefits under the Act. This burden Estimated Total Annual Responses: to any collection of information unless request covers activities associated with 540,818.00. it displays a current valid OMB control the required notices sent to individuals/ Estimated Average Hours per number. household SNAP participants related to Response Annually: 3.5 minutes or In accordance with the Paperwork taking benefits off-line prior to 0.0583 hours. Reduction Act of 1995, this final rule permanent expungement after three Estimated Total Annual Burden on contains information collections that are months of SNAP EBT account inactivity Respondents: 31,529.69. subject to review and approval by the and permanently expunging benefits Expungement Notice Office of Management and Budget. after nine months of account inactivity. These existing requirements impact a In addition, this burden request covers Estimated Number of Respondents: current collection that has been used the activities associated with reinstating 2,961,834. without a valid OMB control number or the off-line benefits to those SNAP Estimated Number of Responses per expiration date. The Department plans participants upon contact by the Respondent: 1. to bring these burden requirements into household. Estimated Total Annual Responses: compliance, contingent upon OMB Respondents: 53 State agencies and 2,961,834.00. approval under the Paperwork 2,961,834 individuals/households Estimated Average Hours per Reduction Act of 1995. FNS plans to SNAP participants. The respondents Response Annually: 2 minutes or 0.0334 account for and maintain these burden and activities are broken out below hours. hours under a new OMB control number based on activities. Estimated Total Annual Burden on assigned by OMB. Because the changes Respondents: State/Local/Tribal Respondents: 98,925.26. Government Burden (53). in the information collection burden Off-line Benefit Reinstatement that will result from adoption of Off-Line Benefit Storage Notice provisions in this final rule were not Estimated Number of Respondents: Estimated Number of Respondents: 6. 33,260. submitted for public comment in the Estimated Number of Responses per proposed rule, a separate 60-day notice Estimated Number of Responses per Respondent: 90,136.33. Respondent: 1. was published on February 11, 2020, in Estimated Total Annual Responses: Estimated Total Annual Responses: the Federal Register at 85 FR 7716. 540,818.00. All responses received to this Estimated Average Hours per 33,260.00. published notice will be summarized Response Annually: 0.05 minutes or Estimated Average Hours per and included in the information 0.0083 hours. Response Annually: 5 minutes or 0.0835 collection request for OMB approval. Estimated Total Annual Burden on hours. All comments are also a matter of public Respondents: 4,515.83. Estimated Total Annual Burden on record. These changes are contingent Respondents: 2,777.21. upon OMB approval under the Expungement Notice The total burden for this rulemaking Paperwork Reduction Act of 1995. Estimated Number of Respondents: is 5,923,668.00 total annual responses When the information collection 53. and 163,970.49 burden hours.

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Estimated Total Estimated Responses avg. number Estimated annualized Respondent Activity annual number annually per Total annual of hours per annual total Hourly wage cost of respondent respondent responses response hours rate respondent annually burden

Individuals or House- Benefit Expungement 2,961,834.00 1.00 2,961,834.00 0.0334 98,925.26 $7.25 $717,208.14 holds SNAP Recipi- Notice. ents. Off-Line Benefit Storage 540,818.00 1.00 540,818.00 0.0583 31,529.69 7.25 228,590.25 Notice. Off-Line Benefit Rein- 33,260.00 1.00 33,260.00 0.0835 2,777.21 7.25 20,134.77 statement.

Sub-Total of Indi- ...... 2,961,834.00 1.00 2,961,834.00 0.1752 133,232.16 7.25 965,933.16 vidual/Households SNAP Recipients.

State Agencies ...... Benefit Expungement 53.00 55,883.66 2,961,834.00 0.0083 24,583.22 23.50 577,705.67 Notice.

Off-Line Benefit Storage 6.00 90,136.33 540,818.00 0.0083 4,488.79 23.50 105,486.57 Notice. Off-Line Benefit Rein- 6.00 5,543.33 33,260.00 0.0501 1,666.33 23.50 39,158.76 statement.

Sub-Total of State ...... 53.00 55,883.66 2,961,834.00 0.0677 30,738.34 23.50 722,351.00 Agencies.

Grand Total ...... 2,961,887.00 2.0000 5,923,668.00 0.0277 163,970.49 ...... 1,688,284.16 Reporting Burden with both Affect Public. Note: * Each State Eligibility worker is counted once as all State Agency employees. ** Based on the Bureau of Labor Statistics May 2020 Occupational and Wage Statistics (http://www.bls.gov/oes/current/)—the salaries of the case managers are considered to be ‘‘Social Workers—other’’ (21–1029) functions valued at $30.12 per staff hour. The salaries of the eligibility workers are considered to be ‘‘Eligibility Interviewers, government programs’’ (43–4061) functions valued at $22.34. The salaries of Office and Administrative Support Workers, All other (43–9199) is $18.02 per hour. Assuming an applicant staff person with an average salary of $23.50 is needed to complete the applications, the total annualized dollars spent on respond- ent burden with fully loaded wages is $2,245,417.93. The base cost to respondents is $1,688,284.16 (× 1.33 fringe benefit cost) as depicted in the table above. *** The $7.25 used to calculate a cost to SNAP applicants (individuals/households) is the Federal minimum wage.

E-Government Act Compliance PART 271—GENERAL INFORMATION ■ g. Amend the definition of Firm’s AND DEFINITIONS practice by removing the words ‘‘food The Food and Nutrition Service is coupons’’ and adding in their place the committed to complying with the E- § 271.1 [Amended] words ‘‘SNAP benefits’’; Government Act, to promote the use of ■ 3. In § 271.1: ■ h. Add definitions for Interoperability, the internet and other information ■ a. Remove the word ‘‘coupons’’ from Manual transaction, and Manual technologies to provide increased the fourth sentence of paragraph (b) and voucher in alphabetical order; opportunities for citizen access to add in its place ‘‘SNAP benefits’’; and ■ i. Amend the definition of Government information and services, ■ b. Remove the word ‘‘coupon’’ from Overissuance by removing the word and for other purposes. the tenth sentence of paragraph (b) and ‘‘coupons’’ and adding in its place the add in its place ‘‘benefit’’. word ‘‘benefits’’; List of Subjects in 7 CFR Parts 271 and ■ j. Add definitions for Personal ■ 4. In § 271.2: 274 identification number (PIN), Point-of- ■ a. Amend the definition of Allotment sale (POS) terminal, and Primary by removing the word ‘‘coupons’’ and Food stamps, Grant programs-social account number (PAN) in alphabetical adding in its place the word ‘‘benefits’’; programs, Reporting and recordkeeping order; ■ b. Remove the definition of requirements. ■ k. Remove the definition of Program; Authorization to participate card (ATP); For reason set forth in the preamble, ■ and c. Add definitions for Benefit and ■ 7 CFR chapter II is amended as follows: l. Add definitions for Retailer EBT Benefit issuer in alphabetical order; Data Exchange (REDE) system and ■ SUBCHAPTER C—[AMENDED] d. Remove the definitions of Bulk Supplemental Nutrition Assistance storage point, Coupon issuer, and Direct ■ Program (SNAP or Program) in 1. Under the authority of 7 U.S.C access system; alphabetical order. ■ 2011, in the heading of subchapter C of e. Add definitions for Electronic The additions read as follows: chapter II, remove the words ‘‘Food Benefit Transfer (EBT) account, Stamp’’ and add in their place the Electronic Benefit Transfer (EBT) card, § 271.2 Definitions. words ‘‘Supplemental Nutrition Electronic Benefit Transfer (EBT) * * * * * Assistance’’. contractor or vendor, and Electronic Benefit means the value of Benefit Transfer (EBT) system in supplemental nutrition assistance ■ 2. The authority citation for 7 CFR alphabetical order; provided to a household by means of an parts 271 and 274 continues to read as ■ f. Amend the definition of Eligible EBT system or other means of providing follows: foods by removing the word ‘‘coupons’’ assistance, as determined by the Authority: 7 U.S.C. 2011–2036. where it appears twice in paragraph (3) Secretary. of the definition and adding in its place Benefit issuer means any office of the the words ‘‘SNAP benefits’’; State agency or any person, partnership,

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corporation, organization, political the EBT card and encoded onto the card rehabilitation program in accordance subdivision or other entity with which to identify the State and EBT account with § 273.11(e) of this chapter or when a State agency has contracted for, or to holder. a benefit correction is necessary. which it has delegated functional * * * * * (2) For those households which are to responsibility, in connection with the Retailer EBT Data Exchange (REDE) receive a combined allotment, the State issuance of benefits to households. system means the FNS system that agency shall provide the benefits for * * * * * allows the automated exchange of both months as an aggregate (combined) Electronic Benefit Transfer (EBT) authorized retailer demographic data allotment, or as two separate allotments, account means a set of records between FNS and the State and/or EBT made available at the same time in containing demographic, card, benefit, contractor for notification of changes in accordance with the timeframes transaction and balance data for an retailer Program participation. specified in § 273.2 of this chapter. individual household within the EBT * * * * * * * * * * system that is maintained and managed Supplemental Nutrition Assistance (h) Off-line storage. If a household’s by a State or its contractor as part of the Program (SNAP or Program) means the EBT account is inactive for three client case record. program operated pursuant to the Food months (91 days) or longer, State Electronic Benefit Transfer (EBT) card and Nutrition Act of 2008. agencies may elect to store all benefits means a method to access EBT benefits in that account off-line. * * * * * issued to a household member or (1) An EBT account is inactive if the authorized representative through the § 271.4 [Amended] household has not initiated activity that affects the balance of the household’s EBT system by a benefit issuer. This ■ 5. In § 271.4(a)(2), remove the word method may include an on-line SNAP EBT account, such as a purchase ‘‘coupons’’ and add in its place ‘‘SNAP or return. magnetic stripe card, an off-line smart benefits and EBT cards’’. card, a chip card, a contactless digital (2) Taking benefits off-line means that wallet with a stored card, or any other § 271.5 [Amended] the household’s SNAP EBT account, including all existing benefits in the similar benefit access technology ■ 6. In § 271.5: account and any new issuances approved by FNS. ■ a. Remove ‘‘Coupons’’, ‘‘Coupon’’, deposited into the account, is no longer Electronic Benefit Transfer (EBT) ‘‘coupon’’, and ‘‘coupons’’ wherever contractor or vendor means an entity accessible to the household unless and they appear and add in their place until the account and its benefits are that is selected to perform EBT–related ‘‘Benefits’’, ‘‘Benefit’’, ‘‘benefit’’, and services for the State agency. reinstated upon contact by the ‘‘benefits’’, respectively; household. Electronic Benefit Transfer (EBT) ■ b. Amend paragraph (a) by adding system means an electronic payments (3) The State agency shall send ‘‘and EBT cards’’ at the end of the last written notification to the household up system under which household benefits sentence; are issued from and stored in a central ■ to 10 days prior to or concurrent with c. Amend the introductory text of the action to store benefits off-line. If an databank, maintained and managed by a paragraph (b) by removing ‘‘ATP’’ and State or its contractor, and uses inactive account has a zero balance, a adding in its place ‘‘EBT’’; notice to the household is not required. electronic funds transfer technology for ■ d. Remove paragraphs (b)(1) through At a minimum, the notice shall include the delivery and control of food and (3); other public assistance benefits. ■ information on: e. Amend paragraph (c) by removing (i) The steps necessary to bring the * * * * * ‘‘ATP’s’’ wherever it appear and adding Interoperability means a system that benefits back on-line; and in its place ‘‘EBT cards’’. (ii) The State agency’s permanent enables program benefits issued to be PART 274—ISSUANCE AND USE OF expungement policy. redeemed outside the State that issued (4) Benefits stored off-line that have BENEFITS the benefits. not been expunged in accordance with * * * * * ■ paragraph (i) of this section shall be Manual transaction means an EBT 7. In § 274.2: ■ a. Revise paragraph (c); reinstated and made available within 48 transaction that is processed with the ■ b. Amend paragraph (e)(1) by hours of reapplication or contact by the use of a paper manual voucher when removing ‘‘of paragraphs (e) through household. In addition to a specific there is an EBT system outage. request for benefit restoration, Manual voucher means a paper (h)’’ and removing ‘‘§ 274.6 and § 274.7’’ and adding in its place ‘‘§§ 274.6 and household contact shall include, but is document signed by the EBT cardholder not limited to: that allows a retailer to redeem benefits 274.7’’; ■ c. Amend paragraph (g)(3) by (i) Recertification or reapplication for through a manual transaction. removing ‘‘paragraph (h)(3)’’ and adding benefits; and * * * * * in its place ‘‘paragraph (j)’’; (ii) A general request for assistance. Personal identification number (PIN) ■ d. Revise paragraph (h); (i) Expungement. (1) State agencies means a numeric code selected by or ■ e. Add paragraphs (i) and (j). shall apply SNAP transactions against a assigned to a household and used to The revisions and additions read as household’s SNAP benefits on a first-in- verify the identity of an EBT cardholder follows: first-out basis. As a result, the oldest when performing an EBT transaction. SNAP benefits are used first. On a daily * * * * * § 274.2 Providing benefits to participants. basis, the State agency shall expunge Point-of-Sale (POS) terminal means a * * * * * benefits from EBT accounts at the range of devices deployed at authorized (c) Benefit allotments. (1) State monthly benefit allotment level in retail food stores for redeeming benefits agencies shall not issue ongoing accordance with either paragraph by initiating electronic debits and monthly benefit allotments to a (i)(1)(i) or (ii) of this section. State credits of household EBT accounts and household in more than one issuance agencies must designate which retailer bank accounts. during a month except with respect to approach will be used in its State plan Primary account number (PAN) the issuance of benefits to a resident of and use the same approach for all means a number embossed or printed on a drug and alcohol treatment and households within the State.

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(i) Inactive EBT accounts. Benefits managers to adjust SNAP benefits that FOR FURTHER INFORMATION CONTACT: Paul allotments, or portion thereof, shall be have already been posted to an EBT Hanson, telephone: (202) 720–4189, expunged from EBT accounts that have account prior to the household email: [email protected]. Persons been inactive, per paragraph (h)(1) of accessing the account, or to remove with disabilities who require alternative this section, for a period of nine months benefits from inactive accounts for off- means for communication should (274 days) in accordance with the line storage or expungement in contact the USDA Target Center at (202) following: accordance with paragraphs (h) and (i) 720–2600 (voice). (A) When the oldest benefit allotment of this section. SUPPLEMENTARY INFORMATION: has not been accessed by the household (1) Whenever benefits are stored off- Background for nine months, the State agency shall line or expunged, the State agency shall expunge benefits from the EBT account document the date, amount of the This rule amends 7 CFR part 1400 to or off-line storage at the monthly benefit benefits, and storage location in the implement changes made by the 2018 allotment level as each benefit allotment household case file. Farm Bill; (Pub. L. 115–334) as well as ages to nine months since the date of (2) Issuance reports shall reflect the makes certain changes, as explained issuance or since the last date of adjustment to the State agency issuance below. This rule updates the applicable account activity, whichever date is later. totals to comply with monthly issuance programs and payment limitations in 7 (B) The State agency shall not reporting requirements prescribed under CFR 1400.1 to reflect current policy and expunge any benefits from active § 274.4. changes made by the 2018 Farm Bill. accounts even if there are benefit FSA administers the regulations in 7 allotments older than nine months. If at § 274.8 [Amended] CFR part 1400 on behalf of CCC. any time after the expungement process ■ 8. In § 274.8(f)(8), remove Payment Limitations begins, the household initiates activity ‘‘§ 274.2(h)(2)’’ and add in its place affecting the balance of the account, the ‘‘§ 274.2(i)’’. The 2018 Farm Bill and this rule State shall stop expunging benefits from create two separate payment limitations the account and start the account aging Pamilyn Miller, for the Noninsured Crop Disaster process over again for the remaining Administrator, Food and Nutrition Service. Assistance Program (NAP). Previously, a benefits. [FR Doc. 2020–16403 Filed 8–21–20; 8:45 am] person or legal entity was subject to a (ii) Unused benefits. The State agency BILLING CODE 3410–30–P $125,000 payment limitation regardless shall expunge individual benefit of the level of NAP coverage obtained. allotments, or portion thereof, that For 2019 and subsequent years, the 2018 remain in a household’s EBT account DEPARTMENT OF AGRICULTURE Farm Bill provides a separate per crop nine months (274 days) after the date year maximum per person and legal the allotment was issued to the Commodity Credit Corporation entity limitation of either $125,000 for household, regardless of any account payments to those who purchased basic activity that may have taken place. 7 CFR Part 1400 50/55 NAP coverage or $300,000 for payments to those who purchased buy- (2) Not later than 30 days before [Docket ID CCC–2019–0007] benefit expungement is scheduled to up coverage. The 2018 Farm Bill begin, State agencies shall provide RIN 0560–AI49 increased the payment limitation for the notice to the household that benefits in Emergency Conservation Program (ECP) their EBT account are approaching Payment Limitation and Payment to $500,000 per program per disaster expungement due to nonuse/inactivity. Eligibility event. At a minimum, the notice shall include: The 2018 Farm Bill officially removed AGENCY: (i) The date upon which benefits are Commodity Credit Corporation LDPs and MLGs from the combined scheduled to be expunged; and and Farm Service Agency, USDA. payment limit. This rule removes the (ii) The steps necessary to prevent the ACTION: Final rule. payment limits for Marketing Loan expungement, including an opportunity Gains (MLG), Loan Deficiency Payments SUMMARY: to request that any benefits stored off- This rule implements the (LDP), and the Emergency Assistance for line be restored to the household in mandatory changes required by the Livestock, Honeybees and Farm Raised accordance with paragraph (h) of this Agriculture Improvement Act of 2018 Fish Program (ELAP) as mandated by section; (2018 Farm Bill) and other changes the 2018 Farm Bill (section 1703(a)(2) (3) Expunged benefits shall be made by the Farm Service Agency (FSA) and section 1501(e) respectively). removed from the Account Management on behalf of CCC. Specifically, the Waiver of AGI Limitation for Agent and shall not be reinstated. mandatory changes update program (4) Notwithstanding paragraph (i)(1) applicability and payment limitations; Environmentally Sensitive Land of of this section, in instances when the and specify that the Secretary may Special Significance State agency verifies a death match for approve a waiver of the average adjusted The 2018 Farm Bill does not change all certified members of the household gross income (AGI) limitation for the AGI limitation of $900,000 for and closes the SNAP case in accordance participants of certain conservation certain programs; however, it does with § 272.14 of this chapter, the State contracts administered by FSA and the authorize the Secretary to waive the AGI agency shall expunge the remaining Natural Resources Conservation Service limitation for participants of certain SNAP balance in the household’s EBT (NRCS) on environmentally sensitive conservation contracts administered by account at that time. In accordance with land. Also, the mandatory changes FSA or NRCS when the Secretary § 273.13(b)(2) of this chapter, expand the definition of ‘‘family determines that environmentally expungement notices, per paragraph member’’ to include first cousins, sensitive land of special significance (i)(2) of this section, are not required for nieces, and nephews. This rule also will be protected because of the waiver. these households. includes changes that make minor The waiver authority allows FSA and (j) Procedures to adjust SNAP clarifications and updates throughout NRCS the discretion, on a case-by-case accounts. Procedures shall be part 1400. basis, to provide benefits to producers established to permit the appropriate DATES: Effective: August 20, 2020. who may not otherwise meet the AGI

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requirements on environmentally This rule moves the provisions for operation’s eligible capital, land, or sensitive land of special significance. revocable trusts from § 1400.100 equipment could not be acquired as a This rule defines ‘‘environmentally (subpart B, Payment Limitation) to result of a loan made to, guaranteed by, sensitive land of special significance’’ in § 1400.7 (subpart A, General Provisions) cosigned by, or secured by any person, § 1400.3. FSA and the NRCS identified because they are general provisions legal entity or joint operation that has an specific critical resources warranting applicable to all of part 1400 and not interest in the farming operation, protection through enrollment in its just to the payment limitation including the legal entity’s or joint definition. This rule also adds provisions. operation’s members. The technical provisions in § 1400.500(f) to specify This rule amends the provisions in correction removes the legal entity’s or how a request for a waiver must be § 1400.102 to clarify that the policy that joint operation’s members from the submitted and what it must include. a state or political subdivision or one of provision and relies on ‘‘interest in the its agencies is not eligible for payments farming operation’’ to define the Definition of Family Member or benefits under the programs in qualifying contribution. FSA is expanding the definition of § 1400.1. This rule also clarifies that the This rule makes minor changes to ‘‘family member’’ as mandated by the exception in § 1400.102(b) applies only update the regulatory language 2018 Farm Bill to include first cousin, to payments or benefits under the throughout part 1400. These changes are niece, and nephew. This change Agriculture Risk Coverage (ARC) and intended to make the regulation easier expands the definition to allow farming Price Loss Coverage (PLC) programs. to understand and do not affect program operations to qualify for additional This rule amends § 1400.104(a) to implementation. payment limitations for an existing remove the reference to ‘‘legal entities.’’ farming operation under the rules for a This change aligns the regulation with Effective Date, Notice and Comment, substantive change, which are specified current language in the 2018 Farm Bill. and Paperwork Reduction Act in § 1400.104. Furthermore, joint This rule amends § 1400.104(a)(3) to As specified in 7 U.S.C. 9091, the operations that included a first cousin, remove ‘‘base acres’’ and add ‘‘land regulations to implement the provisions niece, or nephew were previously used for agricultural production.’’ The of Title I and the administration of Title determined to be farming operations addition of 20 percent or more land I of the 2018 Farm Bill are exempt from comprised of non-family members. With used for agricultural production will be the notice and comment provisions of this change, a joint operation comprised recognized as a substantive change in the Administrative Procedure Act (5 of the newly expanded definition of the farming operation and will take into U.S.C. 553) and the Paperwork family members would no longer be consideration land used for annual crop Reduction Act (in 44 U.S.C. chapter 35). subject to the limitation of members production as well as grazing lands. Section 9091 further directs the qualifying on a management This rule is making a change in Secretary to use the authority in 5 contribution alone, which increases the amending § 1400.104(a)(5) to specify U.S.C. 808 related to congressional number of additional individuals that a change in ownership by sale or review and delay in the effective date. eligible for payment within joint gift of livestock can be recognized as a The Administrative Procedure Act (5 operations comprised solely of family substantive change in the farming U.S.C.553) provides that the 30-day members. operation, in addition to a sale or gift of delay in the effective date provision land, which already exists in the rule, does not apply when the rule involves Other Changes such that the sale or gift of livestock can specified actions, including matters This rule makes several changes to the result in the application of additional relating to benefits. This rule governs definitions in 7 CFR 1400.3. This rule payment limits under 7 CFR part 1400. the eligibility provisions for programs amends the definitions of ‘‘active The addition of livestock as an element providing benefits to farmers and personal management,’’ and ‘‘significant for consideration used in determining ranchers and therefore that exemption contribution’’ as it relates to whether a substantive change has applies to this rule. management in 7 CFR 1400.3 and occurred takes into consideration all of Therefore, this rule is effective upon removes the definitions of ‘‘active the aspects of a farming operation publication in the Federal Register. personal management,’’ ‘‘significant including but not limited to land but contribution of active personal Executive Orders 12866, 13563, 13771 also livestock and the value of the land and 13777 management,’’ and ‘‘significant or livestock to a farming operation. contribution of the combination of Further, this change is appropriate as Executive Order 12866, ‘‘Regulatory active personal labor and active substantive change rules apply to all Planning and Review,’’ and Executive personal management’’ previously in programs subject to payment limitation, Order 13563, ‘‘Improving Regulation subpart G so that consistent definitions including Livestock Forage Disaster and Regulatory Review,’’ direct agencies of the terms are used throughout part Program (LFP). to assess all costs and benefits of 1400. This rule also makes minor This rule amends § 1400.106 to available regulatory alternatives and, if clarifications to the terms ‘‘interest in specify that payment limitations apply regulation is necessary, to select the farming operation’’ and ‘‘lawful to both direct and indirect payments, regulatory approaches that maximize alien.’’ subject to the attribution provisions in net benefits (including potential It adds a new definition of ‘‘livestock’’ § 1400.105. This change is a clarification economic, environmental, public health for the purposes of part 1400, for which of and therefore codification of current and safety effects, distributive impacts, ‘‘livestock’’ includes animals that are policy and does not alter the way FSA and equity). Executive Order 13563 considered eligible livestock under the applies payment limitations. emphasized the importance of Livestock Indemnity Program (LIP). This This rule moves the cash rent tenant quantifying both costs and benefits, of change is intended to clarify which provisions of subpart D to subpart C, in reducing costs, of harmonizing rules, species qualify as livestock and ensure § 1400.214, which contains the payment and of promoting flexibility. The that the animals considered to be eligibility requirements. requirements in Executive Orders 12866 ‘‘livestock’’ under part 1400 is This rule makes a technical correction and 13563 for the analysis of costs and consistent with the administration of to the provision in the regulation that benefits apply to rules that are other FSA programs. indicated a legal entity’s or joint determined to be significant. Executive

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Order 13777, ‘‘Enforcing the Regulatory Environmental Quality (40 CFR parts Federal Government and the States, or Reform Agenda,’’ established a federal 1500–1508), and the FSA regulations for on the distribution of power and policy to alleviate unnecessary compliance with NEPA (7 CFR part responsibilities among the various regulatory burdens on the American 799). FSA has determined that the levels of government, except as required people. provisions identified in this final rule by law. Nor does this rule impose The Office of Management and Budget are administrative in nature, intended to substantial direct compliance costs on (OMB) designated this rule as clarify the mandatory requirements of State and local governments. Therefore, significant under Executive Order 12866 the programs, as defined in the 2018 consultation with the States is not and therefore, OMB reviewed this rule. Farm Bill, and do not constitute a major required. The costs and benefits of this rule are Federal action that would significantly Executive Order 13175 summarized below. The full cost benefit affect the quality of the human analysis is available on regulations.gov. environment, individually or This rule has been reviewed in Executive Order 13771, ‘‘Reducing cumulatively. As this rule presents accordance with the requirements of Regulation and Controlling Regulatory administrative clarifications only, it is Executive Order 13175, ‘‘Consultation Costs,’’ requires that, in order to manage categorically excluded under and Coordination with Indian Tribal the costs required to comply with § 799.31(3)(i)) issuing minor technical Governments.’’ Executive Order 13175 Federal regulations, that for every new corrections to regulations, handbooks, requires Federal agencies to consult and significant or economically significant and internal guidance, as well as coordinate with Tribes on a regulation issued, the new costs must be amendments to them; therefore, FSA government-to-government basis on offset by savings from deregulatory will not prepare an environmental policies that have Tribal implications, actions. OMB guidance in M–17–21, assessment or environmental impact including regulations, legislative dated April 5, 2017, specifies that statement for this regulatory action. comments or proposed legislation, and ‘‘transfers’’ are not covered by Executive other policy statements or actions that Executive Order 12372 Order 13771. have substantial direct effects on one or Executive Order 12372, more Indian Tribes, on the relationship Cost Benefit Analysis Summary ‘‘Intergovernmental Review of Federal between the Federal Government and The cost benefit analysis evaluated Programs,’’ requires consultation with Indian Tribes or on the distribution of changes to payment limits and payment State and local officials that would be power and responsibilities between the eligibility mandated by the 2018 Farm directly affected by proposed Federal Federal Government and Indian Tribes. Bill along with two other changes the financial assistance. The objectives of The USDA Office of Tribal Relations rule is making in the regulation. This the Executive Order are to foster an (OTR) has assessed the impact of this rule implements those changes by intergovernmental partnership and a rule on Indian Tribes and determined amending the regulations in 7 CFR part strengthened Federalism, by relying on that this rule does have significant 1400. We estimate that the changes will State and local processes for State and Tribal implications. OTR has increase Farm Program outlays by about local government coordination and determined that further Tribal $21.2 million per year. The largest review of proposed Federal financial consultation under Executive Order increases are from elimination of the assistance and direct Federal 13175 is not required at this time. payment limit for ELAP and a new development. For reasons specified in Tribal consultation for this rule was separate payment limit for those the final rule related notice to 7 CFR included in the 2018 Farm Bill producers who choose buy-up coverage part 3015, subpart V (48 FR 29115, June consultation held on May 1–2, 2019, at under NAP. 24, 1983), the programs and activities the National Museum of American within this rule are excluded from the Indian, in Washington, DC, and on June Regulatory Flexibility Act scope of Executive Order 12372 which 26–27, 2019, in Sparks, NV. The portion The Regulatory Flexibility Act (5 requires intergovernmental consultation of the Tribal consultation relative to this U.S.C. 601–612), as amended by the with State and local officials. rule was conducted by Bill Northey, Small Business Regulatory Enforcement USDA Under Secretary for the Farm Fairness Act of 1996 (SBREFA, Pub. L. Executive Order 12988 Production and Conservation mission 104–121), generally requires an agency This rule has been reviewed under area, as part of the Title I session. No to prepare a regulatory flexibility Executive Order 12988, ‘‘Civil Justice comments regarding this rule were analysis of any rule whenever an agency Reform.’’ This rule will not preempt raised. is required by the Administrative State or local laws, regulations, or If a Tribe requests additional Procedure Act or any other law to policies unless they represent an consultation, FSA and CCC will work publish a proposed rule, unless the irreconcilable conflict with this rule. with OTR to ensure meaningful agency certifies that the rule will not The changes mandated by the 2018 consultation is provided where changes, have a significant economic impact on Farm Bill were effective for the 2019 additions, and modifications are not a substantial number of small entities. crop year. Other changes in this rule expressly mandated by law. This rule is not subject to the Regulatory will not have retroactive effect. Before The Unfunded Mandates Reform Act of Flexibility Act because USDA is not any judicial actions may be brought 1995 required by Administrative Procedure regarding the provisions of this rule, the Act or any law to publish a proposed administrative appeal provisions of 7 Title II of the Unfunded Mandates rule for this rulemaking. CFR parts 11 and 780 must be Reform Act of 1995 (UMRA, Pub. L. exhausted. 104–4) requires Federal agencies to Environmental Review assess the effects of their regulatory The environmental impacts of this Executive Order 13132 actions of State, local, and Tribal final rule have been considered in a This rule has been reviewed under governments or the private sector. manner consistent with the provisions Executive Order 13132, ‘‘Federalism.’’ Agencies generally must prepare a of the National Environmental Policy The policies contained in this rule do written statement, including cost Act (NEPA, 42 U.S.C. 4321–4347), the not have any substantial direct effect on benefits analysis, for proposed and final regulations of the Council on States, on the relationship between the rules with Federal mandates that may

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result in expenditures of $100 million or 10.091—Emergency Assistance for Livestock, ■ f. In newly redesignated paragraph more in any 1 year for State, local or Honeybees, and Farm-Raised Fish (a)(9), remove the reference ‘‘Subparts C, Tribal governments, in the aggregate, or Program D, and G’’ and add ‘‘Subparts C and G’’ 10.092—Tree Assistance Program in its place and remove ‘‘through (7)’’ to the private sector. UMRA generally 10.113—Agriculture Risk Coverage requires agencies to consider 10.112—Price Loss Coverage and add ‘‘through (8)’’ in its place; ■ alternatives and adopt the more cost 10.451—Noninsured Assistance g. In paragraph (b)(1), remove ‘‘(5),’’; effective or least burdensome alternative 10.912—Environmental Quality Incentives ■ h. In paragraph (b)(3), remove the that achieves the objectives of the rule. Program reference ‘‘Paragraph (a)(6)’’ and add the This rule contains no Federal mandates, 10.917—Agricultural Management Assistance references ‘‘Paragraphs (a)(5) and (6)’’ in its place and remove the word ‘‘and’’ at as defined in Title II of UMRA, for State, List of Subjects in 7 CFR Part 1400 local and Tribal governments or the the end of the paragraph; private sector. Therefore, this rule is not Agriculture, Grant programs— ■ i. In paragraph (b)(4), remove the subject to the requirements of sections agriculture, Loan programs—agriculture, period and add ‘‘; and’’ in its place; 202 and 205 of UMRA. Natural resources, Price support ■ j. Add paragraph (b)(5); and programs. ■ k. Revise paragraph (f). E-Government Act Compliance For the reasons discussed above, CCC The additions and revisions read as amends 7 CFR part 1400 as follows: follows. FSA and CCC are committed to complying with the E-Government Act, PART 1400—PAYMENT LIMITATION § 1400.1 Applicability. to promote the use of the internet and AND PAYMENT ELIGIBILITY (a) * * * other information technologies to (1) The Agriculture Risk Coverage provide increased opportunities for ■ 1. The authority citation continues to (ARC) and Price Loss Coverage (PLC) citizen access to Government read as follows: Programs, part 1412 of this chapter; information and services, and for other Authority: 7 U.S.C. 1308, 1308–1, 1308–2, * * * * * purposes. 1308–3, 1308–3a, 1308–4, and 1308–5; and (8) The Emergency Conservation Title I, Pub. L. 115–123. Federal Assistance Programs Program (ECP) and Emergency Forest Restoration Program (EFRP) in part 701 Subpart A—General Provisions The title and number of the Federal of this title. Domestic Assistance Programs found in ■ 2. Amend § 1400.1 as follows: * * * * * the Catalog of Federal Domestic ■ a. Revise paragraph (a)(1); (b) * * * Assistance to which this rule applies ■ b. In paragraph (a)(6), remove the (5) Paragraph (a)(8) of this section on are: word ‘‘and’’; a per disaster event basis. 10.051—Commodity Loans and Loan ■ c. In paragraph (a)(7), remove the * * * * * Deficiency Payments period and add ‘‘; and’’ in its place; (f) The following amounts are the 10.069—Conservation Reserve Program ■ d. Redesignate paragraph (a)(8) as limitations on payments per person or 10.088—Livestock Indemnity Program paragraph (a)(9); legal entity for the applicable period for 10.089—Livestock Forage Disaster Program ■ e. Add new paragraph (a)(8); each payment or benefit.

TABLE 1 TO PARAGRAPH (f)

Limitation per person or legal entity Payment or benefit ($)

(1) Price Loss Coverage, Agriculture Risk Coverage payments (other than 125,000 per program year. Peanuts). (2) Price Loss Coverage and Agriculture Risk Coverage payments for Pea- 125,000 per program year. nuts. (3) CRP annual rental payments ...... 50,000 per program year. (4) NAP payments (i) basic 50/55 NAP coverage ...... 125,000 per crop year. (ii) Buy-up NAP coverage ...... 300,000 per crop year. (5) LFP ...... 125,000 per program year. (6) CSP 1 ...... 200,000. (7) EQIP 2 ...... 450,000. (8) AMA program ...... 50,000 per fiscal year. (9) ECP ...... 500,000 per disaster event. (10) EFRP ...... 500,000 per disaster event. 1 The $200,000 limitation is the total amount a person or legal entity can receive directly or indirectly in the aggregate under all CSP contracts entered into during fiscal years 2019 through 2023. 2 The $450,000 limitation is the total amount of cost share and incentive payments a person or legal entity can receive directly or indirectly, under all EQIP contracts (excluding Conservation Incentive Contracts) in the aggregate entered into during the period of either: Fiscal years 2014 through 2018, or fiscal years 2019 through 2023.

§ 1400.2 [Amended] ■ b. In paragraph (c)(1), remove the place and remove the words ‘‘such word ‘‘such’’ and add the word ‘‘the’’ in year’’ and add the words ‘‘the applicable ■ 3. Amend § 1400.2 as follows: its place; year’’ in their place; and ■ a. In paragraph (c) introductory text, ■ c. In paragraph (f), remove the words ■ d. In paragraph (h), remove the words remove the word ‘‘such’’ and add the ‘‘such determinations’’ and add the ‘‘such reviews’’ and add ‘‘the reviews’’ words ‘‘the county’’ in its place; words ‘‘the determinations’’ in their in their place.

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■ 4. Amend § 1400.3(b) as follows: (v) Managing participation in USDA commodities, or livestock produced by ■ a. Revise the definitions of ‘‘Active programs; the farming operation. personal management’’ and ‘‘Capital’’; (2) Labor, which includes hiring and * * * * * ■ b. Add the definition of managing of hired labor; and Livestock means those animals ‘‘Environmentally sensitive land of (3) Agronomics and marketing, which included in § 1416.304(a) of this special significance’’ in alphabetical includes: chapter. order; (i) Selecting crops and making ■ * * * * * c. In the definition of ‘‘Equipment’’, planting decisions; Significant contribution means the (ii) Acquiring and purchasing crop remove the words ‘‘Such equipment’’ provision of the following to a farming inputs; and add the words ‘‘The equipment’’ in operation: (iii) Managing crops (that is, whatever their place and remove the words ‘‘such (1) Land, capital, or equipment: managerial decisions are needed with equipment’’ each time they appear and (i) For land, capital, or equipment respect to keeping the growing crops add the words ‘‘the equipment’’ in their contributed independently by a person living and healthy—soil fertility and place; or legal entity, a contribution that has a ■ fertilization, weed control, insect d. In the definition of ‘‘Family value at least equal to 50 percent of the control, irrigation if applicable) and member’’, remove the words ‘‘spouse, person’s or legal entity’s commensurate making harvest decisions; and or’’ and add the words ‘‘first cousin, share of the total: (iv) Pricing and marketing of crop niece, nephew, spouse, or’’ in their (A) Value of the capital necessary to place; production. ■ conduct the farming operation; e. In the definition of ‘‘Farming * * * * * (B) Rental value of the land necessary operation’’, remove the words ‘‘such Capital means the funding provided to conduct the farming operation; or person’’ and add the words ‘‘the by a person or legal entity to the farming (C) Rental value of the equipment person’’ in their place; operation for the operation to conduct necessary to conduct the farming ■ g. Remove the definition of ‘‘Interest farming activities. In determining operation; or in a farming operation’’; whether a person or legal entity has (ii) If the contribution by a person or ■ h. Add the definition of ‘‘Interest in independently contributed capital, in legal entity consists of any combination the farming operation’’ in alphabetical the form of funding, to the farming of land, capital, and equipment, the order; operation, the capital must have been combined contribution must have a ■ i. In the definition of ‘‘Land’’, remove derived from a fund or account separate value at least equal to 30 percent of the the word ‘‘Such’’ and add the word and distinct from that of any other person’s or legal entity’s commensurate ‘‘The’’ in its place, remove the words ‘‘If person or legal entity with an interest in share of the total value of the farming such’’ and add the words ‘‘If the’’ in the farming operation. Capital does not operation. their place, and remove the words ‘‘crop include the value of any labor or (2) For active personal labor, an or crop proceeds, such’’ and add management that is contributed to the amount contributed by a person or ‘‘farming operation, the’’ in their place; farming operation or any outlays for members, stockholders, or partners of a ■ j. In the definition of ‘‘Lawful alien’’, land or equipment. A capital legal entity to the farming operation that remove the words ‘‘a valid Alien contribution must be a direct out-of- is described by the smaller of the Registration Receipt Card’’ and add the pocket input of a specified sum or an following: words ‘‘appropriate valid credentials’’ amount borrowed by the person or legal (i) 1,000 hours per calendar year; or in their place; entity and does not include advance (ii) 50 percent of the total hours that ■ k. Add the definition of ‘‘Livestock’’ program payments. would be necessary to conduct a in alphabetical order; * * * * * ■ l. In the definition of ‘‘Sharecropper’’, farming operation that is comparable in Environmentally sensitive land of remove the words ‘‘such crop’’ and add size to the person’s or legal entity’s special significance means land offered the words ‘‘the crop’’ in their place and commensurate share in the farming for enrollment or adjacent to the land remove the words ‘‘the provision of operation. offered for enrollment that contains, or such labor’’ and add the word ‘‘work’’ (3) For active personal management, through enrollment will address, critical in their place; and includes activities performed by a ■ m. Revise the definition of resources including, but not limited to: person, with a direct or indirect (1) Habitat for threatened, ‘‘Significant contribution’’. ownership interest in the farming The additions and revisions read as endangered, or at-risk species; operation or a legal entity, on a regular, (2) Historical or cultural resources; follows: continuous, and substantial basis to the (3) Native grasslands; farming operation and meets at least one § 1400.3 Definitions. (4) Unique wetlands; of the following to be considered * * * * * (5) Rare, unique, or related soils; and significant: (b) * * * (6) Critical groundwater recharge (i) Performs at least 25 percent of the Active personal management means areas. total management hours required for the personally providing and participating * * * * * farming operation on an annual basis; or in activities considered critical to the Interest in the farming operation (ii) Performs at least 500 hours of profitability of the farming operation means any of the following: management annually for the farming and performed under one or more of the (1) Owner, lessor, or lessee of the land operation. following categories: in the farming operation; (4) With respect to a combination of (1) Capital, which includes: (2) An interest in the agricultural active personal labor and active (i) Arranging financing and managing products, commodities, or livestock personal management, when neither capital; produced by the farming operation; or contribution by itself meets the (ii) Acquiring equipment; (3) A member of a joint operation that requirement of paragraphs (2) and (3) of (iii) Acquiring land or negotiating is an owner, lessor, or lessee of the land this definition, a combination of active leases; in the farming operation or has an personal labor and active personal (iv) Managing insurance; and interest in the agricultural products, management that, when made together:

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(i) Is critical to the profitability of the (ii) Is performed on a regular, (iii) Meets the following required farming operation; continuous, and substantial basis; and number of hours:

TABLE 1 TO PARAGRAPH (4)(iii) OF THE DEFINITION OF SIGNIFICANT CONTRIBUTION

Combination of active personal labor and active personal management minimum requirement for a significant contribution Meets the minimum threshold for significant Management contribution in hours Labor contribution in hours contribution, in hours

475 75 550 450 100 550 425 225 650 400 250 650 375 375 750 350 400 750 325 425 750 300 550 850 275 575 850 250 600 850 225 625 850 200 650 850 175 675 850 150 800 950 125 825 950 100 850 950 75 875 950 50 900 950 25 925 950

* * * * * entity determined to have knowingly ■ a. In paragraph (a), remove the words ■ 5. Amend § 1400.5 as follows: participated in a scheme or device, or ‘‘such a’’ and add the words ‘‘the’’ in ■ a. In paragraph (b) introductory text, other equally serious actions to evade their place; remove the word ‘‘Such’’ and add the the payment limitation provisions in ■ b. In paragraph (b)(2), remove the words ‘‘Examples of’’ in its place; this part, or that has the purpose of words ‘‘such minor’’ and add the words ■ b. In paragraph (b)(3) introductory evading the provisions of this part, will ‘‘the minor’’ in their place; text, remove the words ‘‘Indicators of be jointly and severally liable for any ■ c. In paragraph (b)(3) introductory such business arrangement’’ and add the amounts determined to be payable as text, remove the word ‘‘such’’ and add words ‘‘Examples of business the result of the scheme or device, or the word ‘‘the’’ in its place; and arrangements or acts’’ in their place; other examples of equally serious ■ d. In paragraph (c), remove the word ■ c. In paragraph (c), remove the words actions mentioned in this section or in ‘‘such’’ and add the word ‘‘the’’ in its ‘‘such person’’ and add ‘‘the person’’ in § 1400.5, including amounts necessary place. their place, remove the words ‘‘for to recover the payments. § 1400.102 [Amended] such’’ and add the word ‘‘the’’ in their * * * * * place, and add the words ‘‘perpetrated ■ 11. Amend § 1400.102 as follows: ■ or’’ after the words ‘‘device was’’; and 6. Add § 1400.7 to read as follows: ■ a. In paragraph (a), remove the ■ d. Revise paragraph (d) introductory § 1400.7 Revocable trust. reference ‘‘§ 1400.1(a)(1)’’ and add text. ‘‘§ 1400.1’’ in its place; The revision reads as follows: A revocable trust and the grantor will ■ b. In paragraph (b) introductory text, be considered to be the same person remove the reference ‘‘§ 1400.1’’ and § 1400.5 Denial of program benefits. under this part. add the reference ‘‘§ 1400.1(a)(1)’’ in its * * * * * place; and § 1400.8 [Amended] (d) A person or legal entity that lies ■ c. In paragraph (c), remove the word or perpetuates fraud, commits fraud, or ■ 7. In § 1400.8, remove the word ‘‘such’’ and add the word ‘‘the’’ in its participates in equally serious actions ‘‘such’’ both times it appears and add place. for the benefit of the person or legal the word ‘‘the’’ in its place. entity, or the benefit of any other person § 1400.103 [Amended] or legal entity, to exceed the applicable § 1400.9 [Amended] ■ 12. In § 1400.103(a), remove the words limit on payments or the requirements ■ ‘‘such an’’ and add the word ‘‘the’’ in of this part will be subject to a 5-year 8. In § 1400.9(a) introductory text, their place and remove the words ‘‘such denial of all program benefits. Examples remove the word ‘‘such’’ and add the organization’’ and add the words ‘‘the of equally serious actions include, but word ‘‘the’’ in its place. organization’’ in their place. are not limited to: Subpart B—Payment Limitation § 1400.104 [Amended] * * * * * ■ 5. Revise § 1400.6(a) to read as § 1400.100 [Removed and Reserved] ■ 13. Amend § 1400.104 as follows: follows: ■ a. In paragraph (a) introductory text, ■ 9. Remove and reserve § 1400.100. remove the words ‘‘or legal entities’’; § 1400.6 Joint and several liability. ■ § 1400.101 [Amended] b. In paragraph (a)(1), remove the (a) Any legal entity, including joint words ‘‘such an’’ and add the word operations, and any member of a legal ■ 10. Amend § 1400.101 as follows: ‘‘the’’ in their place;

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■ c. In paragraph (a)(3) introductory ■ a. In paragraph (a), remove the word § 1400.204 Limited partnerships, limited text, remove the words ‘‘base acres not’’ ‘‘such’’ and add the word ‘‘the’’ in its liability partnerships, limited liability and add the words ‘‘land used for place; and companies, corporations, and other similar legal entities. agricultural production not’’ in their ■ b. In paragraph (d)(3), remove the place and remove the words ‘‘total base words ‘‘such a’’ and add the word ‘‘the’’ * * * * * acres’’ and add the words ‘‘total land’’ in their place. (d) * * * (1) To meet the requirements of in their place; ■ 17. Amend § 1400.202 as follows: ■ paragraph (a)(1) of this section, must be d. In paragraph (a)(3)(i), remove the ■ a. In paragraph (c) introductory text, contributed directly by the legal entity words ‘‘such an increase in base acres’’ remove the words ‘‘such capital’’ and and add ‘‘the increase in agricultural and must not be acquired as a loan add the words ‘‘the capital’’ in their made to, guaranteed, co-signed, or land’’ in their place; place; and ■ e. In paragraph (a)(3)(ii), remove the secured by any person, legal entity, or ■ b. Revise paragraph (c)(1). words ‘‘base acres’’ and add the words joint operation that has an interest in The revision reads as follows: ‘‘agricultural land’’ in their place; the farming operation, as defined in this ■ f. In paragraph (a)(4), remove ‘‘such’’ § 1400.202 Persons. part; and each time it appears and add the word * * * * * * * * * * ‘‘the’’ in its place; (c) * * * ■ 20. Amend § 1400.205 as follows: ■ ■ g. In paragraphs (a)(4)(i) through (iv), (1) To meet the requirements of a. In paragraph (e) introductory text, remove the comma and add a semicolon paragraph (a)(1)(i) of this section, must remove the word ‘‘such’’ and add the in its place; be contributed directly by the person word ‘‘the’’ in its place; and ■ ■ h. In paragraph (a)(5) introductory and must not be acquired as a result of b. Revise paragraph (e)(1). text, add the words ‘‘or livestock’’ after a loan made to, guaranteed, co-signed, The revision reads as follows: the words ‘‘gift of land’’ both times they or secured by any other person, joint appear and remove the word ‘‘such’’ § 1400.205 Trusts. operation, or legal entity that has an * * * * * and add the word ‘‘the’’ in its place; interest in the farming operation; and ■ i. In paragraph (a)(5)(i), remove the (e) * * * words ‘‘such land’’ and add the words * * * * * (1) To meet the requirements of ‘‘the land or livestock’’ in their place ■ 18. Amend § 1400.203 as follows: paragraph (a) of this section, must be and remove the comma and add a ■ a. In paragraph (a)(1)(ii)(C), remove contributed directly by the trust and semicolon in its place; the word ‘‘such’’ and add the word must not be acquired as a loan made to, ■ j. In paragraph (a)(5)(ii), add the words ‘‘the’’ in its place; guaranteed, co-signed, or secured by any ‘‘or livestock’’ after the words ‘‘of land’’, ■ b. In paragraph (b) introductory text, person, legal entity, or joint operation remove the words ‘‘the land’s fair’’ and remove the word ‘‘such’’ and add the that has an interest in the farming add the words ‘‘land’s or livestock’s word ‘‘the’’ in its place both time it operation, as defined in this part; and fair’’ in their place, and remove the appears; * * * * * comma and add a semicolon in its ■ c. Revise paragraph (b)(1); ■ 21. Amend § 1400.206 as follows: place; ■ d. In paragraph (b)(2) introductory ■ a. In paragraph (b) introductory text, ■ k. In paragraph (a)(5)(iii), remove the text, remove ‘‘(a)(3)’’ and add ‘‘(3)’’ in its remove the word ‘‘such’’ and add the words ‘‘the land’’ and add the words place and remove the words ‘‘as word ‘‘the’’ in its place; and ‘‘the land or livestock’’ in their place defined’’; and ■ b. Revise paragraph (b)(1). and remove ‘‘such land,’’ and add ‘‘the ■ e. In paragraph (c), remove ‘‘(b)(3)’’ The revision reads as follows: land or livestock;’’ in its place; and add ‘‘(3)’’ in its place and remove § 1400.206 Estates. ■ l. In paragraph (a)(5)(iv), remove the the word ‘‘such’’ to add the word ‘‘the’’ comma and add a semicolon in its in its place. * * * * * place; The revision reads as follows: (b) * * * ■ m. In paragraph (a)(5)(v), remove the (1) To meet the requirements of words ‘‘the land’’ and add the words § 1400.203 Joint operations. paragraph (a) of this section, must be ‘‘the land or livestock’’ in their place; * * * * * contributed directly by the estate and and (b) * * * must not be acquired as a loan made to, ■ n. In paragraph (b), remove the words (1) To meet the requirements of guaranteed, co-signed, or secured by any ‘‘or legal entities’’. paragraph (a)(1)(i) of this section, and if person, legal entity, or joint operation contributed directly by the joint that has an interest in the farming § 1400.105 [Amended] operation, must not be acquired as a operation, as defined in this part; and ■ 14. In § 1400.105(d) introductory text, loan made to, guaranteed, co-signed, or * * * * * remove the words ‘‘or legal entity’s’’. secured by any person, legal entity, or § § 1400.207, 1400.208, 1400.209, 1400.210, other joint operation that has an interest § 1400.106 [Amended] 1400.212, and 1400.213 [Amended] in the farming operation; and ■ ■ 15. In § 1400.106(a), remove the words * * * * * 22. In §§ 1400.207 through 1400.213, ‘‘Payments’’ and add the words ‘‘Direct remove the word ‘‘such’’ and add the ■ 19. Amend § 1400.204 as follows: or indirect payments’’ in its place and word ‘‘the’’ in its place in the following ■ add the words ‘‘and will be determined a. In paragraph (a)(2)(iii), remove the places: in accordance with § 1400.105’’ at the word ‘‘such’’ and add the word ‘‘the’’ in ■ a. In § 1400.207(a) introductory text, end of the paragraph. its place; (a)(1), and (b); ■ b. In paragraph (d) introductory text, ■ b. In § 1400.208(b)(1) and (2); Subpart C—Payment Eligibility remove the word ‘‘such’’ and add the ■ c. In § 1400.209(a) and (b)(2) and (3); word ‘‘the’’ in its place; and ■ d. In § 1400.210; § 1400.201 [Amended] ■ c. Revise paragraph (d)(1). ■ e. In § 1400.212; and ■ 16. Amend § 1400.201 as follows: The revision reads as follows: ■ f. In § 1400.213.

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■ 23. Add § 1400.214 to read as follows: Subpart E—Foreign Persons (1) Show that use of conservation program funding on or adjacent to § 1400.214 Cash rent tenants. § 1400.401 [Amended] environmentally sensitive land of (a) Any tenant that is actively engaged ■ 25. Amend § 1400.401 as follows: special significance is critical to the in farming in accordance with the ■ a. In paragraph (a), remove the words success of a project that provides provisions of this subpart and conducts ‘‘such person’’ and add the words ‘‘the conservation benefits to multiple a farming operation in which the tenant person’’ in their place both times they producers or landowners in a rents the land for cash, for a crop share appear, remove the words ‘‘such farm’’ community, watershed, or other guaranteed as to the amount of the and add the words ‘‘the farm’’ in their geographic area; commodity, or by any arrangement in place, remove the words ‘‘such an’’ and which the tenant does not compensate add the word ‘‘that’’ in their place, and (2) Demonstrate that the proposed the landlord by cash or a crop share, remove ‘‘these regulations’’ and adds action achieves enduring protection of and receives benefits, with respect to ‘‘the regulations in this subpart’’ in its environmentally sensitive land of the land under a program specified in place; special significance through use of a § 1400.1(a)(1) and (2) will not be eligible ■ b. In paragraph (b)(1), remove the long-term agreement that is greater than to receive any payment with respect to words ‘‘such a legal’’ and add the words 15 years in duration or through use of the cash-rented land unless the tenant ‘‘the legal’’ in their place and remove a deed restriction on the land; or independently makes a significant the words ‘‘such legal’’ and add the (3) Present evidence that otherwise contribution to the farming operation of: words ‘‘the legal’’ in their place; demonstrates, as determined by the (1) Active personal labor; or ■ c. In paragraph (b)(2) introductory Administrator or the NRCS Chief, that (2) Significant contributions of both text, remove the word ‘‘such’’ and add active personal management and the waiver is necessary to address the the word ‘‘the’’ in its place; critical natural resources referenced in equipment. ■ d. In paragraph (b)(3), remove the (b) If the equipment is leased by the the definition of environmentally words ‘‘in such’’ and add ‘‘in’’ in their sensitive land of special significance. tenant from: place; (1) The landlord, then the lease must ■ e. In paragraph (b)(4), remove the § 1400.501 [Amended] reflect the fair market value of the words ‘‘in such’’ and add the word ‘‘in’’ equipment leased with a payment in their place and remove the words ■ 28. Amend § 1400.501 as follows: schedule considered reasonable and ‘‘such payment’’ and add the words ‘‘the ■ a. In paragraph (a)(2), remove the customary for the area; or payment’’ in their place; and word ‘‘such’’ and add the word ‘‘the’’ in (2) The same person or legal entity ■ f. In paragraph (b)(5), remove the its place; and that is providing hired labor to the words ‘‘such percentage’’ and add the ■ farming operation, then the contracts for words ‘‘the percentage’’ in their place, b. In paragraph (b), remove the word the lease of the equipment and for the remove the words ‘‘such stock’’ and add ‘‘such’’ and add the word ‘‘this’’ in its hired labor must be two separate the words ‘‘the stock’’ in their place, place. contracts. and remove the words ‘‘such class’’ and § 1400.503 [Amended] (c) If the equipment is leased by the add the word ‘‘class’’ in their place. tenant from the landlord, or from the ■ 29. In § 1400.503, remove the word § 1400.402 [Amended] same person or legal entity that is ‘‘such’’ each time it appears and add the providing hired labor to the farming ■ 26. Amend § 1400.402 as follows: word ‘‘the’’ in its place. operation, then the tenant must exercise ■ a. In paragraph (a)(1), remove the complete control over the leased word ‘‘such’’ and add the word ‘‘the’’ in Subpart G—Additional Payment equipment during the entire current its place; Eligibility Provisions for Joint crop year. Complete control is defined ■ b. In paragraph (a)(2), remove the Operations and Legal Entities as exclusive access and use by the word ‘‘Such’’ and add the word ‘‘The’’ Comprised of Non-Family Members or tenant. in its place; and Partners, Stockholders, or Persons (d) If the cash rent tenant is a joint ■ c. In paragraph (b), remove the words With an Ownership Interest in the operation, then each member or their ‘‘Such written’’ and add the word Farming Operation spouse must make a significant ‘‘Written’’ in their place and remove contribution of active personal labor or ‘‘such’’ and add ‘‘the’’ in its place. § 1400.601 [Removed and Reserved] active personal management as specified in § 1400.203(a)(1)(ii) to be Subpart F—Average Adjusted Gross ■ 30. Remove and reserve § 1400.601. considered eligible for the member’s Income Limitation share of the program payments received § 1400.602 [Amended] ■ 27. Amend § 1400.500 as follows: by the joint operation on the cash rented ■ 33. Amend § 1400.602 as follows: land. ■ a. In paragraph (c), remove the word (e) If the cash rent tenant is a legal ‘‘such’’ and add the word ‘‘the’’ in its ■ a. In paragraphs (a)(1) and (2) entity, then a significant contribution of place; and introductory text, remove the word active personal labor or active personal ■ b. Add paragraph (f). ‘‘such’’ each time it appears; management must be made to the legal The addition reads as follows: ■ b. In paragraph (a)(3) introductory entity as specified in § 1400.204(a)(2) for § 1400.500 Applicability. text, remove the words ‘‘one such’’ and the legal entity to be considered eligible * * * * * add the word ‘‘one’’ in their place and for the program payments on the cash remove the words ‘‘with such’’ and add rented land. (f) The Administrator or NRCS Chief may waive the limitation under this the words ‘‘with that’’ in their place; Subpart D [Removed and Reserved] section on a case-by-case basis for the and protection of environmentally sensitive ■ 24. Remove and reserve subpart D, land of special significance. A waiver consisting of § 1400.301. request must be in writing and:

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■ c. In paragraphs (b) and (e), remove • Hand Delivery or Courier: Take Special the word ‘‘such’’ each time it appears comments to Docket Operations in conditions Company and model and add the word ‘‘the’’ in its place. Room W12–140 of the West Building number Ground Floor at 1200 New Jersey Richard Fordyce, No. 33–010–SC 2 Pratt and Whitney Can- Avenue SE, Washington, DC, between 9 Administrator, Farm Service Agency. ada, Inc. PT6C–67E a.m., and 5 p.m., Monday through Turboshaft Engine. Robert Stephenson, Friday, except Federal holidays. No. 33–009–SC 3 Pratt and Whitney Can- Executive Vice President, Commodity Credit • Fax: Fax comments to Docket ada Corp. PW210S Corporation. Operations at 202–493–2251. Turboshaft Engine. [FR Doc. 2020–18148 Filed 8–19–20; 4:15 pm] Privacy: The FAA will post all 1 82 FR 60854, December 26, 2017. BILLING CODE 3410–05–P comments it receives, without change, 2 76 FR 56097, September 12, 2011. to http://regulations.gov/, including any 3 76 FR 40594, July 11, 2011. personal information the commenter Comments Invited DEPARTMENT OF TRANSPORTATION provides. Using the search function of the docket website, anyone can find and The FAA invites interested people to Federal Aviation Administration read the electronic form of all comments take part in this rulemaking by sending received into any FAA docket, written comments, data, or views. The 14 CFR Part 33 including the name of the individual most helpful comments reference a sending the comment (or signing the specific portion of the special [Docket No FAA–2020–0816; Special comment for an association, business, Conditions No. 33–20–01–SC] conditions, explain the reason for any labor union, etc.). DOT’s complete recommended change, and include Special Conditions: Safran Helicopter Privacy Act Statement can be found in supporting data. Engines, S.A., Arrano 1A Turboshaft the Federal Register published on April The FAA will consider all comments Engine Model; 30-Minute All Engines 11, 2000 (65 FR 19477–19478). received by the closing date for Operating Power Rating Docket: Background documents or comments. The FAA may change these comments received may be read at special conditions based on the AGENCY: Federal Aviation http://www.regulations.gov at any time. comments received. Administration (FAA), DOT. Follow the online instructions for ACTION: Final special conditions; request accessing the docket or go to the Docket Background for comments. Operations in Room W12–140 of the On August 30, 2019, Safran West Building Ground Floor at 1200 Helicopter Engines applied for a type SUMMARY: These special conditions are New Jersey Avenue SE, Washington, certificate for the Arrano 1A turboshaft issued for the Safran Helicopter DC, between 9 a.m., and 5 p.m., Monday engine model. The Arrano 1A turboshaft Engines, S.A. (Safran Helicopter through Friday, except Federal holidays. engine model has an annular inlet Engines), Arrano 1A turboshaft engine FOR FURTHER INFORMATION CONTACT: Tara integrating inlet guide vanes, a two- model. This engine model will have a Fitzgerald, FAA, AIR–6A2, Engine and stage centrifugal compressor driven by a novel or unusual design feature when Propeller Standards Branch, Aircraft single-stage high pressure turbine, a compared to the state of technology Certification Service, 1200 District reverse flow combustion chamber and a envisioned in the airworthiness Avenue, Burlington, Massachusetts, single-stage low pressure turbine (power standards for aircraft engines. This 01803–5213; telephone (781) 238–7130; turbine) driving a reduction gearbox design feature is a 30-minute All facsimile (781) 238–7199; email located at the front of the engine and an Engines Operating (AEO) power rating. [email protected]. exhaust pipe. The Arrano 1A turboshaft The applicable airworthiness SUPPLEMENTARY INFORMATION: The FAA engine model will incorporate a novel regulations do not contain adequate or has determined, in accordance with 5 or unusual design feature, which is a 30- appropriate safety standards for this U.S. Code 553(b)(3)(B) and 553(d)(3), minute AEO power rating. Regulations design feature. These special conditions that notice and opportunity for prior pertaining to a 30-minute AEO power contain the additional safety standards public comment are unnecessary rating have not been incorporated into that the Administrator considers because substantially identical special part 33. These special conditions necessary to establish a level of safety conditions have been previously subject provide the requirements for the 30- equivalent to that established by the to the public comment process in minute AEO power rating for the Arrano existing airworthiness standards. several prior instances such that the 1A turboshaft engine model. Safran DATES: This action is effective on Safran FAA is satisfied that new comments are Helicopter Engines has requested this Helicopter Engines on August 24, 2020. unlikely. For the same reason, the FAA 30-minute AEO power rating to support Send comments on or before October 8, finds that good cause exists for adopting helicopter search and rescue missions 2020. these special conditions upon issuance. that require hover operations at high ADDRESSES: Send comments identified The FAA is requesting comments to power. The use of the 30-minute AEO by docket number FAA–2020–0816 allow interested persons to submit power rating will require special using any of the following methods: views that may not have been submitted conditions to address the use of this 30- • Federal eRegulations Portal: Go to in response to the prior opportunities minute AEO power rating and its effects http://www.regulations.gov and follow for comment. on the Arrano 1A engine model. the online instructions for sending your Type Certification Basis comments electronically. Special • Mail: Send comments to Docket conditions Company and model Under the provisions of title 14, Code number Operations, M–30, U.S. Department of of Federal Regulations (14 CFR) 21.17, Transportation (DOT), 1200 New Jersey No. 33–021–SC 1 Light Helicopter Turbine Safran Helicopter Engines must show Avenue SE, Room W12–140, West Engine Company that the Arrano 1A turboshaft engine Building Ground Floor, Washington, DC CTS800–4AT Turbo- model meets the applicable provisions 20590–0001. shaft Engine. of 14 CFR part 33, dated February 1,

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1965, as amended by amendments 33– 1A turboshaft engine model. Safran Helicopter Engines, Arrano 1A 1 through 33–34. Helicopter Engines must assess the turboshaft engine model. If the Administrator finds that the usage and publish ICAs with In addition to the general definitions applicable airworthiness regulations airworthiness limitations section limits in § 1.1, the following definition applies (e.g., 14 CFR part 33) do not contain in accordance with the usage to prevent to these special conditions: ‘‘Rated 30- adequate or appropriate safety standards excessive engine deterioration. Because minute All Engines Operating (AEO) for the Safran Helicopter Engines, the Arrano 1A turboshaft engine model power’’ means the approved brake Arrano 1A turboshaft engine model has a continuous one engine inoperative horsepower developed under static because of a novel or unusual design (OEI) rating and associated limitations conditions at the specified altitude and feature, special conditions are equal to or higher than the 30-minute temperature, and within the operating prescribed under the provisions of AEO rating, the test time performed at limitations under part 33, and limited in § 21.16. the continuous OEI rating may be use to periods not exceeding 30 Special conditions are initially credited toward the 25 hours of minutes. applicable to the model for which they operation endurance test requirement In addition to the airworthiness are issued. Should the type certificate set forth in these SCs. However, test standards in 14 CFR part 33, the for that model be amended later to times spent at other rating elements of following special conditions apply: include any other model that the § 33.87 endurance test, such as (a) Section 33.1, Applicability, and incorporates the same novel or unusual takeoff or other OEI ratings (that may be Section 33.3, General. As applicable, all design feature, these special conditions equal to or higher), may not be counted documentation, testing and analysis would also apply to the other model toward the required 25 hours endurance required to comply with the part 33 type under § 21.101. test set forth in these SCs. Therefore, certification basis must account for the The FAA issues special conditions, as special conditions are issued under the 30-minute AEO rating, limits, and defined in 14 CFR 11.19, in accordance provisions of 14 CFR 11.19, 21.16, and usage. with § 11.38, and they become part of 21.17. Safran Helicopter Engines must (b) Section 33.4, Instructions for the type certification basis under demonstrate compliance to the safety Continued Airworthiness. In addition to § 21.17(a)(2). standards specified in the special the requirements of § 33.4, the instructions for continued airworthiness Novel or Unusual Design Features conditions. These special conditions contain the must: The Arrano 1A turboshaft engine additional safety standards that the (1) Include instructions to ensure that model will incorporate a novel or Administrator considers necessary to in-service engine deterioration due to unusual design feature, which is a 30- establish a level of safety equivalent to the rated 30-minute AEO power usage minute AEO power rating. This rating that established by the existing will not exceed that assumed for will be used to support helicopter airworthiness standards. establishing the engine maintenance search and rescue missions that require program and all other approved ratings, hover operations at high power. Applicability including one engine inoperative (OEI), Discussion As discussed above, these special are available (within associated limits conditions are applicable to the Safran and assumed usage) for every flight. The type certification basis for the Helicopter Engines, Arrano 1A (2) Validate the adequacy of the Arrano 1A turboshaft engine model does turboshaft engine model. Should Safran maintenance actions required under not contain adequate airworthiness Helicopter Engines apply at a later date paragraph (b)(1) of these special standards for a 30-minute AEO power for a change to the type certificate to conditions. rating. Therefore, special conditions are include another model incorporating the (3) Include in the airworthiness necessary to provide additional safety same novel or unusual design feature, limitations section any mandatory standards for rating definition, these special conditions would apply to inspections and serviceability limits instructions for continued airworthiness that model as well. related to the use of the 30-minute AEO (ICA), and endurance testing. power rating. The 30-minute AEO power rating is Conclusion (c) Section 33.7, Engine ratings and generally intended to be used for This action affects only certain novel operating limitations. In addition to the hovering at increased power for search or unusual design features on the ratings and operating limitations and rescue missions at power levels Arrano 1A turboshaft engine model. It is required to be established by § 33.7(a) higher than the maximum continuous not a rule of general applicability. and (c), a rated 30-minute AEO power rating, up to rated takeoff power. These and operating limitations must be special conditions address the effects on List of Subjects in 14 CFR Part 33 established relating to the following: the engine during the use of the 30- Aircraft, Engines, Aviation Safety, (1) Horsepower, torque, shaft speed minute AEO power for up to 30 Reporting and recordkeeping (r.p.m.) and gas temperature. minutes. The 30-minute AEO power requirements. (2) The rated 30-minute AEO power rating time limitation applies to each and associated limitations must not instance the 30-minute AEO power Authority Citation exceed the rated takeoff power and rating is used. There is no limit to the The authority citation for these associated limitations. number of times the 30-minute AEO special conditions is as follows: (d) Section 33.29, Instrument power rating can be used during any Authority: 49 U.S.C. 106(g), 40113, 44701, connection. If dependence is placed on one flight and there is no cumulative 44702, 44704. instrumentation needed to monitor the time limitation. rating’s use, the applicant must make In accordance with § 33.4, the The Special Conditions provision for the installation of that applicant must prepare ICAs. Those Accordingly, pursuant to the instrumentation, specify the provisions ICAs must include instructions to authority delegated to me by the for instrumentation in the engine address the unknown usage of the 30- Administrator, the following special installation instructions, and declare minute AEO power rating and its effect conditions are issued as part of the type them mandatory in the engine approval on engine deterioration for the Arrano certification basis for the Safran documentation.

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(e) Section 33.87, Endurance Test. In The FAA must receive comments on (referred to after this as ‘‘the MCAI’’), to addition to the requirements of this AD by October 8, 2020. correct an unsafe condition for Pacific § 33.87(a) and (d), the overall test run ADDRESSES: You may send comments by Aerospace Limited Model 750XL must include a minimum of 25 hours of any of the following methods: airplanes with wing lightning protection operation at rated 30-minute AEO • Federal eRulemaking Portal: Go to panels installed. To accompany the power and limits, divided into periods https://www.regulations.gov. Follow the MCAI, the CAA issued Notification of of not less than 30 minutes, but not instructions for submitting comments. Airworthiness Directive issued for New more than 60 minutes at rated 30- • Fax: (202) 493–2251. Zealand Aeronautical Products IAW minute AEO power, and alternate • Mail: U.S. Department of ICAO Annex 8, dated December 15, periods at maximum continuous power Transportation, Docket Operations, M– 2017, which states: or less. 30, West Building Ground Floor, Room This [CAA] AD with effective date 22 (1) Each § 33.87(d) continuous OEI W12–140, 1200 New Jersey Avenue SE, December 2017 mandates an electrical rating test period of 60 minutes Washington, DC 20590. bonding inspection of the wing lightning duration, run at power and limits equal • Hand Delivery: U.S. Department of protection panels per the requirements in to or higher than the 30-minute AEO Transportation, Docket Operations, M– Pacific Aerospace Mandatory Service power rating, may be credited toward 30, West Building Ground Floor, Room Bulletin (MSB) PACSB/XL/092 issue 2, dated this requirement. Note that the test time W12–140, 1200 New Jersey Avenue SE, 15 December 2017, or later approved revision. required for the takeoff or other OEI Washington, DC 20590, between 9 a.m. ratings may not be counted toward the The [CAA] AD is prompted by the and 5 p.m., Monday through Friday, possibility that there may be insufficient 25 hours of testing required at the 30- except Federal holidays. electrical bonding between the lightning minute AEO power rating. For service information identified in protection panels and the airframe. this AD, contact Pacific Aerospace Issued in Burlington, Massachusetts, on Due to a report of an airplane with Limited, Airport Road, Hamilton, August 20, 2020. wing lightning strike panels that were Private Bag 3027, Hamilton 3240, New Robert J. Ganley, not bonded to the airframe and without Zealand; phone: +64 7843 6144; fax: +64 Manager, Engine and Propeller Standards information confirming whether the 843 6134; email: pacific@ Branch, Aircraft Certification Service. bonding was performed properly during aerospace.co.nz; internet: [FR Doc. 2020–18614 Filed 8–20–20; 11:15 am] the assembly process, a check of all www.aerospace.co.nz. You may view BILLING CODE 4910–13–P airplanes in operation is necessary. this referenced service information at In addition to the inspection of the the FAA, Airworthiness Products electrical bonding on the wing lightning DEPARTMENT OF TRANSPORTATION Section, Operational Safety Branch, 901 protection panels, the MCAI also Locust, Kansas City, Missouri 64106. requires repair of any insufficient Federal Aviation Administration For information on the availability of electrical bonding found during the this material at the FAA, call (816) 329– inspection. You may examine the MCAI 14 CFR Part 39 4148. It is also available on the internet on the internet at https:// at https://www.regulations.gov by [Docket No. FAA–2020–0769; Product www.regulations.gov by searching for Identifier 2018–CE–033–AD; Amendment searching for locating Docket No. FAA– and locating Docket No. FAA–2020– 39–21213; AD 2020–17–08] 2020–0769. 0769. RIN 2120–AA64 Examining the AD Docket Related Service Information Under 1 You may examine the AD docket on CFR Part 51 Airworthiness Directives; Pacific the internet at https:// Aerospace Limited Airplanes The FAA reviewed Pacific Aerospace www.regulations.gov by searching for Service Bulletin PACSB/XL/092, Issue AGENCY: Federal Aviation and locating Docket No. FAA–2020– 2, dated December 15, 2017. The service Administration (FAA), DOT. 0769; or in person at Docket Operations information contains procedures for ACTION: Final rule; request for comments between 9 a.m. and 5 p.m., Monday inspecting the electrical bonding through Friday, except Federal holidays. (verification testing) on the wing SUMMARY: The FAA is adopting a new The AD docket contains this AD, the lightning protection panels and airworthiness directive (AD) for Pacific regulatory evaluation, any comments repairing the electrical bonding if Aerospace Limited Model 750XL received, and other information. The insufficient bonding is found during the airplanes with wing lightning protection street address for Docket Operations is inspection. This service information is panels installed. This AD results from in the ADDRESSES section. Comments reasonably available because the mandatory continuing airworthiness will be available in the AD docket interested parties have access to it information (MCAI) issued by the shortly after receipt. through their normal course of business aviation authority of another country to FOR FURTHER INFORMATION CONTACT: or by the means identified in the identify and correct an unsafe condition Mike Kiesov, Aerospace Engineer, FAA, ADDRESSES section. on an aviation product. The MCAI General Aviation & Rotorcraft Section, describes the unsafe condition as International Validation Branch, 901 Differences Between This AD and the insufficient electrical bonding of the Locust, Room 301, Kansas City, MCAI wing lightning protection panels. The Missouri 64106; telephone: (816) 329– The MCAI requires compliance before FAA is issuing this AD to address the 4144; fax: (816) 329–4090; email: further flight for aircraft operating under unsafe condition on these products. [email protected]. instrument flight rules (IFR) and before DATES: This AD is effective September SUPPLEMENTARY INFORMATION: February 15, 2018, for aircraft operating 14, 2020. under visual flight rules. The FAA’s The Director of the Federal Register Discussion engineering assessment determined an approved the incorporation by reference The Civil Aviation Authority of New emergency AD was not warranted. of a certain publication listed in the AD Zealand (CAA) has issued AD DCA/ Therefore, this AD requires compliance as of September 14, 2020. 750XL/21, dated December 15, 2017 within 30 days for aircraft approved to

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operate under IFR and within 60 days received, without change, to https:// 44701: General requirements. Under for aircraft not approved to operate www.regulations.gov, including any that section, Congress charges the FAA under IFR. personal information you provide. The with promoting safe flight of civil FAA will also post a report aircraft in air commerce by prescribing FAA’s Determination and Requirements summarizing each substantive verbal regulations for practices, methods, and of the AD contact received about this final rule. procedures the Administrator finds This product has been approved by necessary for safety in air commerce. Confidential Business Information the aviation authority of another This regulation is within the scope of country, and is approved for operation CBI is commercial or financial that authority because it addresses an in the United States. Pursuant to our information that is both customarily and unsafe condition that is likely to exist or bilateral agreement with this State of actually treated as private by its owner. develop on products identified in this Design Authority, it has notified the Under the Freedom of Information Act rulemaking action. FAA of the unsafe condition described (FOIA) (5 U.S.C. 552), CBI is exempt in the MCAI and service information from public disclosure. If your Regulatory Flexibility Act referenced above. The FAA is issuing comments responsive to this AD contain The requirements of the Regulatory this AD because the agency evaluated commercial or financial information Flexibility Act (RFA) do not apply when all information provided by the State of that is customarily treated as private, an agency finds good cause pursuant to Design Authority and determined the that you actually treat as private, and 5 U.S.C. 553 to adopt a rule without unsafe condition exists and is likely to that is relevant or responsive to this AD, prior notice and comment. Because FAA exist or develop on other products of the it is important that you clearly designate has determined that it has good cause to same type design. the submitted comments as CBI. Please adopt this rule without notice and FAA’s Determination of the Effective mark each page of your submission comment, RFA analysis is not required. Date containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as Regulatory Findings An unsafe condition exists that confidential under the FOIA, and they The FAA has determined that this AD requires the immediate adoption of this will not be placed in the public docket AD. The FAA has found that the risk to will not have federalism implications of this AD. Submissions containing CBI under Executive Order 13132. This AD the flying public justifies waiving notice should be sent to Mike Kiesov, and comment prior to adoption of this will not have a substantial direct effect Aerospace Engineer, FAA, General on the States, on the relationship rule because if not corrected the unsafe Aviation & Rotorcraft Section, condition, in the event of a lightning between the national government and International Validation Branch, 901 the States, or on the distribution of strike, could result in an inflight fire. Locust, Room 301, Kansas City, The risk assessment received by the power and responsibilities among the Missouri 64106. Any commentary that various levels of government. FAA, and reconfirmed in July of 2020, the FAA receives which is not indicates that urgent action is required. specifically designated as CBI will be For the reasons discussed above, I The corrective actions necessary to placed in the public docket for this certify that this AD: mitigate this unsafe condition must be rulemaking. (1) Is not a ‘‘significant regulatory accomplished within 30 days for IFR action’’ under Executive Order 12866, operation and 60 days for VFR Costs of Compliance and operations. Therefore, the FAA finds The FAA estimates that this AD will (2) Will not affect intrastate aviation good cause that notice and opportunity affect 22 products of U.S. registry. The in Alaska. for prior public comment are FAA also estimates that it will take impracticable. In addition, for the about 5 work-hours per product to List of Subjects in 14 CFR Part 39 reasons stated above, the FAA finds that comply with the basic inspection Air transportation, Aircraft, Aviation good cause exists for making this requirements of this AD. The average safety, Incorporation by reference, amendment effective in less than 30 labor rate is $85 per work-hour. Safety. days. Based on these figures, we estimate Adoption of the Amendment Comments Invited the cost of the AD on U.S. operators to be $9,350, or $425 per product. Accordingly, under the authority This AD is a final rule that involves In addition, the FAA estimates that delegated to me by the Administrator, requirements affecting flight safety and any necessary follow-on repair actions the FAA amends 14 CFR part 39 as was not preceded by notice and an will take about 11 work-hours and follows: opportunity for public comment. require parts costing $200, for a cost of However, the FAA invites you to send $1,135 per product. The FAA has no PART 39—AIRWORTHINESS any written data, views, or arguments way of determining the number of DIRECTIVES about this final rule. Send your products that may need these actions. comments to an address listed under the Authority for This Rulemaking ■ 1. The authority citation for part 39 ADDRESSES section. Include the Docket continues to read as follows: Number FAA–2020–0769 and Product Title 49 of the United States Code Identifier 2019–CE–033–AD at the specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. beginning of your comments. The FAA rules on aviation safety. Subtitle I, § 39.13 [Amended] will consider all comments received by section 106, describes the authority of the closing date and may amend this the FAA Administrator. Subtitle VII: ■ 2. The FAA amends § 39.13 by adding final rule because of those comments. Aviation Programs, describes in more the following new airworthiness Except for Confidential Business detail the scope of the Agency’s directive (AD): Information (CBI) as described in the authority. 2020–17–08 Pacific Aerospace Limited: following paragraph, and other The FAA is issuing this rulemaking Amendment 39–21213; Docket No. information as described in 14 CFR under the authority described in FAA–2020–0769; Product Identifier 11.35, the FAA will post all comments Subtitle VII, Part A, Subpart III, section 2018–CE–033–AD.

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(a) Effective Date (h) For Airplanes With Extended Range (ii) [Reserved]. This AD becomes effective September 14, Wings (3) For Pacific Aerospace service 2020. For airplanes approved for operation under information identified in this AD, contact IFR, do the following actions within 30 days Pacific Aerospace Limited, Airport Road, (b) Affected ADs after September 14, 2020 (the effective date Hamilton, Private Bag 3027, Hamilton 3240, None. of this AD), and for airplanes not approved New Zealand; phone: +64 7843 6144; fax: for operation under IFR, do the following +64 843 6134; email: pacific@ (c) Applicability actions within 60 days after September 14, aerospace.co.nz; internet: https:// This AD applies to Pacific Aerospace 2020 (the effective date of this AD): www.aerospace.co.nz. Limited Model 750XL airplanes, certificated (1) Inspect each wing upper surface by (4) You may view this service information in any category, with a wing lightning following paragraphs 3.A.(1) through 3.A.(3) at the FAA, Airworthiness Products Section, protection panel installed. of the Accomplishment Instructions— Operational Safety Branch, 901 Locust, Extended Range Wing in PACSB/XL/092, Kansas City, Missouri 64106. For information (d) Subject Issue 2. on the availability of this material at the Air Transport Association of America (i) Using a mill-ohmmeter, determine the FAA, call (816) 329–4148. It is also available (ATA) Code 39: Electrical Wiring. resistance between the test point on each on the internet at https:// panel and the fuel cap. www.regulations.gov by searching for (e) Reason (ii) If the resistance is greater than 100 locating Docket No. FAA–2020–0769. This AD was prompted by mandatory milliohms, before further flight, repair the (5) You may view this service information continuing airworthiness information (MCAI) upper surface electrical bonding by following that is incorporated by reference at the issued by the aviation authority of another paragraph 3.B. of the Accomplishment National Archives and Records country to identify and correct an unsafe Instructions—Extended Range Wing in Administration (NARA). For information on condition on an aviation product. The MCAI PACSB/XL/092, Issue 2. the availability of this material at NARA, describes the unsafe condition as insufficient (2) Inspect each wing lower surface by email: [email protected], or go to: electrical bonding of the wing lightning following paragraphs 3.C.(1) through 3.C.(3) https://www.archives.gov/federal-register/cfr/ protection panels. The FAA is issuing this of the Accomplishment Instructions— ibr-locations.html. AD to detect and correct insufficient Extended Range Wing in PACSB/XL/092, Issued on August 12, 2020. Issue 2. electrical bonding between the wing Lance T. Gant, lightning protection panels and the airframe (i) Using a mill-ohmmeter, determine the resistance between each test point and the Director, Compliance & Airworthiness that, in the event of a lightning strike in that Division, Aircraft Certification Service. area, could result in an inflight fire. airframe. (ii) If the resistance is greater than 100 [FR Doc. 2020–18448 Filed 8–21–20; 8:45 am] (f) Compliance milliohms, before further flight, repair the BILLING CODE 4910–13–P Comply with the actions listed in lower surface electrical bonding by following paragraphs (g) and (h) of this AD within the paragraph 3.D. of the Accomplishment compliance times specified, unless already Instructions—Extended Range Wing in DEPARTMENT OF TRANSPORTATION done. PACSB/XL/092, Issue 2. Federal Aviation Administration (g) For Airplanes With Short Range Wings (i) Alternative Methods of Compliance The Manager, International Validation For airplanes approved for operation under 14 CFR Part 71 instrument flight rules (IFR), do the following Branch, FAA, has the authority to approve actions within 30 days after September 14, AMOCs for this AD, if requested using the [Docket No. FAA–2020–0365; Airspace procedures found in 14 CFR 39.19. Send 2020 (the effective date of this AD), and for Docket No. 20–ASW–4] information to ATTN: Mike Kiesov, airplanes not approved for operation under Aerospace Engineer, FAA, General Aviation IFR, do the following actions within 60 days RIN 2120–AA66 & Rotorcraft Section, International Validation after September 14, 2020 (the effective date Branch, 901 Locust, Room 301, Kansas City, of this AD): Amendment of Class E Airspace; Missouri 64106; telephone: (816) 329–4144; (1) Inspect each wing upper surface by Harrison, AR fax: (816) 329–4090; email: mike.kiesov@ following paragraphs 2.A.(1) through 2.A.(3) faa.gov. Before using any approved AMOC on of the Accomplishment Instructions—Short AGENCY: Federal Aviation any airplane to which the AMOC applies, Range Wing in Pacific Aerospace Service Administration (FAA), DOT. notify your appropriate principal inspector Bulletin PACSB/XL/092, Issue 2, dated ACTION: (PI) in the FAA Flight Standards District Final rule. December 15, 2017 (PACSB/XL/092, Issue 2). Office (FSDO), or lacking a PI, your local SUMMARY: This action amends Class E (i) Using a mill-ohmmeter, determine the FSDO. resistance between the test point on each surface airspace, and Class E airspace panel and the fuel cap. (j) Related Information extending upward from 700 feet above (ii) If the resistance is greater than 100 Refer to MCAI Civil Aviation Authority of the surface at Boone County Airport, milliohms, before further flight, repair the New Zealand AD DCA/750XL/21, dated Harrison, AR, due to the upper surface electrical bonding by following December 15, 2017, for related information. decommissioning of the (HRO) RWY 36 paragraph 2.B. of the Accomplishment You may examine the MCAI on the internet Outer Marker (OM) and Compass Instructions—Short Range Wing in PACSB/ at https://www.regulations.gov by searching Locator and cancellation of associated XL/092, Issue 2. for and locating Docket No. FAA–2020–0769. (2) Inspect each wing lower surface by approaches. Controlled airspace is following paragraphs 2.C.(1) through 2.C.(3) (k) Material Incorporated by Reference necessary for the safety and of the Accomplishment Instructions—Short (1) The Director of the Federal Register management of instrument flight rules Range Wing in PACSB/XL/092, Issue 2. approved the incorporation by reference (IFR) operations in the area. This action (i) Using a mill-ohmmeter, determine the (IBR) of the service information listed in this also updates the airport’s designator by resistance between each test point and the paragraph under 5 U.S.C. 552(a) and 1 CFR removing the city from the second line airframe. part 51. of the header. (ii) If the resistance is greater than 100 (2) You must use this service information milliohms, before further flight, repair the as applicable to do the actions required by DATES: Effective 0901 UTC, November 5, lower surface electrical bonding by following this AD, unless the AD specifies otherwise. 2020. The Director of the Federal paragraph 2.D. of the Accomplishment (i) Pacific Aerospace Service Bulletin Register approves this incorporation by Instructions—Short Range Wing in PACSB/ PACSB/XL/092, Issue 2, dated December 15, reference action under Title 1 Code of XL/092, Issue 2. 2017. Federal Regulations part 51, subject to

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the annual revision of FAA Order Interested parties were invited to does not warrant preparation of a 7400.11 and publication of conforming participate in this rulemaking effort by regulatory evaluation as the anticipated amendments. submitting written comments on the impact is minimal. Since this is a ADDRESSES: FAA Order 7400.11D, proposal to the FAA. No comments routine matter that only affects air traffic Airspace Designations and Reporting were received. procedures and air navigation, it is Class E airspace designations are Points, and subsequent amendments can certified that this rule, when published in Paragraph 6005, of FAA be viewed online at http://www.faa.gov/ promulgated, does not have a significant Order 7400.11D, dated August 8, 2019, air_traffic/publications/. For further economic impact on a substantial and effective September 15, 2019, which information, you can contact the number of small entities under the is incorporated by reference in 14 CFR Airspace Policy Group, Federal Aviation criteria of the Regulatory Flexibility Act. 71.1. The Class E airspace designations Administration, 800 Independence listed in this document will be Environmental Review Avenue SW, Washington, DC 20591; published subsequently in the Order. The FAA has determined that this telephone: (202) 267–8783. The Order is action qualifies for categorical exclusion also available for inspection at the Availability and Summary of under the National Environmental National Archives and Records Documents for Incorporation by Policy Act in accordance with FAA Administration (NARA). For Reference Order 1050.1F, ‘‘Environmental information on the availability of FAA This document amends FAA Order Impacts: Policies and Procedures,’’ Order 7400.11D at NARA, email 7400.11D, Airspace Designations and paragraph 5–6.5a. This airspace action [email protected] or go to https:// Reporting Points, dated August 8, 2019, is not expected to cause any potentially www.archives.gov/federal-register/cfr/ and effective September 15, 2019. FAA significant environmental impacts, and ibr-locations.html. Order 7400.11D is publicly available as no extraordinary circumstances exist FOR FURTHER INFORMATION CONTACT: John listed in the ADDRESSES section of this that warrant preparation of an Fornito, Operations Support Group, document. FAA Order 7400.11D lists environmental assessment. Eastern Service Center, Federal Aviation Class A, B, C, D, and E airspace areas, Administration, 1701 Columbia Ave, air traffic routes, and reporting points. Lists of Subjects in 14 CFR Part 71 College Park, GA 30337; telephone (404) The Rule Airspace, Incorporation by reference, 305–6364. Navigation (air). This amendment to Title 14 Code of SUPPLEMENTARY INFORMATION: Federal Regulations (14 CFR) part 71 Adoption of the Amendment Authority for This Rulemaking amends Class E surface airspace, by In consideration of the foregoing, the removing the southern extension, and Federal Aviation Administration The FAA’s authority to issue rules Class E airspace extending upward from amends 14 CFR part 71 as follows: regarding aviation safety is found in 700 feet above the surface, by amending Title 49 of the United States Code. the southern extension and eliminating PART 71—DESIGNATION OF CLASS A, Subtitle I, Section 106 describes the the northwest extension, at Boone B, C, D, AND E AIRSPACE AREAS; AIR authority of the FAA Administrator. County Airport, Harrison, AR, due to TRAFFIC SERVICE ROUTES; AND Subtitle VII, Aviation Programs, the decommissioning of the (HRO) RWY REPORTING POINTS describes in more detail the scope of the 36 Outer Marker (OM) and Compass ■ agency’s authority. This rulemaking is Locator. The FAA found that BAKKY 1. The authority citation for part 71 promulgated under the authority NDB has been decommissioned, and the continues to read as follows: described in Subtitle VII, Part A, Harrison VOR approach no longer Authority: 49 U.S.C. 106(f), 106(g); 40103, Subpart I, Section 40103. Under that exists. This results in airspace redesign 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, section, the FAA is charged with for Boone County Airport. In addition, 1959–1963 Comp., p. 389. prescribing regulations to assign the use the FAA updates the airport’s descriptor § 71.1 [Amended] of airspace necessary to ensure the by removing the unnecessary city name. safety of aircraft and the efficient use of Also, the FAA replaces the outdated ■ 2. The incorporation by reference in airspace. This regulation is within the term Airport/Facility Directory with the 14 CFR 71.1 of FAA Order 7400.11D, scope of that authority as it amends term Chart Supplement. These changes Airspace Designations and Reporting Class E airspace at Boone County are necessary for continued safety and Points, dated August 8, 2019, effective Airport, Harrison, AR to support IFR management of IFR operations in the September 15, 2019, is amended as operations in the area. area. follows: History FAA Order 7400.11, Airspace Paragraph 6002 Class E Surface Airspace Designations and Reporting Points, is * * * * * The FAA published a notice of published yearly and effective on proposed rulemaking in the Federal September 15. ASW AR E2 Harrison, AR Register (85 FR 33590, June 2, 2020) for Boone County Airport, AR Docket No. FAA–2020–0365 to amend Regulatory Notices and Analyses (Lat. 36°15′41″ N, long. 93°09′17″ W) Class E surface airspace, by removing The FAA has determined that this That airspace within a 4.3-mile radius of the southern extension, and Class E regulation only involves an established Boone County Airport. This Class E airspace airspace extending upward from 700 body of technical regulations for which area is effective during the specific dates and feet above the surface, by amending the frequent and routine amendments are times established in advance by a Notice to southern extension and eliminating the necessary to keep them operationally Airmen. The effective date and time will; northwest extension, at Boone County current. It therefore: (1) Is not a thereafter, be continuously published in the Airport, Harrison, AR. In addition, the ‘‘significant regulatory action’’ under Chart Supplement. FAA proposed to update the airport’s Executive Order 12866; (2) is not a Paragraph 6005 Class E Airspace Areas descriptor, and replace the outdated ‘‘significant rule’’ under DOT Extending Upward from 700 feet or More term Airport/Facility Directory with the Regulatory Policies and Procedures (44 Above the Surface of the Earth. term Chart Supplement. FR 11034; February 26, 1979); and, (3) * * * * *

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ASW AR E5 Harrison, AR www.regulations.gov website. Although II. Background Boone County Airport, AR listed in the index, some information (Lat. 36°15′41″ N, long. 93°09′17″ W) may not be publicly available, i.e., Georgia’s March 19, 2019 SIP revision That airspace extending upward from 700 Confidential Business Information or contains changes to a number of rules feet above the surface within a 6.8-mile other information whose disclosure is within the Georgia I/M Regulation to radius of Boone County Airport and within restricted by statute. Certain other remove obsolete references, clarify the 4-miles each side of the 183° bearing from the material, such as copyrighted material, State’s I/M regulations, and update airport extending form the 6.8-mile radius to is not placed on the internet and will be terminology: Rule 391–3–20–.01, 11.7 miles south of the airport. publicly available only in hard copy ‘‘Definitions;’’ Rule 391–3–20–.03, Issued in College Park, Georgia, on August form. Publicly available docket ‘‘Covered Vehicles: Exemptions;’’ Rule 17, 2020. materials are available either 391–3–20–.04, ‘‘Emission Inspection Matthew N. Cathcart, electronically through Procedures;’’ Rule 391–3–20–.05, Manager, Airspace & Procedures Team North, www.regulations.gov or in hard copy at ‘‘Emission Standards;’’ Rule 391–3–20– Eastern Service Center, Air Traffic the Air Regulatory Management Section, .06, ‘‘On-Road Testing of Exhaust Organization. Air Planning and Implementation Emissions by Remote Sensing [FR Doc. 2020–18379 Filed 8–21–20; 8:45 am] Branch, Air and Radiation Division, Technology or Other Means;’’ Rule 391– BILLING CODE 4910–13–P U.S. Environmental Protection Agency, 3–20–.07, ‘‘Inspection Equipment Region 4, 61 Forsyth Street SW, Atlanta, System Specification;’’ 391–3–20-.08, Georgia 30303–8960. EPA requests that ‘‘Quality Control and Equipment Calibration Procedures;’’ Rule 391–3– ENVIRONMENTAL PROTECTION if at all possible, you contact the person 20–.09, ‘‘Inspection Station AGENCY listed in the FOR FURTHER INFORMATION CONTACT section to schedule your Requirements;’’ Rule 391–3–20–.10, 40 CFR Part 52 inspection. The Regional Office’s ‘‘Certificates of Authorization;’’ Rule official hours of business are Monday 391–3–20–.11, ‘‘Inspector Qualifications [EPA–R04–OAR–2019–0195; FRL–10012– and Certification;’’ Rule 391–3–20–.13, 66–Region 4] through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. ‘‘Certificate of Emission Inspection;’’ Rule 391–3–20–.15, ‘‘Repairs and Air Plan Approval; Georgia; Revision FOR FURTHER INFORMATION CONTACT: Retests;’’ Rule 391–3–20–.17, to I/M Program Kelly Sheckler, Air Regulatory ‘‘Waivers;’’ and Rule 391–3–20–.18, AGENCY: Environmental Protection Management Section, Air Planning and ‘‘Sale of Vehicles.’’ Implementation Branch, Air and Agency (EPA). In a notice of proposed rulemaking Radiation Division, Region 4, U.S. ACTION: Final rule. (NPRM) published on May 14, 2020 (85 Environmental Protection Agency, 61 FR 28919), EPA proposed to approve the Forsyth Street SW, Atlanta, Georgia SUMMARY: The Environmental Protection above changes into the Georgia SIP. The 30303–8960. The telephone number is Agency (EPA) is approving a State details of Georgia’s submission and the (404) 562–9222. Ms. Sheckler can also Implementation Plan (SIP) revision rationale for EPA’s action are explained be reached via electronic mail at submitted by the State of Georgia in the NPRM. Comments on the NPRM [email protected]. through a letter dated March 15, 2019, were due on or before June 15, 2020. through the Georgia Department of SUPPLEMENTARY INFORMATION: EPA did not receive any comments on Natural Resources (GA DNR), the NPRM. Therefore, EPA is finalizing Environmental Protection Division (GA I. This Action approval of those changes in this action. EPD). The changes remove obsolete references, clarify the State’s inspection EPA is approving changes to the In this final action, EPA is correcting and maintenance (I/M) requirements, Georgia SIP that were provided to EPA an error in the NPRM regarding the term under a cover letter dated March 15, ‘‘Certification of Emission Inspection.’’ and update terminology, including to 1 reflect advances in technology. EPA 2019. Specifically, GA EPD provided In the NPRM (Section III.A.2.b.), EPA evaluated the SIP revision and three different changes to Georgia’s Rule stated that ‘‘[t]he term ‘Certificate of determined the changes will not impact 391–3–20—Enhanced Inspection and Emissions Inspection’ is defined as a emissions under the Georgia I/M Maintenance (‘‘Georgia I/M certificate issued to stations that have program. EPA has determined that Regulation’’), which were adopted by been inspected and approved by GA approval of the SIP revision will not the GA DNR Board of Directors and EPD.’’ Georgia Rule 391–391–3–20-.01, interfere with attainment or became state-effective on November 22, ‘‘Definitions,’’ however, defines a 2016, March 28, 2018, and February 17, ‘‘Certificate of Emissions Inspection’’ as maintenance of any national ambient air 2 quality standard (NAAQS) or with any 2019. The changes are to update the follows: other applicable requirement of the SIP to remove obsolete references, (f) ‘‘Certificate of Emissions Inspection’’ Clean Air Act (CAA or Act). Therefore, clarify the State’s I/M requirements, and means an official certificate that exhaust EPA is approving the Georgia’s March update terminology, including to reflect emissions, evaporative emissions, emission 15, 2019, SIP revision because it is advances in technology. These changes control equipment, and on-board diagnostic include adding, removing, and revising equipment have been inspected and consistent with the applicable approved in accordance with the Act and this provisions of the CAA. definitions applicable to the Georgia I/M Regulation. Chapter. Such certificates will be furnished DATES: This rule is effective September to official emission inspection stations by EPD to be completed and issued by such 23, 2020. 1 EPA officially received Georgia’s I/M SIP stations to the owner or operator of a ADDRESSES: EPA has established a revision request on March 21, 2019. 2 responsible motor vehicle upon inspection docket for this action under Docket Changes adopted by the GA DNR Board on and approval certifying that such responsible Identification No. EPA–R04–OAR– October 26, 2016, became state-effective on November 22, 2016; adopted on February 28, 2018, motor vehicle has been inspected and 2019–0195 at http:// became state-effective on March 28, 2018; and complies with the inspection and www.regulations.gov. All documents in adopted on January 16, 2019, became state-effective maintenance required by the Act and this the docket are listed on the on February 17, 2019. Chapter.

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Therefore, the term ‘‘Certificate of V. Statutory and Executive Order jurisdiction. In those areas of Indian Emissions Inspection’’ is defined as a Review country, the rule does not have tribal certificate issued to the owner or Under the CAA, the Administrator is implications as specified by Executive operator of a motor vehicle that has required to approve a SIP submission Order 13175 (65 FR 67249, November 9, received an emission inspection. that complies with the provisions of the 2000), nor will it impose substantial direct costs on tribal governments or III. Incorporation by Reference Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). preempt tribal law. In this rule, EPA is finalizing Thus, in reviewing SIP submissions, The Congressional Review Act, 5 regulatory text that includes EPA’s role is to approve state choices, U.S.C. 801 et seq., as added by the Small incorporation by reference. In provided that they meet the criteria of Business Regulatory Enforcement Fairness Act of 1996, generally provides accordance with requirements of 40 CFR the CAA. This action merely approves that before a rule may take effect, the 51.5, EPA is finalizing the incorporation state law as meeting Federal requirements and does not impose agency promulgating the rule must by reference of Georgia Rules 391–3–20- submit a rule report, which includes a .04, 391–3–20-.05, 391–3–20-.07, 391– additional requirements beyond those imposed by state law. For that reason, copy of the rule, to each House of the 3–20-.08, 391–3–20-.10, 391–3–20-.13, Congress and to the Comptroller General 391–3–20-.15, 391–3–20-.18, and 391– this action: • Is not a significant regulatory action of the United States. EPA will submit a 3–20-.20, state effective on March 28, subject to review by the Office of report containing this action and other 2018, and Georgia Rules 390–3–20-.01, Management and Budget under required information to the U.S. Senate, 391–3–20-.03, 391–3–20-.06, 391–3–20- Executive Orders 12866 (58 FR 51735, the U.S. House of Representatives, and .09, 391–3–20-.11, and 391–3–20-.17, October 4, 1993) and 13563 (76 FR 3821, the Comptroller General of the United state effective on February 17, 2019, January 21, 2011); States prior to publication of the rule in within Chapter 391–3–20, titled • Is not an Executive Order 13771 (82 the Federal Register. A major rule ‘‘Enhanced Inspection and FR 9339, February 2, 2017) regulatory cannot take effect until 60 days after it Maintenance,’’ to remove obsolete action because SIP approvals are is published in the Federal Register. references, clarify the State’s I/M exempted under Executive Order 12866; This action is not a ‘‘major rule’’ as requirements, and update terminology, • Does not impose an information defined by 5 U.S.C. 804(2). including to reflect advances in collection burden under the provisions Under section 307(b)(1) of the CAA, technology. EPA has made, and will of the Paperwork Reduction Act (44 petitions for judicial review of this continue to make, these materials U.S.C. 3501 et seq.); action must be filed in the United States generally available through • Is certified as not having a Court of Appeals for the appropriate www.regulations.gov and at the EPA significant economic impact on a circuit by October 23, 2020. Filing a Region 4 Office (please contact the substantial number of small entities petition for reconsideration by the person identified in the FOR FURTHER under the Regulatory Flexibility Act (5 Administrator of this final rule does not INFORMATION CONTACT section of this U.S.C. 601 et seq.); affect the finality of this action for the • preamble for more information). Does not contain any unfunded purposes of judicial review nor does it Therefore, these materials have been mandate or significantly or uniquely extend the time within which a petition approved by EPA for inclusion in the affect small governments, as described for judicial review may be filed, and shall not postpone the effectiveness of SIP, have been incorporated by in the Unfunded Mandates Reform Act such rule or action. This action may not reference by EPA into that plan, are of 1995 (Pub. L. 104–4); • Does not have Federalism be challenged later in proceedings to fully federally enforceable under implications as specified in Executive enforce its requirements. See section sections 110 and 113 of the CAA as of Order 13132 (64 FR 43255, August 10, 307(b)(2). the effective date of the final rulemaking 1999); List of Subjects in 40 CFR Part 52 of EPA’s approval, and will be • Is not an economically significant incorporated by reference in the next regulatory action based on health or Environmental protection, Air 3 update to the SIP compilation. safety risks subject to Executive Order pollution control, Carbon monoxide, IV. Final Action 13045 (62 FR 19885, April 23, 1997); Incorporation by reference, • Is not a significant regulatory action Intergovernmental relations, Lead, EPA is approving Georgia’s March 15, subject to Executive Order 13211 (66 FR Nitrogen dioxide, Ozone, Particulate 2019, SIP revision. The changes revise 28355, May 22, 2001); matter, Reporting and recordkeeping sections of Georgia’s Rule 391–3–20— • Is not subject to requirements of requirements, Sulfur oxides, Volatile Enhanced Inspection and Maintenance. Section 12(d) of the National organic compounds. The changes update the SIP to remove Technology Transfer and Advancement Dated: July 23, 2020. obsolete references, clarify the State’s I/ Act of 1995 (15 U.S.C. 272 note) because Mary Walker, application of those requirements would M requirements, and update Regional Administrator, Region 4. terminology, including to reflect be inconsistent with the CAA; and • advances in technology. These changes Does not provide EPA with the For the reasons stated in the include adding, removing, and revising discretionary authority to address, as preamble, the EPA amends 40 CFR part definitions applicable to the Georgia I/ appropriate, disproportionate human 52 as follows: health or environmental effects, using M Regulation. EPA is approving these practicable and legally permissible PART 52—APPROVAL AND changes because they are consistent methods, under Executive Order 12898 PROMULGATION OF with the CAA and EPA’s inspection and (59 FR 7629, February 16, 1994). IMPLEMENTATION PLANS maintenance regulations at 40 CFR part The SIP is not approved to apply on 51 subpart S. any Indian reservation land or in any ■ 1. The authority citation for part 52 other area where EPA or an Indian tribe continues to read as follows: 3 See 62 FR 27968 (May 22, 1997). has demonstrated that a tribe has Authority: 42 U.S.C. 7401 et seq.

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Subpart (L)—Georgia 20-.06, On-Road Testing of Exhaust Inspection’’, ‘‘391–3–20-.15, Repairs and Emissions by Remote Sensing Retests’’, ‘‘391–3–20-.16, Extensions and ■ 2. In § 52.570 amend the table in Technology or Other Means’’, ‘‘391–3– Reciprocal Inspections’’, ‘‘391–3–20-.17, paragraph (c) by: 20-.07, Inspection Equipment System Waivers’’, ‘‘391–3–20-.18, Sale of ■ a. Revising the entry for ‘‘391–3–20’’; Specifications’’, ‘‘391–3–20-.08, Quality Vehicles’’, ‘‘391–3–20-.19, Management and ■ b. Adding entries under ‘‘Enhanced Control and Equipment Calibration Contractor’’, ‘‘391–3–20-.20, Referee Inspection and Maintenance’’ in Procedures’’, ‘‘391–3–20-.09, Inspection Program’’, ‘‘391–3–20-.21, Inspection numerical order for ‘‘391–3–20-.01, Station Requirements’’, ‘‘391–3–20-.10, Fees’’, and ‘‘391–3–20-.22, Definitions’’, ‘‘391–3–20-.02, Covered Certificates of Authorization’’, ‘‘391–3– Enforcement’’, to read as follows: 20-.11, Inspector Qualifications and Counties’’, ‘‘391–3–20-.03, Covered § 52.570 Identification of plan. Vehicles; Exemptions’’, ‘‘391–3–20-.04, Certification’’, ‘‘391–3–20-.12, Emission Inspection Procedures’’, ‘‘391– Schedules for Emission Inspections’’, * * * * * 3–20-.05, Emission Standards’’, ‘‘391–3– ‘‘391–3–20-.13, Certificate of Emission (c) * * *

EPA APPROVED GEORGIA REGULATIONS

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

******* 391–3–20 ...... Enhanced Inspection and Maintenance 391–3–20-.01 .. Definitions ...... 2/17/2019 8/24/2020, [Insert citation of publication] ...... 391–3–20-.02 .. Covered Counties ...... 1/9/2005 5/24/2007, 72 FR 29075 ...... 391–3–20-.03 .. Covered Vehicles; Exemptions ...... 2/17/2019 8/24/2020, [Insert citation of publication] ...... 391–3–20-.04 .. Emission Inspection Procedures ...... 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.05 .. Emission Standards ...... 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.06 .. On-Road Testing of Exhaust Emissions by 2/17/2019 8/24/2020, [Insert citation of publication] ...... Remote Sensing Technology or Other Means. 391–3–20-.07 .. Inspection Equipment System Specifications .. 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.08 .. Quality Control and Equipment Calibration 3/28/2018 8/24/2020, [Insert citation of publication] ...... Procedures. 391–3–20-.09 .. Inspection Station Requirements ...... 2/17/2019 8/24/2020, [Insert citation of publication] ...... 391–3–20-.10 .. Certificates of Authorization ...... 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.11 .. Inspector Qualifications and Certification ...... 2/17/2019 8/24/2020, [Insert citation of publication] ...... 391–3–20-.12 .. Schedules for Emission Inspections ...... 6/19/2014 4/10/2017, 82 FR 17128 ...... 391–3–20-.13 .. Certificate of Emission Inspection ...... 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.15 .. Repairs and Retests ...... 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.16 .. Extensions and Reciprocal Inspections ...... 6/19/2014 4/10/2017, 82 FR 17128 ...... 391–3–20-.17 .. Waivers ...... 2/17/2019 8/24/2020, [Insert citation of publication] ...... 391–3–20-.18 .. Sale of Vehicles ...... 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.19 .. Management Contractor ...... 6/19/2014 4/10/2017, 82 FR 17128 ...... 391–3–20-.20 .. Referee Program ...... 3/28/2018 8/24/2020, [Insert citation of publication] ...... 391–3–20-.21 .. Inspection Fees ...... 6/19/2014 4/10/2017, 82 FR 17128 ...... 391–3–20-.22 .. Enforcement ...... 6/19/2014 4/10/2017, 82 FR 17128 ......

* * * * * implementing the Freedom of in the Federal Register at 85 FR 5137 on [FR Doc. 2020–16668 Filed 8–21–20; 8:45 am] Information Act (FOIA). The previous January 29, 2020. BILLING CODE 6560–50–P published final rule inadvertently Subpart 41 CFR 105–60.6 was excluded a subpart. inadvertently excluded when GSA amended its regulations to incorporate DATES: Effective: August 24, 2020. GENERAL SERVICES changes brought about by changes to the ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Mr. Freedom of Information Act (FOIA) on Travis S. Lewis, Director of GSA, OAS, January 29, 2020. 41 CFR Part 105–60 Freedom of Information Act Requester II. Discussion of Changes Service Center, at 202–219–3078 or via [GSPMR Case 2016–105–1; Docket No. GSA is issuing this technical 2016–0004; Sequence No. 1] email at [email protected] for clarification of content. For information amendment to reinstitute its regulations Public Availability of Agency Records pertaining to status or publication pertaining to the Production or and Informational Materials; Technical schedules, contact the Regulatory Disclosure by Present or Former General Amendment Secretariat Division at 202–501–4755. Services Administration Employees in Please cite GSPMR Case 2016–105–1. Response to Subpoenas or Similar AGENCY: Office of Administrative Demands in Judicial or Administrative Services (OAS), General Services SUPPLEMENTARY INFORMATION: Proceedings. There is and was no Administration (GSA). I. Background amendment to the language of the ACTION: Final rule. specific regulations pertaining to the GSPMR Case 2016–105–1; Public Production or Disclosure by Present or SUMMARY: GSA is amending the General Availability of Agency Records and Former General Services Administration Services Administration’s regulations Informational Materials was published Employees in Response to Subpoenas or

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Similar Demands in Judicial or Freedom of Information Act, Privacy § 105–60.1002 Definitions. Administrative Proceedings. This Act. For purposes of this subpart, the technical amendment only reinstates the following definitions apply: unchanged, aforementioned regulations Emily W. Murphy, (a) Material means any document, as reflected in the background section. Administrator. record, file or data, regardless of the physical form or the media by or This final rule reinstates Subpart 41 ■ For the reasons stated in the preamble, CFR 105–60.6, hereinafter Subpart L–41 through which it is maintained or GSA revises 41 CFR part 105–60 to add recorded, which was generated or CFR–105–60.10, which regulates the Subpart L to read as follows: Production or Disclosure by Present or acquired by a current or former GSA employee by reason of the performance Former General Services Administration PART 105–60—PUBLIC AVAILABILITY of that person’s official duties or Employees in Response to Subpoenas or OF AGENCY RECORDS AND because of the person’s official status, or Similar Demands in Judicial or INFORMATIONAL MATERIALS Administrative Proceedings. any other tangible item, e.g., personal property possessed or controlled by III. Executive Orders 12866 and 13563 Subpart L 105–60.10—Production or Disclosure by Present or Former GSA. (b) Information means any knowledge Executive Orders (E.O.s) 12866 and General Services Administration or facts contained in material, and any 13563 direct agencies to assess all costs Employees in Response to Subpoenas knowledge or facts acquired by current and benefits of available regulatory or Similar Demands in Judicial or or former GSA employee as part of the alternatives; and, if regulation is Administrative Proceedings performance of that person’s official necessary, to select regulatory duties or because of that person’s approaches that maximize net benefits Sec. 105–60.1001 Purpose and scope of subpart. official status. (including potential economic, (c) Demand means any subpoena, environmental, public health and safety 105–60.1002 Definitions. 105–60.1003 Acceptance of service of a order, or similar demand for the effects, distributive impacts, and subpoena duces tecum or other legal production or disclosure of material, equity). E.O. 13563 emphasizes the demand on behalf of the General information or testimony regarding such importance of quantifying both costs Services Administration. material or information, issued by a and benefits, of reducing costs, of 105–60.1004 Production or disclosure court or other authority in a judicial or harmonizing rules, and of promoting prohibited unless approved by the administrative proceeding, excluding flexibility. This is not a significant Appropriate Authority. congressional subpoenas or demands in regulatory action and, therefore, was not 105–60.1005 Procedure in the event of a Federal grand jury proceedings, and subject to review under Section 6(b) of demand for production or disclosure. served upon a present or former GSA E.O. 12866, Regulatory Planning and 105–60.1006 Procedure where response to employee. Review, dated September 30, 1993. This demand is required prior to receiving (d) Appropriate authority means the rule is not a major rule under 5 U.S.C. instructions. following officials who are delegated 804. 105–60.1007 Procedure in the event of an authority to approve or deny responses IV. Executive Order 13771 adverse ruling. to demands for material, information or 105–60.1008 Fees, expenses, and costs. testimony: The General Services Administration Authority: 5 U.S.C. 301 and 552; 40 U.S.C. (1) The Counsel to the Inspector certifies that this final rule will not have 486(c). General for material and information a significant economic impact on a which is the responsibility of the GSA substantial number of small entities § 105–60.1001 Purpose and scope of Office of Inspector General or testimony subpart. within the meaning of the Regulatory of current or former employees of the Flexibility Act, 5 U.S.C. 601, et seq., (a) By virtue of the authority vested in Office of the Inspector General; because this editorial change does not the Administrator of General Services (2) The Counsel to the GSA Board of have a significant impact on the public by 5 U.S.C. 301 and 41 U.S.C. 121(c) Contract Appeals for material and or Government. this subpart establishes instructions and information which is the responsibility V. Regulatory Flexibility Act procedures to be followed by current of the Board of Contract Appeals or and former employees of the General testimony of current or former Board of The Regulatory Flexibility Act does Services Administration in response to Contract Appeals employees; not apply to this rule because this final subpoenas or similar demands issued in (3) The GSA General Counsel, rule does not constitute a significant judicial or administrative proceedings Associate General Counsel(s) or GSAR revision and 41 U.S.C. 1707 does for production or disclosure of material Regional Counsel for all material, not require publication for public or information obtained as part of the information, or testimony not covered comment. performance of a person’s official duties by paragraphs (d)(1) and (2) of this or because of the person’s official status. section. VI. Paperwork Reduction Act Nothing in these instructions applies to § 105–60.1003 Acceptance of service of a This final rule does not contain any responses to subpoenas or demands subpoena duces tecum or other legal information collection that requires issued by the Congress or in Federal demand on behalf of the General Services additional approval of the Office of grand jury proceedings. Administration. Management and Budget under the (b) This subpart provides instructions (a) The Administrator of General Paperwork Reduction Act (44 U.S.C. regarding the internal operations of GSA Services and the following officials are Chapter 35). and the conduct of its employees, and the only GSA personnel authorized to List of Subjects in 41 CFR Part 105–60 is not intended and does not, and may accept service of a subpoena or other not, be relied upon to create any right legal demand on behalf of GSA: The Administrative practice and or benefit, substantive or procedural, GSA General Counsel and Associate procedure, Records, Information, enforceable at law by a party against General Counsel(s) and, with respect to Confidential business information, GSA. material or information which is the

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responsibility of a regional office, the Department of Justice (DOJ) in disclosure or production on GSA, Regional Administrator and Regional proceedings in which GSA, its current including but not limited to willingness Counsel. The Inspector General and or former employees, or the United to accept authenticated copies of Counsel to the Inspector General, as States are represented by DOJ. material in lieu of personal appearance well as the Chairman and Vice (c)(1) Oral testimony. If oral testimony by GSA employees; Chairman of the Board of Contract is sought by a demand, the Appropriate (6) The impact on pending or Appeals, are authorized to accept Authority shall require the party seeking potential litigation involving GSA or the service for material or information the testimony or the party’s attorney to United States as a party; which are the responsibility of their provide, by affidavit or other statement, (7) In consultation with the head of respective organizations. a detailed summary of the testimony the GSA organizational component (b) A present or former GSA employee sought and its relevance to the affected, the burden on GSA which not authorized to accept service of a proceedings. Any authorization for the disclosure or production would entail; subpoena or other demand for material, testimony of a current or former GSA and information or testimony obtained in an employee shall be limited to the scope (8) Any additional factors unique to a official capacity shall respectfully of the demand as summarized in such particular demand or proceeding. inform the process server that he or she statement or affidavit. (f) The Appropriate Authority shall is not authorized to accept service on (2) Production of material. When not approve a disclosure or production behalf of GSA and refer the process information other than oral testimony is which would: server to an appropriate official listed in sought by a demand, the Appropriate (1) Violate a statute or a specific paragraph (a) of this section. Authority shall require the party seeking regulation; (c) A Regional Administrator or production or the party’s attorney to (2) Reveal classified information, Regional Counsel shall notify the provide a detailed summary, by affidavit unless appropriately declassified by the General Counsel of a demand which or other statement, of the information originating agency; may raise policy concerns or affect sought and its relevance to the (3) Reveal a confidential source or multiple regions. proceeding. informant, unless the investigative (3) Required plan or other agency and the source or informant § 105–60.1004 Production or disclosure information. The Appropriate Authority consent; prohibited unless approved by the may require a plan or other information (4) Reveal records or information Appropriate Authority. from the party seeking testimony or compiled for law enforcement purposes No current or former GSA employee production of material of all demands which would interfere with enforcement shall, in response to a demand, produce reasonably foreseeable, including, but proceedings or disclose investigative any material or disclose, through not limited to, names of all current and techniques and procedures the testimony or other means, any former GSA employees from whom effectiveness of which would be information covered by this subpart, testimony or production is or will likely impaired; without prior approval of the be sought, areas of inquiry, for current (5) Reveal trade secrets or commercial Appropriate Authority. employees the length of time away from or financial information which is privileged or confidential without prior § 105–60.1005 Procedure in the event of a duty anticipated, and identification of demand for production or disclosure. documents to be used in each consultation with the person from deposition or other testimony, where whom it was obtained; or (a) Whenever service of a demand is appropriate. (6) Be contrary to a recognized attempted in person or via mail upon a (d) The Appropriate Authority will privilege. current or former GSA employee for the notify the current or former employee, (g) The Appropriate Authority’s production of material or the disclosure the appropriate supervisor, and such determination, including any reasons of information covered by this subpart, other persons as circumstances may for denial or limitations on disclosure or the employee or former employee shall warrant, whether disclosure or production, shall be made as immediately notify the Appropriate production is authorized, and of any expeditiously as possible and shall be Authority through his or her supervisor conditions or limitations to disclosure communicated in writing to the issuer or his or her former service, staff office, or production. of the demand and appropriate current or regional office. The supervisor shall (e) Factors to be considered by the or former GSA employee(s). In notify the Appropriate Authority. For Appropriate Authority in responding to proceedings in which GSA, its current current or former employees of the demands: or former employees, or the United Office of Inspector General located in (1) Whether disclosure or production States are represented by DOJ, the regional offices, Counsel to the is appropriate under rules of procedure determination shall be coordinated with Inspector General shall be notified governing the proceeding out of which DOJ which may respond to the issuer of through the immediate supervisor or the demand arose; the subpoenas or demand in lieu of the former employing field office. (2) The relevance of the testimony or Appropriate Authority. (b) The Appropriate Authority shall documents to the proceedings; require that the party seeking material (3) The impact of the relevant § 105–60.1006 Procedure where response or testimony provide the Appropriate substantive law concerning applicable to demand is required prior to receiving Authority with an affidavit, declaration, privileges recognized by statute, instructions. statement, and/or a plan as described in common law, judicial interpretation or (a) If a response to a demand is paragraphs (c) (1), (2), and (3) of this similar authority; required before the Appropriate section if not included with or (4) The information provided by the Authority’s decision is issued, a GSA described in the demand. The issuer of the demand in response to attorney designated by the Appropriate Appropriate Authority may waive this requests by the Appropriate Authority Authority for the purpose shall appear requirement for a demand arising out of pursuant to paragraphs (b) and (c) of with the employee or former employee proceedings to which GSA or the United this section; upon whom the demand has been made, States is a party. Any waiver will be (5) The steps taken by the issuer of the and shall furnish the judicial or other coordinated with the United States demand to minimize the burden of authority with a copy of the instructions

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contained in this subpart. The attorney applicable to the proceedings out of agree to adopt and administer local shall inform the court or other authority which the demand arose. floodplain management measures aimed that the demand has been or is being [FR Doc. 2020–17050 Filed 8–21–20; 8:45 am] at protecting lives and new construction referred for the prompt consideration by BILLING CODE 6820–FM–P from future flooding. Section 1315 of the Appropriate Authority. The attorney the National Flood Insurance Act of shall respectfully request the judicial or 1968, as amended, 42 U.S.C. 4022, administrative authority to stay the DEPARTMENT OF HOMELAND prohibits the sale of NFIP flood demand pending receipt of the SECURITY insurance unless an appropriate public requested instructions. body adopts adequate floodplain (b) The designated GSA attorney shall Federal Emergency Management management measures with effective coordinate GSA’s response with DOJ’s Agency enforcement measures. The Civil Division or the relevant Office of communities listed in this document no the United States Attorney and may 44 CFR Part 64 longer meet that statutory requirement request that a DOJ or Assistant United for compliance with program [Docket ID FEMA–2020–0005; Internal regulations, 44 CFR part 59. States Attorney appear with the Agency Docket No. FEMA–8641] employee in addition to or in lieu of a Accordingly, the communities will be suspended on the effective date in the designated GSA attorney. Suspension of Community Eligibility (c) If an immediate demand for third column. As of that date, flood production or disclosure is made in AGENCY: Federal Emergency insurance will no longer be available in circumstances which preclude the Management Agency, DHS. the community. We recognize that some appearance of a GSA or DOJ attorney on ACTION: Final rule. of these communities may adopt and the behalf of the employee or the former submit the required documentation of SUMMARY: This rule identifies legally enforceable floodplain employee, the employee or former communities where the sale of flood management measures after this rule is employee shall respectfully make a insurance has been authorized under published but prior to the actual request to the demanding authority for the National Flood Insurance Program suspension date. These communities sufficient time to obtain advice of (NFIP) that are scheduled for will not be suspended and will continue counsel. suspension on the effective dates listed to be eligible for the sale of NFIP flood § 105–60.1007 Procedure in the event of an within this rule because of insurance. A notice withdrawing the adverse ruling. noncompliance with the floodplain suspension of such communities will be If the court or other authority declines management requirements of the published in the Federal Register. to stay the effect of the demand in program. If the Federal Emergency In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that response to a request made in Management Agency (FEMA) receives identifies the Special Flood Hazard accordance with § 105–60.606 pending documentation that the community has Areas (SFHAs) in these communities. receipt of instructions, or if the court or adopted the required floodplain The date of the FIRM, if one has been other authority rules that the demand management measures prior to the published, is indicated in the fourth must be complied with irrespective of effective suspension date given in this column of the table. No direct Federal instructions by the Appropriate rule, the suspension will not occur and financial assistance (except assistance Authority not to produce the material or a notice of this will be provided by pursuant to the Robert T. Stafford disclose the information sought, the publication in the Federal Register on a Disaster Relief and Emergency employee or former employee upon subsequent date. Also, information Assistance Act not in connection with a whom the demand has been made shall identifying the current participation flood) may be provided for construction respectfully decline to comply, citing status of a community can be obtained from FEMA’s Community Status Book or acquisition of buildings in identified these instructions and the decision of SFHAs for communities not the United States Supreme Court in (CSB). The CSB is available at https:// www.fema.gov/national-flood- participating in the NFIP and identified United States ex rel. Touhy v. Ragen, for more than a year on FEMA’s initial 340 U.S. 462 (1951). insurance-program-community-status- book. FIRM for the community as having flood-prone areas (section 202(a) of the § 105–60.1008 Fees, expenses, and costs. DATES: Effective Dates: The effective Flood Disaster Protection Act of 1973, date of each community’s scheduled (a) In consultation with the 42 U.S.C. 4106(a), as amended). This suspension is the third date (‘‘Susp.’’) Appropriate Authority, a current prohibition against certain types of listed in the third column of the employee who appears as a witness Federal assistance becomes effective for following tables. pursuant to a demand shall ensure that the communities listed on the date he or she receives all fees and expenses, FOR FURTHER INFORMATION CONTACT: If shown in the last column. The including travel expenses, to which you want to determine whether a Administrator finds that notice and witnesses are entitled pursuant to rules particular community was suspended public comment procedures under 5 applicable to the judicial or on the suspension date or for further U.S.C. 553(b), are impracticable and administrative proceedings out of which information, contact Adrienne L. unnecessary because communities listed the demand arose. Sheldon, PE, CFM, Federal Insurance in this final rule have been adequately (b) Witness fees and reimbursement and Mitigation Administration, Federal notified. for expenses received by a GSA Emergency Management Agency, 400 C Each community receives 6-month, employee shall be disposed of in Street SW, Washington, DC 20472, (202) 90-day, and 30-day notification letters accordance with rules applicable to 674–1087. addressed to the Chief Executive Officer Federal employees in effect at the time. SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be (c) Reimbursement to the GSA for enables property owners to purchase suspended unless the required costs associated with producing Federal flood insurance that is not floodplain management measures are material pursuant to a demand shall be otherwise generally available from met prior to the effective suspension determined in accordance with rules private insurers. In return, communities date. Since these notifications were

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made, this final rule may take effect with the statutory requirements, and Paperwork Reduction Act, 44 U.S.C. within less than 30 days. after the effective date, flood insurance 3501 et seq. National Environmental Policy Act. will no longer be available in the List of Subjects in 44 CFR Part 64 FEMA has determined that the communities unless remedial action community suspension(s) included in takes place. Flood insurance, Floodplains. this rule is a non-discretionary action Regulatory Classification. This final Accordingly, 44 CFR part 64 is and therefore the National rule is not a significant regulatory action amended as follows: Environmental Policy Act of 1969 (42 under the criteria of section 3(f) of U.S.C. 4321 et seq.) does not apply. Executive Order 12866 of September 30, PART 64—[AMENDED] Regulatory Flexibility Act. The 1993, Regulatory Planning and Review, Administrator has determined that this 58 FR 51735. ■ 1. The authority citation for Part 64 rule is exempt from the requirements of Executive Order 13132, Federalism. continues to read as follows: the Regulatory Flexibility Act because This rule involves no policies that have Authority: 42 U.S.C. 4001 et seq.; the National Flood Insurance Act of federalism implications under Executive Reorganization Plan No. 3 of 1978, 3 CFR, 1968, as amended, Section 1315, 42 Order 13132. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, U.S.C. 4022, prohibits flood insurance Executive Order 12988, Civil Justice 3 CFR, 1979 Comp.; p. 376. coverage unless an appropriate public Reform. This rule meets the applicable § 64.6 [Amended] body adopts adequate floodplain standards of Executive Order 12988. management measures with effective Paperwork Reduction Act. This rule ■ 2. The tables published under the enforcement measures. The does not involve any collection of authority of § 64.6 are amended as communities listed no longer comply information for purposes of the follows:

Date certain Community Effective date authorization/cancellation of sale of Current effective federal assistance State and location No. flood insurance in community map date no longer available in SFHAs

Region VI Louisiana: Calvin, Village of, Winn Parish ...... 220266 September 29, 1976, Emerg; July 1, 1987, Reg; Au- August 19, 2020 ... August 19, 2020. gust 19, 2020, Susp. Jonesboro, Town of, Jackson Parish ...... 220252 March 4, 1980, Emerg; October 15, 1985, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. Winnfield, City of, Winn Parish ...... 220247 August 4, 1975, Emerg; July 1, 1987, Reg; August ...... do ...... Do. 19, 2020, Susp. Region X Washington: Bellevue, City of, King County ...... 530074 March 12, 1974, Emerg; December 1, 1978, Reg; ...... do ...... Do. August 19, 2020, Susp. Black Diamond, City of, King County ...... 530272 July 27, 1976, Emerg; October 30, 1979, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. Burien, City of, King County ...... 530321 March 9, 1994, Emerg; September 30, 1994, Reg; ...... do ...... Do. August 19, 2020, Susp. Carnation, City of, King County ...... 530076 July 25, 1975, Emerg; March 4, 1980, Reg; August ...... do ...... Do. 19, 2020, Susp. Covington, City of, King County ...... 530339 N/A, Emerg; April 19, 2001, Reg; August 19, 2020, ...... do ...... Do. Susp. Duvall, City of, King County ...... 530282 December 6, 1977, Emerg; June 4, 1980, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. Enumclaw, City of, King County ...... 530319 N/A, Emerg; February 15, 1991, Reg; August 19, ...... do ...... Do. 2020, Susp. Federal Way, City of, King County ...... 530322 N/A, Emerg; June 21, 1996, Reg; August 19, 2020, ...... do ...... Do. Susp. Issaquah, City of, King County ...... 530079 May 20, 1974, Emerg; May 1, 1980, Reg; August 19, ...... do ...... Do. 2020, Susp. Kent, City of, King County ...... 530080 November 2, 1974, Emerg; April 1, 1981, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. King County, Unincorporated Areas ...... 530071 October 13, 1972, Emerg; September 29, 1978, Reg; ...... do ...... Do. August 19, 2020, Susp. Kirkland, City of, King County ...... 530081 April 19, 1974, Emerg; June 15, 1981, Reg; August ...... do ...... Do. 19, 2020, Susp. Lake Forest Park, City of, King County ...... 530082 April 7, 1975, Emerg; February 15, 1980, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. Normandy Park, City of, King County ...... 530084 January 21, 1974, Emerg; November 2, 1977, Reg; ...... do ...... Do. August 19, 2020, Susp. North Bend, City of, King County ...... 530085 November 6, 1974, Emerg; August 1, 1984, Reg; Au- August 19, 2020 ... August 19, 2020. gust 19, 2020, Susp. Pacific, City of, King County ...... 530086 July 8, 1975, Emerg; December 2, 1980, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. Redmond, City of, King County ...... 530087 October 15, 1974, Emerg; February 1, 1979, Reg; ...... do ...... Do. August 19, 2020, Susp. Renton, City of, King County ...... 530088 May 13, 1975, Emerg; May 5, 1981, Reg; August 19, ...... do ...... Do. 2020, Susp. Seatac, City of, King County ...... 530320 July 16, 1993, Emerg; September 30, 1994, Reg; ...... do ...... Do. August 19, 2020, Susp. Seattle, City of, King County ...... 530089 February 16, 1973, Emerg; July 19, 1977, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. Shoreline, City of, King County ...... 530327 N/A, Emerg; March 4, 1997, Reg; August 19, 2020, ...... do ...... Do. Susp.

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Date certain Community Effective date authorization/cancellation of sale of Current effective federal assistance State and location No. flood insurance in community map date no longer available in SFHAs

Skykomish, Town of, King County ...... 530236 December 20, 1976, Emerg; July 2, 1981, Reg; Au- ...... do ...... Do. gust 19, 2020, Susp. Snoqualmie, City of, King County ...... 530090 July 7, 1974, Emerg; July 5, 1984, Reg; August 19, ...... do ...... Do. 2020, Susp. Tukwila, City of, King County ...... 530091 April 2, 1975, Emerg; August 3, 1981, Reg; August ...... do ...... Do. 19, 2020, Susp. * -do- = ...... do Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Katherine B. Fox, The Commission publishes this the FCC Rules-Experimental Radio Assistant Administrator for Mitigation, document as an announcement of the Service. Federal Insurance and Mitigation effective date of the rules. If you have Form Number: FCC Form 442. Administration—FEMA Resilience, any comments on the burden estimates Respondents: Business or other for- Department of Homeland Security, Federal listed below, or how the Commission profit; Not-for-profit institutions, Emergency Management Agency. can improve the collections and reduce Individuals or households, State, Local [FR Doc. 2020–17608 Filed 8–21–20; 8:45 am] any burdens caused thereby, please or Tribal Government. BILLING CODE 9110–12–P contact Nicole Ongele, Federal Number of Respondents and Communications Commission, Room 1– Responses: 405 respondents; 655 A620, 445 12th Street SW, Washington, responses. FEDERAL COMMUNICATIONS DC 20554. Please include the OMB Estimated Time per Response: 15–663 COMMISSION Control Numbers, 3060–0065 and 3060– hours. 0057, in your correspondence. The Frequency of Response: On occasion 47 CFR Parts 5 and 15 Commission will also accept your reporting requirements; Recordkeeping [ET Docket No. 18–21; FCC 19–19; FRS comments via email at [email protected]. To requirements and Third party disclosure 16997] request materials in accessible formats requirement. for people with disabilities (Braille, Obligation to Respond: Required to Spectrum Horizons large print, electronic files, audio obtain or retain benefits. Statutory authority for this collection of AGENCY: Federal Communications format), send an email to [email protected] information is contained in 47 U.S.C. 4, Commission. or call the Consumer and Governmental Affairs Bureau at (202) 418–0530 302, 303, 307 and 336 of the ACTION: Final rule; announcement of (voice), (202) 418–0432 (TTY). Communications Act of 1934, as effective date. amended. Synopsis SUMMARY: In this document, the Total Annual Burden: 3,474 hours. Commission announces that the Office As required by the Paperwork Total Annual Cost: $52,150. of Management and Budget (OMB) has Reduction Act of 1995 (44 U.S.C. 3507), Nature and Extent of Confidentiality: approved, for a period of three years, the the FCC is notifying the public that it Applicants may request that any information collection requirements received final OMB approval on July 24, information supplied be withheld from associated with the Commission’s 2020, for the information collection public inspection, e.g., granted Spectrum Horizons, Order (Order)’s requirements contained in the confidentiality, pursuant to 47 CFR Experimental Radio Service rules. This modifications to the Commission’s rules Section 0.459 of the Commission’s rules. document is consistent with the Order, in 47 CFR parts 5 and 15. Under 5 CFR Privacy Act: Yes. This information which stated that the Commission part 1320, an agency may not conduct collection affects individuals or would publish a document in the or sponsor a collection of information households. The Commission has a Federal Register announcing the unless it displays a current, valid OMB System of Records, FCC/OET–1 effective date of those rules. Control Number. ‘‘Experimental Radio Station License No person shall be subject to any Files’’ which covers the personally DATES: The amendments to §§ 5.59, identifiable information (PII) that 5.77, 5.121, 5.702, 5.703, 5.704, 5.705, penalty for failing to comply with a individual applicants may include in and 15.258 published at 84 FR 25685, collection of information subject to the their submissions for experimental radio June 4, 2019, are effective August 24, Paperwork Reduction Act that does not authorizations. The system of records 2020. display a current, valid OMB Control Number. The OMB Control Numbers are notice (SORN) was published in the FOR FURTHER INFORMATION CONTACT: 3060–0065 and 3060–0057. The Federal Register on June 11, 2019, see Martin Doczkat, Office of Engineering foregoing notice is required by the 84 FR 27115. The SORN may be viewed and Technology Bureau, at (202) 418– Paperwork Reduction Act of 1995, at https://www.fcc.gov/general/privacy- 2435, or email: [email protected]. Public Law 104–13, October 1, 1995, act-information. SUPPLEMENTARY INFORMATION: This and 44 U.S.C. 3507. Needs and Uses: On March 15, 2019, document announces that, on July 24, The total annual reporting burdens the Commission adopted a First Report 2020 OMB approved, for a period of and costs for the respondents are as and Order, in ET Docket No. 18–21; FCC three years, the information collection follows: 19–19, which updates a section of Part requirements relating to the OMB Control Number: 3060–0065. 5 of the CFR—Experimental Radio Experimental Radio Service rules OMB Approval Date: July 24, 2020. Service (ERS). The Commission’s recent contained in the Commission’s Order, OMB Expiration Date: July 31, 2023. R&O adopts a new subpart to the FCC 19–19, published at 84 FR 25685, Title: Applications for New existing part 5 rules for a new and June 4, 2019. The OMB Control Authorization or Modification of unique license type—the Spectrum Numbers are 3060–0065 and 3060–0057. Existing Authorization Under Part 5 of Horizons Experimental Radio license (or

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‘‘Spectrum Horizons License’’). Federal Communications Commission. under the authority of the Magnuson- Specifically, the Spectrum Horizons Marlene Dortch, Stevens Fishery Conservation and License will be available for Secretary, Office of Secretary. Management Act (Magnuson-Stevens experiments and demonstrations of [FR Doc. 2020–17727 Filed 8–21–20; 8:45 am] Act) through regulations at 50 CFR part equipment designed to operate BILLING CODE 6712–01–P 622. All red snapper weights discussed exclusively on any frequency above 95 in this temporary rule are in round GHz. weight. OMB Control Number: 3060–0057. In 2015, Amendment 40 to the FMP DEPARTMENT OF COMMERCE established two components within the OMB Approval Date: July 24, 2020. recreational sector fishing for red OMB Expiration Date: July 31, 2023. National Oceanic and Atmospheric Administration snapper: The private angling Title: Application for Equipment component, and the Federal charter Authorization. 50 CFR Part 622 vessel and headboat (for-hire) Form Number: FCC Form 731. component (80 FR 22422, April 22, Respondents: Business or other for- [Docket No. 200124–0029] 2015). In 2020, NMFS implemented Amendments 50 A–F to the FMP, which profit. RTID 0648–XA413 Number of Respondents and delegated authority to the Gulf states Responses: 11,305 respondents; 24,873 Fisheries of the Caribbean, Gulf of (Louisiana, Mississippi, Alabama, responses. Mexico, and South Atlantic; Reef Fish Florida, and Texas) to establish specific management measures for the harvest of Estimated Time per Response: 8.11 Fishery of the Gulf of Mexico; 2020 red snapper in Federal waters of the hours (rounded). Red Snapper Private Angling Gulf by the private angling component Frequency of Response: On occasion Component Accountability Measure in Federal Waters Off Texas of the recreational sector (85 FR 6819, reporting requirement and third-party February 6, 2020). These amendments disclosure requirement. AGENCY: National Marine Fisheries allocate a portion of the private angling Obligation to Respond: Required to Service (NMFS), National Oceanic and ACL to each state, and each state is obtain or retain benefits. Statutory Atmospheric Administration (NOAA), required to constrain landings to its authority for this collection of Commerce. allocation as part of state management. information is contained in 47 U.S.C. ACTION: Temporary rule, accountability As described at 50 CFR 622.39(a)(2)(i), 154(i), 301, 302, 303(e), 303(f) and measure. the Gulf red snapper recreational sector 303(r). quota (ACL) is 7.399 million lb (3.356 Total Annual Burden: 201,603 hours. SUMMARY: Through this temporary rule, million kg) and the recreational private Total Annual Cost: $50,155,140. NMFS implements accountability angling component quota (ACL) is 4.269 million lb (1.936 million kg). Also, as Nature and Extent of Confidentiality: measures (AMs) for the red snapper described at 50 CFR 622.23(a)(1)(ii)(E), Minimal exemption from the Freedom recreational sector private angling the Texas regional management area of Information Act (FOIA) under 5 component in the Gulf of Mexico (Gulf) private angling component ACL is U.S.C. 552(b)(4) and FCC rules under 47 off Texas for the 2020 fishing year. 265,105 lb (120,250 kg). Regulations at CFR 0.457(d) is granted for trade secrets Based on information provided by the 50 CFR 622.23(b) require that if a state’s which may be submitted as attachments State of Texas Parks and Wildlife red snapper private angling component to the application FCC Form 731. No Department (TPWD), NMFS has determined that the 2019 Texas regional landings exceed the applicable state’s other assurances of confidentiality are component ACL, then in the following provided to respondents. management area private angling component annual catch limit (ACL) for fishing year, that state’s private angling Privacy Act: Yes. The personally Gulf red snapper was exceeded. ACL will be reduced by the amount of identifiable information (PII) in this Therefore, NMFS reduces the 2020 that ACL overage in the prior fishing information collection is covered by a private angling component ACL of Gulf year. Privacy Impact Assessment (PIA), red snapper for the Texas regional For the 2019 fishing year, the Texas Equipment Authorizations Records and management area. This reduction will recreational red snapper private Files Information System. It is posted at: remain in effect through the remainder component (private vessel and state https://www.fcc.gov/general/privacy- of the current fishing year on December charter vessels) was managed under an act-information#pia. 31, 2020, and is necessary to protect the exempted fishing permit with a state Needs and Uses: On March 15, 2019, Gulf red snapper resource. ACL of 265,090 lb (120,243 kg). the Commission adopted a First Report Amendment 50F provided that any DATES: This temporary rule is effective and Order, in ET Docket No. 18–2; FCC overage of the 2019 Texas ACL would from 12:01 a.m., local time, on August 19–19, which involves updates to 47 be applied to Texas’s portion of the 24, 2020, until 12:01 a.m., local time, on CFR part 15,—‘‘Radio Frequency 2020 private angling ACL. NMFS has January 1, 2021. Devices,’’ to provide permit certain determined that landings of red snapper operations above 95 GHz.1 Among other FOR FURTHER INFORMATION CONTACT: off Texas for the private angling things, the Spectrum Horizons Order Kelli O’Donnell, NMFS Southeast component, which includes landings for made specific frequencies above 95 GHz Regional Office, telephone: 727–824– charter vessels, in 2019 were 375,616 lb available for the operation of 5305, email: [email protected]. (170,377 kg); which is 110,526 lb radiofrequency devices without a SUPPLEMENTARY INFORMATION: The Gulf (50,134 kg) greater than 2019 Texas license. Such devices are subject to the reef fish fishery, which includes red allocation of the private angling certification process of the snapper, is managed under the Fishery component ACL. Accordingly, for the Commission’s equipment authorization Management Plan for the Reef Fish 2020 fishing year, this temporary rule program. Resources of the Gulf of Mexico (FMP). reduces the Texas regional management The FMP was prepared by the Gulf of area private angling component ACL for 1 Spectrum Horizons, First Report and Order, 34 Mexico Fishery Management Council Gulf red snapper by the ACL overage FCC Rcd 1605(2) (2019) (Spectrum Horizons Order). (Council) and is implemented by NMFS amount of 110,526 lb (50,134 kg) and

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resulting in a revised private angling authority set forth in 5 U.S.C. 553(b)(B), regulations require annual specification ACL for Texas of 154,579 lb (70,116 kg). because such procedures are of a commercial quota that is Consistent with the reduction in the unnecessary and contrary to the public apportioned among the coastal states Texas regional management area private interest. Such procedures are from Maine through North Carolina. The angling component ACL, NMFS also unnecessary because the rule process to set the annual commercial reduces the 2020 total recreational implementing the post-season ACL quota and the percent allocated to each sector ACL to 7,288,474 lb (3,305,996 adjustment authority has already been state is described in § 648.102 and final kg) and the total private angling subject to notice and comment, and all 2020 allocations were published on component ACL to 4,158,474 lb that remains is to notify the public of October 9, 2019 (84 FR 54041). (1,886,252 kg). The recreational private the ACL overage adjustment. Such angling component ACLs for other Gulf procedures are contrary to the public The final rule implementing state management areas for 2020 are interest because a failure to implement Amendment 5 to the Summer Flounder unaffected by this notice. The reduction the ACL overage adjustment Fishery Management Plan, as published in the 2020 red snapper private angling immediately may result an overage of in the Federal Register on December 17, component ACL for the Texas regional the Texas ACL in 2020 and less access 1993 (58 FR 65936), provided a management area is effective at 12:01 to red snapper off the coast of Texas in mechanism for transferring summer a.m., local time, on August 24, 2020, 2021. flounder commercial quota from one and will remain in effect through the For the aforementioned reasons, the state to another. Two or more states, end of the fishing year on December 31, AA also finds good cause to waive the under mutual agreement and with the 2020. 30-day delay in the effectiveness of the concurrence of the NMFS Greater The TPWD is responsible for ensuring action under 5 U.S.C. 553(d)(3). Atlantic Regional Administrator, can that 2020 private angling component Authority: 16 U.S.C. 1801 et seq. transfer or combine summer flounder landings in the Texas regional commercial quota under § 648.102(c)(2). management area do not exceed the Dated: August 19, 2020. The Regional Administrator is required adjusted 2020 Texas ACL. As described Jennifer M. Wallace, to consider three criteria in the at 50 CFR 622.23(c), a Gulf state with an Acting Director, Office of Sustainable active delegation of state management of Fisheries, National Marine Fisheries Service. evaluation of requests for quota transfers the red snapper private angling [FR Doc. 2020–18526 Filed 8–19–20; 4:15 pm] or combinations: The transfer or combinations would preclude the component may request that NMFS BILLING CODE 3510–22–P close all, or an area of, Federal waters overall annual quota from being fully off that state to the harvest and harvested, the transfer addresses an possession of red snapper by private DEPARTMENT OF COMMERCE unforeseen variation or contingency in anglers. At the request of Texas, for the the fishery, and the transfer is consistent 2020 fishing season, NMFS previously National Oceanic and Atmospheric with the objectives of the Fisheries announced a closure date of August 3, Administration Management Plan and the Magnuson- 2020, for the red snapper private angling Stevens Act. 50 CFR Part 648 component in Gulf Federal waters off North Carolina is transferring 9,263 lb Texas (85 FR 19396, April 7, 2020). [RTID 0648–XA380] (4,202 kg) to Virginia. This transfer is Therefore, the TPWD must manage the occurring through mutual agreement of remainder of the 2020 state waters Fisheries of the Northeastern United the states. This transfer was requested to season to ensure the Texas regional States; Summer Flounder Fishery; repay landings made by a North management area private angling Quota Transfer From NC to VA component ACL is not exceeded. Carolina permitted vessel under a safe AGENCY: National Marine Fisheries harbor agreement. The revised summer Classification Service (NMFS), National Oceanic and flounder quotas for fishing year 2020 are NMFS issues this action pursuant to Atmospheric Administration (NOAA), now: North Carolina, 3,125,501 lb section 305(d) of the Magnuson-Stevens Commerce. (1,417,703 kg) and Virginia, 2,483,444 lb Act. This action is required under 50 ACTION: Notification; quota transfer. (1,126,471 kg). CFR 622.23(b) which was issued SUMMARY: NMFS announces that the Authority: 16 U.S.C. 1801 et seq. pursuant to section 304(b) of the State of North Carolina is transferring a Magnuson-Stevens Act, and is exempt Dated: August 19, 2020. portion of its 2020 commercial summer from review under Executive Order Jennifer M. Wallace, flounder quota to the Commonwealth of 12866. Virginia. This quota adjustment is Acting Director, Office of Sustainable These measures are exempt from the Fisheries, National Marine Fisheries Service. procedures of the Regulatory Flexibility necessary to comply with the Summer Flounder, Scup, and Black Sea Bass [FR Doc. 2020–18524 Filed 8–21–20; 8:45 am] Act because the temporary rule is issued BILLING CODE 3510–22–P without opportunity for prior notice and Fishery Management Plan quota transfer comment. provisions. This announcement informs This action is based on the best the public of the revised commercial scientific information available. The quotas for North Carolina and Virginia. Assistant Administrator for NOAA DATES: Effective August 21, 2020, Fisheries (AA) finds that the need to through December 31, 2020. implement this action to reduce the FOR FURTHER INFORMATION CONTACT: private angling component ACL for the Laura Hansen, Fishery Management Texas regional management area Specialist, (978) 281–9225. constitutes good cause to waive the SUPPLEMENTARY INFORMATION: requirements to provide prior notice Regulations governing the summer and opportunity for public comment on flounder fishery are found in 50 CFR this temporary rule pursuant to the 648.100 through 648.110. These

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DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: overall annual quota from being fully Regulations governing the Atlantic harvested; the transfer addresses an National Oceanic and Atmospheric bluefish fishery are found in 50 CFR unforeseen variation or contingency in Administration 648.160 through 648.167. These the fishery; and the transfer is consistent regulations require annual specification with the objectives of the FMP and the 50 CFR Part 648 of a commercial quota that is Magnuson-Stevens Act. [Docket No. 200623–0167; RTID 0648– apportioned among the coastal states Virginia is transferring 50,000 lb XA381] from Maine through Florida. The (22,680 kg) of bluefish commercial process to set the annual commercial quota to Rhode Island through mutual Fisheries of the Northeastern United quota and the percent allocated to each agreement of the states. This transfer States; Atlantic Bluefish Fishery; state is described in § 648.162 and the was requested to ensure that Rhode Quota Transfer From VA to RI final 2020 allocations were published Island would not exceed its 2020 state on June 29, 2020 (85 FR 38794). AGENCY: National Marine Fisheries quota. The revised bluefish quotas for Service (NMFS), National Oceanic and The final rule implementing 2020 are: Virginia, 278,682 lb (126,408 Atmospheric Administration (NOAA), Amendment 1 to the Bluefish Fishery kg) and Rhode Island, 238,366 lb Commerce. Management Plan (FMP) published in (108,121 kg). ACTION: Notification; quota transfer. the Federal Register on July 26, 2000 (65 FR 45844), and provided a Classification SUMMARY: NMFS announces that the mechanism for transferring bluefish Commonwealth of Virginia is quota from one state to another. Two or NMFS issues this action pursuant to transferring a portion of its 2020 more states, under mutual agreement section 305(d) of the Magnuson-Stevens commercial bluefish quota to the State and with the concurrence of the NMFS Act. This action is required by 50 CFR of Rhode Island. This quota adjustment Greater Atlantic Regional Administrator, 648.162(e)(1)(i) through (iii), which was is necessary to comply with the Atlantic can request approval to transfer or issued pursuant to section 304(b), and is Bluefish Fishery Management Plan combine bluefish commercial quota exempted from review under Executive quota transfer provisions. This under § 648.162(e)(1)(i) through (iii). Order 12866. announcement informs the public of the The Regional Administrator must first Authority: 16 U.S.C. 1801 et seq. revised commercial bluefish quotas for approve any such transfer based on the Dated: August 19, 2020. Virginia and Rhode Island. criteria in § 648.162(e). The Regional DATES: Effective August 21, 2020, Administrator is required to consider Jennifer M. Wallace, through December 31, 2020. three criteria in the evaluation of Acting Director, Office of Sustainable FOR FURTHER INFORMATION CONTACT: requests for quota transfers or Fisheries, National Marine Fisheries Service. Laura Hansen, Fishery Management combinations: The transfer or [FR Doc. 2020–18545 Filed 8–21–20; 8:45 am] Specialist, (978) 281–9225. combinations would not preclude the BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 85, No. 164

Monday, August 24, 2020

This section of the FEDERAL REGISTER confirming receipt, then contact us at 4:00 p.m. (EST), Monday through contains notices to the public of the proposed 301–415–1677. Friday, except Federal holidays. issuance of rules and regulations. The • Mail comments to: Secretary, U.S. B. Submitting Comments purpose of these notices is to give interested Nuclear Regulatory Commission, persons an opportunity to participate in the Washington, DC 20555–0001, ATTN: Please include Docket ID NRC–2020– rule making prior to the adoption of the final 0150 in your comment submission. rules. Rulemakings and Adjudications Staff. For additional direction on obtaining The NRC cautions you not to include information and submitting comments, identifying or contact information that you do not want to be publicly NUCLEAR REGULATORY see ‘‘Obtaining Information and disclosed in your comment submission. COMMISSION Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of The NRC will post all comment 10 CFR Part 50 this document. submissions at https:// www.regulations.gov as well as enter the FOR FURTHER INFORMATION CONTACT: [Docket No. PRM–50–122; NRC–2020–0150] Juan comment submissions into ADAMS. Lopez, Office of Nuclear Material Safety The NRC does not routinely edit Accident Source Term Methodologies and Safeguards, telephone: 301–415– comment submissions to remove and Corresponding Release Fractions 2338, email: [email protected], or identifying or contact information. Yanely Malave-Velez, Office of Nuclear If you are requesting or aggregating AGENCY: Nuclear Regulatory Material Safety and Safeguards, Commission. comments from other persons for telephone: 301–415–1519, email: submission to the NRC, then you should ACTION: Petition for rulemaking; [email protected]. Both are inform those persons not to include notification of docketing and request for staff of the U.S. Nuclear Regulatory identifying or contact information that comment. Commission, Washington, DC 20555– they do not want to be publicly 0001. SUMMARY: The U.S. Nuclear Regulatory disclosed in their comment submission. Commission (NRC) has received a SUPPLEMENTARY INFORMATION: Your request should state that the NRC petition for rulemaking from Brian does not routinely edit comment I. Obtaining Information and submissions to remove such information Magnuson dated May 31, 2020, Submitting Comments requesting that the NRC revise its before making the comment regulations to codify the source term A. Obtaining Information submissions available to the public or entering the comment into ADAMS. methodologies and corresponding Please refer to Docket ID NRC–2020– release fractions recommended in a 0150 when contacting the NRC about II. The Petitioner and Petition report issued by Sandia National the availability of information for this The petition for rulemaking (PRM) Laboratories. The petition was docketed action. You may obtain publicly- was filed by Brian Magnuson. The by the NRC on June 18, 2020, and has available information related to this petition requests the NRC revise its been assigned Docket No. PRM–50–122. action by any of the following methods: regulations in § 50.67 of title 10 of the The NRC is examining the issues raised • Federal Rulemaking website: Go to Code of Federal Regulations (10 CFR), in PRM–50–122 to determine whether https://www.regulations.gov and search ‘‘Accident source term,’’ to codify the they should be considered in for Docket ID NRC–2020–0150. source term methodologies and rulemaking. The NRC is requesting • NRC’s Agencywide Documents corresponding release fractions public comment on this petition at this Access and Management System recommended in Sandia National time. (ADAMS): You may obtain publicly- Laboratories Report SAND2008–6601, DATES: Submit comments by November available documents online in the ‘‘Analysis of Main Steam Isolation Valve 9, 2020. Comments received after this ADAMS Public Documents collection at Leakage in Design Basis Accidents date will be considered if it is practical https://www.nrc.gov/reading-rm/ Using MELCOR 1.8.6 and RADTRAD,’’ to do so, but the NRC is able to assure pdr.html. To begin the search, select dated October 2008 (ADAMS Accession consideration only for comments ‘‘Begin Web-based ADAMS Search.’’ For No. ML083180196). The petitioner received on or before this date. problems with ADAMS, please contact states that the revision would eliminate ADDRESSES: You may submit comments the NRC’s Public Document Room (PDR) inconsistences obtained from the use of by any of the following methods: reference staff at 1–800–397–4209, 301– different source term methodologies and • Federal Rulemaking website: Go to 415–4737, or by email to release fractions and would provide the https://www.regulations.gov and search [email protected]. requisite means to ensure compliance for Docket ID NRC–2020–0150. Address • The ADAMS accession number for with the underlying regulations. The questions about NRC dockets to Carol each document referenced (if it is petition may be found in ADAMS under Gallagher; telephone: 301–415–3463; available in ADAMS) is provided the Accession No. ML20170B161. email: [email protected]. For first time that it is mentioned in this technical questions contact the document. III. Discussion of the Petition individual listed in the FOR FURTHER • Attention: The PDR where you may The petition states that much of the INFORMATION CONTACT section of this examine and order copies of public past and present source term document. documents, is currently closed. You methodologies, including release • Email comments to: may submit your request to the PDR via fractions, used by nuclear power plants [email protected]. If you email at [email protected] or call to perform accident dose calculations do not receive an automatic email reply 1–800–397–4209 between 8:00 a.m. and are inaccurate and nonconservative. The

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petition requests that the NRC revise DEPARTMENT OF COMMERCE available for comment on § 50.67 to codify the source term regulations.gov. methodologies and recommendations of Office of the Under-Secretary for You may also submit comments via Sandia National Laboratories report Economic Affairs email at [email protected]. All SAND2008–6601 and update and submissions, including attachments and finalize related NRC guidance, Draft 15 CFR Chapter XV other supporting materials, will become part of the public record and subject to Regulatory Guide DG–1199 (Proposed [Docket No.: 200803–0204] Revision 1 of Regulatory Guide 1.183), public disclosure. The Department ‘‘Alternative Radiological Source Terms RIN 0605–AA53 reserves the right to publish relevant for Evaluating Design Basis Accidents at comments, unedited and in their Nuclear Power Reactors,’’ dated October Concrete Masonry Products Research, entirety. Do not include personal 2009 (ADAMS Accession No. Education and Promotion Order information, such as account numbers ML090960464). or Social Security numbers, or names of AGENCY: Under Secretary for Economic other individuals. Do not submit The petition describes the current Affairs, United States Department of confidential business information, or NRC guidance as ‘‘conceptually Commerce. otherwise proprietary, sensitive or inaccurate’’ and ‘‘nonconservative’’ for ACTION: Notice of proposed rulemaking. protected information. We will not post calculations of radiological release or consider comments that contain doses, quoting from Sandia Report SUMMARY: The Department of Commerce profanity, vulgarity, threats, or other SAND2008–6601: (Department) solicits comments on a inappropriate language or like content. proposed Concrete Masonry Products . . .these findings conclude that the Pursuant to the Paperwork Reduction Research, Education, and Promotion current regulatory guidelines permitting the Act (PRA), send to the above address Order. The purpose of the proposed use of the fission product concentration in comments regarding the accuracy of the order is to strengthen the position of the the drywell atmosphere during the first two burden estimate, ways to minimize the concrete masonry products industry in hours prior to assumed vessel reflood is non- burden, including the use of automated the domestic marketplace; maintain, conservative for the purposes of evaluating collection techniques or other forms of develop, and expand markets and uses the dose resulting from MSIV leakage, in information technology, or any other addition to being conceptually inaccurate. of concrete masonry products in the aspect of this collection of information. domestic marketplace; and promote the In addition, send comments concerning The petition also states that, despite use of concrete masonry products in the information collection to OIRA_ the NRC acknowledging the safety construction and building. The [email protected] or online at significance of accident source terms, proposed order allows a Concrete https://www.reginfo.gov/public/do/ the NRC has not yet approved Draft Masonry Products Board (Board) made PRAMain. Regulatory Guide DG–1199. As a result, up of industry members appointed by the petitioner believes accident doses the Secretary of Commerce (Secretary) FOR FURTHER INFORMATION CONTACT: Mr. have been undercalculated for over 25 to develop and implement programs of Michael Thompson, Communications years. The petition indicates this would research, education, and promotion. The for the Commerce Checkoff account for the uncertainties that high funding of the Board’s activities and Implementation Program, Office of the burnup fuel pellets could be reduced to programs will be through assessments Under Secretary for Economic Affairs, a powder form and dispersed outside of paid by manufacturers of concrete telephone: (202) 482–0671 or via electronic mail: [email protected]. the fuel rod during clad failure masonry units. The initial assessment accidents (with or without fuel melt), will be $.01 per concrete masonry unit SUPPLEMENTARY INFORMATION: sold. The Secretary will hold a used by the Radiological Assessment referendum among eligible I. Overview System for Consequence Analysis manufacturers to determine whether (RASCAL) calculation described in Pursuant to the Concrete Masonry they favor the implementation of the Products Research, Education, and NUREG–1940, ‘‘RASCAL 4: Description proposed order. The order only will go of Models and Methods,’’ available Promotion Act of 2018 (Act), 15 U.S.C. into effect if the referendum results in 8701 et seq., the Department is enacting online at https://www.nrc.gov/reading- the affirmative vote of a majority of rm/doc-collections/nuregs/staff/sr1940/. a research, education, and promotion those voting and also a majority of the program (commonly referred to as a IV. Conclusion block machine cavities in operation by checkoff program) for concrete masonry those voting. This proposal also products. The Act specifically The NRC determined that the petition announces the intent of the Department authorizes the Secretary to ‘‘issue such meets the requirements for docketing a to request approval by the Office of regulations as may be necessary to carry petition for rulemaking under § 2.803, Management and Budget (OMB) of a out [the Act] and the power vested in ‘‘Petition for rulemaking—NRC action.’’ new information collection request the Secretary under [the Act].’’ 15 U.S.C. The NRC will examine the merits of the (ICR) to support implementation of the 8713. issues raised in PRM–50–122 and any program. The Department’s actions to bring the comments received on this document to DATES: The Department must receive program to fruition will include: (1) determine whether these issues should comments by October 8, 2020. Implementing an order that will be considered in rulemaking. ADDRESSES: Submit all electronic public effectuate the purpose of the Act; (2) Dated: August 7, 2020. comments via the Federal e-Rulemaking conducting a referendum among the For the Nuclear Regulatory Commission. Portal. Go to https:// industry to determine whether the www.regulations.gov/docket?D=DOC- industry approves of being subject to the Annette L. Vietti-Cook, 2020-0002, click the ‘‘Comment Now!’’ implementing order; and, upon an Secretary of the Commission. icon, complete the required fields, and affirmative vote on the order; (3) issuing [FR Doc. 2020–17645 Filed 8–21–20; 8:45 am] enter or attach your comments. The the order and establishing a Board that BILLING CODE 7590–01–P supporting economic analysis is also will carry out the provisions of the

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order; and (4) performing continuing unit sold. Such manufacturers will or submitted to the Secretary, is oversight of the Board and program. submit their assessments to the Board consistent with and will effectuate the This notice is the first step in enacting quarterly. The Act allows for a change purpose of the Act, the Secretary shall the concrete checkoff program by in rate if a two-thirds majority of voting publish such proposed order in the proposing an order that would members of the Board so vote. An Federal Register not later than 90 days implement the Act. The stated purpose increase or decrease can occur only after receiving the order, and give not of the proposed order is to strengthen once per year and the change in rate less than 30 days notice and the position of the concrete masonry may not exceed $.01 per concrete opportunity for public comment on the products industry in the domestic masonry unit sold. Finally, the proposed order. An industry group, the marketplace; maintain, develop, and assessment rate shall not be in excess of CMU Checkoff Initiative, submitted the expand markets and uses for concrete $.05 per concrete masonry unit. proposed order to the Secretary on April masonry products in the domestic The Act provides that not less than 50 15, 2020. The Secretary has determined marketplace; and promote the use of percent of assessments (less that the proposed order is consistent concrete masonry products in administration expenses) paid by a with and will effectuate the purpose of construction and building. The order manufacturer shall be used to support the Act. The determination that the would empower the Board to develop research, education, and promotion proposed order is consistent with and and carry out research, education, and programs and projects in support of the will effectuate the purpose of the Act promotion programs and projects Geographic Region of the contributing was made on July 20, 2020. relating to concrete masonry products manufacturer. The Act defines five Pursuant to the Act, the Secretary and paying the costs of such programs Geographic Regions that generally must establish a process for the Board and projects with assessments on reflect the northeast, southeast, middle, to carry out a program of generic domestic producers of concrete masonry southwest, and northwest (plus Hawaii promotion, research, and education units. and Alaska) of the United States. The regarding concrete masonry products by Following a period of public Board will work with regional concrete implementing an effectuating order. 15 comment, the Department will address industry groups to allocate funding and U.S.C. 8704(b). In addition, 15 U.S.C. or incorporate those comments received coordinate programs that have national 8706 provides for referenda among and initiate a referendum on the final and regional impact. eligible manufacturers subject to order. If the manufacturers of concrete Programs for research, promotion and assessments under section 8705 of the masonry units, via a referendum, education will further the following Act to determine whether the order has approve the implementing order, the goals: been approved and will go into effect. Secretary will appoint a Board to carry • Strengthen the position of the As noted above, the proposed out the duties as the order prescribes, concrete masonry industry and products procedures for the referendum will be including the receiving of the domestically. published in a separate Federal Register assessment. Under the proposed order, • Maintain, develop, and expand notice. the Secretary would establish a Board markets and uses for concrete masonry III. Industry Background that ensures fair and equitable domestically. representation of the concrete masonry • Promote the use of concrete While the concrete masonry product products industry, specifically the masonry in construction and building. industry is of moderate size, its geographical distribution of the The Act mandates that the manufacturers populate every state in manufacture of concrete masonry Department conduct a referendum the nation as well as the District of products in the United States, the types among eligible manufacturers of Columbia. The nature of the industry of concrete masonry products concrete masonry products to determine and cost of transportation of the manufactured, and the range in size of whether the manufacturers favor products is such that the customer base manufacturers in the United States. An implementation of the concrete checkoff for concrete masonry products is very industrywide assessment of $.01 per program prior to it going into effect. For localized. Relatively small producers concrete masonry unit sold would the order to go into effect, there must be dominate the industry. Because they finance the research, education, and a majority ‘‘yes’’ vote by both: (1) The produce a commodity that is not easily promotion initiatives of the checkoff total number of concrete masonry unit differentiated by manufacturer, most of program. The Secretary would oversee manufacturers voting; and (2) the producers acting alone do not have the operations and actions of the Board. manufacturers who operate a majority of the resources to efficiently market the The Act requires the order to address, the machine cavities operated by the value of the product or conduct the among other items, establishment and manufacturers voting in the referendum. research and education to promote membership of the Board, balancing Proposed procedures for conducting the market growth. Coordinated activity guidance for appointments, a referendum will be published in a would enable producers to leverage nomination process, the selection of separate notice in the Federal Register. economies of scale in conducting alternates, Board terms, powers and With this notice, the Secretary invites research, education, and promotion of duties of the Board, programs and comments on the proposed order. the industry. projects to carry out the purpose of the Concrete masonry products range Act, budgets, expenses, contracts and II. Legal Authority and Framework for from the paver that is of original design agreements, books and records, and the Secretary’s Implementation of an and very ornate to the homogenous, reporting requirements. Effectuating Order non-descript 8-inch x 8-inch x 16-inch The Act provides the rate of The Act provides that the Secretary, concrete block. The Act and the assessment and that such assessments subject to applicable procedures, shall proposed order distinguish between shall be paid by a manufacturer that has issue orders, national in scope, concrete masonry products and concrete manufactured concrete masonry applicable to concrete masonry products masonry units; the initial rate of products during a period of at least 180 manufactured in the U.S. 15 U.S.C. assessment applies only to concrete days prior to the date they are to pay the 8713; see also 15 U.S.C. 8702(12,19). If masonry units. The Act defines concrete assessment. The initial rate of the Secretary determines that a masonry products to include a broader assessment is $.01 per concrete masonry proposed order received, requested by category of products, including concrete

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masonry units as well as hardscape precast concrete block and brick, of concrete masonry products. 15 U.S.C. products such as concrete pavers and prestressed concrete blocks or bricks, 8704(b)(2)(A). The Act also provides segmental retaining wall units, and slumped brick.1 The Department that not less than 50 percent of manufactured on a block machine using believes this NAICS classification most assessments (less administrative dry-cast concrete. Concrete masonry closely corresponds to manufacturers of expenses) paid by a manufacturer shall units are a type of concrete masonry the broader category of concrete be used to support research, education, product with an actual width of 3 masonry products. and promotion programs and projects in inches or greater that are manufactured According to estimates from the 2017 support of the geographic region of the from dry-cast concrete using a block Economic Census of the U.S. Census manufacturer. 15 U.S.C. 8705(f)(1). machine, including concrete block and Bureau, the block and brick Concrete Masonry Products Board related concrete units used in masonry manufacturing industry had nearly 700 applications. The following are establishments and more than 16,000 Sections 1500.40 through 1500.48 of examples of products that would fall employees in 2017. From 2007 to 2017, the proposed order would establish the within the definition of a concrete the number of establishments, number Board and how it would operate. masonry unit (defined in § 1500.6). The of employees, annual payroll, value Section 1500.40—Establishment and following non-exhaustive list of added, and value of shipments declined Membership products are included in the definition in the industry.2 There were 690 block Section 1500.40(a) proposes that the of a concrete masonry unit: and brick manufacturing establishments Board would consist of not fewer than in 2017, down from 914 in 2007. The (A) Concrete Block, including: 15 and not more than 25 members. The number of employees fell by 7,578 to (1) Gray Board shall consist of manufacturers. 15 (2) Architectural 16,247 in 2017, and annual payroll fell U.S.C. 8704(b)(1)(B)(i) & (iii). Board (3) Prefaced $152 million to $841 million. Value members will be appointed by the (4) Those joined by any method in added and total value of shipments also Secretary from nominations submitted masonry construction: fell during this time period, down $715 as set forth in § 1500.41 of the proposed (i) Bed joint mortar or adhesives million to $2.86 billion and down $1.36 order. See 15 U.S.C. 8704(b)(1)(B)(ii). (ii) Dry-stacked and joined by filling billion to $4.88 billion, respectively. This subsection also implements cores solid with grout or joined by IV. Provisions of the Proposed Order provisions of the Act that specify no other means employee of an industry trade Many provisions of the proposed (iii) Post tensioned organization exempt from tax under order reflect specific requirements as set (iv) Surfaced bonded paragraph (3) or (6) of section 501(c) of (5) Sound wall block out in the Act. In instances where the the Internal Revenue Code of 1986 (6) Fence block Secretary is exercising the discretion representing the concrete masonry (7) Lintel Block—while lintels granted under the Act, the basis for the industry or related industries shall serve designed to span an entire opening proposed language is explained below. as a member of the Board and no are excluded, those concrete Definitions member of the Board may serve masonry units joined to create a concurrently as an officer of the board Sections 1500.1 through 1500.21 of lintel are included of directors of a national concrete the proposed order are definitions. (8) Chimney, Pilaster, or Column masonry products industry trade Section 1500.1 defines the ‘‘Act’’ as the Block association. 15 U.S.C. 8704(b)(1)(B)(iii). (9) Screen Block—these architectural Concrete Masonry Products Research, Section 1500.40(b) proposes that, in units are included if their widths Education, and Promotion Act of 2018 order to ensure to ensure fair and are greater than 3 inches if they are (15 U.S.C. 8701 et seq.), and any equitable representation of the concrete made on a block machine amendments thereto. The other masonry products industry, the (10) Concrete Sill Block—these units definitions contained in the proposed composition of the Board shall reflect and related specialty units are order are essentially the same as the the geographical distribution of the included if their widths are greater definitions found in the Act itself, see manufacture of concrete masonry than 3 inches. If they are made on 15 U.S.C. 8702, except for the addition products in the United States, the types a block machine of a definition of ‘‘Geographic Regions’’ of concrete masonry products (11) Concrete Block formed with in § 1500.11. manufactured, and the range in size of concrete masonry face shells and Section 1500.11 defines ‘‘Geographic manufacturers in the United States. other materials to create a masonry Regions’’ as the groupings of states These requirements are taken directly unit used in masonry construction. delineated in § 1500.40(c) of the from the Act. 15 U.S.C. 8704(b)(2)(A). (A) Concrete Brick (Architectural only) proposed order, for the purpose of The Small Business Administration uses (B) Concrete Masonry Veneer Units supporting research, education, and the number of employees to characterize (greater than 3 inches in width) promotion plans and project. See 15 a company’s size. Absent additional The Act sets out the assessment rate U.S.C. 8705(f). Specifically, in addition suggestions, the Department will define of one cent per concrete masonry unit to size and range of products, the Act company size based on the number of sold. requires that the Board reflect the employees. Companies identified as To identify the affected industry, the geographic distribution, the five ‘‘large’’ will be those with over 500 Department used statistics for the North delineated regions, of the manufacture employees; companies identified as American Industry Classification ‘‘medium’’ will be those with between 1 Executive Office of the President, Office of System (NAICS) code 327331, concrete Management and Budget, North American Industry 100–499 employees; companies block and brick manufacturing. This Classification System: United States, 2017 identified as small will be those with industry includes the manufacturers of (Suitland, MD: Census Bureau, 2017); https:// less than 100 employeess. The concrete architectural block, concrete www.census.gov/eos/www/naics/2017NAICS/2017_ Department is seeking comments on the NAICS_Manual.pdf. and cinder blocks, concrete bricks, 2 The Economic Census, conducted every 5 years best measure of company size (other concrete patio block, concrete paving by the U.S. Census Bureau, is the official measure possiblilities, aside from number of block, precast terrazzo plinth blocks, of the nation’s businesses and economy. employees, could be production

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capacity, total receipts, number of units The Act provides that, if the Secretary terms of two, three, and four years. See producted) and the threshold values to fails to make an appointment to the 15 U.S.C. 8704(b)(6)(A). Terms would use. Further, this subsection proposes Board within 60 days of receiving end on December 31, with new terms that no company or its affiliates shall nominations for an appointment, subject beginning on January 1. Members have more than two members on the to exceptions, the first nominee would serving an initial term of two or three Board. See 15 U.S.C. 8704(b)(1)(B)(iii). be ‘‘deemed’’ appointed. 15 U.S.C. years will be eligible to serve a second Section 1500.40(c) of the proposed 8704(b)(4). However, the President consecutive three-year term. Board order would further implement the issued a signing statement members and alternates may also requirement that the composition of the accompanying the Act as follows: continue to serve until a successor is Board reflect the geographical . . . [T]he Act requires the Secretary of appointed by the Secretary. See 15 distribution of concrete masonry Commerce to appoint the members of the U.S.C. 8704(b)(6)(C). Concrete Masonry Products Board (Board), product manufacturers. It divides the Section 1500.43—Vacancies United States into five regions who would be inferior officers, from a list of consistent with 15 U.S.C 8705(f)(2) and, nominees submitted by concrete masonry This section proposes that, if a Board product manufacturers. It also provides that, member position becomes vacant, the although not required in the Act, the if the Secretary fails to appoint someone from order then subdivides these five regions Secretary would appoint an alternate for that list within a specified period, ‘‘the first the remainder of the term. The into 15 districts. Dividing the regions nominee for such appointment shall be into districts will allow the Board to deemed appointed.’’ The Secretary’s failure successor to fill the term of the alternate more easily manage the program. This to make a timely appointment from the list member would be appointed as section also proposes that the Secretary will result in the appointment of an inferior described in § 1500.41. See 15 U.S.C. will, to the extent possible and officer by a private party, which would 8704(b)(6)(D). violate the Appointments Clause. depending on the nominees submitted, Furthermore, the requirement to appoint Section 1500.44—Disqualification strive to appoint at least two members from a list of nominees, if the list is too Section 1500.44(a) proposes that, if a from each region and at least one from limited, may unduly limit the Secretary’s Board member or alternate ceases to each district. Finally, § 1500.40(d) constitutional discretion in appointing the qualify as a manufacturer, they would proposes that, in accordance with 15 members of the Board. In those be disqualified from serving on the U.S.C. 8704(b)(2)(B), the Board shall, if circumstances, my Administration will treat Board. See 15 U.S.C. 8704(b)(7). As set warranted, recommend reapportionment these requirements as advisory and non- 3 forth in the definitions, a of Board membership every three years, binding. ‘‘manufacturer’’ is ‘‘any person engaged in order to reflect changes in the Hence, the Department will not in the manufacturing of commercial geographic distribution of the include in the order those provisions of concrete masonry products in the U.S.’’ manufacture of concrete masonry the Act that are inconsistent with the Section 1500.44(b) proposes that, if a products and the types of concrete Presidential signing statement including Board member consistently refuses to masonry products manufactured. those related to ‘‘deemed’’ appointment of members and those that may unduly perform their duties, or engages in acts Section 1500.41—Nominations and limit the Secretary’s discretion in of dishonesty or willful misconduct, the Appointments making appointments. Board could recommend to the Secretary that the member be removed. The Act does not specifically describe Section 1501.41(b) proposes that, from the nominations, the Secretary will All members would serve at the how nominations and appointments to pleasure of the Secretary. the Board should be made, but simply appoint the 15–25 members of the Board states that the Secretary may make and six alternate members within a Section 1500.45—Procedure appointments from nominations by reasonable time. If one of the voting members vacates the appointment, the Section 1500.45(a) proposes that the manufacturers pursuant to the method Board would meet at least annually, and set forth in the order. 15 U.S.C. Secretary will appoint one of the alternate members to fill the unexpired that a meeting would only be conducted 8704(b)(3). Similarly, the Act states that when a quorum (a majority of the Board the order shall provide for the selection term. The Secretary will provide the Board an opportunity to offer a nominee members) is present. If the Board’s by- of alternate members by the Secretary. laws permit participation by telephone See 15 U.S.C. 8704(b)(3). At such time as successor to fill the term of the alternate member. If the Board fails to or other means, such participation as the order goes into effect, the would count towards a quorum or other Secretary will solicit nominations for submit a nominee for an open position, the Secretary will appoint a member voting requirements. Board membership. Section 1500.41(a) Section 1500.45(b) proposes that the who meets the criteria described in proposes that, for the initial Board, Board would select a Chair, Vice-Chair, § 1500.40. nominations shall be made and Secretary-Treasurer and other officers as submitted to the Secretary by Section 1500.42—Term of Office appropriate, at the start of each fiscal manufacturers. The Secretary would This section proposes that Board period. appoint both members and alternate members and alternates would serve Section 1500.45(c) proposes that the members of the Board. This requirement three-year terms, except for the initial Board would provide members and is the source of the Department’s request members. See 15 U.S.C. 8704(b)(6)(A). manufacturers a minimum of 14-days for approval by OMB of a new ICR. The Board members and alternates would be advance notice of all Board meetings. Department would restrict the Section 1500.45(d) proposes that each able to serve a maximum of two information request to that information Board member would be entitled to one consecutive three-year terms, but may needed to determine requisite expertise vote, and that a motion would carry if serve additional terms after rotating off of potential nominees and will include supported by one vote more than 50 the Board. See 15 U.S.C. 8704(b)(6)(B). biography, experience, status as a percent of the total votes represented by Initial members would serve staggered current manufacturer, size of company, the Board members participating. There type of products produced, statement of 3 Statement by the President, Oct. 5, 2018, is one exception, however, as the Act interest, and similar background available at https://www.whitehouse.gov/briefings- requires that a two-thirds majority of the information. statements/statement-by-the-president-5/. voting members of the Board is required

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to approve a change in the assessment Section 1500.47(b) proposes that the education, and promotion relating to rate. 15 U.S.C. 8705(c)(2)(A). Board shall have the power and duty to concrete masonry, including with Section 1500.45(e) proposes that the develop and recommend to the manufacturer associations or other Board may form committees, and that Secretary such bylaws as may be entities as considered appropriate by the such committees may consist of necessary for the functioning of the Secretary. See 15 U.S.C. 8704(c)(10) & individuals other than Board members. Board. See 15 U.S.C. 8704(c)(2). (e)(1)(A). Committee members would serve Section 1500.47(c) provides that the Section 1500.47(m) proposes that the without compensation. Board shall have the power and duty to Board shall have the power and duty to Sections 1500.45(f) through (i) make such rules as may be necessary to develop programs and projects, and address voting, and propose that votes administer the order, including enter into related contracts or may take place electronically outside of activities to be carried out under the agreements related thereto, which must convened Board meetings only if order. See 15 U.S.C. 8704(c)(2). be approved by the Secretary before members are given 14 days prior notice Section 1500.47(d) proposes that the becoming effective, targeted specifically and if a majority of voting Board Board shall have the power and duty to toward the Geographic Regions members participate prior to the meet, organize, and select from the described in § 1500.11. Such programs established deadline; that all votes shall Board members a Chair, Vice-Chair, and projects are to be recommended by be recorded in Board minutes; that there Secretary-Treasurer and other officers, the relevant regional committees for shall be no voting by proxy; and that all committees, and subcommittees, and to marketing and research projects to Board members shall have one vote. vest in such committees and benefit manufacturers in their respective Alternate members would not vote. The subcommittees such responsibilities and Geographic Regions. The contracts or Chair and all other Board officers would authorities as the Board determines to agreements related to these regional be elected from voting members of the be appropriate. See 15 U.S.C. 8704(c)(3). programs and projects would be subject Board. Section 1500.47(e) proposes that the to the same requirements for contracts Section 1500.45(j) proposes that the Board shall have the power and duty to and agreements described above, in organization of the Board and establish regional committees to § 1500.47(l). See 15 U.S.C. 8704(c)(4) & procedures for conducting meetings administer regional initiatives. See 15 (e)(1)(A); 15 U.S.C. 8705(f)(1). The would be in accordance with bylaws U.S.C. 8704(c)(4). Department envisions regional that are established by the Board and Section 1500.47(f) proposes that the groupings providing their regional- approved by the Secretary. Board shall have the power and duty to specific recommendations for research, Section 1500.45(k) proposes that recommend to the Secretary education, and promotion programs and meetings of the Board and committees modifications to the Geographic Regions projects to the Board. may take place by electronic means, described in § 1500.11 of the proposed Section 1500.47(n) proposes that the provided that all Board and committee order. See 15 U.S.C. 8705(f)(3). Board shall have the power and duty to members are given prior written notice Section 1500.47(g) proposes that the keep minutes, books, and records that 14 days before the meeting and have the Board shall have the power and duty to reflect the actions and transactions of opportunity to participate. establish working committees of persons the Board, and to promptly report the other than Board members, see 15 minutes of each Board meeting to the Section 1500.46—Compensation and U.S.C. 8704(c)(5), and § 1500.47(h) Secretary. See 15 U.S.C. 8704(c)(11). Reimbursement proposes for the employment of persons Section 1500.47(o) proposes that the This section reflects the requirements other than Board members, as the Board Board shall maintain such records and in the Act found at 15 U.S.C. 8704(b)(8). considers necessary to assist the Board books, and prepare and submit reports Section 1500.46(a) proposes that Board in carrying out its duties, see 15 U.S.C. and records to the Secretary as required; members and alternates shall serve 8704(c)(6). to make records available to the without compensation. 15 U.S.C. Section 1500.47(i) proposes that the Secretary for inspection and audit; to 8704(b)(8)(A). Section 1500.46(b) Board shall have the power and duty to account for the receipt and proposes that, if approved by the Board, prepare a budget and to submit the disbursement of funds; and to keep members or alternates shall be budget to the Secretary for approval, see records that accurately reflect actions reimbursed for reasonable travel 15 U.S.C. 8704(c)(7), and § 1500.47(j) and transactions of the Board. See 15 expenses, which may include a per proposes for the borrowing of funds U.S.C. 8704(f)(1). This requirement is diem allowance or actual subsistence necessary for the startup expenses of the the source of the Department’s second incurred while away from their homes proposed order, see 15 U.S.C. request for approval by OMB of a new or regular place of business in 8704(c)(8). ICR. The Department will restrict the performance of services for the Board. Section 1500.47(k) proposes that the information request to that information 15 U.S.C. 8704(b)(8)(B). Board shall have the power and duty to needed to determine the amount of develop and carry out research, assessment and will include: the Section 1500.47—Powers and Duties education, and promotion programs and number and type of concrete masonry This section largely reflects the projects relating to concrete masonry units manufactured; the number and provisions contained in 15 U.S.C. products, and to pay the costs of such type of concrete masonry units on 8704(c), which states that the order shall programs and projects with the which an assessment was paid; the specify the powers and duties of the assessments collected under § 1500.51, name and address of the manufacturer; Board, and contains a list of powers and as well as other income of the Board. manufacturer employee identification duties that shall be included in the See 15 U.S.C. 8704(c)(9). number; and the date of assessment order. Section 1500.47(l) proposes that the payment on each concrete masonry unit Section 1500.47(a) proposes that the Board shall have the power and duty to sold; and similar assessment accounting Board shall have the power and duty to enter into contracts or agreements information. administer the proposed order in which must be approved by the Section 1500.47(p) proposes that the accordance with its terms and Secretary before becoming effective, for Board have its books audited by a conditions, and to collect assessments. the development and carrying out of certified public accountant at the end of See 15 U.S.C. 8704(c)(1). programs or projects of research, each fiscal year and at other times as

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requested by the Secretary, and to governmental action; (2) engage in an category, which does not cause an submit a report of the audit to the action that would be a conflict of increase in the Board’s approved budget Secretary. See 15 U.S.C. 8704(f)(2). interest; (3) engage in advertising that is and which is consistent with governing Section 1500.47(q) proposes that the false or misleading; (4) engage in any bylaws, need not have prior approval by Board shall have the power and duty to promotion, research, or education that the Secretary. These provisions provide give the Secretary the same notice of would be disparaging to other the Board with operational flexibility in Board and committee meetings as given construction materials; or (5) engage in light of the requirements to submit to members so that the Secretary’s any promotion or project that would budgets to the Secretary for approval representative(s) may attend, and report benefit any individual manufacturer. contained in 15 U.S.C. 8704(c)(7) & minutes of all such meetings to the Section 1500.48(b) contains a number (d)(2)(A), and are consistent, for Secretary. See 15 U.S.C. 8704(c)(11) & of exceptions, which are identical to example, with the 10% threshold for (15). those found in the Act at 15 U.S.C. certain transfers of fund permitted in Section 1500.47(r) proposes for the 8704(g)(2). Section 1500.48(a) does not the Uniform Administrative Board to furnish any requested preclude: (1) The development and Requirements, Cost Principles, and information or records to the Secretary. recommendation of amendments to the Audit Requirements for Federal Awards See 15 U.S.C. 8704(c)(13). order; (2) communication to appropriate found at 2 CFR part 200. As noted Section 1500.47(s) proposes that the government officials regarding activities earlier, the budget will be deemed Board shall have the power and duty to under the order that is not intended to approved if the Secretary fails to receive, evaluate, and report to the influence legislation, elections, or approve or reject it within 60 days of Secretary all complaints of violations of governmental action; or (3) any lawful receipt, unless the Secretary provides a the proposed order. See 15 U.S.C. action designed to market concrete reasonable justification for the delay to 8704(c)(12). masonry products directly to a foreign the Board and Congress, along with a Section 1500.47(t) proposes the Board government. reasonable date for approval or recommend to the Secretary Section 1500.50—Budget and Expenses disapproval. See 15 U.S.C. amendments to the order as the Board 8704(d)(2)(C). The Department may Section 1500.50(a) proposes that prior considers appropriate. See 15 U.S.C. provide such justification in any written to the beginning of each fiscal year, and 8704(c)(14). format. Section 1500.47(u) proposes the during the fiscal year as may be Board be allowed to recommend necessary, the Board shall prepare and Section 1500.50(d) proposes that the adjustments to the assessments as submit to the Secretary for approval a Board is authorized to incur such provided in the order. See 15 U.S.C. budget for the upcoming fiscal year expenses as the Secretary finds are 8704(c)(7) & 15 U.S.C. 8705(c)(2). covering its anticipated expenses and reasonable and likely to be incurred by Section 1500.47(v) proposes that the disbursements. See 15 U.S.C. the Board for its maintenance and Board shall have the power and duty to 8704(d)(2)(A) & (B). The budget would functioning, and to enable it to exercise notify manufacturers of all Board be deemed approved if the Secretary its powers and perform its duties in meetings through press releases or other fails to approve or reject it within 60 accordance with the provisions of the means. While the Act does not days of receipt, unless the Secretary order. Such expenses are to be paid specifically require such notice, it will provides a reasonable justification for from funds received by the Board. See increase transparency of the Board’s the delay to the Board and Congress, 15 U.S.C. 8704(d)(3). operations. along with a reasonable date for Section 1500.50(e) implements the Section 1500.47(w) proposes that the approval or disapproval. See 15 U.S.C. provisions contained in 15 U.S.C. 8715, Board shall have the power and duty to 8704(d)(2)(C). The Department may Limitations on Obligation of Funds. It invest assessments collected, in provide such justification in any written proposes that: accordance with § 1500.50 of the format. Each budget shall include: (1) A (1) In each fiscal year, through fiscal proposed order, and as authorized by 15 statement of objectives and strategy for year 2030, the Board may not obligate U.S.C. 8705(e). each program, plan, or project, see 15 an amount greater than the sum of— Finally, § 1500.47(x) proposes that the U.S.C. 8704(i); (2) a summary of Board shall have the power and duty to anticipated revenue, with comparative (a) 73 percent of the amount of periodically prepare and make available data for at least one preceding year assessments estimated to be collected reports of its activities to the public and (except for the initial budget); (3) a under 1500.51 in such fiscal year to the manufacturers. Additionally, at summary of proposed expenditures for (except for fiscal years 2028 and 2029, least once each fiscal period, the Board each program, plan or project; and (4) for which the amounts estimated to be would make public an accounting of staff and administrative expense collected shall be 62 percent of the funds received and expended. This breakdowns, with comparative data for amount of assessments actually section helps to increase transparency of at least one preceding year (except for collected in the most recent fiscal year the Board’s operations and to the initial budget). See 15 U.S.C. for which an audit report has been implement 15 U.S.C. 8704(j), which 8704(c)(7) & (d)(2)(A). submitted as of the beginning of the requires the Board to prepare and make Section 1500.50(b) proposes that each fiscal year for which the amount be publicly available a comprehensive budget shall provide adequate funds to obligated is being determined); biennial report. defray its proposed expenditures. (b) 73 percent of the amount of Section 1500.50(c) proposes that, assessments actually collected under Section 1500.48—Prohibited Activities subject to this section, any amendment 1500.51 in the most recent fiscal year for Section 1500.48(a) contains a list of or addition to an approved budget must which an audit report has been prohibited activities that is identical to be approved by the Secretary, including submitted as of the beginning of the the prohibited activities listed in the Act shifting funds from one program or fiscal year for which the amount that at 15 U.S.C. 8704(g)(1). Specifically, the project to another. However, a de may be obligated is being determined, Board shall not engage in any program minimis shift of funds from one less the estimate made pursuant to or project to, or use any funds to: (1) approved category to another, and not paragraph (1) for such most recent fiscal Influence legislation, elections, or exceeding 10% of the funds in either year; and

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(c) amounts permitted in preceding Section 1500.51—Assessments research, education, and promotion fiscal years to be obligated that have not Section 1500.51(a) of the proposed programs and projects in support of the been obligated. order proposes that the collection of Geographic Region of the manufacturer. (2) Assessments collected in excess of assessments on concrete masonry units This requirement is taken directly from the amount permitted to be obligated in will be the responsibility of the the Act. 15 U.S.C. 8705(f)(1). Section 1500.51(e) proposes that a fiscal year shall be deposited in an manufacturer who sells the concrete assessment payments and reports will escrow account until the end of fiscal masonry units. The Act specifies that be submitted to the Board quarterly. See year 2030. assessments shall be remitted by 15 U.S.C. 8705(b)(2). All quarterly (3) Prior to the end of fiscal year 2030, manufacturers to the Board in the payments are to be received no later the Board may not obligate, expend, or manner prescribed by the order. 15 than 60 days after the conclusion of borrow against amounts deposited in U.S.C. 8705(b)(1). Further, there will each quarter. A late payment charge will only be an assessment on the first sale the escrow account. Any interest earned be imposed on manufacturers who fail on such amounts shall be deposited in of concrete masonry units, and not on to submit payment by the due date the escrow account and shall be the subsequent sale of concrete masonry established by the Board. See 15 U.S.C. unavailable for obligation until the end units already assessed. As required by 8705(d)(1). In addition to the late of fiscal year 2030. the Act, manufacturers will be required payment charge, there will be an Section 1500.50(f) proposes that, with to collect and remit assessments no less interest charge on the outstanding approval of the Secretary, the Board than quarterly. 15 U.S.C. 8705(b)(2). amount. See 15 U.S.C. 8705(d)(1). In may borrow money for the payment of Also, as required by the Act, accordance with the Act, the rate of administrative expenses, subject to the manufacturers are directed to identify interest and late payment charges shall same fiscal, budget and audit controls as the total amount due in assessments on be specified by the Secretary. See 15 other funds of the Board. Any funds all sales receipts, invoices or other U.S.C. 8705(d)(2). borrowed by the Board, however, shall commercial documents of sale as a Section 1500.51(f) explains that be expended only for startup costs and result of the sale of concrete masonry manufacturers failing to remit total capital outlays. See 15 U.S.C. units. 15 U.S.C. 8705(b)(3). In order to assessments due in a timely manner 8704(d)(3)(B). help implement these provisions, the may also be subject to actions under Section 1500.50(g) proposes that the Board is directed to provide a proposed Federal debt collection procedures. Board shall reimburse the Secretary for compliance program for review and Section 1500.51(g) proposes that the all expenses incurred by the Secretary approval by the Secretary within 180 Board may authorize other organizations in the implementation, administration days of their initial meeting. A proposed to collect assessments on its behalf, and supervision of the order, including compliance program and its plan to subject to approval of the Secretary. all referendum costs in connection with verify compliance with the Act will Finally, § 1500.51(h) proposes that the the order. See 15 U.S.C. 8704(d)(3)(D). outline the way the Board will receive Board shall provide manufacturers with assessments, how they will verify the opportunity to apply for rebates on Section 1500.50(h) proposes that, compliance, determine the best method assessments remitted to the Board for following the third fiscal year of to track sales, and how to document all concrete masonry units not covered by operation of the Board, the total cost of actions. this order, and for assessments remitted collection of expenses and Section 1500.51(b) sets forth the to the Board for concrete masonry units administrative staff incurred by the initial rate of assessment of $0.01 per sold to a purchaser that subsequently Board during any fiscal year shall not concrete masonry unit sold by a failed to remit payment due to exceed 10 percent of the projected total manufacturer as specified in the Act. 15 bankruptcy, bad debt, or other reasons. assessments to be collected and other U.S.C. 8705(c)(1). The Board may make Those requesting rebates will have to income received by the Board for that assessments effective as of the effective provide all necessary documentation as fiscal year after any fees owed to the date of the proposed order. determined by the Board. Department are paid. Reimbursements Manufacturers would submit funds to to the Secretary required under the Board within 60 days of the end of Section 1500.60—Programs and Projects paragraph (g) are excluded from this the first quarter after the Board is Section 1500.60(a) proposes that the limitation on spending. See 15 U.S.C. established; thereafter submission of Board shall receive and evaluate, or on 8704(d)(3)(C). funds would be made to the Board its own initiative develop, any program Section 1500.50(i) proposes that the within 60 days of the end of each or project authorized under the Board may invest assessments and other quarter. proposed order. This section further revenues collected in: (1) Obligations of Section 1500.51(c) proposes that, proposes that the Board will submit any the United States or any agency of the upon the affirmative vote of two-thirds such program or project to the Secretary United States; (2) general obligations of of the voting members of the Board, the for approval. See 15 U.S.C. 8704(d)(1). any state or any political subdivision of Board may modify the assessment rate. Such programs or projects shall provide a state; (3) interest bearing accounts or 15 U.S.C. 8705(c)(2)(A). This is subject for: (1) the establishment, issuance, certificates of deposit of financial to the provision that the rate may be effectuation and administration of institutions that are members of the raised to a maximum of $0.05 cents per appropriate programs for research, Federal Reserve System; or (4) unit, 15 U.S.C. 8705(c)(2)(B), that only education, and promotion with respect obligations fully guaranteed as to one increase or decrease may be to concrete masonry; and (2) the principal interest by the United States. implemented in any one-year period, 15 establishment and conduct of research 15 U.S.C. 8705(e). U.S.C. 8705(c)(2)(D), and that each with respect to the image, desirability, Section 1500.50(j) clarifies that individual increase may not exceed use, marketability, quality or production investment income and revenue earned $0.01, 15 U.S.C. 8705(c)(2)(C). of concrete masonry products, to the under the previous paragraph are Section 1500.51(d) proposes that not end that the marketing and use of earnings obtained from assessment that less than 50 percent of the assessments concrete masonry products may be are subject to budget approval by the (less administration expenses) paid by a encouraged, expanded, improved or Secretary. manufacturer shall be used to support made more acceptable, and to advance

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the image, desirability or quality of Finally, § 1500.60(e) proposes that, assessment was paid; the name and concrete masonry product. See 15 every two years, the Board shall prepare address of the manufacturer; U.S.C. 8701(a). and make publicly available a manufacturer employee identification Section 1500.60(b) proposes that the comprehensive and detailed report that number; the date of assessment payment Board will not implement a program or includes an identification and on each concrete masonry unit sold; and project prior to receiving approval from description of all programs and projects similar assessment accounting the Secretary. See 15 U.S.C. 8704(d)(1). undertaken by the Board during the information. The previously noted ICR Once the Secretary approves a program previous two years, as well as those regarding assessments also supports this or project, the Board will take planned for the subsequent two years. requirement. The Department is seeking appropriate steps to implement it. A The report will detail the allocation or approval for these ICRs. contract or agreement for a program or planned allocation of Board resources Section 1500.70(b) proposes that all of project will be deemed approved if the for each program or project, and will the reports described above are due to Secretary fails to approve or reject it also include: (1) The overall financial the Board 60 days after the end of each within 60 days of receipt, unless the condition of the Board; (2) a summary quarter, and Secretary provides a reasonable of the amounts obligated or expended Section 1500.70(c) proposes that all justification for the delay to the Board during the two preceding fiscal years; such reports and information submitted and Congress, along with a reasonable and (3) a description of the extent to shall be subject to confidentiality date for approval or disapproval. See 15 which the objectives of the Board were restrictions in § 1500.72. U.S.C. 8704(e)(3). The Department may met according to the metrics required Section 1500.71—Assessments provide justification in any written under § 1500.50(a)(1). See 15 U.S.C. Section 1500.71 proposes that each format. 8704(j). Any such contract or agreement shall manufacturer subject to the proposed provide that: (1) The contractor or Section 1500.61—Independent order shall maintain and make available agreeing party shall develop and submit Evaluation for inspection by the Secretary, or the Board when acting on behalf of the to the Board a program or project Section 1500.61 proposes that the Secrtary, such books and records as are together with a budget or budgets that Board shall authorize and fund an necessary to carry out the provisions of shall show the estimated cost to be independent evaluation of the the order and the regulations issued incurred for such program or project, effectiveness of the proposed order and thereunder, including such records as see 15 U.S.C. 8704(e)(2)(A). Further, the other programs conducted by the Board are necessary to verify any reports contractor or agreeing party shall keep beginning five years after October 5, required. See 15 U.S.C. 8704(k)(1). Such accurate records of all its transactions 2018 and every three years thereafter. records shall be retained for at least and make periodic reports to the Board The Board will submit to the Secretary, seven years beyond the fiscal period of of activities conducted, see 15 U.S.C. and make available to the public, the their applicability. See 15 U.S.C. 8704(e)(2)(B) & (D); submit accounting results of each periodic independent 8704(k)(2). for funds received and expended, see 15 evaluation. See 15 U.S.C. 8704(h). U.S.C. 8704(e)(2)(C); and make such Section 1500.72—Confidential Section 1500.62—Patents, Copyrights, other reports as the Secretary or the Treatment Board may require, see 15 U.S.C. Trademarks, Information, Publications, 8704(e)(2)(E). This section also proposes and Product Formulations Section 1500.72(a) proposes that trade that the Secretary may audit the records secrets and commercial or financial Section 1500.62 proposes that information that is privileged or of the contracting or agreeing party ownership and allocation of rights to periodically; that any subcontractor who confidential obtained from books, patents, copyrights, inventions, or records, or reports under the Act, the enters into a contract with a Board publications, developed through the use contractor and who receives Board proposed order, and the regulations of non-Federal funds remitted to the issued thereunder shall be kept funds will be subject to the same Board under the proposed order shall be provisions as the contractor; and that confidential by all persons, including all determined by written agreement employees and former employees of the the contract or agreement shall become between the Board and the party(ies) effective on the approval of the Board, all officers and employees and receiving funds for the development of former officers and employees of Secretary. such inventions, patents, copyrights, or Section 1500.60(c) proposes that contracting and subcontracting agencies publications. The Department believes programs or projects implemented or agreeing parties having access to such that ‘‘trademarks’’ were inadvertently under the proposed order will be information. Such information shall not left off of this list, as they are included reviewed or evaluated periodically by be available to Board members or in the heading, and intends to include the Board to ensure that they contribute manufacturers. Only those persons them in the final order, subject to public to an effective program of research, having a specific need for such comment. education, or promotion. If the Board information to effectively administer the finds that a program or project does not Reports, Books, and Records provisions of the proposed order shall contribute to an effective program of have access to such information. See 15 Section 1500.70—Reports research, education, or promotion, then U.S.C. 8704(k)(3)(A). In accordance with the Board will terminate that program or Section 1500.70(a) proposes that the Act, such information may be project, subject to the approval of the manufacturers subject to the proposed disclosed only if (1) the Secretary Secretary. order may be required to periodically considers the information relevant; and Section 1500.60(d) proposes that any provide such information as required by (2) the information is revealed in a educational or promotional activity the Board, with the approval of the judicial proceeding or administrative undertaken with funds provided by the Secretary. This information may include hearing brought at the direction or on Board shall include a statement that but is not limited to: The number and the request of the Secretary or to which such activities were supported in whole type of concrete masonry units the Secretary or any officer of the or in part by the Board. 15 U.S.C. manufactured; the number and type of Department is a party. 15 U.S.C. 8704(d)(1)(B). concrete masonry units on which an 8704(k)(3)(B). Also in accordance with

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the Act, any officer, employee, or agent ‘‘among [eligible] manufacturers . . . Congressional Budget Office’s (CBO) of the Department of Commerce or any subject to assessments under section estimate concerning the Act’s impacts, officer, employee, or agent of the Board 8705 of this title.’’ and notes the following assumption: who willfully violates the above The Act does not define the phrase The bill [S. 374] would apply to producers provisions of the proposed order shall ‘‘subject to assessment’’ and therefore, of both concrete block and concrete pavers, be fined not more than $1,000 and the Secretary must interpret the statute but CBO expects that only producers of imprisoned for not more than 1 year, or to determine whether all manufacturers concrete block would participate in the both. 15 U.S.C. 8704(k)(3)(D). However, of concrete masonry products should referendum. Because there is little nothing in this section shall be deemed participate in the referendum, or differentiation among concrete blocks across to prohibit: (1) The issuance of general whether only manufacturers of concrete manufacturers, all producers of concrete blocks would benefit from an industry-wide statements based upon the reports of the masonry units should participate. The research and promotion program. number of persons subject to the phrase ‘‘subject to assessment’’ could Manufacturers of concrete pavers, on the proposed order or statistical data mean: (1) Meeting only the eligibility other hand, are able to distinguish their collected therefrom, as long as the requirement described above (that is, products in ways that allow consumers to statements do not identify the having manufactured concrete masonry recognize individual brands. Consequently, information furnished by any person; products during the 180-day period those producers have little incentive to and (2) the publication, by direction of prior to voting), or (2) both meeting the participate in an industry-wide marketing effort. Based on information from the Secretary, of the name of any person eligibility requirement and being subject manufacturers of concrete pavers, CBO who has been adjudged to have violated to the initial rate of assessment. Under expects that those producers would not the proposed order and the specific interpretation (1), the referendum would participate in the referendum. be conducted among all manufacturers provisions that were violated. See 15 Senate Report 115–218, at 4 (Mar. 22, who had manufactured concrete U.S.C. 8704(k)(3)(C). 2018). Section 1500.72(b) would clarify that, masonry products during the 180-day Based upon both the language and the for any officer, employee, or agent of the period prior to voting. Under overarching purpose of the statute, and Department of Commerce, these interpretation (2), because the initial because concrete masonry unit provisions are consistent with and do rate of assessment is applied only to manufacturers are currently the only not supersede, conflict with, or concrete masonry units sold, the manufacturers who have an incentive to otherwise alter any obligations, rights, referendum would be conducted among participate in this program, the or liabilities created by existing statute all manufacturers who had Department interprets the Act to mean or Executive Order relating to classified manufactured concrete masonry units that only manufacturers subject to the information, communications to during the 180-day period prior to initial rate of assessment are ‘‘subject to Congress, the reporting to an Inspector voting. Under the Act, ‘‘concrete assessment,’’ in accordance with General of a violation of any law, rule, masonry products’’ refers to a broader interpretation (2). Therefore, for the or regulation, or mismanagement, a class of products than concrete masonry initial referendum, an eligible person gross waste of funds, an abuse of units, including hardscape products would be a manufacturer of concrete authority, or a substantial and specific such as concrete pavers and segmental units that is subject to the initial rate of danger to public health or safety, or any retaining wall units. assessment. Further, the proposed order Where a statute leaves a gap or is other whistleblower protection. protects the interests of concrete ambiguous, courts will typically look to masonry product manufacturers by Miscellaneous see whether the agency’s interpretation leaving open their eligibility for Board was reasonable in light of the text, Section 1500.80—Right of the Secretary membership, as well as the possibility nature, and purpose of the statute. See, Section 1500.80 proposes that all that future orders could have a broader e.g., Cuozzo Speed Techs., LLC v. Lee, fiscal matters, programs or projects, scope rather than being limited to 136 S. Ct. 2131, 2134 (U.S. June 20, rules or regulations, reports, or other concrete masonry unit manufacturers. actions proposed and prepared by the 2016). In the absence of a statutory Therefore, for the initial referendum, Board shall be submitted to the definition, courts ‘‘construe a statutory an eligible person would be a Secretary for approval. term in accordance with its ordinary or manufacturer of concrete units that is natural meaning.’’ FDIC v. Meyer, 510 subject to the initial rate of assessment Section 1500.81—Referenda U.S. 471, 476 (1994). The most relevant in § 1500.51, that is, $0.01 per concrete Section 1500.81(a) proposes that a definition of ‘‘subject to’’ is ‘‘affected by masonry unit sold by a manufacturer. 4 referendum will be held to determine or possibly affected by’’ something. See 15 U.S.C. 8705(c)(1). Each whether manufacturers favor enactment Only manufacturers of concrete manufacturer eligible to vote in the of the proposed order. See 15 U.S.C. masonry units will actually have to pay, referendum shall be entitled to one vote. 8706(a)(1). The proposed referendum or be affected by, the initial rate of 15 U.S.C. 8706(b)(1). For the order to go procedures are being published in a assessment. The Department believes, into effect, there must be a majority separate notice in the Federal Register. therefore, that the most natural reading ‘‘yes’’ vote by both: (1) The total number See 15 U.S.C. 8706(c)(1) (‘‘Referenda of the statute is that only concrete of concrete masonry unit manufacturers conducted pursuant to this section shall masonry unit manufacturers are voting; and (2) manufacturers who be conducted in a manner determined ‘‘subject to’’ assessment and therefore operate a majority of the machine by the Secretary.’’) A manufacturer will eligible to participate in the referendum. cavities operated by the manufacturers be considered eligible to vote if the This reading is also consistent with voting in the referendum. 15 U.S.C. manufacturer has manufactured the stated purpose of the Act as 8706(a)(2). concrete masonry products during a described in 15 U.S.C. 8701. Senate Section 1500.81(b) proposes that, after period of at least 180 days prior to the Report 115–218 includes the the initial referendum, the Secretary first day of the period during which shall conduct a referendum upon the 4 ‘‘Subject to.’’ Merriam-Webster.com Dictionary, voting in the referendum will occur. 15 Merriam-Webster, https://www.merriam- request of the Board, or effective U.S.C. 8706(b)(2). The Act directs the webster.com/dictionary/subject%20to. Accessed 20 beginning on the date that is five years Secretary to conduct the referendum Jun. 2020. after the date of approval of the

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proposed order, and at five-year Section 1500.84—Notice and Advance Classification intervals thereafter, by petition from not Registration Executive Order 12866 less than 25% of manufacturers eligible to vote. For any new proposed order, Section 1500.84 proposes that, as This rulemaking is not a significant voter eligibility will be based on the required by the Act, not later than 30 regulatory action under Executive Order scope of such proposed order. Each days before a referendum is to be 12866. conducted under the proposed order, manufacturer eligible to vote in Executive Order 13771 subsequent referenda shall be entitled to the Secretary shall notify all one vote. The proposed order shall manufacturers of the period during This rule is not subject to the continue if it meets the same which the referendum will occur requirements of Executive Order 13771 requirements for a majority ‘‘yes’’ vote through publication in the Federal because it is not a significant regulatory described above. Register. To clarify this statement, the action under Executive Order 12866. Section 1500.82—Suspension or Secretary interprets that notice can Executive Order 13132 Termination occur 30 or more days in advance of the This proposed rule does not contain referendum start date (i.e., notice cannot policies with Federalism implications as Section 1500.82(a) proposes that the be less than 30 days). 15 U.S.C. defined in Executive Order 13132. Secretary shall suspend or terminate an 8706(c)(4). The notice will explain any order or a provision of an order if the registration and voting procedures. See Regulatory Flexibility Act: Initial Secretary finds that an order or 15 U.S.C. 8706(c)(3). A manufacturer Regulatory Flexibility Analysis provision of an order obstructs or does who chooses to vote in a referendum The Regulatory Flexibility Act (RFA), not tend to effectuate the purpose of the conducted under the proposed order first enacted in 1980 and codified at 5 Act, or if the Secretary determines that shall register with the Secretary prior to U.S.C. 600–611, was intended to place the order or a provision of an order is the voting period. 15 U.S.C. 8706(c)(2). the burden on the government to review not favored by a majority of all votes all new regulations to ensure that, while cast in the referendum as provided in Section 1500.85—Personal Liability accomplishing their intended purposes, § 1500.81. See 15 U.S.C. 8706(e) & 8710. they do not unduly inhibit the ability of If the Secretary suspends or terminates Section 1500.85 proposes that no member, alternate member, or employee small entities to compete. The RFA a provision of an order, the order recognizes that the size of a business, of the Board shall be held personally remains in effect minus the suspended unit of government, or nonprofit responsible, either individually or or terminated provision. organization can have a bearing on its Section 1500.82(b) proposes that if, as jointly with others, in any way ability to comply with Federal a result of a referendum conducted whatsoever, to any person for errors in regulations. Major goals of the RFA are: under § 1500.81 of the proposed order, judgment, mistakes or other acts, either (1) To increase agency awareness and the Secretary determines that the order of commission or omission, as such understanding of the impact of their is not approved, the Secretary shall: (1) member or employee, except for acts of regulations on small business; (2) to Not later than 180 days after making the dishonesty or willful misconduct. require that agencies communicate and determination, suspend or terminate Section 1500.86—Separability explain their findings to the public; and collection of assessments under the (3) to encourage agencies to use proposed order; and (2) as soon as Section 1500.86 proposes that if any flexibility and to provide regulatory practical, suspend or terminate provision of the proposed order, or its relief to small entities. activities under this order in an orderly applicability to any person or The RFA emphasizes predicting manner. 15 U.S.C. 8710(b). circumstance, is declared invalid, the significant adverse impacts on small Section 1500.83—Effect of Termination validity of the remainder of the entities as a group distinct from other or Amendment proposed order or its applicability will entities and on the consideration of not be affected. alternatives that may minimize the Section 1500.83 proposes that, unless impacts, while still achieving the stated otherwise expressly provided by the Section 1500.87—Amendments objective of the action. When an agency Secretary, the termination of the publishes a proposed regulatory action, proposed order, or the issuance of any Section 1500.87 proposes that the it must either: (1) Certify that the action amendment to either thereof, shall not: Secretary may, from time to time, will not have a significant adverse (a) Affect or waive any right, duty, amend an order. 15 U.S.C. 8703(c). impact on a substantial number of small obligation or liability which shall have Amendments to the proposed order may entities, and support such a certification arisen or which may thereafter arise in be proposed from time to time by the declaration with a factual basis, connection with any provision of the Board or by any interested person demonstrating this outcome, or, (2) if proposed order or any regulation issued affected by the provisions of the Act, such a certification cannot be supported thereunder; (b) release or extinguish any including the Secretary. See 15 U.S.C. by a factual basis, prepare and make violation of the proposed order or any 8704(c). The provisions of the Act available for public review an Initial regulation issued thereunder; or (c) applicable to an order shall be Regulatory Flexibility Analysis (IRFA) affect or impair any rights or remedies applicable to any amendment to an that describes the impact of the of the United States, or of the Secretary order. 15 U.S.C. 8703(c) & 8711. proposed rule on small entities. or of any other persons, with respect to The following paragraphs are a any such violation. The Department Section 1500.88—OMB Control Number summary of the IRFA for the proposed believes that the intended language of order: this provision was likely ‘‘. . . issuance If the ICRs in the proposed order are of any amendment,’’ rather than ‘‘. . . approved by OMB under the Paperwork Basis and Purpose of the Rule issuance of any amendment to either Reduction Act of 1995, 44 U.S.C. This action is taken under the thereof,’’ and intends to edit this text Chapter 35, this section would include authority of the Act, which authorizes a following public comment. the OMB control number. research, education, and promotion

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program for concrete masonry products, the Department on April 15, 2020, below and confirmed by industry also known as a checkoff program. The triggered a referendum deadline of experts, the industry is dominated by checkoff program would be established approximately 8 months from small entities. by an order issued by the Secretary that submission, and the proposed order The U.S. Small Business is subject to approval by an industry must be published in the Federal Administration size standard to qualify referendum. The program would then be Register within 90 days of receipt. A as a small business in this industry is carried out by a Board, which would succinct statement of the objectives of, 500 or fewer employees.5 According to develop research and education and legal basis for, the proposed rule is Census data, there were 430 firms and programs as well as efforts to promote contained elsewhere in the preamble 686 establishments engaged in concrete concrete masonry products in domestic and is not repeated here. block and brick manufacturing in 2017.6 markets. Board activities would be Of these, 401 firms, or 93 percent, Number of Affected Entities funded by assessments on employed fewer than 500 employees, manufacturers of concrete masonry The proposed order applies to and these small firms accounted for 514 products, based on the number of products manufactured on concrete establishments, or 75 percent of all masonry units sold each quarter. A block machines and used for establishments, and about 62 percent of proposed order submitted by industry to construction. As indicated by the data industry employment.7

Large firms represent about 7 percent Costs to Affected Entities subsequent years to the maximum of of all firms and account for 25 percent Assessment costs—Under the $0.05 in the fifth year and thereafter. of plants, about 38 percent of proposed order, concrete masonry unit To estimate the number of units sold employment, and 39 percent of manufacturers would be required to pay by small entities, the Department relies estimated receipts. This appears to be assessments to the Board to fund the on industry reports that show there consistent with the information from research, education, and promotion were 1.15 billion concrete masonry industry experts that roughly 5 percent programs of the Board. Assessment rates units produced in 2018. Assuming small of manufacturers account for 40 percent are dictated by the Act, which specifies businesses produced 60 to 75 percent of of production capacity measured by assessments of $0.01 per unit sold, up overall production, we estimate that machine cavities.8 Based on these to a maximum of $0.05 per unit sold, between 690 and 862.5 million units estimates of share of establishments and with assessments increasing by no more would be produced by small businesses machine cavities, we estimate that large than $0.01 per year. in the first year of the program. Based employers (500 or more employees) To estimate the costs to businesses, on these estimates, total estimated account for 25 to 40 percent of industry the Department estimates a range of assessments on small businesses based production of concrete masonry units assessment revenues, with the lower on $0.01 per unit produced would be and, conversely, that small firms (fewer bound calculated using assessments of $6.90 million to $8.63 million in the than 500 employees) account for 60 to $0.01 with no increases in future years first year. 75 percent of production of concrete and the upper bound calculated using To estimate a lower bound on masonry units. the maximum assessment rates expected annual assessment costs, we permitted under the Act—$0.01 in the assume assessments remain constant at first year, increasing by $0.01 in $0.01 for 10 years and industry

5 See ‘‘Table of Small Business Size Standards is a single physical location at which business is Business Patterns methodology on the Census Matched to North American Industry Classification conducted or services or industrial operations are website. System Codes’’ on the U.S. Small Business performed. See ‘‘Statistics of U.S. Businesses 8 Manufacturers use block machines to produce Administration website. Glossary’’ on the U.S. Census Bureau website. concrete block. A block machine uses vibration and 6 A firm is a business organization consisting of 7 See ‘‘2017 SUSB Annual Data Tables by compaction to form the concrete masonry product one or more domestic establishments in the same from a cement mixture poured into a mold. The Establishment Industry’’ on the U.S. Census Bureau state and industry that were specified under term ‘‘cavity’’ is the open space in the mold and common ownership or control and an establishment website. For more information, see the County equates to a single block.

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production grows with inflation. include, but not be limited to, the According to Census Bureau data (see Therefore, total assessments on small following: ‘‘Table 3: Block and Brick businesses over the next 10 years is 1. Number and type of concrete Manufacturers 2017 by Business Size’’), expected to be $6.90 million to $8.63 masonry units manufactured; these firms represent 23 percent of million per year. The midpoint of this 2. Number and type of concrete establishments in the industry, 4 range, $7.76 million, is the Department’s masonry units on which an assessment percent of industry employment, and 3 lower bound estimate of annual costs to was paid; percent of annual receipts for the small businesses. This amounts to 3. Name and address of the industry. $19,358 per firm each year. manufacturer; and The Department requests comments To estimate an upper bound estimate 4. Date assessment was paid on each regarding a possible de minimis of costs, we assume the Board institutes concrete masonry unit sold. exemption. We expect these reporting costs to be the maximum assessment authorized Request for Comments under the legislation, resulting in a incurred with the quarterly assessments $0.01 per unit assessment in year 1, paid by manufacturers. We estimate that The Department requests comments $0.02 in year 2, $0.03 in year 3, $0.04 managers would spend 60 minutes per on the Initial Regulatory Flexibility Act in year 4, and $0.05 in years 5 through quarterly report. According to the Analysis. Specifically, comments 10. Again, assuming industry Bureau of Labor Statistics, the median regarding: production grows with inflation, total pay for industrial production managers 1. Information about concrete assessments on small businesses over is $50.71 per hour.9 Thus, we estimate masonry unit production, including: the next 10 years would be expected to that firms will pay, on average, $202.84 a. Estimated annual production of average $27.60 million to $34.50 million for reporting costs per year. concrete masonry units for the industry per year. The midpoint of this range, as a whole and by business size; Benefits for Affected Entities b. The number and size of entities $31.05 million, is the Department’s covered under the proposed order, upper bound estimate of annual costs to Even if the order results in a including whether production occurs small businesses. This amounts to an significant cost for a substantial number among businesses not classified under average of $77,431 per firm each year. of small businesses, these costs are expected to result in benefits to NAICS industry 327331; and Applying the Department’s upper c. An estimated sales price for bound cost estimate to the receipts businesses that are at least commensurate with these costs. The concrete masonry units. estimated by the Census Bureau for this 2. Whether to include a de minimis industry, total costs on small businesses assessments pay for investments in product research, education, and exemption and what criteria to use for represent about 1.1 percent of small an exemption; and business receipts (shown in ‘‘Table 3: promotion programs that are intended to yield direct benefits to concrete product 3. The approach used to estimate the Block and Brick Manufacturers 2017 by impact of the proposed order on Business Size,’’ employment size less manufacturers in the form of new markets and increased consumer industry and small businesses and than 500). Again, this would be the suggestions for alternative approaches. average over the 10-year period. demand. Assessments would be lowest in year 1 Alternatives: Consideration of a De Paperwork Reduction Act and highest in years 5 through 10. Minimis Exemption The ICRs in this proposed rule are These estimated assessment costs are The Department recognizes that some being submitted for approval to OMB based on the limited information small businesses with minimal under the Paperwork Reduction Act of available for the concrete and brick production in the industry may not have 1995, 44 U.S.C. 3501 et seq. This section manufacturers industry. For this the resources to comply with the contains the new ICRs and the estimated analysis, the Department relies on requirements imposed by the proposed time to fulfill each requirement. There industry estimates for annual unit order, and therefore, the Department are two new ICRs associated with the production. Because unit production is may consider a de minimis exemption proposed order—one dealing with the not available by business size, we for these small businesses. A de minimis Board nomination process and a second estimate a range of unit production exemption would exclude from the with the assessment and reporting using establishment data from the U.S. order some small businesses with requirements. Census Bureau for NAICS industry minimal production, based on measures In order to make an informed decision 327331. Because the number of firms of unit production, employment, on appointments of members and estimated by industry experts differs receipts, machine cavities, or other alternate members to the Board as well from the number of firms under NAICS relevant criteria. as obtaining an appropriate balance on industry 327331, we request comments A possible de minimis exemption the Board, the Secretary will need regarding the number and size of would exclude companies with fewer adequate information on all candidate entities covered under the proposed than five employees. According to nominees. The Department will restrict order, including whether production Census Bureau data (see ‘‘Table 3: Block the information request to that occurs among businesses not classified and Brick Manufacturers 2017 by information needed to determine under NAICS industry 327331. Business Size’’), these firms represent requisite expertise of potential Reporting costs—In addition to 13 percent of establishments in the nominees and will include biography, assessments paid on concrete masonry industry, 1 percent of industry experience, status as a current units, there are reporting costs employment, and 1 percent of annual manufacturer, type of products associated with adoption of the receipts for the industry. manufactured, place of business, size of proposed order. Under the proposed Another possible de minimis business, statement of interest, and order, each manufacturer may be exemption would exclude companies similar background information. required to periodically provide to the with fewer than ten employees. Estimated burden: Public Board such information as may be recordkeeping burden for this collection required by the Board, with the 9 See the Occupational Outlook Handbook on the of information is estimated to average approval of the Secretary, which may Bureau of Labor statistics website. 1.0 hour per application.

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Respondents: Manufacturers and viewed on the Reginfo.gov website. 1500.19 Research. others associated with the concrete Organizations and individuals desiring 1500.20 Secretary. masonry products industry. to submit comments on the collection of 1500.21 United States. Estimated Number of Respondents: information requirements should see the Concrete Masonry Products Board 50. ADDRESSES section of this document. 1500.40 Establishment and membership. Estimated Number of Responses per The final rule will respond to any 1500.43 Vacancies. 1500.44 Disqualification. Respondent: 1. public comments on the ICRs contained Estimated Total Annual Burden on 1500.45 Procedure. in this proposal. Notwithstanding any 1500.46 Compensation and reimbursement. Respondents: 50 hours. other provision of the law, no person is 1500.47 Powers and duties. (2) Background Statement required to respond to, and no person 1500.48 Prohibited activities. will be subject to penalty for failure to Expenses and Assessments To fulfill the requirement to oversee comply with, a collection of information 1500.50 Budget and expenses. assessment collection as well as the subject to the requirements of the PRA, 1500.51 Assessments. requirement to maintain adequate unless that collection of information 1500.60 Programs and projects. records the Secretary will need displays a currently valid OMB control 1500.61 Independent evaluation. information to support adequate number. 1500.62 Patents, copyrights, trademarks, oversight in these areas. The information, publications, and product Department will restrict the information National Environmental Policy Act formulations. request to that information needed to This proposed rule will not Reports, Books, and Records determine the amount of assessment significantly affect the quality of the 1500.70 Reports. and will include: The number and type 1500.71 Books and records. human environment. Therefore, an 1500.72 Confidential treatment. of concrete masonry units environmental assessment or manufactured; the number and type of Miscellaneous Environmental Impact Statement is not 1500.80 Right of the Secretary. concrete masonry units on which an required to be prepared under the 1500.81 Referenda. assessment was paid; the name and National Environmental Policy Act of 1500.82 Suspension or termination. address of the manufacturer; 1969. 1500.83 Effect of termination or manufacturer employee identification amendment. number; and the date of assessment List of Subjects in 15 CFR Part 1500 1500.84 Notice and advance registration. payment on each concrete masonry unit Administrative practice and 1500.85 Personal liability. sold; and related assessment accounting procedure, Advertising, Consumer 1500.86 Separability. information. All estimates include the information, Marketing agreements, 1500.87 Amendments. time for reviewing instructions; Concrete masonry promotion, Reporting 1500.88 OMB control number. searching existing data sources; and recordkeeping requirements. Authority: 15 U.S.C. 8701–8717. gathering or maintaining the needed ■ For the reasons stated in the preamble, Definitions data; and reviewing the information. under the authority at 15 U.S.C. 8701– Estimated burden: Public 8717, the Office of the Under-Secretary § 1500.1 Act. recordkeeping burden for this collection for Economic Affairs, Department of Act means the Concrete Masonry of information is estimated to average 1 Commerce proposes to establish Chapter Products Research, Education, and hour per quarterly report. XV, consisting of 15 CFR part 1500 as Promotion Act of 2018 (15 U.S.C. 8701 Respondents: Manufacturers of set forth below: et seq.; Public Law 115–254, 1301, 132 concrete masonry products. CHAPTER XV—OFFICE OF THE UNDER- Stat. 3469–3485 (2018)), and any Estimated Number of Respondents: amendments thereto. 690. SECRETARY FOR ECONOMIC AFFAIRS Estimated Number of Responses per § 1500.2 Block Machine. PART 1500—CONCRETE MASONRY Respondent: 4 per year. Block machine means a piece of Estimated Total Annual Burden on PRODUCTS RESEARCH, EDUCATION, AND PROMOTION equipment that utilizes vibration and Respondents: 2760 hours. compaction to form concrete masonry As part of its continuing effort to Subpart A—Concrete Masonry products. reduce paperwork and respondent Products Research, Education, and burden, the Department invites the § 1500.3 Board. Promotion Order general public and other Federal Board means the ‘‘Concrete Masonry agencies to comment on proposed and/ Definitions Products Board’’ established under or continuing information collections, Sec. § 1500.40 of this Order. as required by the Paperwork Reduction 1500.1 Act. Act. The Department solicits comments 1500.2 Block Machine. § 1500.4 Cavity. 1500.3 Board. concerning: Whether these ICRs are Cavity means the open space in the necessary for the proper performance of 1500.4 Cavity. 1500.5 Concrete Masonry Products. mold of a block machine capable of the functions of the Department, 1500.6 Concrete Masonry Unit. forming a single concrete masonry unit including whether the information has 1500.7 Conflict of Interest. having nominal plan dimensions of 8 practical utility; the accuracy of the 1500.8 Department. inches by 16 inches. Department’s estimates of the burden of 1500.9 Dry-Cast Concrete. the ICRs; the quality, utility, and clarity 1500.10 Education. § 1500.5 Concrete Masonry Products. of the information to be collected; and 1500.11 Geographic Regions. Concrete masonry products means a whether the burden of collection of 1500.12 Machine Cavities. broader class of products, including information on those who are to 1500.13 Machine Cavities in Operation. concrete masonry units as well as 1500.14 Manufacturer. respond, including through the use of 1500.15 Masonry Unit. hardscape products such as concrete automated collection techniques or 1500.16 Order. pavers and segmental retaining wall other forms of information technology, 1500.17 Person. units, manufactured on a block machine may be minimized. The ICR may be 1500.18 Promotion. using dry-cast concrete.

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§ 1500.6 Concrete Masonry Unit. determining eligibility and is fully 501(c) of the Internal Revenue Code of Concrete masonry unit means a operable and capable of producing 1986 representing the concrete masonry concrete masonry product that is a concrete masonry units. industry or related industries shall serve manmade masonry unit having an as a member of the Board and no actual width of 3 inches or greater and § 1500.14 Manufacturer. member of the Board may serve manufactured from dry-cast concrete Manufacturer means any person concurrently as an officer of the board using a block machine. Such term engaged in the manufacturing of of directors of a national concrete includes concrete block and related commercial concrete masonry products masonry products industry trade concrete units used in masonry in the United States. association. applications. § 1500.15 Masonry Unit. (b) The initial Board and all subsequent Boards, unless modified by § 1500.7 Conflict of Interest. Masonry unit means a noncombustible building product the Board as provided in § 1500.40(d), Conflict of interest means with respect shall be subject to the following: to a member or employee of the Board, intended to be laid by hand or joined using mortar, grout, surface bonding, (1) To ensure fair and equitable a situation in which such member or representation of the concrete masonry employee has a direct or indirect post-tensioning or some combination of these methods. products industry, the composition of financial or other interest in a person the Board shall reflect the geographical that performs a service for, or enters into § 1500.16 Order. distribution of the manufacture of a contract with, for anything of Order means this Concrete Masonry concrete masonry products in the economic value. Products Research, Education, and United States, the types of concrete § 1500.8 Department. Promotion order, including all subparts. masonry products manufactured, and the range in size of manufacturers in the Department means the United States § 1500.17 Person. Department of Commerce. United States. Person means any individual, group (2) No company or its affiliates shall § 1500.9 Dry-Cast Concrete. of individuals, partnership, corporation, have more than two members on the Dry-cast concrete means a composite association, cooperative or any other Board. material that is composed essentially of entity. (c) To the extent possible, dependent aggregates embedded in a binding § 1500.18 Promotion. on the nominees submitted, the medium composed of a mixture of Secretary will strive to appoint at least Promotion means any action, cementitious materials (including two members from each region. including paid advertising, to advance hydraulic cement, pozzolans, or other Similarly, the Secretary will strive to the image and desirability of concrete cementitious materials) and water of appoint at least one member from each masonry products with the express such a consistency to maintain its shape of the following districts: intent of improving the competitive after forming in a block machine. position and stimulating sales of TABLE 1 TO PARAGRAPH (c) § 1500.10 Education. concrete masonry products in the Education means programs that will marketplace. Region District States educate or communicate the benefits of § 1500.19 Research. concrete masonry products in safe and 1 ...... 1 Connecticut, Maine, Mas- Research means studies testing the environmentally sustainable sachusetts, New Hamp- effectiveness of market development development, advancements in concrete shire, Rhode Island, and and promotion efforts, studies relating Vermont. masonry product technology and to the improvement of concrete masonry 2 New York. development, and other information and products and new product 3 Delaware, District of Co- programs designed to generate increased development, and studies documenting lumbia, Maryland, New demand for commercial, residential, the performance of concrete masonry. Jersey, Pennsylvania, multi-family, and institutional projects and West Virginia. using concrete masonry products and to § 1500.20 Secretary. 2 ...... 4 North Carolina, South generally enhance the image of concrete Secretary means the Secretary of the Carolina, and Virginia. masonry products. 5 Alabama, Georgia, Mis- United States Department of Commerce. sissippi, and Ten- § 1500.11 Geographic Regions. § 1500.21 United States. nessee. 6 Florida. Geographic Regions means the United States means the several states groupings of states as delineated in 3 ...... 7 Indiana, Kentucky, and and the District of Columbia. Ohio. § 1500.40(c) of this Order, for the Concrete Masonry Products Board 8 Illinois, Michigan, and Wis- purpose of supporting research, consin. education, and promotion plans and § 1500.40 Establishment and membership. 9 Iowa, Minnesota, Ne- projects. (a) The Board is hereby established to braska, North Dakota, and South Dakota. § 1500.12 Machine Cavities. carry out a program of generic 4 ...... 10 Arkansas, Kansas, Mis- Machine cavities means the cavities promotion, research, and education souri, and Oklahoma. with which a block machine could be regarding concrete masonry products. 11 Louisiana, and Texas. equipped. The Board shall consist of 12 Arizona, and New Mexico. manufacturers and of not fewer than 15 5 ...... 13 Colorado, Utah, and Wyo- § 1500.13 Machine Cavities in Operation. and not more than 25 members ming. Machine cavities in operation means appointed by the Secretary, from 14 Alaska, Idaho, Montana, those machine cavities associated with nominations submitted as set forth in Oregon, and Wash- a block machine that have produced § 1500.41. No employee of an industry ington. 15 California, Hawaii, and Ne- concrete masonry units within the last trade organization exempt from tax vada. six months of the date set for under paragraph (3) or (6) of section

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(d) Three years after the assessment of maximum of two consecutive three-year (d) Each Board member will be concrete masonry units commences terms and may serve additional terms, entitled to one vote on any matter put pursuant to implementation of this of up to two consecutive three-year to vote, and the motion will carry if Order, and at the end of each three-year terms, after rotating off the Board. When supported by one vote more than 50 period thereafter, the Board, subject to the Board is first established, the initial percent of the total votes represented by the review and approval of the members will be assigned initial terms the Board members participating, with Secretary, shall, if warranted, of two, three and four years. Initial the exception of the affirmative vote of recommend to the Secretary the terms will be staggered to assure two-thirds of voting members required reapportionment of the Board continuity. Each term of office will end to change the assessment rate as membership, including but not limited on December 31, with new terms of specified in § 1500.51(c). to modifying the regions and districts office beginning on January 1. Members (e) The Board may form committees as set forth in 1500.40(c), and the serving the initial terms of two and necessary. Committees may consist of allocation of Board members to reflect three years will be eligible to serve a individuals other than Board members. changes in the geographical distribution second term of three years. Committee members shall serve without of the manufacture of concrete masonry Thereafter, each of the positions will compensation. products and the types of concrete carry a full three-year term. (f) When the Board Chair determines masonry products manufactured. Notwithstanding the limitations on that a vote outside a convened Board consecutive terms, a Board member or § 1500.41 Nominations and appointments. meeting is necessary, such vote may alternate Board member may continue take place via electronic means only if (a) For the initial Board, nominations to serve until a successor is appointed members are given fourteen days prior shall be made and submitted to the by the Secretary. notice, and if a majority of the voting Secretary by manufacturers. The Board members participate prior to the Secretary shall consider the § 1500.43 Vacancies. established deadline. Any action so nominations submitted and other Should any Board member position taken shall have the same force and manufacturers for appointment, as the become vacant, an alternate will be effect as though such action had been Secretary may deem appropriate. The appointed by the Secretary for the taken at a regularly convened meeting of Secretary shall appoint the members remainder of the term. Successors to fill the Board. and alternate members of the initial the unexpired terms of the former (g) All votes shall be recorded in Board. alternate member shall be appointed in Board minutes. (b) From the nominations, the the manner specified in § 1500.41. Secretary shall appoint the 15–25 (h) There shall be no voting by proxy. members of the Board and six alternate § 1500.44 Disqualification. (i) Board members shall each have members of the Board within a (a) In the event that any Board one vote. Alternate members shall not reasonable time after receiving member or alternate Board member vote. The Chair and all Board officers nominations. If a voting member vacates ceases to qualify as a manufacturer, shall be elected from voting members of the appointment, the Secretary will such Board member or alternate Board the Board. appoint one of the alternate members to member shall be disqualified from (j) The organization of the Board and fill the unexpired term. The Secretary serving on the Board. the procedures for the conducting of will provide the Board an opportunity (b) If a member of the Board meetings of the Board shall be in to offer a nominee as successor to fill consistently refuses to perform the accordance with its bylaws, which shall the term of the alternate member. In any duties of a member of the Board, or if be established by the Board and case in which the Board fails to submit a member of the Board engages in acts approved by the Secretary. nominations for any open position, the of dishonesty or willful misconduct, the (k) Meetings of the Board and Secretary shall appoint a member Board may recommend to the Secretary committees may be conducted by qualifying for the position under the that the member be removed from office. electronic communications, provided criteria set forth in § 1500.40. All members serve at the pleasure of the that each member and committee (c) Nominations by manufacturers for Secretary. member, if such committee member is Board members, including self- not a member of the Board, is given nominations will be submitted to the § 1500.45 Procedure. prior written notice of the meeting and Board. The Board will evaluate the (a) The Board will meet at least has the opportunity to be present either nominations received, verify the annually. A Board meeting will be physically or by electronic connection. willingness of nominees to serve, and conducted only when a quorum is then will submit to the Secretary at least present. A majority of the Board § 1500.46 Compensation and reimbursement. three nominees for each vacant position. members will constitute a quorum. If The Secretary may also receive participation by telephone or other (a) Members and any alternates of the nominations and may forward them to means is permitted, members Board shall serve without the Board for their consideration. From participating by such means shall count compensation. the nominees not appointed, the as present in determining quorum or (b) If approved by the Board, members Secretary will appoint six alternate other voting requirements set forth in or alternates shall be reimbursed for members for the Board. Alternate this section. reasonable travel expenses, which may members will be non-voting members of (b) At the start of each fiscal period, include per diem allowance or actual the Board. the Board will select a Chair, Vice- subsistence incurred while away from Chair, Secretary-Treasurer and other their homes or regular places of § 1500.42 Term of office. officers as appropriate who will serve in business in the performance of services Board members and any alternates leadership roles throughout that period. for the Board. will serve for a term of three years, (c) The Board will provide members except for the initial members as and manufacturers a minimum of 14 § 1500.47 Powers and duties. described below. Board members and days advance notice of all Board The Board shall have the following any alternates will be able to serve a meetings. powers and duties:

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(a) To administer this Order in and projects as described in this (3) engage in advertising that is false accordance with its terms and § 1500.46(m) shall be subject to the or misleading; conditions and to collect assessments; requirements of all contracts or (4) engage in any promotion, research, (b) To develop and recommend to the agreements described in § 1500.46(l); or education that would be disparaging Secretary for approval such bylaws as (n) To keep minutes, books, and to other construction materials; or may be necessary for the functioning of records that reflect the actions and (5) engage in any promotion or project the Board; transactions of the Board, and promptly that would benefit any individual (c) To make such rules as may be report minutes of each Board meeting to manufacturer. necessary to administer this Order, the Secretary; (b) Paragraph (a) does not preclude: including activities to be carried out (o) To maintain such records and (1) The development and under this Order; books and prepare and submit such recommendation of amendments to the (d) To meet, organize, and select from reports and records from time to time to Order; among the members of the Board a the Secretary as the Secretary may (2) the communication to appropriate Chair, Vice Chair, Secretary-Treasurer prescribe and to make the records government officials of information and other officers, committees, and available to the Secretary for inspection relating to the conduct, implementation, subcommittees, and to vest in such and audit; to make appropriate or results of research, education, and committees and subcommittees such accounting with respect to the receipt promotion activities under the Order responsibilities and authorities as the and disbursement of all funds entrusted except communications described in Board determines to be appropriate; to it; and to keep records that accurately paragraph (a)(1); or (e) To establish regional committees reflect the actions and transactions of (3) any lawful action designed to to administer regional initiatives; the Board; market concrete masonry products (f) To recommend to the Secretary (p) To cause its books to be audited directly to a foreign government or modifications to the geographical by a certified public accountant at the political subdivision of a foreign regions as described in § 1500.40(c); end of each fiscal year and at such other government. (g) To establish working committees times as the Secretary may request, and of persons other than Board members; to submit a report of the audit directly Expenses and Assessments (h) To employ persons, other than the to the Secretary; § 1500.50 Budget and expenses. members, as the Board considers (q) To give the Secretary the same necessary to assist the Board in carrying notice of meetings of the Board and (a) Prior to the beginning of each out its duties and to determine the committees as is given to members, fiscal year, and during the fiscal year as compensation and specify the duties of including committee members if may be necessary, the Board shall such persons; committee members are not members of prepare and submit to the Secretary for (i) To prepare and submit for the the Board, in order that the Secretary’s approval a budget for the fiscal year approval of the Secretary a budget as representative(s) may attend such covering its anticipated expenses and described in § 1500.50(a); meetings, and to keep and report disbursements in administering this (j) To borrow funds necessary for the minutes of each meeting of the Board Order. Such budget shall be deemed startup expenses of this Order; and all committees to the Secretary; approved if the Secretary fails to (k) To develop and carry out research, (r) To furnish to the Secretary any approve or reject the budget within 60 education, and promotion programs and information or records that the Secretary days of receipt, unless the Secretary projects relating to concrete masonry may request; proposes to the Board and to Congress, products, and to pay the costs of such (s) To receive, evaluate, and report to reasonable justification for the delay programs and projects with assessments the Secretary all complaints of and provides a reasonable date by collected under § 1500.51 and other violations of this Order; which approval or disapproval will be income of the Board as provided under (t) To recommend to the Secretary made. The Department may provide § 1500.50(j) and § 1500.62; such amendments to this Order as the such justification in any written format. (l) To enter into contracts or Board considers appropriate; (b) Each such budget shall include: agreements which must be approved by (u) To recommend adjustments to the (1) A statement of objectives and the Secretary before becoming effective, assessments as provided in this Order; strategy for each program, plan, or for the development and carrying out of (v) To notify manufacturers of all project; programs or projects of research, Board meetings through press releases (2) A summary of anticipated revenue, education, and promotion relating to or other means; with comparative data for at least one (w) To invest assessments collected concrete masonry, including with preceding year (except for the initial under this Order in accordance with manufacturer associations or other budget); § 1500.50; and (3) A summary of proposed entities as considered appropriate by the (x) To periodically prepare and make expenditures for each program, plan or Secretary; available to the public and (m) To develop programs and project; and manufacturers reports of its activities projects, and enter into contracts or (4) Staff and administrative expense and, at least once each fiscal period, to agreements related thereto, which must breakdowns, with comparative data for make public an accounting of funds be approved by the Secretary before at least one preceding year (except for received and expended. becoming effective, targeted specifically the initial budget). toward the Geographic Regions § 1500.48 Prohibited activities. (b) Each budget shall provide described in § 1500.40(c) to be (a) The Board shall not engage in any adequate funds to defray its proposed recommended by the relevant regional program or project to, nor shall any expenditures. committees for marketing and research funds received by the Board under the (c) Subject to this section, any projects to benefit manufacturers in Act be used to: amendment or addition to an approved such Geographic Regions pursuant to (1) Influence legislation, elections, or budget must be approved by the the goals of any programs or projects as governmental action; Secretary, including shifting funds from set forth under this Order. The contracts (2) engage in an action that would be one program or project to another. A de or agreements related to such programs a conflict of interest; minimis shift of funds from one

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approved category to another, and not (f) With approval of the Secretary, the the Secretary a proposed compliance exceeding 10% of the funds in either Board may borrow money for the program and its plan to verify category, which does not cause an payment of administrative expenses, compliance with the Act. The increase in the Board’s approved budget subject to the same fiscal, budget and compliance program will outline the and which is consistent with governing audit controls as other funds of the way the Board will receive assessments, bylaws need not have prior approval by Board. Any funds borrowed by the how they will verify compliance, the Secretary. If the Secretary fails to Board shall be expended only for determine the best method to track approve or reject a budget, or an startup costs and capital outlays. sales, and how to document all actions. amendment or addition to an approved (g) The Board shall reimburse the (b) Such assessments shall be levied budget, within 60 days of receipt, such Secretary for all expenses incurred by at a rate of $0.01 per concrete masonry budget shall be deemed approved, the Secretary in the implementation, unit sold by a manufacturer. The Board unless the Secretary provides to the administration and supervision of this may make assessments effective as of Board and to Congress, in writing, Order, including all referendum costs in the effective date of this Order. reasonable justification for the delay connection with this Order. Submission of funds may be made to the and provides a reasonable date by (h) Following the third fiscal year of Board within 60 days of the end of the which approval or disapproval will be operation of the Board, the total cost of first quarter after the Board is made. The Department may provide collection of expenses and established; thereafter submission of such justification in any written format. administrative staff incurred by the funds will be to the board within 60 (d) The Board is authorized to incur Board during any fiscal year shall not days of the end of each quarter. such expenses as the Secretary finds are exceed 10 percent of the projected total (c) At any time following the conduct reasonable and likely to be incurred by assessments to be collected and other of the initial referendum conducted the Board for its maintenance and income received by the Board for that pursuant to this Order, the assessment functioning, and to enable it to exercise fiscal year after any fees owed to the rate will be reviewed by the Board and, its powers and perform its duties in Department are paid. Reimbursements upon the affirmative vote of two-thirds accordance with the provisions of this to the Secretary required under of voting members of the Board, may be Order. Such expenses shall be paid from paragraph (g) of this section are modified; provided that the assessment funds received by the Board. excluded from this limitation on rate may be raised to a maximum of (e) Limitations on obligation of funds: spending. $0.05 cents per unit, that only one (1) In each fiscal year, through fiscal (i) Pending disbursement of increase may be implemented in any year 2030, the Board may not obligate assessments and all other revenue under one-year period, and each individual an amount greater than the sum of— a budget approved by the Secretary, the increase may not exceed $0.01. (i) 73 percent of the amount of Board may invest assessments and all (d) Not less than 50 percent of the assessments estimated to be collected other revenues collected under this assessments (less administration under 1500.51 in such fiscal year section in: expenses) paid by a manufacturer shall (except for fiscal years 2028 and 2029, (1) Obligations of the United States or be used to support research, education, for which the amounts estimated to be any agency of the United States; and promotion programs and projects in collected shall be 62 percent of the (2) General obligations of any state or support of the Geographic Region of the amount of assessments actually any political subdivision of a state; manufacturer. collected in the most recent fiscal year (3) Interest bearing accounts or (e) All assessment payments and for which an audit report has been certificates of deposit of financial reports will be submitted to the office of submitted as of the beginning of the institutions that are members of the the Board quarterly. All quarterly fiscal year for which the amount be Federal Reserve System; or payments are to be received no later obligated is being determined); (4) Obligations fully guaranteed as to than 60 days after the conclusion of (ii) 73 percent of the amount of principal interest by the United States. each quarter. A late payment charge assessments actually collected under (j) Investment income and revenue shall be imposed on any manufacturer 1500.51 in the most recent fiscal year for earned under paragraph (i) are earnings who fails to remit to the Board the total which an audit report has been obtained from assessments that are amount for which any such submitted as of the beginning of the subject to budget approval under manufacturer is liable on or before the fiscal year for which the amount that paragraph (a). due date established by the Board. In may be obligated is being determined, addition to the late payment charge, an less the estimate made pursuant to § 1500.51 Assessments. interest charge shall be imposed on the paragraph (e)(1) of this section for such (a) The collection of assessments on outstanding amount for which the most recent fiscal year; and concrete masonry units will be the manufacturer is liable. The rate of (iii) amounts permitted in preceding responsibility of the manufacturer who interest and late payment charges shall fiscal years to be obligated that have not sells the concrete masonry units. There be specified by the Secretary. been obligated. shall be an assessment on the first sale (f) Manufacturers failing to remit total (2) Assessments collected in excess of of concrete masonry units only and not assessments due in a timely manner the amount permitted to be obligated in on subsequent sales of concrete masonry may also be subject to actions under a fiscal year shall be deposited in an units already assessed. The Federal debt collection procedures. escrow account until the end of fiscal manufacturer will be required to collect (g) The Board may authorize other year 2030. and remit its individual assessments no organizations to collect assessments on (3) Prior to the end of fiscal year 2030, less than quarterly. Manufacturers shall its behalf with the approval of the the Board may not obligate, expend, or identify the total amount due in Secretary. borrow against amounts deposited in assessments on all sales receipts, (h) The Board shall provide the escrow account. Any interest earned invoices or other commercial manufacturers submitting assessments on such amounts shall be deposited in documents of sale as a result of the sale under this Order with the opportunity the escrow account and shall be of concrete masonry units. Within 180 to apply for rebates on assessments unavailable for obligation until the end days of their initial meeting, the Board remitted to the Board for concrete of fiscal year 2030. will provide for review and approval by masonry units not covered by this Order

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and for assessments remitted to the (4) Any subcontractor who enters into between the Board and the party(ies) Board for concrete masonry units sold to a contract with a Board contractor and receiving funds for the development of a purchaser that subsequently failed to who receives or otherwise uses funds such inventions, patents, copyrights or remit payment due to bankruptcy, bad allocated by the Board shall be subject publications. debt or other reasons causing the money to the same provisions as the contractor; Reports, Books, and Records intended to be collected from such sale and to be uncollectible. Those requesting (5) The contract or agreement shall § 1500.70 Reports. rebates in such circumstances must become effective on the approval of the (a) Each manufacturer subject to this provide all necessary documentation as Secretary. Order may be required to provide to the the Board shall determine. (c) Each program or project Board periodically such information as implemented under this Order shall be § 1500.60 Programs and projects. may be required by the Board, with the reviewed or evaluated periodically by approval of the Secretary, which may (a) The Board shall receive and the Board to ensure that it contributes include but not be limited to the evaluate, or on its own initiative to an effective program of research, following: develop, and submit to the Secretary for education, or promotion. If it is found (1) Number and type of concrete approval any program or project by the Board that any such program or masonry units manufactured; authorized under this Order. Such project does not contribute to an (2) Number and type of concrete programs or projects shall provide for: effective program of research, education, masonry units on which an assessment (1) The establishment, issuance, or promotion, then the Board shall, with was paid; effectuation and administration of the approval of the Secretary, terminate (3) Name and address of the appropriate programs for research, such program or project. manufacturer; and education, and promotion with respect (d) Any educational or promotional (4) Date assessment was paid on each to concrete masonry; and activity undertaken with funds provided concrete masonry unit sold. (2) The establishment and conduct of by the Board shall include a statement (b) All reports required under this research with respect to the image, that such activities were supported in § 1500.70 are due to the Board 60 days desirability, use, marketability, quality whole or in part by the Board. after the end of each quarter. or production of concrete masonry (e) Every 2 years the Board shall (c) All reports or information products, to the end that the marketing prepare and make publicly available a submitted pursuant to this paragraph and use of concrete masonry products comprehensive and detailed report that shall be subject to the confidentiality may be encouraged, expanded, includes an identification and restrictions in § 1500.72. improved or made more acceptable and description of all programs and projects § 1500.71 Books and records. to advance the image, desirability or undertaken by the Board during the Each manufacturer subject to this quality of concrete masonry product. previous 2 years as well as those planned for the subsequent 2 years and Order shall maintain and make available (b) No program or project shall be for inspection by the Secretary such implemented prior to its approval by the detail the allocation or planned allocation of Board resources for each books and records as are necessary to Secretary. Once a program or project is carry out the provisions of this Order so approved, the Board shall take such program or project. Such report shall also include: and the regulations issued thereunder, appropriate steps to implement it. If the including such records as are necessary Secretary fails to approve or reject a (1) The overall financial condition of the Board; to verify any reports required. Such contract or agreement for a program or records shall be retained for at least 7 project within 60 days of receipt, the (2) A summary of the amounts obligated or expended during the 2 years beyond the fiscal period of their contract or agreement shall be deemed applicability. approved, unless the Secretary provides preceding fiscal years; and to the Board and to Congress, in writing, (3) A description of the extent to § 1500.72 Confidential treatment. reasonable justification for the delay which the objectives of the Board were (a) Trade secrets and commercial or and provides a reasonable date by met according to the metrics required financial information that is privileged which approval or disapproval will be under § 1500.50(a)(1). or confidential obtained from books, made. The Department may provide § 1500.61 Independent evaluation. records, or reports under the Act, this such justification in any written format. The Board shall authorize and fund Order, and the regulations issued Any such contract or agreement shall thereunder shall be kept confidential by provide that: an independent evaluation of the effectiveness of this Order and other all persons, including all employees and (1) The contractor or agreeing party programs conducted by the Board former employees of the Board, all shall develop and submit to the Board beginning five years after October 5, officers and employees and former a program or project together with a 2018 and every 3 years thereafter. The officers and employees of contracting budget or budgets that shall show the Board shall submit to the Secretary, and and subcontracting agencies or agreeing estimated cost to be incurred for such make available to the public, the results parties having access to such program or project; of each periodic independent evaluation information. Such information shall not (2) The contractor or agreeing party conducted under this paragraph. be available to Board members or shall keep accurate records of all its manufacturers. Only those persons transactions and make periodic reports § 1500.62 Patents, copyrights, trademarks, having a specific need for such to the Board of activities conducted, information, publications, and product information to effectively administer the submit accounting for funds received formulations. provisions of this Order shall have and expended, and make such other Ownership and allocation of rights to access to such information. Such reports as the Secretary or the Board patents, copyrights, inventions, or information may be disclosed only if the may require; publications, developed through the use Secretary considers the information (3) The Secretary may audit the of non-Federal funds remitted to the relevant; and the information is revealed records of the contracting or agreeing Board under the Order shall be in a judicial proceeding or party periodically; determined by written agreement administrative hearing brought at the

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direction or on the request of the This Order shall become effective if (c) Affect or impair any rights or Secretary or to which the Secretary or approved by a majority of manufacturers remedies of the United States, or of the any officer of the Department is a party. voting who also represent a majority of Secretary or of any other persons, with Any officer, employee, or agent of the the machine cavities in operation of respect to any such violation. Department of Commerce or any officer, those manufacturers voting in the employee, or agent of the Board who referendum. § 1500.84 Notice and advance registration. willfully violates this paragraph shall be (b) After the initial referendum, the Not later than 30 days before a fined not more than $1,000 and Secretary shall conduct a referendum referendum is to be conducted under imprisoned for not more than 1 year, or upon the request of the Board, or this Order, the Secretary shall notify all both. Nothing in this section shall be effective beginning on the date that is 5 manufacturers of the period during deemed to prohibit: years after the date of approval of this which the referendum will occur (1) The issuance of general statements Order and at 5-year intervals thereafter, through publication in the Federal based upon the reports of the number of by petition from not less than 25% of Register. The notice shall explain any persons subject to this Order or manufacturers eligible to vote. Each registration and voting procedures. A statistical data collected therefrom, manufacturer eligible to vote in manufacturer who chooses to vote in which statements do not identify the subsequent referenda shall be entitled to any referendum conducted under this information furnished by any person; one vote. For any new proposed order, Order shall register with the Secretary and voter eligibility will be based on the prior to the voting period. (2) The publication, by direction of scope of such proposed order. This the Secretary, of the name of any person Order shall continue if approved by a § 1500.85 Personal liability. who has been adjudged to have violated majority of manufacturers voting who No member or employee of the Board this Order, together with a statement of also represent a majority of the machine shall be held personally responsible, the particular provisions of this Order cavities in operation of those either individually or jointly with violated by such person. manufacturers voting in the referendum. (b) For any officer, employee, or agent others, in any way whatsoever, to any of the Department of Commerce, these § 1500.82 Suspension or termination. person for errors in judgment, mistakes provisions are consistent with and do (a) The Secretary shall suspend or or other acts, either of commission or not supersede, conflict with, or terminate an order or a provision of an omission, as such member or employee, otherwise alter any obligations, rights, order if the Secretary finds that an order except for acts of dishonesty or willful or liabilities created by existing statute or provision of an order obstructs or misconduct. does not tend to effectuate the purpose or Executive Order relating to classified § 1500.86 Separability. information, communications to of the Act, or if the Secretary determines Congress, the reporting to an Inspector that the order or a provision of an order If any provision of this Order is General of a violation of any law, rule, is not favored by a majority of all votes declared invalid or the applicability or regulation, or mismanagement, a cast in the referendum as provided in thereof to any person or circumstances gross waste of funds, an abuse of § 1500.81. If the Secretary suspends or is held invalid, the validity of the authority, or a substantial and specific terminates a provision of an order, the remainder of this Order or the danger to public health or safety, or any order remains in effect minus the applicability thereof to other persons or other whistleblower protection. The suspended or terminated provision. circumstances shall not be affected definitions, requirements, obligations, (b) If, as a result of a referendum thereby. rights, sanctions, and liabilities created conducted under § 1500.81 of this by controlling Executive Orders and Order, the Secretary determines that the § 1500.87 Amendments. statutory provisions are incorporated Order is not approved, the Secretary The Secretary may, from time to time, into this Order and are controlling. shall: amend an order. Amendments to this (1) Not later than 180 days after Miscellaneous Order may be proposed from time to making the determination, suspend or time by the Board or by any interested § 1500.80 Right of the Secretary. terminate collection of assessments person affected by the provisions of the under this Order; and All fiscal matters, programs or Act, including the Secretary. The (2) As soon as practical, suspend or projects, rules or regulations, reports, or provisions of the Act applicable to an terminate activities under this order in other actions proposed and prepared by order shall be applicable to any an orderly manner. the Board shall be submitted to the amendment to an order. Secretary for approval. § 1500.83 Effect of termination or § 1500.88 OMB control number. amendment. § 1500.81 Referenda. Unless otherwise expressly provided The control numbers assigned to the (a) A referendum will be held to by the Secretary, the termination of this information collection request in this determine whether manufacturers favor Order, or the issuance of any subpart by the Office of Management enactment of this Order. A manufacturer amendment to either thereof,1 shall not: and Budget pursuant to the Paperwork shall be considered eligible to vote if the (a) Affect or waive any right, duty, Reduction Act of 1995, 44 U.S.C. manufacturer has manufactured obligation or liability which shall have Chapter 35, is OMB control number [To concrete masonry products during a arisen or which may thereafter arise in be added upon OMB approval of the period of at least 180 days prior to the connection with any provision of this associated information collection first day of the period during which Order or any regulation issued request]. voting in the referendum will occur. For thereunder; Dated: August 6, 2020. the initial referendum, an eligible (b) Release or extinguish any violation person is a manufacturer of concrete of this Order or any regulation issued Kenneth White, units that is subject to the initial rate of thereunder; or Senior Policy Analyst, Under Secretary for assessment in § 1500.51. Each Economic Affairs. manufacturer eligible to vote in the 1 As noted previously, the Department intends to [FR Doc. 2020–17515 Filed 8–21–20; 8:45 am] referendum shall be entitled to one vote. clarify this language in any final order. BILLING CODE 3510–20–P

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CONSUMER PRODUCT SAFETY including any personal identifiers, • Safeguarding against the exercise of COMMISSION contact information, or other personal undue influence on a third party information provided, to: https:// conformity assessment body by a 16 CFR Parts 1107 and 1109 www.regulations.gov. Do not submit manufacturer or private labeler. electronically: confidential business In 2011, in response to the statutory [Docket No. CPSC–2020–0019] information, trade secret information, or direction, the Commission issued two Regulatory Flexibility Act Section 610 other sensitive or protected information regulations related to testing: 16 CFR Review of the Testing and Labeling that you do not want to be available to part 1107, ‘‘Testing and Labeling Regulations Pertaining to Product the public. If you wish to submit such Pertaining to Product Certification’’ Certification of Children’s Products, information, please submit it according (testing regulation or part 1107) and 16 Including Reliance on Component Part to the instructions for written CFR part 1109, ‘‘Conditions and Testing submissions. Requirements for Relying on Docket: For access to the docket to Component Part Testing or Certification, AGENCY: Consumer Product Safety read background documents or or Another Party’s Finished Product Commission. comments received, go to: https:// Certification, to Meet Testing and ACTION: Notification of section 610 www.regulations.gov, and insert the Certification Requirements’’ (component review and request for comments. docket number, CPSC–2020–0019, into part regulation or part 1109). Part 1107 the ‘‘Search’’ box, and follow the implements the above statutory SUMMARY: The Consumer Product Safety prompts. provisions and specifies the records that Commission (Commission or CPSC) is FOR FURTHER INFORMATION CONTACT: must be kept to document the required conducting a review of the regulations Susan Proper, Directorate for Economic testing and test results. Part 1109 for third party testing and certification Analysis, Consumer Product Safety specifies how manufacturers can use to demonstrate compliance with safety Commission, 4330 East West Highway, third party testing of component parts of standards for children’s products, under Bethesda, MD 20814; telephone: (301) products to certify the compliance of a section 610 of the Regulatory Flexibility 504–7628; email: [email protected]. finished product. The intent of the Act (RFA). That section requires the component part regulation was, in part, SUPPLEMENTARY INFORMATION: CPSC to review within 10 years after to provide flexibility to manufacturers their issuance regulations that have a A. The Current Regulations in 16 CFR and importers and to reduce the costs significant economic impact on a Parts 1107 and 1109 and other burdens of testing finished substantial number of small entities. Section 14 of the Consumer Product products. The regulation has specific The testing and component part Safety Act (CPSA), as amended by the requirements that apply to component regulations were promulgated in 2011. Consumer Product Safety Improvement part testing for lead, paint, and The CPSC seeks comment to determine Act of 2008 (CPSIA) and Public Law phthalates requirements. The whether, consistent with the CPSC’s 112–28 (2011), establishes requirements component part regulation also sets statutory obligations, these regulations for the testing and certification of forth requirements for importers and should be maintained without change, products subject to consumer product other suppliers for relying upon third or modified to minimize the significant safety rules under the CPSA, or similar party testing and certificates provided impact of the rules on a substantial rules, bans, standards, or regulations, by their own suppliers. Finally, this part number of small entities. under any other Act enforced by the also specifies record-keeping DATES: Written comments should be Commission. The domestic requirements for the testing of the submitted by October 23, 2020. manufacturer or the importer of the component parts, and requirements to ADDRESSES: You may submit comments, product must issue a certificate that the provide traceability of how the identified by Docket No. CPSC–2020– product complies with applicable safety component parts were used in finished 0019, by any of the following methods: standards. Under section 14(a)(2) of the products. Electronic Submissions: Submit CPSA, the certification of children’s When parts 1107 and 1109 were electronic comments to the Federal products must be based on testing promulgated in 2011, the final eRulemaking Portal at: https:// conducted by an accredited third party regulatory flexibility analysis found that www.regulations.gov. Follow the conformity assessment body (a third the third party testing requirements in instructions for submitting comments. party testing laboratory). Section 14(i)(2) part 1107 would have a significant The CPSC does not accept comments of the CPSA directed the Commission to economic impact on a substantial submitted by electronic mail (email), publish a regulation that would ‘‘initiate number of small entities. In contrast, the except through https:// a program by which a manufacturer or final regulatory flexibility analysis for www.regulations.gov. The CPSC private labeler may label a consumer the component part regulation in part encourages you to submit electronic product as complying with the 1109 found that the regulation would comments by using the Federal certification requirements’’ and to not likely have a significant impact on eRulemaking Portal, as described above. establish protocols and standards for: a substantial number of small entities Mail/hand delivery/courier Written • Ensuring that a children’s product because component part testing is not Submissions: Submit comments by is subject to testing periodically and mandatory. Thus, the only companies mail/hand delivery/courier to: Division when there has been a material change expected to engage in component part of the Secretariat, Consumer Product in the product’s design or testing are companies that believe it will Safety Commission, Room 820, 4330 manufacturing process, and be advantageous to do so. However, East West Highway, Bethesda, MD • The testing of representative OMB determined that both 1107 and 20814; telephone: (301) 504–7479; samples to ensure continued 1109 were considered major rules under 1 email: [email protected]. compliance, and the Congressional Review Act (CRA). Instructions: All submissions must • Verifying that a children’s product 1 The CRA defines a ‘‘major rule’’ as one that has include the agency name and docket tested by a conformity assessment body resulted in or is likely to result in (1) an annual number for this notice. CPSC may post complies with applicable children’s effect on the economy of $100 million or more; (2) all comments received without change, product safety rules, and a major increase in costs or prices for consumers,

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Accordingly, CPSC is conducting a 610 1251 ‘‘Toys: Determinations Regarding C. Review Under Section 610 of the rule review for both regulations. Heavy Elements Limits for Certain Regulatory Flexibility Act Materials’’); B. Efforts To Reduce Burden Generally Section 610(a) of the RFA requires • That some manufactured wood will and on Small Businesses agencies to review regulations within not contain lead, the chemicals ten years after promulgation if they are The Commission has undertaken regulated by the mandatory toy standard expected to have a significant impact on several burden-reduction efforts since ASTM F963 and the prohibited a substantial number of small entities. promulgation of the testing and phthalates (16 CFR part 1252 Because the testing and component part component part regulations. In August ‘‘Children’s Products, Children’s Toys, regulations were issued in 2011, the 2011, after the proposed testing and and Child Care Articles: Determinations Commission now requests comments to component part regulations had been Regarding Lead, ASTM F963 Elements, obtain additional information to inform published in the Federal Register, but and Phthalates for Engineered Wood its section 610 review of the testing before issuance of the final regulations, Products’’); regulations. 5 U.S.C. 610(a). The Congress passed Public Law 112–28 • That some unfinished purpose of the review is to determine (August 12, 2011), ‘‘An Act to Provide manufactured fibers will not contain the whether such rules should be continued the Consumer Product Safety chemicals regulated by the toy standard without change, or should be amended, Commission with Greater Authority and and the prohibited phthalates (16 CFR consistent with the stated objectives of Discretion in Enforcing the Consumer part 1253 ‘‘Children’s Toys and Child applicable statutes, to minimize any Product Safety Laws, and for Other Care Articles: Determinations Regarding significant impact of the rules on a Purposes,’’ which amended various ASTM F963 Elements and Phthalates for substantial number of small entities. sections of the CPSIA. Among other Unfinished Manufactured Fibers’’); and The RFA lists several factors that the things, Public Law 112–28 directed the • That certain plastics will not agency shall consider when reviewing CPSC to seek comment on contain the prohibited phthalates (16 rules under section 610. These factors ‘‘opportunities to reduce the cost of CFR part 1308 ‘‘Prohibition of are: third party testing requirements Children’s Toys and Child Care Articles • The continued need for the rule; consistent with assuring compliance Containing Specified Phthalates: • The nature of complaints or with any applicable consumer product Determinations Regarding Certain comments received concerning the rule safety rule, ban, standard, or Plastics’’). from the public; regulation.’’ Public Law 112–28 also Although CPSC did not issue the • The complexity of the rule; authorized the Commission to issue new above regulations only to address the • The extent to which the rule or revised third party testing regulations impact of the testing regulations on overlaps, duplicates or conflicts with if the Commission determines ‘‘that small businesses, small businesses have other Federal rules, and, to the extent such regulations will reduce third party benefitted from the determinations, feasible, with state and local testing costs consistent with assuring often even more than their larger governmental rules; and compliance with the applicable counterparts. • The length of time since the rule consumer product safety rules, bans, In addition to the materials has been evaluated or the degree to standards, and regulations.’’ Id. determinations regulations discussed which technology, economic conditions, 2063(d)(3)(B). above, the Commission has taken other or other factors have changed in the area In response to the statutory charge to steps to reduce the testing burdens affected by the rule. pursue burden reduction in Public Law imposed by 16 CFR part 1107 since 5 U.S.C. 610(b). 112–28, the Commission has issued promulgation of the regulation. In June The statute continues to require third several regulations that make 2017, the Commission issued a Request party testing and certification of determinations that certain specified for Information (RFI), ‘‘Request for children’s products under section 14 of materials do not contain prohibited Information on Potentially Reducing the CPSA, thus establishing the need for elements or chemicals in excess of the Regulatory Burdens without Harming the testing and component part regulated limits, and therefore, Consumers.’’ The RFI solicited regulations. However, the Commission component parts made from these stakeholder input regarding how to seeks comment to evaluate the other materials do not require third party reduce burdens broadly, to include factors and to determine whether the testing for certification. These include burdens from third party testing. CPSC ongoing impact of the testing and the following regulations for materials has implemented several of the component part regulations are determinations: recommendations in the RFI regarding significant for a substantial number of • That most fabrics used in apparel reducing third party testing burdens. small entities. An important step in the will not contain lead in excess of the CPSC has provided sample conformity review process involves gathering and regulated limits (16 CFR 1500.91 certificates for use by manufactures and analyzing information from affected ‘‘Hazardous Substances and Articles: importers; developed a ‘‘regulatory persons about their experience with the Administration and Enforcement robot’’ on the CPSC website to help rules and any material changes in Regulations’’); small businesses determine the circumstances since issuance of the • That unfinished and untreated regulatory requirements that apply to rules. The Commission requests written wood will not contain the heavy their products; and provided additional comments on the adequacy or elements regulated by the mandatory outreach documents and plain language inadequacy of the testing and toy standard ASTM F963 (16 CFR part instructions for small manufacturers on component part regulations, their small how to comply with CPSC regulations. business impacts, and other relevant individual industries, federal, state, or local government agencies, or geographic regions; or (3) The Commission continues to explore issues. The purpose of these questions significant adverse effects on competition, opportunities to reduce unnecessary is to assist commenters in their employment, investment, productivity, or burdens related to third party testing responses and not to limit the format or innovation, or on the ability of United States-based requirements while assuring compliance substance of their comments. Comments enterprises to compete with foreign-based enterprises in domestic and export markets. 5 with applicable children’s product are requested on all issues raised by U.S.C. 804(2). safety rules. Section 610 of the RFA.

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Safety and Effectiveness regulations that would still be compliance with all applicable safety • Are there any sections of the testing consistent with assuring compliance rules? with all applicable safety rules? and component part regulations that • Labeling Requirements in 16 CFR 1107 could be revised to be made less Are there particular types of burdensome while still being consistent children’s products or small businesses The testing regulation includes a with assuring compliance? How would that are substantially impacted by the subpart on labeling. The regulations these suggested changes affect the testing and component part regulations? specify that manufacturers and private burden on manufacturers and importers How could the regulations be revised to labelers of consumer products may of children’s products, specifically address these specific products or types provide a label that the product ‘‘meets small businesses? Explain your response of small businesses? Please provide data CPSC safety requirements.’’ Such a label and provide supporting data, if possible. and specific examples to support your is permitted but not required. answer. • Costs and Impacts—Manufacturers and Are the labeling requirements clear? Importers of Children’s Products Recordkeeping Requirements Could the testing regulation be revised • • Are the recordkeeping requirements to reduce the burden on small Are there any requirements of the businesses or to increase the ability of testing and component part regulations in the testing and component part regulations inadequate, or overly small businesses to take advantage of that are especially or unnecessarily the opportunity to label their products costly and/or burdensome, particularly burdensome for small businesses? • Could the recordkeeping as being compliant with the CPSC safety to small suppliers of children’s requirements? products? Please explain your response, requirements in the testing and and provide supporting data. component part regulations be changed Changes in Market Conditions Since • Which requirements in the testing in a way that would reduce the 2011 and component part regulations have recordkeeping costs for small businesses • the greatest impact on testing costs? and still be consistent with assuring How have market conditions for Which requirements have the lowest compliance with all applicable safety children’s products changed since 2011 impact on testing costs? We are rules? Please explain your response. for small businesses? Should the testing and component part regulations change especially interested in any differential Component Part Testing impact of the testing requirements on to address these market changes? If so, small businesses. Explain your • Have manufacturers, importers, and how? response, and provide supporting data if private labelers, particularly small • Could the testing and component possible. businesses, been using the flexibilities part regulations be changed to address • The testing regulation provides provided in the component part testing advances in testing technology that have general guidelines on what constitutes a rule (16 CFR part 1109) to reduce their occurred since 2011 that would reduce sufficient number of samples to provide third party testing costs (e.g., relying the burden on small businesses? upon third party testing provided by a ‘‘a high degree of assurance that the • Are there new categories of supplier to certify products or relying tests conducted for certification children’s products that have entered on third party testing of a component purposes accurately demonstrate the the market since 2011 for which the part used in more than one model for ability of the children’s product to meet testing and component part regulations certification purposes)? If so, in what all applicable children’s product safety are particularly burdensome on small way? Can you provide estimates of the rules.’’ Is the current flexibility businesses? provided in the testing regulation for cost savings provided by the component determining sample size helpful or part regulation? Outreach and Advocacy • Are there particular requirements in burdensome to small businesses? Would • more specific requirements on what the component part regulation that are Are the requirements in CPSC’s constitutes an appropriate sample size especially burdensome to small testing and component part regulations reduce the burden on small businesses? businesses and that limit the ability of well understood by businesses that • The testing regulation provides small businesses to take advantage of manufacture or import children’s several options to meet the periodic the opportunities for burden reduction products, particularly small businesses testing requirements, including options that could be offered by the rule? If so, and businesses that build or import to test whenever there is a material how could we revise the requirements children’s products infrequently or in change, every year, every two years, or to reduce the burden on small small lots? How could the requirements every three years. Given model businesses while still assuring of the testing and component part lifecycles for children’s products that compliance with all applicable safety regulations be more effectively would lead to material changes, are rules? communicated to such businesses? these options sufficiently flexible for • Have small businesses had • CPSC has provided a small business small businesses? Are there different difficulty identifying providers of ‘‘regulatory robot’’ and sample options for ‘‘periodic testing’’ that could certified component parts, such as Children’s Product Certificates and reduce the burden on small businesses paint, varnishes, fasteners, small parts, General Certificates of Conformity, and be consistent with assuring and fabrics? If so, are there ways CPSC among other tools. We conduct periodic compliance with the applicable safety could make it easier for small free webinars for small businesses. Our rules? businesses to identify available website has a list of all the accredited • Do testing and component part providers of certified component parts? testing labs, which has been updated to regulations cause delays in bringing • The component part regulation has make it more easily searchable. Are new products to market? Do these specific requirements for component there other documents, instructional impacts particularly affect small part testing for lead, phthalates, and videos, or information of the above businesses? Are there actions CPSC paint. Are these requirements clear? If nature we could provide that would could take to reduce any delay caused not, how could we make them clearer to help small firms comply with the testing by the testing and component part small businesses while still assuring and component part regulations?

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Overall Burden of the Testing and FOR FURTHER INFORMATION CONTACT: short-term rental or lease, long-term Component Part Regulations on Small Molly A. Harry, Center for Food Safety rental or lease, interagency acquisition, Businesses and Applied Nutrition, Food and Drug and, if applicable, acquisition • To what extent, if any, have Administration, 5001 Campus Dr., agreements with a State or local children’s product manufacturers College Park, MD 20740, 240–402–1075. government. increased their use of third party testing SUPPLEMENTARY INFORMATION: In the DATES: Interested parties should submit in response to the third party testing Federal Register of May 8, 2019 (84 FR written comments at the address shown requirements in section 14 of the CPSA 20060), we announced that we had filed below on or before October 23, 2020 to and 16 CFR parts 1107 and 1109? Did a color additive petition (CAP 9C0315), be considered in the formation of the third party testing replace other types of submitted by CooperVision, 5870 final rule. testing or quality assurance activities Stoneridge Dr., Suite 1, Pleasanton, CA ADDRESSES: Submit comments in that the manufacturers or importers had 94588. The petition proposed to amend response to FAR Case 2019–001 to been using to ensure that their products the color additive regulations in 21 CFR Regulations.gov: http:// complied with the applicable product part 73, Listing of Color Additives www.regulations.gov. Submit comments safety rules? Exempt from Certification, to provide via the Federal eRulemaking portal by • Is it possible to estimate the overall for the safe use of disperse orange 3 searching for ‘‘FAR Case 2019–001’’. burden of the testing and component methacrylamide (CAS Reg. 58142–15–7; Select the link ‘‘Comment Now’’ that part regulations, perhaps as a percentage CAS name 2-propenamide, 2-methyl-N- corresponds with FAR Case 2019–001. of revenue, over and above what [4-[2-(4-nitrophenyl)diazenyl]phenyl]-) Follow the instructions provided at the businesses would have spent to ensure as a color additive in silicone-based ‘‘Comment Now’’ screen. Please include compliance with the applicable product hydrogel contact lenses. The color your name, company name (if any), and safety rules in the absence of the testing additive was intended to copolymerize ‘‘FAR Case 2019–001’’ on your attached and component part regulation? with various monomers in the contact document. If your comment cannot be Alberta E. Mills, lens formulation to produce colored submitted using https:// Secretary, Consumer Product Safety contact lenses. Through this notice, we www.regulations.gov, call or email the Commission. are announcing that CooperVision has points of contact in the FOR FURTHER INFORMATION CONTACT [FR Doc. 2020–16441 Filed 8–21–20; 8:45 am] withdrawn the petition without section of this prejudice to a future filing (21 CFR document for alternate instructions. BILLING CODE 6355–01–P 71.6(c)(2)). Instructions: Please submit comments Dated: July 31, 2020. only and cite ‘‘FAR case 2019–001’’ in all correspondence related to this case. DEPARTMENT OF HEALTH AND Lowell J. Schiller, All comments received will be posted HUMAN SERVICES Principal Associate Commissioner for Policy. without change to http:// [FR Doc. 2020–17195 Filed 8–21–20; 8:45 am] Food and Drug Administration www.regulations.gov, including any BILLING CODE 4164–01–P personal and/or business confidential 21 CFR Part 73 information provided. FOR FURTHER INFORMATION CONTACT: Mr. [Docket No. FDA–2019–C–1782] DEPARTMENT OF DEFENSE Michael O. Jackson, Procurement Analyst, at 202–208–4949, or by email CooperVision, Inc.; Withdrawal of GENERAL SERVICES Color Additive Petition at [email protected], for ADMINISTRATION clarification of content. For information AGENCY: Food and Drug Administration, pertaining to status or publication HHS. NATIONAL AERONAUTICS AND schedules, contact the Regulatory SPACE ADMINISTRATION ACTION: Notification; withdrawal of Secretariat Division at 202–501–4755 or petition. [email protected]. Please cite FAR 48 CFR Part 7 case 2019–001. SUMMARY: The Food and Drug [FAR Case 2019–001, Docket No. FAR– SUPPLEMENTARY INFORMATION: Administration (FDA or we) is 2019–0020, Sequence No. 1] announcing the withdrawal, without I. Background prejudice to a future filing, of a color RIN 9000–AN84 On July 16, 2013, DoD, GSA, and additive petition (CAP 9C0315) NASA published a Request for proposing that the color additive Federal Acquisition Regulation: Analysis for Equipment Acquisitions Information (RFI) in the Federal regulations be amended to provide for Register (78 FR 42524) to determine the safe use of disperse orange 3 AGENCY: Department of Defense (DoD), whether there is a distinction between methacrylamide as a color additive in General Services Administration (GSA), renting and leasing that is useful for the contact lenses. and National Aeronautics and Space purposes of FAR subpart 7.4. The public DATES: The color additive petition was Administration (NASA). comment period closed in September withdrawn on June 15, 2020. ACTION: Proposed rule. 2013 and 13 respondents provided ADDRESSES: For access to the docket to comments in response to the RFI. A read background documents or SUMMARY: DoD, GSA, and NASA are review of the public comments comments received, go to https:// proposing to amend the Federal identified that there are differences www.regulations.gov and insert the Acquisition Regulation (FAR) to between renting and leasing in many docket number found in brackets in the implement a section of the FAA industries, but there are no standard heading of this document into the Reauthorization Act of 2018, which differences between renting and leasing ‘‘Search’’ box and follow the prompts, requires, when acquiring equipment, a that span across all industries. As a and/or go to the Dockets Management case-by-case analysis of cost and other result of the review, FAR case 2017–017 Staff, 5630 Fishers Lane, Rm. 1061, factors associated with certain methods was opened to clarify the term ‘‘lease’’, Rockville, MD 20852. of acquisition, including purchase, as used in the FAR and a proposed rule

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was published in the Federal Register incorporate section 555 of the FAA ‘‘rental method’’ of acquisition, in order on September 5, 2018, at 83 FR 45072; Reauthorization Act of 2018. to identify the unique properties and six respondents provided comments in Response: FAR case 2017–017 was benefits of renting. A respondent asserts response to the proposed rule. closed and rolled into FAR case 2019– that codification of a definitive On October 5, 2018, the FAA 001, specifically to implement section definition of ‘‘rental method’’, Reauthorization Act of 2018 (Pub. L. 555 of the FAA Reauthorization Act of ‘‘equipment rental’’, and ‘‘lease 115–254) became law and included 2018. method’’ is necessary for contracting section 555, ‘‘Cost-Effectiveness 3. Factors To Consider officers to understand the differences Analysis of Equipment Rental.’’ (FAA between both methods, and impossible stands for Federal Aviation Comment: A number of respondents for the Government to execute a rental Administration.) FAR case 2017–017 suggested the following additional agreement. was subsequently closed and this FAR factors that could be considered in the Response: The purpose of FAR case 2019–001 was opened to analysis and decision to rent, lease, or subpart 7.4 is to facilitate an analysis implement the requirements of section purchase equipment— and a decision on whether it is in the • How long the equipment is needed 555. The Civilian Agency Acquisition best interest of the Government to and how long it will be in use (or its Council and the Defense Acquisition purchase a piece of equipment versus useful life); obtaining the equipment via any other Regulations Council (the Councils) • Cancellation, extension, and early reviewed the public comments received non-purchase method. As a result, this return conditions in the agreement; case includes the word ‘‘rent’’ in response to FAR case 2017–017 in • Maintenance requirements for the developing this proposed rule and are throughout FAR subpart 7.4 text, to equipment and the cost to the ensure that contracting officers are dispositioned in this notice. Government under various acquisition This rule implements section 555 of aware that rental agreements are an methods, to include any maintenance acceptable non-purchase acquisition the FAA Reauthorization Act of 2018, requirements specific to an industry which: method for equipment, and implements (e.g., test and measurement equipment); additional factors to be considered in • Requires an agency to acquire • Whether the agreement includes an the analysis that account for the unique equipment using the method of option to purchase the equipment, and, benefits that rental agreements may acquisition that is most advantageous to if so, the cost benefit to the Government the Government based on a case-by-case provide for the Government. in such an option; Comment: A respondent advised that analysis of comparative costs and other • Repair, transport, storage, defining the difference between renting factors (to include the factors in FAR insurance, environmental and licensing and leasing will help agencies meet section 7.401); requirements for the equipment and the their small business goals, as a majority • cost to the Government under various Identifies methods of acquisition of heavy equipment leases would fall that must be considered, at a minimum, acquisition methods; • Whether the equipment can be under the simplified acquisition in the analysis; and threshold and; therefore, be awarded to • Requires the FAR to implement the swapped out or exchanged; • Availability or delivery of small businesses. requirements of the section and identify Response: This rule proposes to add the factors agencies should or shall equipment to meet Government needs and timeline. the word ‘‘rent’’ throughout the text of consider to perform the case-by-case FAR subpart 7.4, as appropriate, to analysis. Response: While section 555 serves as the main impetus for this proposed rule, ensure contracting officers are aware II. Discussion and Analysis the suggestions and comments on FAR that rental agreements are an acceptable case 2017–017 have been taken into non-purchase method of equipment To implement the requirements of the acquisition. law, described above, this rule proposes account and additional factors have to amend FAR subpart 7.4 to: Require been added to FAR 7.401(b)(1) and 5. Guidance/Resources (b)(2). the comparison of purchase, short-term Comment: A respondent advised that rental or lease, long-term rental or lease, 4. Renting/Leasing providing acquisition officials with the interagency acquisition, and agency Comment: Several respondents guidance in OMB Circular A–94 will acquisition agreements with State or expressed concern that the proposed cause confusion, as the guidance does local governments as a method of rule did not clarify the differences not apply to short-term rentals and acquisition for equipment; include the between renting and leasing, including eliminates the possibility that an term ‘‘rent,’’ where applicable; and add those specific to the heavy equipment acquisition official would consider factors to be considered when industry, and that without this rental as an acquisition option since the evaluating various methods of recognition, the Government will waste proposed rule makes rentals and leases acquisition. money by grouping these two categories synonymous. A discussion of the comments together. Response: The purpose of referring to received under proposed rule 2017–017 Response: Additional considerations the OMB Circular is to make the is provided as follows: unique to renting have been added to contracting officer aware of additional information that may be relevant in 1. Support for the Rule FAR 7.401(b)(1) and (b)(2). However, the proposed rule does not differentiate determining the method of acquisition Comment: Several of the respondents between rent and leasing because there that is most advantageous to the expressed support for the rule. are no standard differences between Government. The reference is not Response: The Councils acknowledge these practices that span across all intended to preclude consideration of the public support for the rule. industries. As a result, the rent as a method of acquisition, but respondents to the proposed rule are 2. Incorporate Section 555 Into the recommended clarification could have the unintended consequence of creating encouraged to offer suggested Proposed Rule new confusion. clarifications. Comment: A respondent advised that Comment: Several respondents Comment: A respondent suggested the proposed rule should be modified to recommended implementing a separate that the GSA website provided to

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contracting officers for additional proposed rule is not a major rule under Regulatory Secretariat. DoD, GSA and information may be too narrow of a 5 U.S.C. 804. NASA invite comments from small resource, as it pertains to a program that business concerns and other interested V. Executive Order 13771 is akin to a hardware store, home parties on the expected impact of this improvement center, or are The rulemaking is not subject to E.O. rulemaking on small entities. maintenance, repair, and operations 13771, because this proposed rule is not DoD, GSA, and NASA will also supplies. The respondent recommends a significant regulatory action under consider comments from small entities providing another resource that can E.O. 12866. concerning the existing regulations in assist agencies with rental, lease, or VI. Regulatory Flexibility Act subparts affected by this proposed rule purchase decisions for a broader scope consistent with 5 U.S.C. 610. Interested of products. DoD, GSA, and NASA do not expect parties must submit such comments Response: The GSA customer service this rulemaking to have a significant separately and should cite 5 U.S.C. 610 information and website at FAR economic impact on a substantial (FAR Case 2019–001) in 7.403(b)(1) and (b)(2) are provided as number of small entities within the correspondence. current sources Federal agencies may meaning of the Regulatory Flexibility use when they need assistance with a Act, 5 U.S.C. 601, et seq. However, an VII. Paperwork Reduction Act buy, rent, or lease decision. Agencies initial regulatory flexibility analysis has The proposed rule does not contain may provide supplemental guidance, as been performed and is summarized as any information collection requirements needed, to meet their unique needs and follows: that require the approval of the Office of requirements. The Department of Defense (DoD), General Management and Budget under the Services Administration (GSA), and National Paperwork Reduction Act (44 U.S.C. 6. Amend GSA Security Schedule Aeronautics and Space Administration chapter 35). Comment: A respondent (NASA) are proposing to revise the Federal recommended amending the GSA Acquisition Regulation (FAR) to require, List of Subjects in 48 CFR Part 7 Security Schedule 84 to permit leasing when acquiring equipment, a case-by-case Government Procurement. of equipment, by Federal, State, and analysis of cost and other factors associated with certain methods of acquisition. Local law enforcement and emergency William F. Clark, The objective of the rule is to ensure Director, Office of Government-Wide response agencies, through the schedule agencies acquire equipment using the contracts and make conforming changes Acquisition Policy, Office of Acquisition method of acquisition that is most Policy, Office of Government-Wide Policy. within the contract that clarify the advantageous to the Government based on a applicable terms and conditions that case-by-case analysis of comparative costs Therefore, DoD, GSA, and NASA apply when purchasing versus leasing and other factors. The legal basis for the rule propose amending 48 CFR part 7 as set equipment under the Schedule. is section 555 of the FAA Reauthorization forth below: Response: This comment is outside Act of 2018 (Pub. L. 115–254). the scope of FAR case 2017–017 and the DoD, GSA, and NASA do not expect this PART 7—ACQUISITION PLANNING rule to have a significant economic impact on scope of the current proposed rule. a substantial number of small entities within ■ 1. The authority citation for 48 CFR III. Applicability to Contracts at or the meaning of the Regulatory Flexibility Act, part 7 continues to read as follows: Below the Simplified Acquisition 5 U.S.C. 601, et seq. The rule primarily affects internal Government requirements Authority: 40 U.S.C. 121(c); 10 U.S.C. Threshold (SAT) and for Commercial determination decisions, acquisition strategy chapter 137; and 51 U.S.C. 20113. Items, Including Commercially decisions, and contract file documentation ■ 2. Revise the heading of subpart 7.4 to Available Off-the-Shelf (COTS) Items requirements. The Government does not read as follows: This proposed rule does not create collect data on the total number of solicitations issued on an annual basis that any new provisions or clauses, nor does Subpart 7.4—Equipment Acquisition it change the applicability of any are subject to the analysis of FAR subpart 7.4. However, the Federal Procurement Data existing provisions or clauses included ■ 3. Revise section 7.400 to read as System (FPDS) collects information on the follows: in solicitations and contracts valued at product service code (PSC) assigned to a or below the SAT, or for commercial contract based on the predominant supply or 7.400 Scope of subpart. items, including COTS items. service being acquired. FPDS data for FY 2016–2018, on PSCs for approximately 100 This subpart— IV. Executive Orders 12866 and 13563 types of equipment and 80 types of (a) Implements section 555 of the Executive Orders (E.O.s) 12866 and equipment rental or lease services, indicates FAA (Federal Aviation Administration) 13563 direct agencies to assess all costs that the Federal Government awards an Reauthorization Act of 2018 (Pub. L. and benefits of available regulatory average of 125,940 new contracts and orders 115–254); alternatives and, if regulation is annually; of which approximately 54,845 (44 (b) Provides guidance when acquiring necessary, to select regulatory percent) were awarded to approximately equipment and more than one method 6,940 unique small businesses. approaches that maximize net benefits of acquisition is available for use; and The proposed rule does not impose any (c) Applies to both the initial (including potential economic, Paperwork Reduction Act reporting or environmental, public health and safety recordkeeping requirements on any small acquisition of equipment and the effects, distributive impacts, and entities. The proposed rule does not renewal or extension of existing equity). E.O. 13563 emphasizes the duplicate, overlap, or conflict with any other equipment leases or rental agreements. importance of quantifying both costs Federal rules. There are no known significant ■ 4. Revise section 7.401 to read as and benefits, of reducing costs, of alternative approaches to the proposed rule follows: harmonizing rules, and of promoting that would meet the proposed objectives. flexibility. This is not a significant The Regulatory Secretariat has 7.401 Acquisition considerations. regulatory action and, therefore, was not submitted a copy of the IRFA to the (a)(1) Agencies shall acquire subject to review under section 6(b) of Chief Counsel for Advocacy of the Small equipment using the method of E.O. 12866, Regulatory Planning and Business Administration. A copy of the acquisition most advantageous to the Review, dated September 30, 1993. This IRFA may be obtained from the Government based on a case-by-case

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analysis of comparative costs and other complex equipment; e.g., can the ■ 6. Amend section 7.403 by— factors in accordance with this subpart equipment be serviced by the ■ a. Revising the section heading; and agency procedures. Government or other sources if it is ■ b. Removing from paragraph (a) ‘‘in (2) The methods of acquisition to be purchased? lease or’’ and adding ‘‘in lease, rent, or’’ compared in the analysis shall include, (c) The analysis in paragraph (a) is not in its place; at a minimum— required— ■ c. Revising paragraph (b); and (i) Purchase; (1) When the President has issued an ■ d. Adding paragraph (c). (ii) Short-term rental or lease; emergency declaration or a major The revised and added text reads as (iii) Long-term rental or lease; disaster declaration pursuant to the follows: (iv) Interagency acquisition (see Robert T. Stafford Disaster Relief and 2.101); and Emergency Assistance Act (42 U.S.C. 7.403 General Services Administration (v) Agency acquisition agreements, if 5121 et seq.); assistance and OMB Guidance. applicable, with a State or local (2) In other emergency situations if * * * * * government. the agency head makes a determination (b)(1) The factors to be compared in (b) For additional GSA assistance and that obtaining such equipment is guidance, agencies may— the analysis shall include, at a necessary in order to protect human life (1) Request information from the GSA minimum: or property; or FAS National Customer Service Center (i) Estimated length of the period the (3) When otherwise authorized by by phone at 1–800–488–3111 or by equipment is to be used and the extent law. email at [email protected]; of use within that period; ■ 5. Amend section 7.402 by— and (ii) Financial and operating ■ a. Removing from paragraph (a)(1) advantages of alternative types and ‘‘cumulative leasing’’ and adding (2) See GSA website, Schedule 51 V makes of equipment; ‘‘cumulative rental or leasing’’ in its Hardware Superstore–Equipment (iii) Cumulative rent, lease, or other place; Rental, (https://www.gsa.gov/ periodic payments, however described, ■ b. Removing from paragraph (a)(2) acquisition/purchasing-programs/gsa- for the estimated period of use; ‘‘favor of leasing’’ and adding ‘‘favor of schedules/list-of-gsa-schedules/ (iv) Net purchase price; renting or leasing’’ in its place; schedule-51-vhardware-superstore/ (v) Transportation, installation, and ■ c. Revising the heading and equipment-rental-and-leasing). storage costs; introductory text of paragraph (b)(1); (c) For additional OMB guidance, (vi) Maintenance, repair, and other ■ d. Revising paragraph (b)(2); see— service costs; and ■ e. Removing from paragraph (b)(3) (1) Section 13, Special Guidance for (vii) Potential obsolescence of the ‘‘long term lease’’ and adding ‘‘long Lease-Purchase Analysis, and paragraph equipment because of imminent term rental or lease agreement’’ in its 8.c.(2), Lease-Purchase Analysis, of technological improvements. place; and OMB Circular A–94, Guidelines and (2) The following additional factors ■ f. Removing from paragraph (b)(4) ‘‘If Discount Rates for Benefit-Cost Analysis should be considered, as appropriate, a lease with option’’ and adding ‘‘If a of Federal Programs, (https:// depending on the type, cost, rental or lease agreement with option’’ www.whitehouse.gov/sites/ complexity, and estimated period of use in its place. whitehouse.gov/files/omb/circulars/ of the equipment: The revised text reads as follows: A94/a094.pdf); and (i) Availability of purchase options. (2) Appendix B, Budgetary Treatment (ii) Cancellation, extension, and early 7.402 Acquisition methods. of Lease-Purchases and Leases of Capital return conditions and fees. * * * * * Assets, of OMB Circular A–11, (iii) Ability to swap out or exchange (b) Rent or lease method. (1) The rent equipment. Preparation, Submission, and Execution or lease method is appropriate if it is to of the Budget, (https:// (iv) Available warranties. the Government’s advantage under the (v) Insurance, environmental, or www.whitehouse.gov/wp-content/ circumstances. The rent or lease method uploads/2018/06/app_b.pdf). licensing requirements. may also serve as a short-term measure (vi) Potential for use of the equipment when the circumstances— 7.404 [Amended] by other agencies after its use by the ■ acquiring agency is ended. * * * * * 7. Removing from the text ‘‘a lease (vii) Trade-in or salvage value. (2) If a rent or lease method is with’’ and adding ‘‘a rental or lease (viii) Imputed interest. justified, a rental or lease agreement agreement with’’ in its place. (ix) Availability of a servicing with option to purchase is preferable. [FR Doc. 2020–15769 Filed 8–21–20; 8:45 am] capability, especially for highly * * * * * BILLING CODE 6820–EP–P

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Notices Federal Register Vol. 85, No. 164

Monday, August 24, 2020

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: For information collection. These comments contains documents other than rules or information on volunteer service will help us: proposed rules that are applicable to the agreements and volunteer service time (1) Evaluate whether the collection of public. Notices of hearings and investigations, and attendance record, contact Ms. information is necessary for the proper committee meetings, agency decisions and Beverly Cassidy, HR Specialist, HR performance of the functions of the rulings, delegations of authority, filing of Agency, including whether the petitions and applications and agency Policy, HRD, MRPBS, APHIS, 4700 statements of organization and functions are River Road Unit 21, Riverdale, MD, information will have practical utility; examples of documents appearing in this 20737; (301) 851–2914. For more (2) Evaluate the accuracy of our section. detailed information on the information estimate of the burden of the collection collection process, contact Mr. Joseph of information, including the validity of Moxey, APHIS’ Information Collection the methodology and assumptions used; DEPARTMENT OF AGRICULTURE Coordinator, at (301) 851–2533. (3) Enhance the quality, utility, and SUPPLEMENTARY INFORMATION: clarity of the information to be Animal and Plant Health Inspection Title: Volunteer Service Agreements collected; and Service and Volunteer Service Time and (4) Minimize the burden of the [Docket No. APHIS–2020–0051] Attendance Record. collection of information on those who OMB Control Number: 0579–XXXX. are to respond, through use, as Notice of Request for Approval of an Type of Request: Approval of a new appropriate, of automated, electronic, Information Collection; Volunteer information collection. mechanical, and other collection Service Agreements and Volunteer Abstract: Section 1526 of the Food technologies; e.g., permitting electronic Service Time and Attendance Record and Agricultural Act of 1981 (7 U.S.C. submission of responses. 2272) permits the Secretary of Estimate of burden: The public AGENCY: Animal and Plant Health burden for this collection of information Inspection Service, Agriculture (USDA). Agriculture to establish a program to use volunteers to carry out U.S. Department is estimated to average 0.22 hours per ACTION: New information collection; of Agriculture (USDA) programs. response. comment request. Departmental Regulation No. 4230–001, Respondents: Individuals engaged in activities for which they are not paid, SUMMARY: In accordance with the Volunteer Programs, provides the guidelines USDA agencies must use for except for authorized expenses Paperwork Reduction Act of 1995, this associated with performance of notice announces the Animal and Plant acceptance of volunteers and sets a requirement for agencies to publish volunteer activities. Health Inspection Service’s intention to Estimated annual number of their guidelines. Office of Personnel request approval of a new information respondents: 85. Management (OPM) regulations in 5 collection associated with volunteer Estimated annual number of CFR part 308 provide agencies with the service agreements and volunteer responses per respondent: 2. service time and attendance record. authority to establish programs designed Estimated annual number of DATES: We will consider all comments to provide educationally related responses: 170. that we receive on or before October 23, volunteer assignments for students in Estimated total annual burden on 2020. nonpay status. respondents: 38 hours. (Due to ADDRESSES: You may submit comments The Marketing and Regulatory averaging, the total annual burden hours by either of the following methods: Programs (MRP) mission area of USDA may not equal the product of the annual • Federal eRulemaking Portal: Go to uses several information collection number of responses multiplied by the http://www.regulations.gov/ activities to assist MRP program reporting burden per response.) #!docketDetail;D=APHIS-2020-0051. officials, administrative personnel, and All responses to this notice will be • Postal Mail/Commercial Delivery: USDA Human Resources offices in summarized and included in the request Send your comment to Docket No. determining a volunteer’s eligibility and for OMB approval. All comments will APHIS–2020–0051, Regulatory Analysis suitability for volunteer service. The also become a matter of public record. and Development, PPD, APHIS, Station information is necessary to facilitate 3A–03.8, 4700 River Road Unit 118, establishment of guidelines for Done in Washington, DC, this 18th day of August, 2020. Riverdale, MD 20737–1238. acceptance of volunteer services under Supporting documents and any the above authorities and regulations, Michael Watson, comments we receive on this docket make a determination of an individual’s Acting Administrator, Animal and Plant may be viewed at http:// eligibility and suitability to serve as a Health Inspection Service. www.regulations.gov/ volunteer in MRP, and comply with [FR Doc. 2020–18528 Filed 8–21–20; 8:45 am] #!docketDetail;D=APHIS-2020-0051 or OPM regulations requiring BILLING CODE 3410–34–P in our reading room, which is located in documentation of volunteer service and Room 1141 of the USDA South maintenance of records. Building, 14th Street and Independence We are asking the Office of COMMISSION ON CIVIL RIGHTS Avenue SW, Washington, DC. Normal Management and Budget (OMB) to reading room hours are 8 a.m. to 4:30 approve our use of these information Notice of Public Meeting of the Nevada p.m., Monday through Friday, except collection activities for 3 years. Advisory Committee holidays. To be sure someone is there to The purpose of this notice is to solicit AGENCY: Commission on Civil Rights. help you, please call (202) 799–7039 comments from the public (as well as ACTION: Announcement of meeting. before coming. affected agencies) concerning our

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SUMMARY: Notice is hereby given, work of this Committee are directed to with hearing impairments may also pursuant to the provisions of the rules the Commission’s website, http:// follow the proceedings by first calling and regulations of the U.S. Commission www.usccr.gov, or may contact the the Federal Relay Service at 1–800–877– on Civil Rights (Commission) and the Regional Programs Unit at the above 8339 and providing the Service with the Federal Advisory Committee Act email or street address. conference call number and (FACA) that a teleconference meeting of confirmation code. Agenda the Nevada Advisory Committee Members of the public are entitled to (Committee) to the Commission will be I. Welcome submit written comments; the held at 1:00 p.m. (Pacific Time) II. Review Statement of Concern comments must be received in the Wednesday, September 9, 2020. The III. Vote on Topic of Study regional office within 30 days following purpose of the meeting is to vote on a IV. Public Comment the meeting. Written comments may be statement of concern regarding voting V. Adjournment mailed to the Regional Programs Unit, access during the COVID–19 pandemic Dated: August 19, 2020. U.S. Commission on Civil Rights, 230 S and vote on topic of study. David Mussatt, Dearborn, Suite 2120, Chicago, IL DATES: The meeting will be held on Supervisory Chief, Regional Programs Unit. 60604. They may also be faxed to the Wednesday, September 9, 2020 at 1:00 [FR Doc. 2020–18550 Filed 8–21–20; 8:45 am] Commission at (312) 353–8324, or p.m. PT. emailed to Corrine Sanders at csanders@ BILLING CODE P ADDRESSES: Public Call Information: usccr.gov. Persons who desire Dial: 800–367–2403, Conference ID: additional information may contact the 3569544 COMMISSION ON CIVIL RIGHTS Regional Programs Unit at (312) 353– 8311. FOR FURTHER INFORMATION CONTACT: Ana Victoria Fortes (DFO) at afortes@ Notice of Public Meeting of the Records generated from this meeting usccr.gov or (202) 681–0857. Mississippi Advisory Committee to the may be inspected and reproduced at the U.S. Commission on Civil Rights Regional Programs Unit Office, as they SUPPLEMENTARY INFORMATION: This become available, both before and after meeting is available to the public AGENCY: U.S. Commission on Civil the meeting. Records of the meeting will through the following toll-free call-in Rights. be available via www.facadatabase.gov number: 800–367–2403, conference ID ACTION: Announcement of meeting. under the Commission on Civil Rights, number: 3569544. Any interested Mississippi Advisory Committee link. member of the public may call this SUMMARY: Notice is hereby given, Persons interested in the work of this number and listen to the meeting. pursuant to the provisions of the rules Committee are directed to the Callers can expect to incur charges for and regulations of the U.S. Commission Commission’s website, http:// calls they initiate over wireless lines, on Civil Rights (Commission) and the www.usccr.gov, or may contact the and the Commission will not refund any Federal Advisory Committee Act that Regional Programs Unit at the above incurred charges. Callers will incur no the Mississippi Advisory Committee email or street address. charge for calls they initiate over land- (Committee) will hold a meeting on line connections to the toll-free Friday October 2, 2020 at 12:00 p.m. Agenda telephone number. Persons with hearing Central time. The Committee will I. Welcome and roll call impairments may also follow the discuss their next topic of civil rights II. Discussion: Civil Rights in proceedings by first calling the Federal study in Mississippi. Mississippi Relay Service at 1–800–877–8339 and DATES: The meeting will take place on III. Public comment providing the Service with the Friday October 2, 2020 at 12:00 p.m. IV. Next steps conference call number and conference Central Time. V. Adjournment ID number. Public Call Information: Dial: 800– Dated: August 19, 2020. Members of the public are entitled to 367–2403, Confirmation Code: 6227086 make comments during the open period David Mussatt, FOR FURTHER INFORMATION CONTACT: at the end of the meeting. Members of Supervisory Chief, Regional Programs Unit. Melissa Wojnaroski, DFO, at the public may also submit written [FR Doc. 2020–18551 Filed 8–21–20; 8:45 am] [email protected] or (312) 353– comments; the comments must be 8311 BILLING CODE P received in the Regional Programs Unit within 30 days following the meeting. SUPPLEMENTARY INFORMATION: Members Written comments may be mailed to the of the public may listen to this DEPARTMENT OF COMMERCE Western Regional Office, U.S. discussion through the above call in Commission on Civil Rights, 300 North number. An open comment period will International Trade Administration Los Angeles Street, Suite 2010, Los be provided to allow members of the [C–570–125] Angeles, CA 90012 or email Ana public to make a statement as time Victoria Fortes at [email protected]. allows. The conference call operator Certain Vertical Shaft Engines Between Records and documents discussed will ask callers to identify themselves, 99cc and up to 225cc, and Parts during the meeting will be available for the organization they are affiliated with Thereof, From the People’s Republic of public viewing prior to and after the (if any), and an email address prior to China: Preliminary Affirmative meeting at https:// placing callers into the conference Countervailing Duty Determination and www.facadatabase.gov/FACA/FACA room. Callers can expect to incur regular Alignment of Final Determination With PublicViewCommitteeDetails?id= charges for calls they initiate over Final Antidumping Duty Determination a10t0000001gzlJAAQ. wireless lines, according to their Records generated from this meeting wireless plan. The Commission will not AGENCY: Enforcement and Compliance, may also be inspected and reproduced refund any incurred charges. Callers International Trade Administration, at the Regional Programs Unit, as they will incur no charge for calls they Department of Commerce. become available, both before and after initiate over land-line connections to SUMMARY: The Department of Commerce the meeting. Persons interested in the the toll-free telephone number. Persons (Commerce) preliminarily determines

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that countervailable subsidies are being the Preliminary Decision Memorandum Alignment provided to producers and exporters of are identical in content. As noted in the Preliminary Decision certain vertical shaft engines between Scope of the Investigation Memorandum, in accordance with 99cc and up to 225cc, and parts thereof section 705(a)(1) of the Act and 19 CFR (small vertical engines), from the The products covered by this 351.210(b)(4), Commerce is aligning the People’s Republic of China (China). The investigation are small vertical engines final countervailing duty (CVD) period of investigation is January 1, between 99cc and up to 225cc, and parts determination in this investigation with 2019 through December 31, 2019. thereof, from China. For a complete the final determination in the Interested parties are invited to description of the scope of this companion antidumping duty (AD) comment on this preliminary investigation, see Appendix I. investigation of small vertical engines determination. Scope Comments from China based on a request made by DATES: Applicable August 24, 2020. the petitioner.9 Consequently, the final FOR FURTHER INFORMATION CONTACT: Ajay In accordance with the preamble to CVD determination will be issued on Menon or Adam Simons, AD/CVD Commerce’s regulations,4 the Initiation the same date as the final AD Operations, Office II, Enforcement and Notice set aside a period of time for determination, which is currently Compliance, International Trade parties to raise issues regarding product scheduled to be issued no later than Administration, U.S. Department of coverage, (i.e. , scope).5 Certain December 28, 2020, unless postponed. Commerce, 1401 Constitution Avenue interested parties commented on the NW, Washington, DC 20230; telephone: scope of the investigation as it appeared All-Others Rate (202) 482–1993 or (202) 482–6172, in the Initiation Notice. For a summary Sections 703(d) and 705(c)(5)(A) of respectively. of the scope comments submitted on the the Act provide that in the preliminary record of this preliminary SUPPLEMENTARY INFORMATION: determination, Commerce shall determination, and accompanying determine an estimated all-others rate Background discussion and analysis of all comments for companies not individually This preliminary determination is timely received, see the Preliminary examined. This rate shall be an amount made in accordance with section 703(b) Scope Memorandum.6 Commerce is equal to the weighted average of the of the Tariff Act of 1930, as amended preliminarily modifying the scope estimated subsidy rates established for (the Act). Commerce published the language as it appeared in the Initiation those companies individually notice of initiation of this investigation Notice to exclude commercial engines. examined, excluding any zero and de on April 14, 2020.1 On May 20, 2020, See revised scope in Appendix I. minimis rates and any rates based Commerce postponed the preliminary Methodology entirely under section 776 of the Act. determination of this investigation to In this investigation, Commerce August 17, 2020.2 For a complete Commerce is conducting this calculated individual estimated description of the events that followed investigation in accordance with section countervailable subsidy rates for the initiation of this investigation, see 701 of the Act. For each of the subsidy Chongqing Kohler Engines Ltd. the Preliminary Decision programs found countervailable, (Chongqing Kohler) and Chongqing Memorandum.3 A list of topics Commerce preliminarily determines Zongshen General Power Machine Co. discussed in the Preliminary Decision that there is a subsidy, i.e. , a financial Ltd. (Chongqing Zongshen) that are not Memorandum is included as Appendix contribution by an ‘‘authority’’ that zero, de minimis , or based entirely on II to this notice. The Preliminary gives rise to a benefit to the recipient, facts otherwise available. Commerce Decision Memorandum is a public and that the subsidy is specific.7 calculated the all-others rate using a document and is on file electronically Commerce notes that, in making these simple average of the individual via Enforcement and Compliance’s findings, it relied, in part, on facts estimated subsidy rates calculated for Antidumping and Countervailing Duty available and, because it finds that one the examined respondents.10 Centralized Electronic Service System or more respondents did not act to the Preliminary Determination (ACCESS). ACCESS is available to best of their ability to respond to registered users at http:// Commerce’s requests for information, it Commerce preliminarily determines access.trade.gov. In addition, a complete drew an adverse inference where that the following estimated version of the Preliminary Decision appropriate in selecting from among the countervailable subsidy rates exist: Memorandum can be accessed directly facts otherwise available.8 For further at http://enforcement.trade.gov/frn/. 9 See Petitioner’s Letter, ‘‘Certain Vertical Shaft information, see ‘‘Use of Facts Engines Between 99cc and Up To 225cc, and Parts The signed and electronic versions of Otherwise Available and Adverse Thereof, From the People’s Republic of China: Inferences’’ in the Preliminary Decision Petitioner’s Request for Alignment of the Final 1 See Certain Vertical Shaft Engines between 99cc Memorandum. Countervailing Duty and Antidumping Duty Final and up to 225cc, and Parts Thereof from the Determinations,’’ dated August 4, 2020. People’s Republic of China: Initiation of 10 We calculated the all-others rate using the Countervailing Duty Investigation, 85 FR 20667 4 See Antidumping Duties; Countervailing Duties, simple average of Chongqing Kohler and Chongqing (April 14, 2020) (Initiation Notice). Final Rule, 62 FR 27296, 27323 (May 19, 1997). Zongshen’s subsidy rates. 2 See Certain Vertical Shaft Engines between 99cc 5 See Initiation Notice. 11 As discussed in the Preliminary Decision and up to 225cc, and Parts Thereof, from the 6See Memorandum, ‘‘Antidumping and Memorandum, Commerce has found the following People’s Republic of China: Postponement of Countervailing Duty Investigations of Certain company to be cross-owned with Chongqing Preliminary Determination in the Countervailing Vertical Shaft Engines Between 99cc and Up To Kohler: Kohler (China) Investment Company. Duty Investigation, 85 FR 30683 (May 20, 2020). 225cc, and Parts Thereof from the People’s Republic 12 As discussed in the Preliminary Decision 3 See Memorandum, ‘‘Decision Memorandum for of China: Scope Comments Decision Memorandum Memorandum, Commerce has found the following the Preliminary Determination of the for the Preliminary Determination,’’ dated August companies to be cross-owned with Chongqing Countervailing Duty Investigation of Certain 17, 2020. Zongshen: Chongqing Zongshen Power Machinery Vertical Shaft Engines Between 99cc and up to 7See sections 771(5)(B) and (D) of the Act Co., Ltd.; Zong Shen Industrial Group; Chongqing 225cc, and Parts Thereof, from the People’s regarding financial contribution; section 771(5)(E) Zongshen Automobile Air Intake System Republic of China,’’ dated concurrently with, and of the Act regarding benefit; and section 771(5A) of Manufacturing Co., Ltd.; Chongqing Zongshen High hereby adopted by, this notice (Preliminary the Act regarding specificity. Speed Boat Development Co., Ltd.; Chongqing Zong Decision Memorandum). 8See sections 776(a) and (b) of the Act. Continued

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Subsidy rate Compliance, U.S. Department of 225cc. Typically, engines with displacements Company (percent) Commerce within 30 days after the date of this size generate gross power of between of publication of this notice. Requests 1.95 kilowatts (kw) to 4.75 kw. Chongqing Kohler Engines should contain the party’s name, Engines covered by this scope normally 11 must comply with and be certified under Ltd...... 13.45 address, and telephone number, the Chongqing Zongshen Gen- Environmental Protection Agency (EPA) air eral Power Machine Co.12 21.29 number of participants, whether any pollution controls title 40, chapter I, All Others ...... 17.37 participant is a foreign national, and a subchapter U, part 1054 of the Code of list of the issues to be discussed. If a Federal Regulations standards for small non- Suspension of Liquidation request for a hearing is made, Commerce road spark-ignition engines and equipment. intends to hold the hearing at a date and Engines that otherwise meet the physical In accordance with section time to be determined. Parties should description of the scope but are not certified 703(d)(1)(B) and (d)(2) of the Act, confirm by telephone the date, time, and under 40 CFR part 1054 and are not certified under other parts of subchapter U of the EPA Commerce will direct U.S. Customs and location of the hearing two days before Border Protection (CBP) to suspend air pollution controls are not excluded from the scheduled date. the scope of this proceeding. Engines that liquidation of entries of subject Parties are reminded that briefs and merchandise as described in the scope may be certified under both 40 CFR part 1054 hearing requests are to be filed as well as other parts of subchapter U remain of the investigation section entered, or electronically using ACCESS and that subject to the scope of this proceeding. withdrawn from warehouse, for electronically filed documents must be Certain small vertical shaft engines, consumption on or after the date of received successfully in their entirety by whether or not mounted on non-hand-held publication of this notice in the Federal 5 p.m. Eastern Time on the due date. outdoor power equipment, including but not Register. Further, pursuant to 19 CFR Note that Commerce has temporarily limited to walk-behind lawn mowers and 351.205(d), Commerce will instruct CBP pressure washers, are included in the scope. modified certain of its requirements for However, if a subject engine is imported to require a cash deposit equal to the serving documents containing business rates indicated above. mounted on such equipment, only the engine proprietary information, until further is covered by the scope. Subject merchandise Disclosure notice.14 includes certain small vertical shaft engines Commerce intends to disclose its produced in the subject country whether International Trade Commission mounted on outdoor power equipment in the calculations and analysis performed to Notification subject country or in a third country. Subject interested parties in this preliminary In accordance with section 703(f) of engines are covered whether or not they are determination within five days of its the Act, Commerce will notify the accompanied by other parts. public announcement, or if there is no International Trade Commission (ITC) of For purposes of this investigation, an public announcement, within five days unfinished engine covers at a minimum a of the date of this notice in accordance its determination. If the final sub-assembly comprised of, but not limited with 19 CFR 351.224(b). determination is affirmative, the ITC to, the following components: Crankcase, will determine before the later of 120 crankshaft, camshaft, piston(s), and Verification days after the date of this preliminary connecting rod(s). Importation of these As provided in section 782(i)(1) of the determination or 45 days after the final components together, whether assembled or Act, Commerce intends to verify the determination. unassembled, and whether or not information relied upon in making its accompanied by additional components such Notification to Interested Parties as a sump, carburetor spacer, cylinder final determination. This determination is issued and head(s), valve train, or valve cover(s), Public Comment published pursuant to sections 703(f) constitutes an unfinished engine for purposes and 777(i) of the Act and 19 CFR of this investigation. The inclusion of other Case briefs or other written comments products such as spark plugs fitted into the may be submitted to the Assistant 351.205(c). cylinder head or electrical devices (e.g. , Secretary for Enforcement and Dated: August 17, 2020. ignition coils) for synchronizing with the Compliance no later than seven days Jeffrey I. Kessler, engine to supply tension current does not remove the product from the scope. The after the date on which the last Assistant Secretary for Enforcement and inclusion of any other components not verification report is issued in this Compliance. investigation. Rebuttal briefs, limited to identified as comprising the unfinished issues raised in case briefs, may be Appendix I engine subassembly in a third country does not remove the engine from the scope. submitted no later than seven days after Scope of the Investigation Specifically excluded from the scope of the 13 the deadline date for case briefs. The merchandise covered by this investigation are ‘‘Commercial’’ or ‘‘Heavy Pursuant to 19 CFR 351.309(c)(2) and investigation consists of spark-ignited, non- Commercial’’ engines under 40 CFR 1054.107 (d)(2), parties who submit case briefs or road, vertical shaft engines, whether finished and 1054.135 that have (1) a displacement of rebuttal briefs in this investigation are or unfinished, whether assembled or 160 cc or greater, (2) a cast iron cylinder encouraged to submit with each unassembled, whether mounted or liner, (3) an automatic compression release, argument: (1) A statement of the issue; unmounted, primarily for walk-behind lawn and (4) a muffler with at least three chambers (2) a brief summary of the argument; mowers. Engines meeting this physical and volume greater than 400 cc. and (3) a table of authorities. description may also be for other non-hand- The engines subject to this investigation Pursuant to 19 CFR 351.310(c), held outdoor power equipment, including are predominantly classified in the Harmonized Tariff Schedule of the United interested parties who wish to request a but not limited to, pressure washers. The subject engines are spark ignition, single- States (HTSUS) at subheading 8407.90.1010. hearing, limited to issues raised in the cylinder, air cooled, internal combustion The engine subassemblies that are subject to case and rebuttal briefs, must submit a engines with vertical power take off shafts this investigation enter under HTSUS written request to the Assistant with a minimum displacement of 99 cubic 8409.91.9990. The mounted engines that are Secretary for Enforcement and centimeters (cc) and a maximum subject to this investigation enter under displacement of up to, but not including, HTSUS 8433.11.0050, 8433.11.0060, and Shen Electrical Appliance Co., Ltd.; and Chongqing 8424.30.9000. Engines subject to this Dajiang Power Equipment Co., Ltd. 14 See Temporary Rule Modifying AD/CVD investigation may also enter under HTSUS 13 See 19 CFR 351.309; see also 19 CFR 351.303 Service Requirements Due to COVID–19; Extension 8407.90.1020, 8407.90.9040, and (for general filing requirements). of Effective Period, 85 FR 41363 (July 10, 2020). 8407.90.9060. The HTSUS subheadings are

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provided for convenience and customs Partnership Program (MEP) is to September 9, 2020, from 8:30 a.m. purposes only, and the written description of enhance productivity, technological through 1 p.m. See SUPPLEMENTARY the merchandise under investigation is performance, and strengthen the global INFORMATION for agenda details. dispositive. competitiveness of small-and medium- ADDRESSES: The meeting will take place Appendix II sized U.S.-based manufacturing firms. Through this client impact survey, the over webinar with a telephone-only List of Topics Discussed in the Preliminary connection option. Details on how to Decision Memorandum MEP will collect data necessary for program accountability; analysis and connect to the webinar by computer and I. Summary research into the effectiveness of the by telephone will be available at: http:// II. Background www.mafmc.org/ssc. III. Scope of the Investigation MEP program; reports to stakeholders; IV. Injury Test GPRA; continuous improvement efforts; Council address: Mid-Atlantic Fishery V. Diversification of China’s Economy knowledge sharing across the MEP Management Council, 800 N. State VI. Use of Facts Otherwise Available and system; and identification of best Street, Suite 201, Dover, DE 19901; Adverse Inferences practices. Collection of this data is telephone: (302) 674–2331; website: VII. Subsidies Valuation needed in order to comply with the www.mafmc.org. VIII. Benchmarks and Interest Rates MEP charter, as mandated by Congress. IX. Analysis of Programs Affected Public: Private sector. FOR FURTHER INFORMATION CONTACT: X. Conclusion Frequency: Annually. Christopher M. Moore, Ph.D., Executive [FR Doc. 2020–18529 Filed 8–21–20; 8:45 am] Respondent’s Obligation: Voluntary. Director, Mid-Atlantic Fishery BILLING CODE 3510–DS–P Legal Authority: Not applicable. Management Council, telephone: (302) This information collection request 526–5255. may be viewed at www.reginfo.gov. SUPPLEMENTARY INFORMATION: The DEPARTMENT OF COMMERCE Follow the instructions to view the purpose of this meeting is to review the Department of Commerce collections National Institute of Standards and most recent survey and fishery data and currently under review by OMB. Technology the previously recommended 2021 ABC Written comments and for spiny dogfish. The SSC will consider Agency Information Collection recommendations for the proposed revising the 2021 ABC recommendation Activities; Submission to the Office of information collection should be and recommend an ABC for the 2022 Management and Budget (OMB) for submitted within 30 days of the fishing year utilizing the Council’s new Review and Approval; Comment publication of this notice on the risk policy. The SSC will also review Request; Manufacturing Extension following website www.reginfo.gov/ the most recent survey and fishery data Partnership (MEP) Client Impact public/do/PRAMain. Find this and the previously recommended 2021 Survey particular information collection by ABC for chub mackerel. The SSC will selecting ‘‘Currently under 30-day discuss the possible scientific The Department of Commerce will Review—Open for Public Comments’’ or uncertainty considerations due to submit the following information by using the search function and missing catch and survey data in 2020 collection request to the Office of entering either the title of the collection due to COVID–19 restrictions. The SSC Management and Budget (OMB) for or the OMB Control Number 0693–0021. will also discuss the science review and clearance in accordance implications and fishery interactions with the Paperwork Reduction Act of Sheleen Dumas, Department PRA Clearance Officer, Office of associated with offshore wind 1995, on or after the date of publication development. The SSC will also provide of this notice. We invite the general the Chief Information Officer, Commerce Department. feedback and direction for increased public and other Federal agencies to application of the Mid-Atlantic State of comment on proposed, and continuing [FR Doc. 2020–18495 Filed 8–21–20; 8:45 am] BILLING CODE 3510–13–P the Ecosystem report by the SSC. The information collections, which helps us SSC will also receive updates on a assess the impact of our information number of topics, including: The collection requirements and minimize DEPARTMENT OF COMMERCE development of a new SSC the public’s reporting burden. Public socioeconomic workgroup, future stock comments were previously requested National Oceanic and Atmospheric assessment schedule, possible topics for via the Federal Register on May 27, Administration the joint Council/SSC meeting, and 2020 during a 60-day comment period. research priorities. In addition, the SSC [RTID 0648–XA400] This notice allows for an additional 30 may take up any other business as days for public comments. necessary. Agency: National Institute of Mid-Atlantic Fishery Management Standards and Technology (NIST). Council (MAFMC); Public Meeting A detailed agenda and background documents will be made available on Title: Manufacturing Extension AGENCY: National Marine Fisheries Partnership (MEP) Client Impact the Council’s website (www.mafmc.org) Service (NMFS), National Oceanic and prior to the meeting. Survey. Atmospheric Administration (NOAA), OMB Control Number 0693–0021. Commerce. Form Number(s): None. Special Accommodations ACTION: Notice; public meeting. Type of Request: Revision and These meetings are physically extension of current information SUMMARY: The Mid-Atlantic Fishery accessible to people with disabilities. collection. Management Council’s (Council) Requests for sign language Number of Respondents: 13,000. interpretation or other auxiliary aid Average Hours per Response: 12 Scientific and Statistical Committee should be directed to M. Jan Saunders, minutes. (SSC) will hold a meeting. (302) 526–5251, at least 5 days prior to Burden Hours: 2,600. DATES: The meeting will be held on Needs and Uses: The objective of the Tuesday, September 8, 2020, from 12:30 the meeting date. NIST Manufacturing Extension p.m. through 5:30 p.m., and Wednesday, Authority: 16 U.S.C. 1801 et seq.

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Dated: August 18, 2020. mandates under Executive Order 12866, Review—Open for Public Comments’’ or Tracey L. Thompson, the Magnuson-Steven Fishery by using the search function and Acting Deputy Director, Office of Sustainable Conservation and Management Act entering either the title of the collection Fisheries, National Marine Fisheries Service. (U.S.C. 1801 et seq.), the Regulatory or the OMB Control Number 0648–0635. Flexibility Act, the Endangered Species [FR Doc. 2020–18484 Filed 8–21–20; 8:45 am] Sheleen Dumas, BILLING CODE 3510–22–P Act, and the National Environmental Policy Act; and quantify achievement of Department PRA Clearance Officer, Office of the performances measures in the NMFS the Chief Information Officer, Commerce Department. DEPARTMENT OF COMMERCE Strategic Operating Plans. An example of these performance measures is the [FR Doc. 2020–18503 Filed 8–21–20; 8:45 am] National Oceanic and Atmospheric fishing cost trend as one of the BILLING CODE 3510–22–P Administration economic performance indicators reported in Annual Stock Assessment DEPARTMENT OF COMMERCE Agency Information Collection and Fishery Evaluation Reports of each Activities; Submission to the Office of Fishery Ecosystem Plan (http:// Management and Budget (OMB) for National Oceanic and Atmospheric www.wpcouncil.org/annual-reports/). In Administration Review and Approval; Comment addition, the economic data collected Request; Economic Surveys of will allow quantitative assessment of Agency Information Collection American Samoa, Guam, and the the fisheries sector’s social and Activities; Submission to the Office of Commonwealth of the Northern economic contribution, linkages and Management and Budget (OMB) for Mariana Islands (CNMI) Small Boat- impacts of the fisheries sector to the Review and Approval; Comment Based Fisheries overall economy through Input-output Request; Non-commercial Permit and The Department of Commerce will (I–O) models analyses. Results from I– Reporting Requirements in the Main O analyses will not only provide submit the following information Hawaiian Islands Bottomfish Fishery indicators of social-economic benefits of collection request to the Office of the marine ecosystem, a performance AGENCY: National Oceanic and Management and Budget (OMB) for measure in the NMFS Strategic Atmospheric Administration (NOAA), review and clearance in accordance Operating Plans, but also be used to Commerce. with the Paperwork Reduction Act of assess how fishermen and economy will ACTION: 1995, on or after the date of publication Notice of Information be impacted by and respond to of this notice. We invite the general Collection, request for comment. regulations likely to be considered by public and other Federal agencies to fishery managers. These data are SUMMARY: The Department of comment on proposed, and continuing collected in conjunction with catch and Commerce, in accordance with the information collections, which helps us effort data already being collected in Paperwork Reduction Act of 1995 assess the impact of our information this fishery as part of its creel survey (PRA), invites the general public and collection requirements and minimize program. The creel survey program other Federal agencies to comment on the public’s reporting burden. Public implemented by local fishery proposed and continuing information comments were previously requested management agents is one of the major collections, which helps us assess the via the Federal Register on March 16, data collection systems to monitor impact of our information collection 2020 during a 60-day comment period. fisheries resources in these three requirements and minimize the public’s This notice allows for an additional 30 geographic areas. Interviews are reporting burden. The purpose of this days for public comments. conducted with returning fishermen at notice is to allow for 60 days of public Agency: National Oceanic and the most active launching ramps/docks comment preceding submission of the Atmospheric Administration (NOAA). during selected time periods on the collection to OMB. Title: Economic Surveys of American islands. The economic surveys on trip DATES: To ensure consideration, Samoa, Guam, and the Commonwealth expenditure are incorporated into the comments regarding this proposed of the Northern Mariana Islands (CNMI) creel survey for the three areas, information collection must be received Small Boat-based Fisheries. respectively. on or before October 23, 2020. OMB Control Number: 0648–0635. Affected Public: Business or other for- Form Number(s): None. ADDRESSES: Interested persons are profit organizations. invited to submit written comments to Type of Request: Regular submission Frequency: On occasion. [extension of a current information Adrienne Thomas, NOAA PRA Officer, Respondent’s Obligation: Voluntary. at [email protected]. Please collection]. Legal Authority: Magnuson-Stevens reference OMB Control Number 0648– Number of Respondents: 480. Fishery Conservation and Management 0577 in the subject line of your Average Hours per Response: 10 Act. minutes per trip survey. This information collection request comments. Do not submit Confidential Total Annual Burden Hours: 80 may be viewed at www.reginfo.gov. Business Information or otherwise hours. Follow the instructions to view the sensitive or protected information. Needs and Uses: The National Marine Department of Commerce collections FOR FURTHER INFORMATION CONTACT: Fisheries Service (NMFS) collects currently under review by OMB. Requests for additional information or information about fishing trip expenses Written comments and specific questions related to collection in the American Samoa, Guam, and the recommendations for the proposed activities should be directed to Walter Commonwealth of the Northern Mariana information collection should be Ikehara, Fishery Information Specialist, Islands (CNMI) small-boat-based reef submitted within 30 days of the National Marine Fisheries Service fish, bottomfish, and pelagics fisheries publication of this notice on the (NMFS), Pacific Islands Region, 1845 with which to conduct analyses on following website www.reginfo.gov/ Wasp Blvd., Bldg. 176, Honolulu, HI economic performance of fisheries that public/do/PRAMain. Find this 96818, (808) 725–5175, walter.ikehara@ will improve fishery management in particular information collection by noaa.gov. those fisheries; satisfy NMFS’ legal selecting ‘‘Currently under 30-day SUPPLEMENTARY INFORMATION:

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I. Abstract email, or online process when cannot guarantee that we will be able to This request is for extension of a implemented. Logbooks are paper forms do so. that must be submitted to NMFS Pacific currently approved information Sheleen Dumas, Islands Fisheries Science Center. collection. Department PRA Clearance Officer, Office of The Magnuson-Stevens Fishery III. Data the Chief Information Officer, Commerce Conservation and Management Act Department. (Magnuson-Stevens Act) established OMB Control Number: 0648–0577. [FR Doc. 2020–18493 Filed 8–21–20; 8:45 am] regional fishery management councils, Form Number(s): None. BILLING CODE 3510–22–P including the Western Pacific Fishery Management Council (Council), to Type of Review: Regular submission, develop fishery management plans for extension of a current information DEPARTMENT OF COMMERCE fisheries in the U.S. Exclusive Economic collection. Zone (EEZ). If approved by the Secretary Affected Public: Individuals or National Oceanic and Atmospheric of Commerce, the National Oceanic and households; business or other for-profit Administration Atmospheric Administration’s (NOAA) organizations. [RTID 0648–XA412] National Marine Fisheries Service Estimated Number of Respondents: (NMFS) implements these plans by Western Pacific Fishery Management 100. Federal regulations, which are enforced Council; Public Meetings by NMFS and the U.S. Coast Guard Estimated Time per Response: 10 (USCG), in cooperation with State minutes per email permit application; 5 AGENCY: National Marine Fisheries agencies to the extent possible. The minutes per online permit application; Service (NMFS), National Oceanic and Council and NMFS use the fishery 2 hours per appeal of denied permit; 20 Atmospheric Administration (NOAA), management plans to manage fishing to minutes per logbook form. Commerce. ACTION: Notice of public meetings. ensure sustained productivity and Estimated Total Annual Burden achievement of optimum yield from the Hours: 29 hours. SUMMARY: The Western Pacific Fishery resources for the benefit of the United Management Council (Council) will States. The Council uses fishery Estimated Total Annual Cost to Public: $4,250. hold its 137th Scientific and Statistical ecosystem plans as fishery management Committee (SSC), Pelagic and plans for federal fisheries management. Respondent’s Obligation: Mandatory. International Standing Committee, Regulations established under the Legal Authority: 50 CFR part 665. Executive and Budget Standing Fishery Ecosystem Plan for the Hawaii Committee, and 183rd Council meetings Archipelago (FEP) at 50 CFR 665, IV. Request for Comments to take actions on fishery management Subpart C, require that all participants issues in the Western Pacific Region. (including vessel owners, operators, and We are soliciting public comments to DATES: The meetings will be held crew) in the boat-based non-commercial permit the Department to: (a) Evaluate between September 9 and 17, 2020. For bottomfish fishery in the Exclusive whether the proposed information specific times and agendas, see Economic Zone around the main collection is necessary for the proper SUPPLEMENTARY INFORMATION. Hawaiian Islands obtain a federal functions of the Department, including bottomfish permit. They are exempt if whether the information will have ADDRESSES: The meetings will be held they hold a current State of Hawaii practical utility; (b) Evaluate the by web conference via WebEx. Commercial Marine License. The accuracy of our estimate of the time and Instructions for connecting to the web information collected in the permit cost burden for this proposed collection, conference and providing oral public process is needed to identify including the validity of the comments will be posted on the Council participants in the fishery, determine methodology and assumptions used; (c) website at www.wpcouncil.org. For assistance with the web conference qualifications for permitting, support Evaluate ways to enhance the quality, connection, contact the Council office at effective enforcement of fishery utility, and clarity of the information to (808) 522–8220. regulations, and provide a be collected; and (d) Minimize the communication link between NMFS and The following venues will be the host reporting burden on those who are to sites for the Standing Committee and fishermen. respond, including the use of automated Regulations also require that all vessel Council meetings: Cliff Pointe, 304 W. collection techniques or other forms of O’Brien Drive, Hagatna, Guam; Hyatt owners or operators in this fishery information technology. submit a report (logbook) upon Regency Saipan, Royal Palm Ave., completion of each fishing trip to Comments that you submit in Micro Beach Rd., Saipan, document the species and amount of response to this notice are a matter of Commonwealth of the Northern Mariana fish caught during the trip. The public record. We will include or Islands (CNMI); and Department of Port information in these logbooks is crucial summarize each comment in our request Administration, Airport Conference to monitoring the fishery, developing to OMB to approve this ICR. Before Room, Pago Pago Int’l Airport, Tafuna annual catch limits, evaluating the including your address, phone number, Village, American Samoa. effectiveness of management measures, email address, or other personal FOR FURTHER INFORMATION CONTACT: determining whether changes in fishery identifying information in your Kitty M. Simonds, Executive Director, management measures are necessary, comment, you should be aware that Western Pacific Fishery Management and estimating the impacts and your entire comment—including your Council; phone: (808) 522–8220. implications of alternative management personal identifying information—may SUPPLEMENTARY INFORMATION: All times measures. be made publicly available at any time. shown are in Hawaii Standard Time. The 137th SSC meeting will be held II. Method of Collection While you may ask us in your comment to withhold your personal identifying between 11 a.m. to 5 p.m. on September Respondents may submit permit information from public review, we 9–10, 2020. The Pelagic and applications electronically via secure International Standing Committee will

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be held between 12 p.m. and 2 p.m. on Agenda for the 137th Scientific and Management of Blue Water September 14, 2020. The Executive and Statistical Committee Meeting Fisheries Budget Standing Committee meeting F. Report on the Hawaii Longline Wednesday, September 9, 2020, 11 a.m. will be held between 3 p.m. and 5 p.m. Eddy Project to 5 p.m. on September 14, 2020. The 183rd G. Bigeye Tuna Recruitment Project Council meeting will be held between 1. Introductions H. International Fisheries 11 a.m. and 5 p.m. on September 15 to 2. Approval of Draft Agenda and 1. North Pacific (NP) Striped Marlin 17, 2020. Assignment of Rapporteurs Rebuilding Measures Please note that the evolving public 3. Status of the 136th SSC Meeting 2. Western Central Pacific Fisheries health situation regarding COVID–19 Recommendations Commission (WCPFC) may affect the conduct of the September 4. Report from Pacific Islands Fisheries a. 19th International Scientific Council and its associated meetings. At Science Center Director Committee (ISC) Plenary Outcomes the time this notice was submitted for 5. Program Planning and Research b. 16th WCPFC Science Committee publication, the Council anticipated A. Interagency U.S. Seafood Trade 3. Tropical Tuna Allocation Concept convening the Standing Committee and Task Force Paper Council meetings by web conference B. Report on the Council Response to I. Workshop on the Use of C–14 for with host site locations in Guam, CNMI President Trump’s Executive Order Tropical Tunas Age Validation and American Samoa. Council staff will 13921 and 13924 J. Public Comment monitor COVID–19 developments and C. Development of a Council Policy K. SSC Discussion and will determine the extent to which in- on Offshore Energy Recommendations person public participation at host sites D. Public Comment 9. Other Business will be allowable consistent with E. SSC Discussion and A. December 2020 SSC Meetings applicable local and federal safety and Recommendations Dates health guidelines. If public participation 6. Island Fisheries 10. Summary of SSC Recommendations will be limited to web conference only A. Main Hawaiian Island (MHI) to the Council or on a first-come-first-serve basis Aprion virescens (uku) Fishery Agenda for the Pelagic and consistent with applicable guidelines, 1. Report on the Risk of Overfishing the Council will post notice on its (P*) and Social, Ecological, International Standing Committee website at www.wpcouncil.org. Ecosystem, Management Monday, September 14, 2020, 12 p.m. to Agenda items noted as ‘‘Final Action’’ Uncertainty (SEEM) Analysis 2 p.m. refer to actions that result in Council 2. Setting Acceptable Biological Catch 1. Mandatory Electronic Reporting in transmittal of a proposed fishery (ABC) for fishing year 2022–25 Longline Fisheries (Action Item) management plan, proposed plan (Action Item) 2. OWT Population Projections amendment, or proposed regulations to B. Options for Hawaii Small-Boat 3. OWT Working Group and Research the U.S. Secretary of Commerce, under Fishery Permitting and Reporting Activities Sections 304 or 305 of the MSA. In (Action Item) 4. RPMs and/or RPAs for the Deep-set addition to the agenda items listed here, C. Public Comment and American Samoa Longline the Council and its advisory bodies will D. SSC Discussion and Fisheries (Action Item) hear recommendations from Council Recommendations 5. Roadmap to Effective Area-Based advisors. An opportunity to submit 7. Protected Species Management of Blue Water public comment will be provided A. Tori Line Demonstrations and Fisheries throughout the agendas. The order in Field Trials in the Hawaii Longline 6. International Fisheries which agenda items are addressed may Fishery A. NP Striped Marlin Rebuilding change and will be announced in B. Endangered Species Act (ESA) and Measures advance at the Council meeting. The Marine Mammal Protection Act B. WCPFC meetings will run as late as necessary to (MMPA) Updates a. 19th ISC Plenary Outcomes complete scheduled business. 1. Status of ESA Consultations Background documents for the 183rd b. 16th WCPFC Science Committee 2. Other updates c. WCPFC Technical and Compliance Council meeting will be available at C. Reasonable and Prudent Measures www.wpcouncil.org. Written public Committee (RPMs) and/or Reasonable and d. WCPFC Permanent Advisory comments on final action items at the Prudent Alternatives (RPAs) for the 183rd Council meeting should be Committee Hawaii and American Samoa e. WCPFC Northern Committee received at the Council office by 5 p.m. Longline Fisheries (Action Item) HST, September 11, 2020, and should C. Tropical Tuna Allocation Concept D. Public Comment Paper be sent to Kitty M. Simonds, Executive E. SSC Discussion and 7. Advisory Group Report and Director; Western Pacific Fishery Recommendations Management Council, 1164 Bishop Recommendations Street, Suite 1400, Honolulu, HI 96813, Thursday, September 10, 2020, 11 a.m. A. Advisory Panel Report phone: (808) 522–8220 or fax: (808) to 5 p.m. B. Scientific & Statistical Committee 522–8226; or email: info.wpcouncil@ 8. Pelagic Fisheries Report noaa.gov. Written public comments on A. American Samoa Longline Fishery 8. Other Issues all other agenda items may be submitted Report 9. Public Comment for the record by email throughout the B. Hawaii Longline Report Fishery 10. Discussion and Recommendations duration of the meeting. Instructions for Report Agenda for the Executive and Budget providing oral public comments during C. Oceanic Whitetip (OWT) Shark Standing Committee the meeting will be posted on the Population Projections Council website. This meeting will be D. OWT Working Group Report and Monday, September 14, 2020, 3 p.m. to recorded for the purposes of generating Research Activities 5 p.m. the minutes of the meeting. E. Roadmap to Effective Area-Based 1. Financial Reports

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A. Current Grants Methodology B. Tori Line Demonstrations and Field 2. Administrative Reports D. Update on Draft Aquaculture Trials in the Hawaii Longline 3. Council Coordination Committee Programmatic Environmental Fishery Meetings Impact Statement C. Advisory Group Report and 4. Council Family Changes E. Electronic Technologies Recommendations A. Non-Commercial Fishery Advisory Implementation Plan 1. Advisory Panel Report Committee (NCFAC) Terms of F. Report on the Council Response to 2. Scientific & Statistical Committee Reference and Membership President Trump’s Executive Order Report B. Fishing Industry Advisory 13921 and 13924 D. Public Comment Committee (FIAC) Terms of G. Interagency US Seafood Trade E. Council Discussion and Action Taskforce Reference and Membership Thursday, September 17, 2020, 11 a.m.– 5. Meetings and Workshops H. Modifications to the PRIA 5 p.m. 6. Letters to the Administration Objectives and Projects in the 7. Other Issues Pacific Remote Island Areas (PRIA) 12. Pelagic & International Fisheries 8. Public Comment Marine Conservation Plan A. Hawaii Longline Fishery Report 9. Discussion and Recommendations I. Advisory Group Report and B. American Samoa Longline Fishery Recommendations Report Agenda for the 183rd Council Meeting 1. Advisory Panel Report C. Mandatory Electronic Reporting in Tuesday, September 15, 2020, 11 a.m. to 2. Scientific & Statistical Committee Longline Fisheries (Final Action) 5 p.m. Report D. OWT Population Projections J. Public Comment E. OWT Working Group and Research 1. Welcome and Introductions K. Council Discussion and Action Activities 2. Oath of Office F. RPMs and/or RPAs for the Deep-set 3. Approval of the 183rd Agenda Wednesday, September 16, 2020, 4:30 and American Samoa Longline 4. Approval of the 182nd Meeting p.m. to 5 p.m. Fisheries (Initial Action) Minutes Public Comment on Non-Agenda G. Roadmap to Effective Area-Based 5. Executive Director’s Report Items Management of Blue Water 6. Agency Reports Fisheries A. NMFS Wednesday, September 16, 2020, 11 H. International Fisheries 1. Pacific Islands Regional Office a.m. to 5 p.m. 1. Update on NP Striped Marlin 2. Pacific Islands Fisheries Science 9. American Samoa Archipelago Rebuilding Measures Center A. Motu Lipoti 2. WCPFC B. NOAA Office of General Counsel B. Department of Marine and Wildlife a. 19th ISC Plenary Outcomes Pacific Islands Section Resources Report b. 16th WCPFC Science Committee C. Enforcement C. CARES Act distribution of funds c. WCPFC Technical and Compliance 1. U.S. Coast Guard D. American Samoa Community Committee 2. NOAA Office of Law Enforcement Activities d. WCPFC Permanent Advisory 3. NOAA Office of General Counsel E. Advisory Group Report and Committee Enforcement Section Recommendations e. WCPFC Northern Committee D. U.S. State Department 1. Advisory Panel Report 3. Tropical Tuna Allocation Concept E. U.S. Fish and Wildlife Service 2. Scientific & Statistical Committee Paper F. Public Comment Report 4. International Fisheries Meeting G. Council Discussion and Action F. Public Comment MMPA Equivalencies and Other 7. Mariana Archipelago G. Council Discussion and Action Relevant International Issues A. Guam 10. Hawai‘i Archipelago & PRIA I. Advisory Group Report and 1. Isla Informe A. Moku Pepa Recommendations 2. Department of Agriculture/Division B. DLNR/Division of Aquatic 1. Advisory Panel Report of Aquatic and Wildlife Resources Resources Report 2. Scientific & Statistical Committee Report C. Options for Mandatory Permitting Report 3. CARES Act distribution of funds and Reporting for Hawaii’s Small- J. Standing Committee Report and 4. Guam Community Activities boat Fishery (Initial Action) Recommendations B. CNMI D. MHI Uku Fishery K. Public Comment 1. Arongol Falu´ 1. P* and SEEM Working Group L. Council Discussion and Action 2. Department of Land and Natural Report 13. Administrative Matters Resource (DLNR)/Division of Fish 2. Specifying Annual Catch Limits for A. Financial Reports and Wildlife Report MHI Uku (Final Action) 1. Current Grants 3. CARES Act distribution of funds E. CARES Act funding distribution B. Administrative Reports 4. CNMI Community Activities F. Hawaii Community Activities C. Council Coordination Committee C. Advisory Group Reports and G. Advisory Group Report and Meetings Recommendations Recommendations D. Council Family Changes 1. Advisory Panel Report 1. Advisory Panel Report 1. NCFAC Terms of Reference and 2. Scientific & Statistical Committee 2. Scientific & Statistical Committee Membership Report Report 2. FIAC Terms of Reference and D. Public Comment H. Public Comment Membership E. Council Discussion and Action I. Council Discussion and Action E. Meetings and Workshops 8. Program Planning and Research 11. Protected Species F. Letters to the Administration A. National Legislative Report A. ESA and MMPA Updates G. Standing Committee Report and B. Draft Offshore Energy Policy 1. Status of ESA Consultations Recommendations C. Standardized Bycatch Reporting 2. Other ESA and MMPA Updates H. Public Comment

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I. Council Discussion and Action shark or swordfish limited access one certificate will be issued to each 14. Other Business permits. Additional free workshops will proxy. A proxy must be a person who Non-emergency issues not contained be conducted during 2020 and will be is currently employed by a place of in this agenda may come before the announced in a future notice. business covered by the dealer’s permit; Council for discussion and formal DATES: The Atlantic Shark Identification is a primary participant in the Council action during its 183rd meeting. Workshops will be held on October 8, identification, weighing, and/or first However, Council action on regulatory November 12, and December 10, 2020. receipt of fish as they are offloaded from issues will be restricted to those issues The Safe Handling, Release, and a vessel; and who fills out dealer specifically listed in this document and Identification Workshops will be held reports. Atlantic shark dealers are any regulatory issue arising after on October 8, October 22, November 5, prohibited from renewing a Federal publication of this document that November 20, December 8, and shark dealer permit unless a valid requires emergency action under section December 17, 2020. See SUPPLEMENTARY Atlantic Shark Identification Workshop 305(c) of the Magnuson-Stevens Act, INFORMATION for further details. certificate for each business location provided the public has been notified of ADDRESSES: The Atlantic Shark that first receives Atlantic sharks has the Council’s intent to take action to Identification Workshops will be held in been submitted with the permit renewal address the emergency. Mount Pleasant, SC; Largo, FL; and application. Additionally, trucks or Harvey, LA. The Safe Handling, Release, other conveyances that are extensions of Special Accommodations and Identification Workshops will be a dealer’s place of business must These meetings are accessible to held in Vero Beach, FL; Philadelphia, possess a copy of a valid dealer or proxy people with disabilities. Requests for PA; Kitty Hawk, NC; Key Largo, FL; Atlantic Shark Identification Workshop sign language interpretation or other Kenner, LA; and Revere, MA. See certificate. auxiliary aids should be directed to SUPPLEMENTARY INFORMATION for further Workshop Dates, Times, and Locations Kitty M. Simonds, (808) 522–8220 details on workshop locations. (voice) or (808) 522–8226 (fax), at least FOR FURTHER INFORMATION CONTACT: Rick 1. October 8, 2020, 12 p.m.–4 p.m., five days prior to the meeting date. Pearson by email at rick.a.pearson@ Hampton Inn, 1104 Isle of Palms Connector, Mount Pleasant, SC 29464. Authority: 16 U.S.C. 1801 et seq. noaa.gov. 2. November 12, 2020, 12 p.m.–4 Dated: August 18, 2020. SUPPLEMENTARY INFORMATION: The p.m., Hampton Inn, 100 East Bay Drive, Tracey L. Thompson, workshop schedules, registration Largo, FL 33770. Acting Deputy Director, Office of Sustainable information, and a list of frequently 3. December 10, 2020, 12 p.m.–4 p.m., Fisheries, National Marine Fisheries Service. asked questions regarding the Atlantic Hampton Inn, 1651 Fifth Street, Harvey, [FR Doc. 2020–18486 Filed 8–21–20; 8:45 am] Shark Identification and Safe Handling, LA 70058. Release, and Identification workshops BILLING CODE 3510–22–P are posted on the internet at: https:// Registration www.fisheries.noaa.gov/atlantic-highly- To register for a scheduled Atlantic DEPARTMENT OF COMMERCE migratory-species/atlantic-shark- Shark Identification Workshop, please identification-workshops and https:// contact Eric Sander at ericssharkguide@ National Oceanic and Atmospheric www.fisheries.noaa.gov/atlantic-highly- yahoo.com or at (386) 852–8588. Pre- Administration migratory-species/safe-handling-release- registration is highly recommended, but and-identification-workshops. [RTID 0648–XA345] not required. Atlantic Shark Identification Registration Materials Schedules for Atlantic Shark Workshops Identification Workshops and Safe To ensure that workshop certificates Handling, Release, and Identification Since January 1, 2008, Atlantic shark are linked to the correct permits, Workshops dealers have been prohibited from participants will need to bring the receiving, purchasing, trading, or following specific items to the AGENCY: National Marine Fisheries bartering for Atlantic sharks unless a workshop: Service (NMFS), National Oceanic and valid Atlantic Shark Identification • Atlantic shark dealer permit holders Atmospheric Administration (NOAA), Workshop certificate is on the premises must bring proof that the attendee is an Commerce. of each business listed under the shark owner or agent of the business (such as ACTION: Notice of public workshops. dealer permit that first receives Atlantic articles of incorporation), a copy of the sharks (71 FR 58057; October 2, 2006). applicable permit, and proof of SUMMARY: Free Atlantic Shark Dealers who attend and successfully identification. Identification Workshops and Safe complete a workshop are issued a • Atlantic shark dealer proxies must Handling, Release, and Identification certificate for each place of business that bring documentation from the permitted Workshops will be held in October, is permitted to receive sharks. These dealer acknowledging that the proxy is November, and December of 2020. certificate(s) are valid for three years. attending the workshop on behalf of the Certain fishermen and shark dealers are Thus, certificates that were initially permitted Atlantic shark dealer for a required to attend a workshop to meet issued in 2017 will be expiring in 2020. specific business location, a copy of the regulatory requirements and to maintain Approximately 174 free Atlantic Shark appropriate valid permit, and proof of valid permits. Specifically, the Atlantic Identification Workshops have been identification. Shark Identification Workshop is conducted since October 2008. mandatory for all federally permitted Currently, permitted dealers may send Workshop Objectives Atlantic shark dealers. The Safe a proxy to an Atlantic Shark The Atlantic Shark Identification Handling, Release, and Identification Identification Workshop. However, if a Workshops are designed to reduce the Workshop is mandatory for vessel dealer opts to send a proxy, the dealer number of unknown and improperly owners and operators who use bottom must designate a proxy for each place of identified sharks reported in the dealer longline, pelagic longline, or gillnet business covered by the dealer’s permit reporting form and increase the gear, and who have also been issued that first receives Atlantic sharks. Only accuracy of species-specific dealer-

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reported information. Reducing the 2. October 22, 2020, 9 a.m.–5 p.m., additional regulations on these fisheries number of unknown and improperly Embassy Suites, 9000 Bartram Avenue, in the future. identified sharks will improve quota Philadelphia, PA 19153, (Authority: 16 U.S.C. 1801 et seq.) monitoring and the data used in stock 3. November 5, 2020, 9 a.m.–5 p.m., assessments. These workshops will train Hilton Garden Inn, 5353 North Virginia Dated: August 19, 2020. shark dealer permit holders or their Dare Trail, Kitty Hawk, NC 27949. Jennifer M. Wallace, proxies to properly identify Atlantic 4. November 20, 2020, 9 a.m.–5 p.m., Acting Director, Office of Sustainable shark carcasses. Holiday Inn, 99701 Overseas Highway, Fisheries, National Marine Fisheries Service. Key Largo, FL 33037. [FR Doc. 2020–18520 Filed 8–21–20; 8:45 am] Safe Handling, Release, and 5. December 8, 2020, 9 a.m.–5 p.m., BILLING CODE 3510–22–P Identification Workshops Hilton Hotel, 901 Airline Drive, Kenner, LA 70062. Since January 1, 2007, shark limited- DEPARTMENT OF COMMERCE access and swordfish limited-access 6. December 17, 2020, 9 a.m.–5 p.m., permit holders who fish with longline Hampton Inn, 230 Lee Burbank National Oceanic and Atmospheric or gillnet gear have been required to Highway, Revere, MA 02151. Administration submit a copy of their Safe Handling, Registration [RTID 0648–XA407] Release, and Identification Workshop certificate in order to renew either To register for a scheduled Safe Handling, Release, and Identification North Pacific Fishery Management permit (71 FR 58057; October 2, 2006). Council; Public Meeting These certificate(s) are valid for 3 years. Workshop, please contact Angler Certificates issued in 2017 will be Conservation Education at (386) 682– AGENCY: National Marine Fisheries expiring in 2020. As such, vessel 0158. Pre-registration is highly Service (NMFS), National Oceanic and owners who have not already attended recommended, but not required. Atmospheric Administration (NOAA), a workshop and received a NMFS Registration Materials Commerce. certificate, or vessel owners whose ACTION: Notice of public meeting. certificate(s) will expire prior to the next To ensure that workshop certificates permit renewal, must attend a workshop are linked to the correct permits, SUMMARY: The North Pacific Fishery to fish with, or renew, their swordfish participants will need to bring the Management Council (Council) following specific items with them to and shark limited-access permits. Groundfish Plan Teams will meet via the workshop: webconference September 8, 2020 Additionally, new shark and swordfish • limited-access permit applicants who Individual vessel owners must through September 11, 2020. intend to fish with longline or gillnet bring a copy of the appropriate DATES: The meetings will be held on gear must attend a Safe Handling, swordfish and/or shark permit(s), a copy Tuesday, September 8, 2020, from 8 Release, and Identification Workshop of the vessel registration or a.m. to 4 p.m.; Wednesday, September and submit a copy of their workshop documentation, and proof of 9, 2020, from 8 a.m. to 4 p.m.; and identification; Thursday, September 10, 2020, from 8 certificate before either of the permits • will be issued. Approximately 350 free Representatives of a business- a.m. to 4 p.m., Alaska Time. If Safe Handling, Release, and owned or co-owned vessel must bring necessary, the meetings will continue Identification Workshops have been proof that the individual is an agent of into Friday, September 11, 2020. conducted since 2006. the business (such as articles of ADDRESSES: The meeting will be a incorporation), a copy of the applicable webconference. Join online through the In addition to certifying vessel swordfish and/or shark permit(s), and link at https://meetings.npfmc.org/ owners, at least one operator on board proof of identification; and Meeting/Details/1563. vessels issued a limited-access • Vessel operators must bring proof of Council address: North Pacific swordfish or shark permit that uses identification. Fishery Management Council, 1007 W longline or gillnet gear is required to 3rd Ave, Anchorage, AK 99501–2252; attend a Safe Handling, Release, and Workshop Objectives telephone: (907) 271–2809. Instructions Identification Workshop and receive a The Safe Handling, Release, and for attending the meeting are given certificate. Vessels that have been issued Identification Workshops are designed under SUPPLEMENTARY INFORMATION, a limited-access swordfish or shark to teach longline and gillnet fishermen below. permit and that use longline or gillnet the required techniques for the safe FOR FURTHER INFORMATION CONTACT: Sara gear may not fish unless both the vessel handling and release of entangled and/ Cleaver, Council staff; email: owner and operator have valid or hooked protected species, such as sea [email protected]. For technical workshop certificates onboard at all turtles, marine mammals, smalltooth support please contact our times. Vessel operators who have not sawfish, Atlantic sturgeon, and administrative staff; email: already attended a workshop and prohibited sharks. In an effort to [email protected]. received a NMFS certificate, or vessel improve reporting, the proper operators whose certificate(s) will identification of protected species and SUPPLEMENTARY INFORMATION: expire prior to their next fishing trip, prohibited sharks will also be taught at Agenda must attend a workshop to operate a these workshops. Additionally, vessel with swordfish and shark individuals attending these workshops Tuesday, September 8, 2020 limited-access permits that uses will gain a better understanding of the The BSAI and GOA Groundfish Plan longline or gillnet gear. requirements for participating in these Teams will meet to review and discuss Workshop Dates, Times, and Locations fisheries. The overall goal of these issues of importance to both Plan workshops is to provide participants Teams, including but not limited to: 1. October 8, 2020, 9 a.m.–5 p.m., with the skills needed to reduce the Observer Program updates, ecosystem Holiday Inn, 3384 Ocean Drive, Vero mortality of protected species and status reports and surveys, the longline Beach, FL 32963. prohibited sharks, which may prevent survey, Ecological and Socioeconomic

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Profiles (ESPs), the Economic Stock ACTION: Notice of scheduled SEDAR 73 Highly Migratory Species Management assessment and Fishery Evaluation South Atlantic Red Snapper Data Division, and Southeast Fisheries (SAFE), Essential Fish Habitat (EFH), Webinar. Science Center. Participants include: VAST applications, survey loss Data collectors and database managers; uncertainty and survey prioritization. SUMMARY: The SEDAR 73 assessment of stock assessment scientists, biologists, the South Atlantic stock of Red Snapper and researchers; constituency Wednesday, September 9, 2020 will consist of a Data webinar, an in- representatives including fishermen, The BSAI Groundfish Plan Team will person workshop, and a series of environmentalists, and non- review stock assessment updates and assessment webinars. governmental organizations (NGOs); reports on EBS pollock, BSAI Pacific DATES: The SEDAR 73 South Atlantic international experts; and staff of cod and the Northern Bering Sea Pacific Red Snapper Data Webinar has been Councils, Commissions, and state and cod tagging project, Blackspotted/ scheduled for Wednesday September 9, federal agencies. Rougheye rockfish, Northern rock sole, 2020, from 9 a.m. to 12 p.m. EDT. The items of discussion at the SEDAR and Yellowfin sole. ADDRESSES: 73 South Atlantic Red Snapper Data Meeting address: The meeting will be Thursday, September 10, 2020 Webinar are as follows: held via webinar. The webinar is open • Identify and discuss data issues The GOA Groundfish Plan Team will to members of the public. Registration is Although non-emergency issues not review stock assessment updates and available online at: https:// reports on GOA pollock, Pacific cod, contained in this agenda may come attendee.gotowebinar.com/register/ before this group for discussion, those Pacific Ocean perch, and survey 3996526164054126862. optimization. The agenda is subject to issues may not be the subject of formal SEDAR address: South Atlantic action during this meeting. Action will change, and the latest version will be Fishery Management Council, 4055 posted at https://meetings.npfmc.org/ be restricted to those issues specifically Faber Place Drive, Suite 201, N. identified in this notice and any issues Meeting/Details/1563 prior to the Charleston, SC 29405; meeting, along with meeting materials. arising after publication of this notice www.sedarweb.org. that require emergency action under Connection Information FOR FURTHER INFORMATION CONTACT: section 305(c) of the Magnuson-Stevens You can attend the meeting online Kathleen Howington, SEDAR Fishery Conservation and Management using a computer, tablet, or smart Coordinator, 4055 Faber Place Drive, Act, provided the public has been phone; or by phone only. Connection Suite 201, North Charleston, SC 29405; notified of the intent to take final action information will be posted online at: phone: (843) 573–4373; email: to address the emergency. [email protected]. https://meetings.npfmc.org/Meeting/ Special Accommodations Details/1563. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and This meeting is accessible to people Public Comment Caribbean Fishery Management with disabilities. Requests for auxiliary Public comment letters should be Councils, in conjunction with NOAA aids should be directed to the South submitted electronically to https:// Fisheries and the Atlantic and Gulf Atlantic Fishery Management Council meetings.npfmc.org/Meeting/Details/ States Marine Fisheries Commissions, office (see ADDRESSES) at least 5 1563. have implemented the Southeast Data, business days prior to the meeting. Assessment and Review (SEDAR) Special Accommodations Note: The times and sequence specified in process, a multi-step method for this agenda are subject to change. These meetings are physically determining the status of fish stocks in accessible to people with disabilities. the Southeast Region. SEDAR is a three- Authority: 16 U.S.C. 1801 et seq. Requests should be directed to Shannon step process including: (1) Data Dated: August 18, 2020. Gleason at (907) 903–3107 at least 7 Workshop; (2) Assessment Process Tracey L. Thompson, working days prior to the meeting date. utilizing webinars; and (3) Review Acting Deputy Director, Office of Sustainable Authority: 16 U.S.C. 1801 et seq. Workshop. The product of the Data Fisheries, National Marine Fisheries Service. Dated: August 18, 2020. Workshop is a data report which [FR Doc. 2020–18483 Filed 8–21–20; 8:45 am] compiles and evaluates potential Tracey L. Thompson, BILLING CODE 3510–22–P datasets and recommends which Acting Deputy Director, Office of Sustainable datasets are appropriate for assessment Fisheries, National Marine Fisheries Service. analyses. The product of the Assessment [FR Doc. 2020–18485 Filed 8–21–20; 8:45 am] CONSUMER PRODUCT SAFETY Process is a stock assessment report COMMISSION BILLING CODE 3510–22–P which describes the fisheries, evaluates the status of the stock, estimates [Docket No. CPSC–2006–0057] DEPARTMENT OF COMMERCE biological benchmarks, projects future population conditions, and recommends Notice of Availability: Revisions to the research and monitoring needs. The Plan Documented in NIST Technical National Oceanic and Atmospheric Note 2048: Simulation and Analysis Administration assessment is independently peer reviewed at the Review Workshop. The Plan To Evaluate the Impact of CO [RTID 0648–XA369] product of the Review Workshop is a Mitigation Requirements for Portable Generators Fisheries of the South Atlantic; Summary documenting panel opinions Southeast Data, Assessment, and regarding the strengths and weaknesses AGENCY: Consumer Product Safety Review (SEDAR); Public Meetings of the stock assessment and input data. Commission. Participants for SEDAR Workshops are ACTION: Notice of availability. AGENCY: National Marine Fisheries appointed by the Gulf of Mexico, South Service (NMFS), National Oceanic and Atlantic, and Caribbean Fishery SUMMARY: In July 2019, the Consumer Atmospheric Administration (NOAA), Management Councils and NOAA Product Safety Commission (CPSC) Commerce. Fisheries Southeast Regional Office, announced the availability of, and

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sought public comment on, a document developed a plan that would enable Evaluate the Impact of CO Mitigation related to CPSC’s efforts to address CPSC staff to estimate the effectiveness Requirements for Portable Generators,’’ carbon monoxide poisoning hazards of CO-mitigation requirements adopted is to document staff’s revisions to NIST from portable generators: NIST in two voluntary standards in 2018: TN 2048 resulting from CPSC and NIST Technical Note 2048: Simulation and ANSI/PGMA G300–2018, Safety and staffs’ review and analysis of the Analysis Plan to Evaluate the Impact of Performance of Portable Generators comments. CPSC staff’s memorandum is CO Mitigation Requirements for Portable (PGMA G300) and ANSI/UL 2201–2018, available at: https://www.cpsc.gov/ Generators (NIST TN 2048). The CPSC Carbon Monoxide (CO) Emission Rate of Research-Statistics/Injury- is announcing the availability of Portable Generators (UL 2201). PGMA Statistics#portable-generators-and- ‘‘Revisions to the Plan Documented in G300 has requirements for a system that engine-driven-tools, at: https:// NIST Technical Note 2048: Simulation will shut off the generator when specific www.regulations.gov, under Docket No. and Analysis Plan to Evaluate the CO concentrations are present near the CPSC–2006–0057, Supporting and Impact of CO Mitigation Requirements generator, as well as notification Related Materials, and from the for Portable Generators,’’ a requirements to alert the user to the Commission’s Division of the memorandum documenting CPSC staff’s presence of CO after the generator has Secretariat. Staff is working with NIST revisions to the plan in NIST TN 2048, shut off. UL 2201 has requirements for to execute the revised simulation plan. resulting from CPSC and National a system that will shut off the generator Institute of Standards and Technology when specific CO concentrations are Alberta E. Mills, (NIST) staffs’ review and analysis of present near the generator and a Secretary, Consumer Product Safety public comments on the plan. requirement for a reduced CO emission Commission. ADDRESSES: ‘‘Revisions to the Plan rate. [FR Doc. 2020–18497 Filed 8–21–20; 8:45 am] Documented in NIST Technical Note NIST TN 2048 is intended to provide BILLING CODE 6355–01–P 2048: Simulation and Analysis Plan to a reasonable test of how generators Evaluate the Impact of CO Mitigation complying with each standard operate Requirements for Portable Generators,’’ in a wide range of conditions. In July is available on the CPSC website at: 2019, the Commission announced the DEPARTMENT OF DEFENSE availability of, and sought public https://www.cpsc.gov/Research- Office of the Secretary Statistics/Injury-Statistics#portable- comment on, NIST TN 2048 (84 FR generators-and-engine-driven-tools. The 32729 (July 9, 2010)). On August 8, document will also be made available 2019, CPSC staff hosted a public [Transmittal No. 20–27] meeting to allow interested parties to through the Federal eRulemaking Portal Arms Sales Notification at https://www.regulations.gov, under ask clarifying questions about Docket No. CPSC–2006–0057, information in NIST TN 2048, to assist AGENCY: Defense Security Cooperation Supporting and Related Materials. the interested parties in providing their Agency, Department of Defense. 2 Copies are also available from the comments. NIST TN 2048 is available ACTION: Arms sales notice. Consumer Product Safety Commission, on NIST’s website at: http://dx.doi.org/ Division of the Secretariat, Room 820, 10.6028/NIST.TN.2048, and from the SUMMARY: The Department of Defense is 4330 East West Highway, Bethesda, MD Commission’s Division of the publishing the unclassified text of an 20814; telephone: 301–504–7479; email Secretariat, at the location listed in the arms sales notification. [email protected]. ADDRESSES section of this notice. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: Four sets of comments were Karma Job at [email protected] Janet Buyer, Project Manager, submitted into the docket on or (703) 697–8976. regulations.gov in response to the Directorate for Engineering Sciences, SUPPLEMENTARY INFORMATION: This Notice of Availability of NIST TN 2048.3 Consumer Product Safety Commission, 36(b)(1) arms sales notification is The purpose of CPSC staff’s 5 Research Place, Rockville, MD 20850; published to fulfill the requirements of memorandum, ‘‘Revisions to the Plan telephone: 301–987–2293; email: section 155 of Public Law 104–164 Documented in NIST Technical Note [email protected]. dated July 21, 1996. The following is a 2048: Simulation and Analysis Plan to SUPPLEMENTARY INFORMATION: The CPSC copy of a letter to the Speaker of the is engaged in an ongoing effort to House of Representatives, Transmittal address carbon monoxide (CO) 2 U.S. Consumer Product Safety Commission Log of Meeting, dated August 8, 2019. Available online 20–27 with attached Policy Justification poisonings of consumers from portable at: https://www.cpsc.gov/s3fs-public/2019-8- and Sensitivity of Technology. generators.1 NIST staff and CPSC staff 8%20%20Public%20Meeting% 20to%20Answer%20Clarifying Dated: August 11, 2020. 1 On November 21, 2016, the Commission %20Questions%20on%20NIST%20TN Aaron T. Siegel, published a notice of proposed rulemaking (NPRM) %202048.pdf?wcYot3.N1c5yJ686gJjiRPNaPOteO1I8. Alternate OSD Federal Register Liaison 3 to address the CO hazard associated with portable The comments are available online at: Officer, Department of Defense. generators. (Safety Standard for Portable www.regulations.gov, under docket CPSC–2006– Generators, 81 FR 83,556). 0057. BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Missile Warning Systems; twenty (JMPS) with unique planning Transmittal No. 20–27 (20) AN/APR-39 Radar Warning components; publications and Receivers; twenty (20) AN/ALE-47 technical documentation; aircraft Notice of Proposed Issuance of Letter of Countermeasure Dispenser Systems; spares and repair parts; repair and Offer Pursuant to Section 36(b)(1) of the twenty (20) AN/APX-117 return; aircraft ferry services; tanker Arms Export Control Act, as amended Identification Friend or Foe support; support and test (i) Prospective Purchaser: Government Systems (IFF); twenty (20) AN/ equipment; personnel training and of Indonesia APN-194 Radar Altimeters; twenty training equipment; software; U.S. (ii) Total Estimated Value: (20) AN/ARN-147 VHF Government and contractor Major Defense $ .8 billion OmniDirectional Range (VOR) engineering, logistics, and technical Equipment*. Instrument Landing System (ILS) support services; and other Other ...... $1.2 billion Beacon Navigation Systems; forty elements of technical and program TOTAL ...... $2.0 billion (40) ARC-210 629F-23 Multi-Band support. Radios (Non-COMSEC); twenty (20) (iv) Military Department: Navy (ID-P- (iii) Description and Quantity or AN/ASN-163 Miniature Airborne SAI) Quantities of Articles or Services under (v) Prior Related Cases, if any: None Consideration for Purchase: Global Positioning System (GPS) Major Defense Equipment (MDE): Receivers (MAGR); twenty (20) AN/ (vi) Sales Commission, Fee, etc., Paid, Eight (8) MV-22 Block C Osprey ARN-153 Tactical Airborne Offered, or Agreed to be Paid: None Aircraft Navigation Systems; twenty (20) (vii) Sensitivity of Technology Non-MDE: Traffic Collision Avoidance Contained in the Defense Article or Twenty-four (24) AE 1107C Rolls Systems (TCAS II); twenty (20) M- Defense Services Proposed to be Sold: Royce Engines; twenty (20) AN/ 240-D 7.64mm Machine Guns; See Attached Annex. AAQ-27 Forward Looking InfraRed twenty (20) GAU-21 Machine Guns; (viii) Date Report Delivered to Radars; twenty (20) AN/AAR-47 Joint Mission Planning Systems Congress: July 6, 2020

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*As defined in Section 47(6) of the The proposed sale of this equipment 4. The AN/ALE-47 Countermeasure Arms Export Control Act. and support will not alter the basic Dispenser System (CMDS) is an military balance in the region. Electronic Warfare (EW) System POLICY JUSTIFICATION The prime contractors will be Bell providing combat aircrews with Indonesia – MV-22 Block C Osprey Textron Inc., Amarillo, Texas and The enhanced survivability in all threat Aircraft Boeing Company, Ridley Park, environments. This on-board, self- Pennsylvania. There are no known protection capability stems from the The Government of Indonesia has offset agreements proposed in integration of RWR hardware with a requested to buy eight (8) MV-22 Block connection with this potential sale. system for the dispensing of expendable C Osprey aircraft. Also included are Implementation of this proposed sale countermeasures. The AN/ALE47 CMDS twenty-four (24) AE 1107C Rolls Royce will require travel by the U.S. provides the aircrew with a ‘‘smart‘‘ Engines; twenty (20) AN/AAQ-27 Government personnel and contractor countermeasure dispensing system, Forward Looking InfraRed Radars; representatives to Indonesia on a allowing the aircrew to optimize the twenty (20) AN/AAR-47 Missile temporary basis to provide program countermeasures employed against anti- Warning Systems; twenty (20) AN/APR- technical support and program aircraft threats. The systems consists of 39 Radar Warning Receivers; twenty management oversight. five major components and several sub- (20) AN/ALE-47 Countermeasure There will be no adverse impact on components. Dispenser Systems; twenty (20) AN/ U.S. defense readiness as a result of this 5. The AN/AAR-47 is an Electronic APX-117 Identification Friend or Foe proposed sale. Warfare (EW) system designed to protect Systems (IFF); twenty (20) AN/APN-194 Transmittal No. 20–27 aircraft against Infrared-Guided (IR) Radar Altimeters; twenty (20) AN/ARN- missile threats, laser-guided/laser-aided 147 VHF OmniDirectional Range (VOR) Notice of Proposed Issuance of Letter of threats, and unguided munitions. Upon Instrument Landing System (ILS) Offer Pursuant to Section 36(b)(1) of the detection of the threat, the system will Beacon Navigation Systems; forty (40) Arms Export Control Act provide an audio and visual sector ARC-210 629F-23 Multi-Band Radios Annex warning to the pilot. For IR missile (Non-COMSEC); twenty (20) AN/ASN- threats, the system automatically Item No. vii 163 Miniature Airborne Global initiates countermeasures by sending a Positioning System (GPS) Receivers (vii) Sensitivity of Technology: command signal to the CMDS. The AN/ (MAGR); twenty (20) AN/ARN-153 1. The MV-22 Osprey is a U.S.- AAR-47 includes sensor pre-processing Tactical Airborne Navigation Systems; military, multi-mission, Tilt-Rotor for improved performance in high- twenty (20) Traffic Collision Avoidance aircraft with both a Vertical Takeoff and clutter environments. Systems (TCAS II); twenty (20) M-240- Landing (VTOL) and Short Takeoff and 6. AN/APX-117 is a commercially D 7.64mm Machine Guns; twenty (20) Landing (STOL) capability. It is available Identification Friend or Foe GAU-21 Machine Guns; Joint Mission designed to combine the functionality of (IFF) transponder that incorporates all Planning Systems (JMPS) with unique a conventional helicopter with the long- of the advanced features required in planning components; publications and range, high-speed cruise performance of today’s global military and civil air technical documentation; aircraft spares a turboprop aircraft. traffic control environments. The and repair parts; repair and return; 2. The AN/AAQ-27A Forward transponder’s open-system architecture aircraft ferry services; tanker support; Looking InfraRed (FLIR) is a third- design and high-density field- support and test equipment; personnel generation, mid-wavelength infrared programmable gate array technology training and training equipment; (MWIR) imaging system that allows ensures ongoing versatility and future software; U.S. Government and aircrews to see through darkness, utility through software growth, without contractor engineering, logistics, and smoke, haze, and adverse weather. The the risk and cost associated with technical support services; and other system incorporates a state-of-the-art hardware modifications. The AN/APX- elements of technical and program MWIR indium-antimonide (InSb) staring 117 supports IFF modes 1, 2, 3/A, C. It support. The estimated total cost is $2.0 focal plane array with 480 x 640 is Automatic Dependent Surveillance – billion. detector elements. It has demonstrated Broadcast (ADS-B) complaint and is superb image quality and range compatible with Multifunctional This proposed sale will support the performance using non-developmental, Information Distribution System (MIDS) foreign policy goals and national in-production components to provide and Joint Tactical Information security objectives of the United States higher resolution imagery than current Distribution System (JTIDS). by improving the security of an long wavelength infrared systems. 7. The AN/ARN-153 is a full-featured important regional partner that is a force 3. The AN/APR-39 Radar Warning Tactical Air Navigation (TACAN) for political stability, and economic Receiver (RWR) System monitors the system capable of supporting the progress in the Asia-Pacific region. It is environment for pulsed radar signals, operational requirements of high vital to U.S. national interest to assist characterizes and identifies them, and performance aircraft in a lightweight Indonesia in developing and alerts the crew to the existence of compact design. The AN/ARN-153 maintaining a strong and effective self- emitters. The AN/APR-39 contributes to supports four modes of operation: defense capability. full-dimensional protection by receive mode; transmit-receive mode; The proposed sale of aircraft and improving individual aircraft air-to-air receive mode; and air-to-air support will enhance Indonesia’s probability of survival through transmit-receive mode. humanitarian and disaster relief improved aircrew situational awareness 8. The AN/ARN-147 systems capabilities and support amphibious of the electromagnetic threat combines all Very High Frequency operations. This sale will promote environment. These systems have (VHF) Omni Ranging/Instrument burden sharing and interoperability specific aircraft applications providing Landing System (VOR/ILS) functions with U.S. Forces. Indonesia is not varying levels and types of warning to into once compact, lightweight, low-cost expected to have any difficulties allow aircrews to initiate evasive set. It is the first militarized VHF absorbing these aircraft into its armed maneuvers or deploy active navigation receiver to provide optional forces. countermeasures. internal MIL-STD-15538 capability. The

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solid-state system is MIL-E-5400 class II 13. The Joint Mission Planning development of a system with similar or qualified and meets international System (JMPS) is a PC-based common advanced capabilities. operability requirements by providing approach for aircraft mission planning. 16. A determination has been made 50-kHz channel spacing for 160-VOR It is a system of common and host- that the Government of Indonesia can and 40-localizer/glideslope channels. platform-unique mission planning provide substantially the same degree of Digital and analog outputs of the AN/ applications for Navy and Marine Corps protection for the sensitive technology ARN-147 ensure compatibility with aircraft. Using a ‘‘building block‘‘ being released as the U.S. Government. high-performance flight control systems approach, developers integrate and This sale is necessary in furtherance of and both digital and analog instruments. assemble a JMPS Mission Planning the U.S. foreign policy and national Modular construction techniques give Environment (MPE) from a set of security objectives outlined in the quick access to all cards and modules to software sub-components to meet the Policy Justification. reduce repair time. needs of a particular aircraft type. An 17. All defense articles and services 9. The AN/ARC-210 629F-23 (non- MPE consists of a framework, one or listed in this transmittal have been COMSEC) multimode integrated more common components/federated authorized for release and export to communication system is designed to applications, and a Unique Planning Indonesia. provide multimode voice and data Component (UPC). The foundation of an [FR Doc. 2020–18478 Filed 8–21–20; 8:45 am] communications in either normal or MPE is the framework, which allows the BILLING CODE 5001–06–P jam-resistant modes in line-of-sight host operating system to interface and mode. The system is capable of interact with the MPE. The second level establishing 2-way communication links of an MPE consists of the common DEPARTMENT OF DEFENSE over the 30 to 512MHz frequency range components and/or federated in tactical aircraft environments. applications; these applications provide Office of the Secretary 10. The AN/APN-194 Radar Altimeter functionality that is common to [Transmittal No. 20–33] Receiver-Transmitter is a high- multiple aircraft platforms (i.e. weather resolution device which measures or GPS munitions). The final level of Arms Sales Notification altitude from 0 to 5,000 feet Above software is the UPC, which provides Ground Level (AGL). The radar platform-specific functionality and AGENCY: Defense Security Cooperation altimeter measures the time (analogous integrates the common components Agency, Department of Defense. to distance) required for a pulse of functions and the framework interface ACTION: Arms sales notice. electromagnetic energy to travel from to produce the overall mission planning the aircraft to the ground and back to software environment for the platform. SUMMARY: The Department of Defense is the aircraft. The AN/APN-194 employs When bundled, the three levels of publishing the unclassified text of an a narrow-pulse transmission in the C- software become an MPE that is specific arms sales notification. band range with leading edge tracking of to a single aircraft type. Depending on FOR FURTHER INFORMATION CONTACT: the echo pulse. Altitude range the aircraft model, a JMPS MPE might Karma Job at [email protected] information is obtained by comparing operate on a stand-alone, locally or (703) 697–8976. the received echo pulse with a timed networked, or domain controlled, or a SUPPLEMENTARY INFORMATION: This ramp voltage generated simultaneously mixture of all three operating 36(b)(1) arms sales notification is with the transmitted pulse. The output environments. published to fulfill the requirements of of the AN/APN-194 is fed into the section 155 of Public Law 104–164 autopilot of the target to control the 14. The highest level of classification of defense articles, components, and dated July 21, 1996. The following is a altitude of low-flying targets. copy of a letter to the Speaker of the 11. The AN/ASN-163 is a 5-channel services included in this potential sale House of Representatives, Transmittal Miniature Airborne GPS Receiver is SECRET. 20–33 with attached Policy Justification (MAGR) that provides Over-The- 15. If a technologically advanced and Sensitivity of Technology. Horizon and secure navigation adversary were to obtain knowledge of capabilities using satellite information. the hardware and software elements, the Dated: August 12, 2020. 12. The M240 Machine Gun (7.62mm) information could be used to develop Aaron T. Siegel, is a defensive weapon system used to countermeasures or equivalent systems Alternate OSD Federal Register Liaison support troop insertion and medical which might reduce system Officer, Department of Defense. evacuation missions. effectiveness or be used in the BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C Also included are containers, weapon *As defined in Section 47(6) of the Transmittal No. 20–33 systems support and support Arms Export Control Act. equipment, spare and repair parts, Notice of Proposed Issuance of Letter of publications and technical POLICY JUSTIFICATION Offer Pursuant to Section 36(b)(1) of the documentation, U.S. Government The Netherlands – AIM-120C-8 Arms Export Control Act, as amended and contractor engineering, Advanced Medium Range Air-to-Air (i) Prospective Purchaser: Government logistics, and technical support Missile (AMRAAM) of the Netherlands services, and other related elements (ii) Total Estimated Value: of logistics and program support The Government of the Netherlands Major Defense Equip- $38.0 million (iv) Military Department: Air Force has requested to buy sixteen (16) AIM- ment *. (NE-D-YAG) 120C-8 Advanced Medium Range Air- Other ...... $ 1.0 million to-Air Missiles (AMRAAM). Also (v) Prior Related Cases, if any: NE-D- included are containers, weapon YAE TOTAL ...... $39.0 million systems support and support (iii) Description and Quantity or (vi) Sales Commission, Fee, etc., Paid, equipment, spare and repair parts, Quantities of Articles or Services under Offered, or Agreed to be Paid: None publications and technical Consideration for Purchase: (vii) Sensitivity of Technology documentation, U.S. Government and Major Defense Equipment (MDE): Contained in the Defense Article or contractor engineering, logistics, and Sixteen (16) AIM-120C-8 Advanced Defense Services Proposed to be Sold: technical support services, and other Medium-Range Air-to-Air Missiles See Attached Annex related elements of logistics and (AMRAAM) (viii) Date Report Delivered to program support. The total estimated Non-MDE: Congress: July 27, 2020 program cost is $39 million.

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This proposed sale will support the Transmittal No. 20–33 and national security objectives as foreign policy and national security of Notice of Proposed Issuance of Letter of outlined in the Policy Justification. the United States by helping to improve Offer 5. All defense articles and services security of a NATO ally which is an listed in this transmittal have been important force for political stability Pursuant to Section 36(b)(1) of the Arms authorized for release and export to the and economic progress in Northern Export Control Act Netherlands. Europe. Annex [FR Doc. 2020–18473 Filed 8–21–20; 8:45 am] The proposed sale will improve the Item No. vii BILLING CODE 5001–06–P Netherlands’ capability to meet current (vii) Sensitivity of Technology: and future threats by deterring regional 1. The AIM-120C-8 Advance Medium DEPARTMENT OF DEFENSE threats, strengthen its homeland Range Air-to-Air Missile (AMRAAM) is defense, and enable interoperability and a supersonic, air launched, aerial Office of the Secretary standardization between the armed intercept, guided missile featuring forces of the Netherlands and the United digital technology and micro-miniature [Transmittal No. 20–36] States. The Netherlands, which already solid-state electronics. AMRAAM maintains AMRAAM missiles, will have capabilities include look-down/shoot- Arms Sales Notification no difficulty absorbing this equipment down, multiple launches against AGENCY: Defense Security Cooperation and support into its armed forces. multiple targets, resistance to electronic countermeasures, and interception of Agency, Department of Defense. The proposed sale of this equipment high- and low-flying and maneuvering ACTION: Arms sales notice. and support will not alter the basic targets. The AIM-120C-8 is a form, fit, military balance in the region. function refresh of the AIM-120C-7 and SUMMARY: The Department of Defense is The principal contractor will be is the next generation to be produced. publishing the unclassified text of an Raytheon Missiles & Defense, Tucson, 2. The highest level of classification of arms sales notification. AZ. There are no known offset information included in this potential FOR FURTHER INFORMATION CONTACT: agreements proposed in connection sale is SECRET. Karma Job at [email protected] with this potential sale. 3. If a technologically advanced or (703) 697–8976. adversary were to obtain knowledge of SUPPLEMENTARY INFORMATION: This Implementation of this proposed sale the hardware and software elements, the will not require the assignment of any 36(b)(1) arms sales notification is information could be used to develop published to fulfill the requirements of additional U.S. Government or countermeasures or equivalent systems section 155 of Public Law 104–164 contractor representatives to the which might reduce system dated July 21, 1996. The following is a Netherlands. effectiveness or be used in the copy of a letter to the Speaker of the There will be no adverse impact on development of a system with similar or House of Representatives, Transmittal U.S. defense readiness as a result of this advanced capabilities. 20–36 with attached Policy Justification 4. A determination has been made proposed sale. and Sensitivity of Technology. that the Netherlands can provide substantially the same degree of Dated: August 11, 2020. protection for the technology being Aaron T. Siegel, released as the U.S. Government. This Alternate OSD Federal Register Liaison potential sale is necessary in Officer, Department of Defense. furtherance of the U.S. foreign policy BILLING CODE 5001–06–P

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BILLING CODE 5001–06–C One (1) UH-60M Black Hawk aircraft (v) Prior Related Cases, if any: Transmittal No. 20–36 Two (2) T700-GE-701D engines (vi) Sales Commission, Fee, etc., Paid, One (1) Common Missile Warning Offered, or Agreed to be Paid: None Notice of Proposed Issuance of Letter of System (vii) Sensitivity of Technology Offer Pursuant to Section 36(b)(1) of the Contained in the Defense Article or Arms Export Control Act, as amended Non-MDE: Also included is one (1) AN/APR-39 Defense Services Proposed to be Sold: (i) Prospective Purchaser: Government Radar Signal Detecting Set; one (1) See Attached Annex of Jordan AN/AVR-2B Laser Detecting Set; (viii) Date Report Delivered to (ii) Total Estimated Value: two (2) AN-ARC-231 Radios; two (2) Congress: July 7, 2020 Major Defense $19 million AN-ARC-201D Radios; one (1) AN/ *As defined in Section 47(6) of the Equipment*. APX-123A Identification Friend or Arms Export Control Act. Other ...... $ 4 million Foe (IFF) Transponder; two (2) POLICY JUSTIFICATION Embedded Global Positioning TOTAL ...... $23 million System with Inertial Navigation Jordan – U-60M Black Hawk Helicopters (iii) Description and Quantity or (EGIs); one (1) Common Missile The Government of Jordan has Quantities of Articles or Services under Warning System User Data Module; requested to buy one (1) UH-60M Black Consideration for Purchase: The Aviation Mission Planning System Hawk helicopter in standard U.S. Army Government of Jordan has requested to (AMPS); AMPS software configuration with standard buy one (1) UH-60M Black Hawk development and support services; Government Furnished Equipment Helicopter in standard U.S. Army and other related elements of (GFE), including two (2) T700-GE-701D configuration with standard logistical, engineering, and program engines and one (1) Common Missile Government Furnished Equipment support. Warning System. Also included is one (GFE). (iv) Military Department: Army (JO-B- (1) AN/APR-39 Radar Signal Detecting Major Defense Equipment (MDE): YEA) Set; one (1) AN/AVR-2B Laser Detecting

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Set; two (2) AN-ARC-231 Radios; two (2) 3. The AN/AVR-2B Laser Warning Set the art mission planning tools to AN-ARC-201D Radios; one (1) AN/APX- is a passive laser warning system that enhance situational awareness, 123A Identification Friend or Foe (IFF) receives, processes, and displays threat command and control, and safety of Transponder; two (2) Embedded Global information resulting from aircraft aircraft pilots and aviation commanders. Positioning System with Inertial illumination by lasers on a multi- The system provides a suite of Navigation (EGIs); one (1) Common functional display. applications that allow users to perform Missile Warning System User Data 4. The AN-ARC-231 is an airborne task such as plot flight path waypoints, Module; Aviation Mission Planning Very High Frequency/Ultra High compute distance and fuel System (AMPS); AMPS software Frequency (VHF/UHF) Line-of-Sight requirements, calculate aircraft development and support services; and (LOS) and Demand Assigned Multiple configuration against weight and other related elements of logistical, Access (DAMA) satellite balance limits and perform flight safety engineering, and program support. The communications (SATCOM) system. validations, and generate briefing estimated total cost is $23 million. The ARC-231 provides airborne, multi- materials or pilot information kits. This proposed sale will support the band, multi-mission, secure anti-jam 11. The highest level of classification foreign policy and national security of voice, data, and imagery network of defense articles, components, and the United States by helping to improve capable communications in a compact services included in this potential sale the security of a Major Non-NATO Ally radio set. is SECRET. that is an important force for political 5. The AN-ARC-201D Single Channel 12. If a technologically advanced stability and economic progress in the Ground and Airborne Radio System adversary were to obtain knowledge of Middle East. (SINCGARS) is a tactical airborne radio the specific hardware and software The UH-60M will supplement subsystem that provides secure, anti-jam elements, the information could be used Jordan’s existing Royal Squadron fleet of voice and data communication. to develop countermeasures which Black Hawk helicopters and be used to 6. The AAR-57(V) Common Missile might reduce weapon system facilitate the movement of the Jordanian Warning System (CMWS) detects threat effectiveness or be used in the Royal Family in a safe and efficient missiles in flight, evaluates potential development of a system with similar or manner. Jordan already has the UH-60M false alarms, declares validity of threat, advanced capabilities. capability and will have no difficulty and selects appropriate Infrared 13. This sale is necessary in absorbing this equipment and services Countermeasures (IRCM). The system furtherance of the U.S. foreign policy into its armed forces. includes Electro-Optical Missile and national security objectives The proposed sale of this equipment Sensors, an Electronic Control Unit outlined in the Policy Justification. A and support will not alter the basic (ECU), Sequencer, and Improved determination has been made that military balance in the region. Countermeasures Dispenser (ICMD). Jordan can provide substantially the The principal contractors will be 7. Embedded Global Positioning/ same degree of protection for the Sikorsky Aircraft Company, Stratford, Inertial Navigation (EGI) System sensitive technology being released as CT and General Electric Aircraft provides Global Positioning System the U.S. Government. Company, Lynn, MA. There are no (GPS) and Inertial Navigation System 14. All defense articles and services known offset agreements proposed in (INS) capabilities to the aircraft. The EGI listed in this transmittal have been connection with this potential sale. includes Selective Availability Anti- authorized for release and export to Implementation of this proposed sale Spoofing Module (SAASM) security Jordan. will not require the assignment of any modules to be used for secure GPS [FR Doc. 2020–18476 Filed 8–21–20; 8:45 am] Precise Positioning Service (PPS), if additional U.S. Government or BILLING CODE 5001–06–P contractor representatives to Jordan. required. There will be no adverse impact on 8. The AN/APX-123A Identification U.S. defense readiness as a result of this Friend or Foe (IFF) Transponder is a DEPARTMENT OF DEFENSE proposed sale. space diversity transponder and is installed on various military platforms. Office of the Secretary Transmittal No. 20–36 When installed in conjunction with [Transmittal No. 20–40] Notice of Proposed Issuance of Letter of platform antennas and the Remote Offer Control Unit (or other appropriate Arms Sales Notification control unit), the transponder provides Pursuant to Section 36(b)(1) of the Arms identification, altitude, and surveillance AGENCY: Defense Security Cooperation Export Control Act reporting in response to interrogations Agency, Department of Defense. Annex from airborne, ground-based and/or ACTION: Arms sales notice. surface interrogators. Item No. vii 9. The Common Missile Warning SUMMARY: The Department of Defense is (vii) Sensitivity of Technology: System (CMWS) User Data Module publishing the unclassified text of an 1. The UH-60M Black Hawk is an (UDM) is a removable Personal arms sales notification. assault/utility helicopter. The UH-60M Computer Memory Card International FOR FURTHER INFORMATION CONTACT: weapon system contains Association (PCMCIA) module that is Karma Job at [email protected] communications and identification installed in the UDM housing on the or (703) 697–8976. equipment, navigation equipment, CMWS ECU. The UDM contains the SUPPLEMENTARY INFORMATION: This aircraft survivability equipment, Operational Flight Program (OFP), 36(b)(1) arms sales notification is displays, and sensors. aircraft, threat/countermeasure file published to fulfill the requirements of 2. The AN/APR-39 Radar Signal library, and mission specific section 155 of Public Law 104–164 Detecting Set is a system that provides information used in the embedded dated July 21, 1996. The following is a warning of a radar directed air defense system. copy of a letter to the Speaker of the threat to allow appropriate 10. The Aviation Mission Planning House of Representatives, Transmittal countermeasures. This configuration is System (AMPS) is a hardware and 20–40 with attached Policy Justification 1553 data bus compatible. software solution that provides state of and Sensitivity of Technology.

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Dated: August 11, 2020. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001–06–P

BILLING CODE 5001–06–C Major Defense Equipment (MDE): Four (4) AN/APX-122(A) and AN/ Transmittal No. 20–40 Three (3) E-2D Advanced Hawkeye APX-123(A) Identification, Friend Aircraft or Foe systems (3 installed and 1 Notice of Proposed Issuance of Letter of Ten (10) T-56–427A engines (6 spare) Offer Pursuant to Section 36(b)(1) of the installed and 4 spares) One (1) Joint Mission Planning Arms Export Control Act, as amended Three (3) AN/APY-9 Radar System (i) Prospective Purchaser: Government Assemblies Four (4) AN/ALQ-217 Electronic Non-MDE: of France Support Measure systems (3 Also included are Common Systems (ii) Total Estimated Value: installed and 1 spare) Integration Laboratories with/Test Major Defense Equip- $1.3 billion Three (3) AN/AYK-27 Integrated Equipment, one in Melbourne, FL, ment *. Navigation Channels and Display and the other in France; air and Other ...... $ .7 billion Systems ground crew equipment; support equipment; spare and repair parts; Total ...... $2.0 billion Five (5) Link-16 (MIDS-JTRS) Communications Systems (3 publications and technical (iii) Description and Quantity or installed and 2 spares) documentation; transportation; Quantities of Articles or Services under Ten (10) Embedded GPS/INS (EGI) training and training equipment; Consideration for Purchase: Devices (6 installed and 4 spares) U.S. Government and contractor

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logistics, engineering, and technical As a current E–2C operator, France will 5. The AN/APY-9 Airborne Early support services; and other related have no difficulty absorbing this Warning (AEW) Radar Group is an all- elements of logistics and program equipment and support into its armed weather, airborne early warning radar support forces. designed to detect small, highly (iv) Military Department: Navy (FR-P- The proposed sale of this equipment maneuverable targets in the dense SBM) and support will not alter the basic littoral and overland environments. The (v) Prior Related Cases, if any: FR-P- military balance in the region. AN/APY-9 AEW Radar Group provides GXJ The principal contractor will be enhanced airborne command and (vi) Sales Commission, Fee, etc., Paid, Northrop Grumman Systems Corp, control and expanded surveillance Offered, or Agreed to be Paid: None Aerospace Systems, Melbourne, FL. capabilities. (vii) Sensitivity of Technology There are no known offset agreements 6. The AN/ALQ-217 Electronic Contained in the Defense Article or proposed in connection with this Support Measures (ESM) system is a Defense Services Proposed to be Sold: potential sale. Any offset agreement will passive detection system used to See Attached Annex be defined in negotiations between the identify and locate Radio Frequency (viii) Date Report Delivered to Purchaser and the prime contractor. (RF) signals. The AN/ALQ-217 ESM Congress: July 6, 2020 Implementation of this proposed sale System provides autonomous detection * As defined in Section 47(6) of the will not require the assignment of any and identification of RF emissions. Arms Export Control Act. additional U.S. Government or 7. The AN/ARC–210 RT–1939A(C) POLICY JUSTIFICATION contractor representatives to France. Radio is a Very High Frequency (VHF) There will be no adverse impact on and Ultra High Frequency (UHF) two- France—E–2D Advanced Hawkeye U.S. defense readiness resulting from way radio providing voice and data Aircraft, Spares and Support Equipment this proposed sale. communication. The AN/ARC–210 RT– 1939A(C) Radio provides two-way, The Government of France requests to Transmittal No. 20–40 buy three (3) E–2D Advanced Hawkeye multi-mode voice and data Aircraft, ten (10) T–56–427A engines (6 Notice of Proposed Issuance of Letter of communications across VHF and UHF installed and 4 spares), three (3) AN/ Offer Pursuant to Section 36(b)(1) of the frequencies as well as satellite APY–9 radar assemblies, four (4) AN/ Arms Export Control Act communication. ALQ–217 electronic support measure Annex 8. The AN/APX–122A Identification systems (3 installed and 1 spare), three Friend or Foe (IFF) Interrogator is a Item No. vii (3) AN/AYK–27 Integrated Navigation cooperative airborne interrogator Channels and Display Systems, five (5) (vii) Sensitivity of Technology: capable of detecting military and Link–16 (MIDS–JTRS) Communications 1. The E–2D Airborne Early Warning civilian transponders. The AN/APX– Systems (3 installed and 2 spares), ten Aircraft is a carrier based command and 122A IFF Interrogator provides target (10) Embedded GPS/INS (EGI) Devices control aircraft. The E–2D Airborne identification of both civilian and (6 installed and 4 spares), four (4) AN/ Early Warning Aircraft provides military targets via standardized APX–122(A) and AN/APX–123(A) command and control capability as well interrogation modes. Identification, Friend or Foe systems (3 as sea and air surveillance for naval 9. The AN/APX–123A (V) installed and 1 spare) and one (1) Joint forces. Identification Friend or Foe (IFF) Mission Planning System. Also 2. The Multifunctional Information Transponder is a cooperative included are Common Systems Distribution System (MIDS) Joint transponder capable of providing Integration Laboratories with/Test Tactical Radio System V (JTRS-5) is a ownship IFF data to available IFF Equipment, one in Melbourne, FL, and Command, Control, Communications, interrogators. The AN/APX–123A (V) the other in France; air and ground crew Computing and Intelligence (C4I) IFF Transponder provides ownship equipment; support equipment; spare system for the exchange of near real- information inclusive of craft and repair parts; publications and time tactical information. MIDS JTRS identification data as well as altitude. technical documentation; provides Link 16 and TACAN 10. The Joint Mission Planning transportation; training and training functionalities providing information, System (JMPS) and Mission Planning equipment; U.S. Government and both data and voice, across the network Environment (MPE) is a software system contractor logistics, engineering, and to air, ground, and maritime elements. that provides aircrews with well- technical support services; and other 3. The AN/AYK–27 Integrated structured automated flight planning related elements of logistics and Navigation Channels and Display tools for aircraft, weapons, and sensors. program support. The total estimated System (INCDS) is a navigation and The JMPS MPE system provides the program cost is $2 billion. communication system used for internal information, automated tools, and This proposed sale will support the aircrew communication as well as decision aids needed to plan aircraft, foreign policy and national security of operational alert and messaging display. weapon, and sensor missions rapidly the United States by helping to improve The AN/AYK–27 INCDS provides and accurately. security of a NATO ally which is an internal communications between the 11. The highest level of classification important force for political stability five crew members and interfaces with of defense articles, components, and and economic progress in Europe. the radio and selected navigation services included in this potential sale The proposed sale will improve systems. is SECRET. France’s capability to meet current and 4. The LN-251 Embedded Global 12. If a technologically advanced future threats by providing its Naval Air Positioning System (GPS) Inertial adversary were to obtain knowledge of Forces with a sustainable follow on Navigation System (INS) (EGI) is a the specific hardware and software capability to their current, legacy E–2C navigation system accurate global elements, the information could be used Hawkeye aircraft. The E–2D aircraft will positioning information. The LN-251 to develop countermeasures that might continue and expand French naval EGI provides both satellite and inertial reduce weapon system effectiveness or aviation capabilities and maintain position information used for aircraft be used in the development of a system interoperability with U.S. naval forces. navigation and tracking with similar or advanced capabilities.

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13. A determination has been made DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: This that France can provide substantially 36(b)(5)(C) arms sales notification is the same degree of protection for the Office of the Secretary published to fulfill the requirements of sensitive technology being released as [Transmittal No. 20–0H] section 155 of Public Law 104–164 the U.S. Government. This sale is dated July 21, 1996. The following is a necessary in furtherance of the U.S. Arms Sales Notification copy of a letter to the Speaker of the foreign policy and national security AGENCY: Defense Security Cooperation House of Representatives, Transmittal objectives outlined in the Policy Agency, Department of Defense. 20–0H with attached Policy Justification. Justification. ACTION: Arms sales notice. 14. All defense articles and services Dated: August 11, 2020. SUMMARY: The Department of Defense is listed in this transmittal have been Aaron T. Siegel, authorized for release and export to the publishing the unclassified text of an arms sales notification. Alternate OSD Federal Register Liaison France. Officer, Department of Defense. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–18479 Filed 8–21–20; 8:45 am] Karma Job at [email protected] BILLING CODE 5001–06–P BILLING CODE 5001–06–P or (703) 697–8976.

BILLING CODE 5001–06–C (ii) Sec. 36(b)(1), AECA Transmittal (90) Multifunctional Information Transmittal No. 20–0H No.: 16–65 Distribution System Joint Tactical Radio Date: December 2, 2016 System (MIDS-JTRS) Variant(s). Also REPORT OF ENHANCEMENT OR included were follow-on equipment and UPGRADE OF SENSITIVITY OF Implementing Agency: Navy support for Finland’s F/A-18 Mid-Life TECHNOLOGY OR CAPABILITY (SEC. (iii) Description: On December 2, 2016 Upgrade (MLU) program including 36(B)(5)(C), AECA) Congress was notified, by Congressional certification transmittal number 16–65, software test and integration center (i) Prospective Purchaser: Government of the possible sale, under Section upgrades, flight testing, spare and repair of Finland 36(b)(1) of the Arms Export Control Act, parts, support and test equipment, to the Government of Finland of ninety transportation, publications and

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technical documentation, personnel DATES: This Certificate of Alternate possible compliance with the applicable training and training equipment, U.S. Compliance is effective August 24, 2020 provision of the 72 COLREGS. Government and contractor technical and is applicable beginning July 30, Authority: 33 U.S.C. 1605(c), E.O. 11964) and logistics support services, and other 2020. related elements of logistics support. Approved: August 18, 2020. FOR FURTHER INFORMATION CONTACT: The estimated cost was $156 million. D. J. Antenucci, Lieutenant Martin Bunt, JAGC, U.S. Major Defense Equipment (MDE) Commander, Judge Advocate General’s Corps, Navy, Admiralty Attorney, Office of the constituted $57 million of this total. U.S. Navy, Federal Register Liaison Officer. This transmittal notifies inclusion of Judge Advocate General, Admiralty and [FR Doc. 2020–18445 Filed 8–21–20; 8:45 am] Maritime Law Division (Code 11), 1322 the following additional non-MDE BILLING CODE 3810–FF–P items: U.S. program management, Patterson Ave. SE, Suite 3000, financial, logistics, engineering, training Washington Navy Yard, DC 20374– 5066, 202–685–5040, or admiralty@ and transportation support; and the DEPARTMENT OF EDUCATION Common Unique Planning Component navy.mil. [Docket No.: ED–2020–SCC–0084] (CUPC)/Common Weapons Planning SUPPLEMENTARY INFORMATION: Environment (CWPE) software. The Background and Purpose. Executive Agency Information Collection addition of these items will result in a Order 11964 of January 19, 1977 and 33 Activities; Submission to the Office of net increase in non-MDE cost of $60 U.S.C. 1605 provide that the Management and Budget for Review million, resulting in a revised non-MDE requirements of the International and Approval; Comment Request; cost of $159 million. The total estimated Regulations for Preventing Collisions at William D. Ford Federal Direct Loan case value will increase to $216 million. Sea, 1972 (72 COLREGS), as to the Program, Federal Direct PLUS Loan (iv) Significance: The proposed number, position, range, or arc of Request for Supplemental Information articles and services will support visibility of lights or shapes, as well as Finland’s ability to maintain its F-18 to the disposition and characteristics of AGENCY: Federal Student Aid, weapons aircraft. sound-signaling appliances, shall not Department of Education (ED). (v) Justification: This proposed sale apply to a vessel or class of vessels of ACTION: Notice. will support the foreign policy and the Navy where the Secretary of the national security of the United States by Navy shall find and certify that, by SUMMARY: In accordance with the improving the security of a trusted reason of special construction or Paperwork Reduction Act of 1995, ED is partner which is an important force for purpose, it is not possible for such proposing a revision to an existing political stability and economic progress vessel(s) to comply fully with the information collection. in Europe. It is vital to the U.S. national provisions without interfering with the DATES: Interested persons are invited to interest to assist Finland in developing special function of the vessel(s). Notice submit comments on or before and maintaining a strong and ready self- of issuance of a Certificate of Alternate September 23, 2020. defense capability. ADDRESSES: Written comments and (vi) Date Report Delivered to Compliance must be made in the recommendations for proposed Congress: July 6, 2020 Federal Register. In accordance with 33 U.S.C. 1605, information collection requests should [FR Doc. 2020–18475 Filed 8–21–20; 8:45 am] the DAJAG (Admiralty and Maritime be sent within 30 days of publication of BILLING CODE 5001–06–P Law), under authority delegated by the this notice to www.reginfo.gov/public/ Secretary of the Navy, hereby finds and do/PRAMain. Find this particular information collection request by DEPARTMENT OF DEFENSE certifies that USS DANIEL INOUYE (DDG 118) is a vessel of special selecting ‘‘Department of Education’’ Department of the Navy construction or purpose, and that, with under ‘‘Currently Under Review,’’ then respect to the position of the following check ‘‘Only Show ICR for Public Certificate of Alternate Compliance for navigational lights, it is not possible to Comment’’ checkbox. USS DANIEL INOUYE (DDG 118) comply fully with the requirements of FOR FURTHER INFORMATION CONTACT: For the provisions enumerated in the 72 specific questions related to collection AGENCY: Department of the Navy, DoD. COLREGS without interfering with the activities, please contact Beth ACTION: Notice of issuance of Certificate special function of the vessel: Grebeldinger, 202–377–4018. of Alternate Compliance. Rule 23(a), the requirement to display SUPPLEMENTARY INFORMATION: The SUMMARY: The U.S. Navy hereby a forward and aft masthead light Department of Education (ED), in announces that a Certificate of Alternate underway; Annex I, paragraph 2(f)(i), accordance with the Paperwork Compliance has been issued for USS pertaining to the placement of the Reduction Act of 1995 (PRA) (44 U.S.C. DANIEL INOUYYE (DDG 118). Due to masthead light or lights above and clear 3506(c)(2)(A)), provides the general the special construction and purpose of of all other lights and obstructions; public and Federal agencies with an this vessel, the Deputy Assistant Judge Annex I, paragraph 3(a), pertaining to opportunity to comment on proposed, Advocate General (DAJAG)(Admiralty the horizontal distance between the revised, and continuing collections of and Maritime Law) has determined it is forward and aft masthead lights; Rule information. This helps the Department a vessel of the Navy which, due to its 27(b)(i), requiring vessels restricted in assess the impact of its information special construction and purpose, their ability to maneuver to display collection requirements and minimize cannot comply fully with the navigation three all-around lights in a vertical line the public’s reporting burden. It also lights provisions of the International where they can be seen; Annex I, helps the public understand the Regulations for Preventing Collisions at paragraph 2(f)(ii), pertaining to the Department’s information collection Sea, 1972 (72 COLREGS) without vertical position of the all-around lights requirements and provide the requested interfering with its special function as a in relation to the aft masthead light. data in the desired format. ED is naval ship. The intended effect of this The DAJAG (Admiralty and Maritime soliciting comments on the proposed notice is to warn mariners in waters Law) further finds and certifies that information collection request (ICR) that where 72 COLREGS apply. these navigational lights are in closest is described below. The Department of

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Education is especially interested in SUMMARY: The U.S. Department of document marked ‘‘confidential’’ public comment addressing the Energy (DOE) invites public comment including all the information believed to following issues: (1) Is this collection on its Request for Information (RFI) be confidential, and one copy of the necessary to the proper functions of the number DE–FOA–0002386 to help document marked ‘‘non-confidential’’ Department; (2) will this information be inform its Bioenergy Technologies with the information believed to be processed and used in a timely manner; Office’s (BETO) research priorities and confidential deleted. DOE will make its (3) is the estimate of burden accurate; funding strategies. The purpose of this own determination about the (4) how might the Department enhance RFI is to solicit feedback from industry, confidential status of the information the quality, utility, and clarity of the academia, research laboratories, and treat it according to its information to be collected; and (5) how government agencies, and other determination. might the Department minimize the stakeholders on issues related to Signing Authority: This document of burden of this collection on the residential wood heater technology the Department of Energy was signed on respondents, including through the use advancement and bioprocessing August 14, 2020, by Michael Berube, of information technology. Please note separations development. Acting Director of the Bioenergy that written comments received in DATES: Responses to the RFI must be Technologies Office, Office of Energy response to this notice will be received by September 21, 2020. Efficiency and Renewable Energy, considered public records. ADDRESSES: Interested parties are to pursuant to delegated authority from the Title of Collection: William D. Ford submit comments electronically to Secretary of Energy. That document Federal Direct Loan Program, Federal [email protected]. Include with the original signature and date is Direct PLUS Loan Request for ‘‘BETO Multi-Topic RFI’’ in the subject maintained by DOE. For administrative Supplemental Information. line of the email. Only electronic purposes only, and in compliance with OMB Control Number: 1845–0103. responses will be accepted. The requirements of the Office of the Federal Type of Review: A revision of an complete RFI document is located at Register, the undersigned DOE Federal existing information collection. https://eere-exchange.energy.gov/. Register Liaison Officer has been Respondents/Affected Public: FOR FURTHER INFORMATION CONTACT: authorized to sign and submit the Individuals or households. Questions may be addressed to document in electronic format for Total Estimated Number of Annual [email protected] or contact publication, as an official document of Responses: 1,230,000. Josh Messner at 720–318–7385 or by the Department of Energy. This Total Estimated Number of Annual email at [email protected]. administrative process in no way alters Burden Hours: 615,000. Further instruction can be found in the the legal effect of this document upon Abstract: The Federal Direct PLUS RFI document posted on EERE publication in the Federal Register. Loan Request for Supplemental Exchange. Signed in Washington, DC, on August 18, Information serves as the means by 2020. SUPPLEMENTARY INFORMATION: The which a parent or graduate/professional Treena V. Garrett, student Direct PLUS Loan applicant purpose of this RFI is to solicit feedback from industry, academia, research Federal Register Liaison Officer, U.S. may provide certain information to a Department of Energy. school that will assist the school in laboratories, government agencies, and other stakeholders on issues related to [FR Doc. 2020–18436 Filed 8–21–20; 8:45 am] originating the borrower’s Direct PLUS BILLING CODE 6450–01–P Loan award, as an alternative to overcoming the technical barriers and providing this information to the school challenges in the design of clean, efficient residential scale wood heaters by other means established by the DEPARTMENT OF ENERGY school. and in bioprocessing separations This is a request for a revision of the development. EERE is specifically Federal Energy Regulatory currently approved form. The form was interested in information on the Commission reorganized for improved usability and following areas: flow. Topic Area 1—Residential Wood Combined Notice of Filings #1 Heater Technology Advancement: Dated: August 18, 2020. Identifying the critical technology gaps Take notice that the Commission Kate Mullan, and resources required to significantly received the following electric corporate PRA Coordinator, Strategic Collections and reduce emissions and improve filings: Clearance Governance and Strategy Division, efficiency of residential wood heaters. Docket Numbers: EC20–92–000. Office of Chief Data Officer, Office of Topic Area 2—Bioprocessing Applicants: SR Snipesville, LLC. Planning, Evaluation and Policy Separations Development: Identifying Description: Application for Development. the critical technology gaps and Authorization Under Section 203 of the [FR Doc. 2020–18458 Filed 8–21–20; 8:45 am] research needs required to enable more Federal Power Act, et al. of SR BILLING CODE 4000–01–P efficient separations technologies Snipesville, LLC. spanning biochemical and Filed Date: 8/17/20. thermochemical approaches. Accession Number: 20200817–5253. Additional information is available in Comments Due: 5 p.m. ET 9/8/20. DEPARTMENT OF ENERGY the full RFI. The RFI is available at: Take notice that the Commission https://eere-exchange.energy.gov/. received the following electric rate Notice of Request for Information (RFI) filings: on FY 2021 Bioenergy Technologies Confidential Business Information Docket Numbers: ER15–1883–009; Office Multi-Topics Pursuant to 10 CFR 1004.11, any ER10–1852–043; ER10–1890–015; AGENCY: Office of Energy Efficiency and person submitting information that he ER10–1951–025; ER10–1962–014; Renewable Energy, Department of or she believes to be confidential and ER10–1989–015; ER11–2160–015; Energy (DOE). exempt by law from public disclosure ER11–4462–046; ER11–4677–015; should submit via email two well- ER11–4678–015; ER12–2444–014; ACTION: Request for information (RFI). marked copies: One copy of the ER12–631–016; ER13–1991–014; ER13–

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1992–014; ER13–2112–010; ER15–1016– Description: § 205(d) Rate Filing: Dated: August 18, 2020. 008; ER15–1375–008; ER15–1418–009; Letter Agreement RE Garland A LLC SA Nathaniel J. Davis, Sr., ER15–2477–008; ER16–2443–005; No. 250 to be effective 8/18/2020. Deputy Secretary. ER16–632–007; ER16–90–008; ER16– Filed Date: 8/17/20. [FR Doc. 2020–18513 Filed 8–21–20; 8:45 am] Accession Number: 20200817–5215. 91–009; ER17–2340–005; ER17–582– BILLING CODE 6717–01–P 006; ER17–583–006; ER17–838–021. Comments Due: 5 p.m. ET 9/8/20. Applicants: Adelanto Solar, LLC, Docket Numbers: ER20–2687–000. Adelanto Solar II, LLC, Blythe Solar II, Applicants: PJM Interconnection, DEPARTMENT OF ENERGY LLC, Blythe Solar 110, LLC, Desert L.L.C. Sunlight 250, LLC, Desert Sunlight 300, Description: § 205(d) Rate Filing: Federal Energy Regulatory LLC, Florida Power & Light Company, Original WMPA, Service Agreement No. Commission FPL Energy Green Power Wind, LLC, 5740; Queue No. AF2–272 to be FPL Energy, Montezuma Wind, LLC, effective 7/20/2020. Combined Notice of Filings Filed Date: 8/18/20. Genesis Solar, LLC, Golden Hills Take notice that the Commission has Interconnection, LLC, Golden Hills Accession Number: 20200818–5075. Comments Due: 5 p.m. ET 9/8/20. received the following Natural Gas North Wind, LLC, Golden Hills Wind, Pipeline Rate and Refund Report filings: LLC, High Winds, LLC, McCoy Solar, Docket Numbers: ER20–2688–000. Docket Numbers: RP20–1096–000. LLC, NextEra Blythe Solar Energy Applicants: California Independent Applicants: Equitrans, L.P. Center, LLC, NextEra Energy System Operator Corporation. Description: § 4(d) Rate Filing: Montezuma II Wind, LLC, NextEra Description: § 205(d) Rate Filing: Negotiated Rate Agreement—BP 8/14/ Energy Marketing, LLC, NEPM II, LLC, 2020–08–18 EIM Implementation 2020 to be effective 8/14/2020. NextEra Energy Services Massachusetts, Agreement with Avangrid to be effective Filed Date: 8/13/20. LLC, North Sky River Energy, LLC, 10/18/2020. Accession Number: 20200813–5084. Shafter Solar, LLC, Sky River LLC, Filed Date: 8/18/20. Accession Number: 20200818–5123. Comments Due: 5 p.m. ET 8/25/20. Vasco Winds, LLC, Westside Solar, LLC, Comments Due: 5 p.m. ET 9/8/20. Whitney Point Solar, LLC, Windpower Docket Numbers: RP19–1523–009. Partners 1993, LLC. Docket Numbers: ER20–2689–000. Applicants: Panhandle Eastern Pipe Applicants: Emmons-Logan Wind Description: Notice of Change in Line Company, LP. Interconnection, LLC. Status of NextEra Entities, et al. Description: Compliance filing Description: Baseline eTariff Filing: Compliance with RP19–1523 Order on Filed Date: 8/17/20. Emmons-Logan Wind Interconnection, Accession Number: 20200817–5267. Arguments and Compliance to be LLC & Emmons-Logan Wind, LLC SFA effective 3/1/2020. Comments Due: 5 p.m. ET 9/8/20. to be effective 10/18/2020. Filed Date: 8/14/20. Docket Numbers: ER19–1488–001. Filed Date: 8/18/20. Accession Number: 20200814–5059. Applicants: Southern Indiana Gas and Accession Number: 20200818–5133. Comments Due: 5 p.m. ET 8/26/20. Electric Company. Comments Due: 5 p.m. ET 9/8/20. Docket Numbers: RP20–1097–000. Description: Midcontinent Docket Numbers: ER20–2690–000. Applicants: Dominion Energy Questar Independent System Operator, Inc. Applicants: Jordan Creek Wind Farm Pipeline, LLC. submits tariff filing per 35.19a(b): LLC. _ Description: § 4(d) Rate Filing: Non- Refund Report Southern Indiana Gas Description: Baseline eTariff Filing: conforming TSAs—Questar Gas and Electric Company to be effective Jordan Creek Wind Farm LLC Company to be effective 10/1/2020. N/A. Application for MBR Authority to be Filed Date: 8/14/20. Filed Date: 8/18/20. effective 10/18/2020. Accession Number: 20200814–5056. Filed Date: 8/18/20. Accession Number: 20200818–5121. Comments Due: 5 p.m. ET 8/26/20. Comments Due: 5 p.m. ET 9/8/20. Accession Number: 20200818–5136. Comments Due: 5 p.m. ET 9/8/20. Docket Numbers: RP20–1098–000. Docket Numbers: ER20–6–001. Applicants: Gulfstream Natural Gas Applicants: Midcontinent The filings are accessible in the Commission’s eLibrary system (https:// System, L.L.C. Independent System Operator, Inc. Description: § 4(d) Rate Filing: FTS Description: Midcontinent elibrary.ferc.gov/idmws/search/ fercgensearch.asp) by querying the FOSA Modification to be effective 9/14/ Independent System Operator, Inc. 2020. submits tariff filing per 35.19a(b): docket number. Any person desiring to intervene or Filed Date: 8/14/20. Refund Report Alcoa Power Generating Accession Number: 20200814–5063. Inc. to be effective N/A. protest in any of the above proceedings must file in accordance with Rules 211 Comments Due: 5 p.m. ET 8/26/20. Filed Date: 8/18/20. and 214 of the Commission’s Docket Numbers: RP20–1099–000. Accession Number: 20200818–5117. Regulations (18 CFR 385.211 and Applicants: Kern River Gas Comments Due: 5 p.m. ET 9/8/20. 385.214) on or before 5:00 p.m. Eastern Transmission Company. Docket Numbers: ER20–80–001. time on the specified comment date. Description: § 4(d) Rate Filing: 2020 Applicants: Meadow Lake Wind Farm Protests may be considered, but Questar Peaking Negotiated Rate VI LLC. intervention is necessary to become a Agreement to be effective 9/15/2020. Description: Report Filing: Refund party to the proceeding. Filed Date: 8/14/20. Report Under Docket ER20–80 to be eFiling is encouraged. More detailed Accession Number: 20200814–5066. effective N/A. information relating to filing Comments Due: 5 p.m. ET 8/26/20. Filed Date: 8/18/20. requirements, interventions, protests, Docket Numbers: RP20–1100–000. Accession Number: 20200818–5063. service, and qualifying facilities filings Applicants: Empire Pipeline, Inc. Comments Due: 5 p.m. ET 9/8/20. can be found at: http://www.ferc.gov/ Description: § 4(d) Rate Filing: Empire Docket Numbers: ER20–2684–000. docs-filing/efiling/filing-req.pdf. For North EPCR Rates for Full In-Service to Applicants: Southern California other information, call (866) 208–3676 be effective 9/15/2020. Edison Company. (toll free). For TTY, call (202) 502–8659. Filed Date: 8/14/20.

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Accession Number: 20200814–5080. 385.214). Anyone filing a motion to DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 8/26/20. intervene or protest must serve a copy Docket Numbers: RP20–980–002. of that document on the Applicant. Federal Energy Regulatory Commission Applicants: East Tennessee Natural Notice is hereby given that the Gas, LLC. deadline for filing protests with regard [Docket No. ER20–2669–000] Description: Compliance filing ETNG to the applicant’s request for blanket Neosho Ridge Wind, LLC; Compliance Filing—RP20–980 to be authorization, under 18 CFR part 34, of effective 8/1/2020. Supplemental Notice That Initial future issuances of securities and Filed Date: 8/14/20. Market-Based Rate Filing Includes Accession Number: 20200814–5142. assumptions of liability, is September 8, Request for Blanket Section 204 Comments Due: 5 p.m. ET 8/26/20. 2020. Authorization The Commission encourages The filings are accessible in the This is a supplemental notice in the Commission’s eLibrary system (https:// electronic submission of protests and interventions in lieu of paper, using the above-referenced proceeding of Neosho elibrary.ferc.gov/idmws/search/ Ridge Wind, LLC’s application for FERC Online links at http:// fercgensearch.asp) by querying the market-based rate authority, with an www.ferc.gov. To facilitate electronic docket number. accompanying rate tariff, noting that Any person desiring to intervene or service, persons with internet access such application includes a request for protest in any of the above proceedings who will eFile a document and/or be blanket authorization, under 18 CFR must file in accordance with Rules 211 listed as a contact for an intervenor part 34, of future issuances of securities and 214 of the Commission’s must create and validate an and assumptions of liability. Regulations (18 CFR 385.211 and eRegistration account using the Any person desiring to intervene or to 385.214) on or before 5:00 p.m. Eastern eRegistration link. Select the eFiling protest should file with the Federal time on the specified comment date. link to log on and submit the Energy Regulatory Commission, 888 Protests may be considered, but intervention or protests. First Street NE, Washington, DC 20426, intervention is necessary to become a in accordance with Rules 211 and 214 party to the proceeding. Persons unable to file electronically may mail similar pleadings to the of the Commission’s Rules of Practice eFiling is encouraged. More detailed and Procedure (18 CFR 385.211 and information relating to filing Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 385.214). Anyone filing a motion to requirements, interventions, protests, intervene or protest must serve a copy service, and qualifying facilities filings 20426. Hand delivered submissions in docketed proceedings should be of that document on the Applicant. can be found at: http://www.ferc.gov/ Notice is hereby given that the docs-filing/efiling/filing-req.pdf. For delivered to Health and Human deadline for filing protests with regard other information, call (866) 208–3676 Services, 12225 Wilkins Avenue, to the applicant’s request for blanket (toll free). For TTY, call (202) 502–8659. Rockville, Maryland 20852. authorization, under 18 CFR part 34, of Dated: August 17, 2020. In addition to publishing the full text future issuances of securities and Nathaniel J. Davis, Sr., of this document in the Federal assumptions of liability, is September 8, Deputy Secretary. Register, the Commission provides all 2020. [FR Doc. 2020–18507 Filed 8–21–20; 8:45 am] interested persons an opportunity to The Commission encourages electronic submission of protests and BILLING CODE 6717–01–P view and/or print the contents of this document via the internet through the interventions in lieu of paper, using the Commission’s Home Page (http:// FERC Online links at http:// DEPARTMENT OF ENERGY ferc.gov) using the ‘‘eLibrary’’ link. www.ferc.gov. To facilitate electronic Enter the docket number excluding the service, persons with internet access Federal Energy Regulatory last three digits in the docket number who will eFile a document and/or be listed as a contact for an intervenor Commission field to access the document. At this must create and validate an [Docket No. ER20–2663–000] time, the Commission has suspended eRegistration account using the access to the Commission’s Public eRegistration link. Select the eFiling SR Snipesville, LLC; Supplemental Reference Room, due to the Notice That Initial Market-Based Rate link to log on and submit the proclamation declaring a National intervention or protests. Filing Includes Request for Blanket Emergency concerning the Novel Section 204 Authorization Persons unable to file electronically Coronavirus Disease (COVID–19), issued may mail similar pleadings to the This is a supplemental notice in the by the President on March 13, 2020. For Federal Energy Regulatory Commission, above-referenced proceeding of SR assistance, contact the Federal Energy 888 First Street NE, Washington, DC Snipesville, LLC’s application for Regulatory Commission at 20426. Hand delivered submissions in market-based rate authority, with an [email protected] or call docketed proceedings should be accompanying rate tariff, noting that toll-free, (886) 208–3676 or TYY, (202) delivered to Health and Human such application includes a request for 502–8659. Services, 12225 Wilkins Avenue, blanket authorization, under 18 CFR Dated: August 17, 2020. Rockville, Maryland 20852. part 34, of future issuances of securities In addition to publishing the full text and assumptions of liability. Nathaniel J. Davis, Sr., of this document in the Federal Any person desiring to intervene or to Deputy Secretary. Register, the Commission provides all protest should file with the Federal [FR Doc. 2020–18506 Filed 8–21–20; 8:45 am] interested persons an opportunity to Energy Regulatory Commission, 888 BILLING CODE 6717–01–P view and/or print the contents of this First Street NE, Washington, DC 20426, document via the internet through the in accordance with Rules 211 and 214 Commission’s Home Page (http:// of the Commission’s Rules of Practice ferc.gov) using the ‘‘eLibrary’’ link. and Procedure (18 CFR 385.211 and Enter the docket number excluding the

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last three digits in the docket number eRegistration link. Select the eFiling Description: Application for field to access the document. At this link to log on and submit the Authorization Under Section 203 of the time, the Commission has suspended intervention or protests. Federal Power Act, et al. of American access to the Commission’s Public Persons unable to file electronically Electric Power Service Corporation. Reference Room, due to the may mail similar pleadings to the Filed Date: 8/14/20. proclamation declaring a National Federal Energy Regulatory Commission, Accession Number: 20200814–5219. Emergency concerning the Novel 888 First Street NE, Washington, DC Comments Due: 5 p.m. ET 9/4/20. Coronavirus Disease (COVID–19), issued 20426. Hand delivered submissions in Take notice that the Commission by the President on March 13, 2020. For docketed proceedings should be received the following exempt assistance, contact the Federal Energy delivered to Health and Human wholesale generator filings: Regulatory Commission at Services, 12225 Wilkins Avenue, Docket Numbers: EG20–232–000. [email protected] or call Rockville, Maryland 20852. Applicants: Crossing Trails Wind toll-free, (886) 208–3676 or TYY, (202) In addition to publishing the full text Power Project LLC. 502–8659. of this document in the Federal Description: Notice of Self- Register, the Commission provides all Dated: August 17, 2020. Certification of Exempt Wholesale interested persons an opportunity to Generator Status of Crossing Trails Nathaniel J. Davis, Sr., view and/or print the contents of this Deputy Secretary. Wind Power Project LLC. document via the internet through the Filed Date: 8/17/20. [FR Doc. 2020–18512 Filed 8–21–20; 8:45 am] Commission’s Home Page (http:// Accession Number: 20200817–5135. BILLING CODE 6717–01–P ferc.gov) using the ‘‘eLibrary’’ link. Comments Due: 5 p.m. ET 9/8/20. Enter the docket number excluding the Docket Numbers: EG20–233–000. last three digits in the docket number DEPARTMENT OF ENERGY Applicants: Headwaters Wind Farm II field to access the document. At this LLC. time, the Commission has suspended Federal Energy Regulatory Description: Notice of Self- access to the Commission’s Public Commission Certification of Exempt Wholesale Reference Room, due to the Generator Status of Headwaters Wind [Docket No. ER20–2667–000] proclamation declaring a National Farm II LLC. Emergency concerning the Novel Filed Date: 8/17/20. South Field Energy LLC; Supplemental Coronavirus Disease (COVID–19), issued Accession Number: 20200817–5154. Notice That Initial Market-Based Rate by the President on March 13, 2020. For Comments Due: 5 p.m. ET 9/8/20. Filing Includes Request For Blanket assistance, contact the Federal Energy Section 204 Authorization Docket Numbers: EG20–234–000. Regulatory Commission at Applicants: Jordan Creek Wind Farm This is a supplemental notice in the [email protected] or call LLC. above-referenced South Field Energy toll-free, (886) 208–3676 or TYY, (202) Description: Notice of Self- LLC’s application for market-based rate 502–8659. Certification of Exempt Wholesale authority, with an accompanying rate Dated: August 17, 2020. Generator Status of Jordan Creek Wind tariff, noting that such application Nathaniel J. Davis, Sr., Farm LLC. includes a request for blanket Deputy Secretary. Filed Date: 8/17/20. Accession Number: 20200817–5164. authorization, under 18 CFR part 34, of [FR Doc. 2020–18510 Filed 8–21–20; 8:45 am] Comments Due: 5 p.m. ET 9/8/20. future issuances of securities and BILLING CODE 6717–01–P assumptions of liability. Take notice that the Commission Any person desiring to intervene or to received the following electric rate protest should file with the Federal DEPARTMENT OF ENERGY filings: Energy Regulatory Commission, 888 Docket Numbers: ER18–1247–002. First Street NE, Washington, DC 20426, Federal Energy Regulatory Applicants: Entergy Arkansas, Inc. in accordance with Rules 211 and 214 Commission Description: Compliance filing: EAL of the Commission’s Rules of Practice Offer of Settlement Compliance (ER18– and Procedure (18 CFR 385.211 and Combined Notice of Filings #1 1247) to be effective 7/1/2018. 385.214). Anyone filing a motion to Take notice that the Commission Filed Date: 8/17/20. intervene or protest must serve a copy received the following electric corporate Accession Number: 20200817–5144. of that document on the Applicant. filings: Comments Due: 5 p.m. ET 9/8/20. Notice is hereby given that the Docket Numbers: EC20–90–000. Docket Numbers: ER19–2821–000; deadline for filing protests with regard Applicants: Just Energy Group Inc., TS19–4–000. to the applicant’s request for blanket Just Energy (U.S.) Corp., Hudson Energy Applicants: Upper Missouri G. & T. authorization, under 18 CFR part 34, of Services, LLC, Just Energy Illinois Corp., Electric Cooperative, Inc. future issuances of securities and Just Energy New York Corp., Just Energy Description: Second Supplement to assumptions of liability, is September 8, Pennsylvania Corp., Just Energy Texas I September 16, 2019 Request for Waiver 2020. Corp., Just Energy Solutions Inc. of Open-Access Requirements of Order The Commission encourages Description: Joint Application for Nos. 888, et al. of Upper Missouri G. & electronic submission of protests and Authorization Under Section 203 of the T. Electric Cooperative, Inc. interventions in lieu of paper, using the Federal Power Act, et al. of Just Energy Filed Date: 8/14/20. FERC Online links at http:// Group Inc., et al. Accession Number: 20200814–5198. www.ferc.gov. To facilitate electronic Filed Date: 8/14/20. Comments Due: 5 p.m. ET 9/4/20. service, persons with internet access Accession Number: 20200814–5207. Docket Numbers: ER20–2101–001. who will eFile a document and/or be Comments Due: 5 p.m. ET 9/4/20. Applicants: Fern Solar LLC. listed as a contact for an intervenor Docket Numbers: EC20–91–000. Description: Second Amendment to must create and validate an Applicants: American Electric Power June 18, 2020 Fern Solar LLC tariff filing eRegistration account using the Service Corporation. (Amended Asset Appendix).

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Filed Date: 8/14/20. DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Accession Number: 20200814–5216. Comments Due: 5 p.m. ET 8/24/20. Federal Energy Regulatory Federal Energy Regulatory Docket Numbers: ER20–2681–000. Commission Commission Applicants: PJM Interconnection, [Docket No. ER20–2671–000] L.L.C. Combined Notice of Filings Description: § 205(d) Rate Filing: Water Strider Solar, LLC; Amendment to WMPA, Service Take notice that the Commission has Supplemental Notice That Initial Agreement No. 5586; Queue No. AE1– received the following Natural Gas Market-Based Rate Filing Includes 175 to be effective 1/15/2020. Pipeline Rate and Refund Report filings: Request for Blanket Section 204 Filed Date: 8/14/20. Authorization Accession Number: 20200814–5211. Docket Numbers: RP18–877–002. Comments Due: 5 p.m. ET 9/4/20. Applicants: MoGas Pipeline LLC. This is a supplemental notice in the above-referenced proceeding of Water Docket Numbers: ER20–2682–000. Description: Unopposed Motion of Applicants: Tri-State Generation and Strider Solar, LLC’s application for MoGas Pipeline LLC to Amend the Transmission Association, Inc. market-based rate authority, with an Stipulation and Agreement and Shorten Description: § 205(d) Rate Filing: accompanying rate tariff, noting that Amendment to Tri-State Rate Schedule the Answering Period under RP18–877. such application includes a request for No. 169 to be effective 2/26/2020. Filed Date: 8/17/20. blanket authorization, under 18 CFR Filed Date: 8/17/20. Accession Number: 20200817–5076. part 34, of future issuances of securities Accession Number: 20200817–5043. and assumptions of liability. Comments Due: 5 p.m. ET 9/8/20. Comments Due: 5 p.m. ET 8/19/20. Any person desiring to intervene or to Docket Numbers: ER20–2685–000. Docket Numbers: RP20–1101–000. protest should file with the Federal Applicants: PJM Interconnection, Energy Regulatory Commission, 888 Applicants: Equitrans, L.P. L.L.C. First Street NE, Washington, DC 20426, Description: § 205(d) Rate Filing: Description: § 4(d) Rate Filing: in accordance with Rules 211 and 214 Original WMPA, Service Agreement No. Negotiated Rate Agreement—BP 8/18/ of the Commission’s Rules of Practice 5741; Queue No. AF2–430 to be 2020 to be effective 8/18/2020. and Procedure (18 CFR 385.211 and effective 7/20/2020. 385.214). Anyone filing a motion to Filed Date: 8/17/20. Filed Date: 8/17/20. intervene or protest must serve a copy Accession Number: 20200817–5183. Accession Number: 20200817–5124. Comments Due: 5 p.m. ET 9/8/20. of that document on the Applicant. Comments Due: 5 p.m. ET 8/31/20. Notice is hereby given that the Docket Numbers: ER20–2686–000. deadline for filing protests with regard Applicants: PJM Interconnection, The filings are accessible in the to the applicant’s request for blanket L.L.C. Commission’s eLibrary system (https:// Description: Compliance filing: elibrary.ferc.gov/idmws/search/ authorization, under 18 CFR part 34, of Docket No. EL19–91 OA Compliance to fercgensearch.asp) by querying the future issuances of securities and be effective 12/31/9998. docket number. assumptions of liability, is September 8, 2020. Filed Date: 8/17/20. Any person desiring to intervene or Accession Number: 20200817–5173. The Commission encourages Comments Due: 5 p.m. ET 9/8/20. protest in any of the above proceedings electronic submission of protests and must file in accordance with Rules 211 The filings are accessible in the interventions in lieu of paper, using the and 214 of the Commission’s Commission’s eLibrary system (https:// FERC Online links at http:// elibrary.ferc.gov/idmws/search/ Regulations (18 CFR 385.211 and www.ferc.gov. To facilitate electronic fercgensearch.asp) by querying the 385.214) on or before 5:00 p.m. Eastern service, persons with internet access docket number. time on the specified comment date. who will eFile a document and/or be Any person desiring to intervene or Protests may be considered, but listed as a contact for an intervenor protest in any of the above proceedings intervention is necessary to become a must create and validate an must file in accordance with Rules 211 party to the proceeding. eRegistration account using the eRegistration link. Select the eFiling and 214 of the Commission’s eFiling is encouraged. More detailed link to log on and submit the Regulations (18 CFR 385.211 and information relating to filing intervention or protests. 385.214) on or before 5:00 p.m. Eastern requirements, interventions, protests, time on the specified comment date. Persons unable to file electronically service, and qualifying facilities filings may mail similar pleadings to the Protests may be considered, but can be found at: http://www.ferc.gov/ intervention is necessary to become a Federal Energy Regulatory Commission, docs-filing/efiling/filing-req.pdf. For 888 First Street NE, Washington, DC party to the proceeding. other information, call (866) 208–3676 eFiling is encouraged. More detailed 20426. Hand delivered submissions in (toll free). For TTY, call (202) 502–8659. information relating to filing docketed proceedings should be requirements, interventions, protests, Dated: August 18, 2020. delivered to Health and Human service, and qualifying facilities filings Nathaniel J. Davis, Sr., Services, 12225 Wilkins Avenue, can be found at: http://www.ferc.gov/ Rockville, Maryland 20852. Deputy Secretary. In addition to publishing the full text docs-filing/efiling/filing-req.pdf. For [FR Doc. 2020–18514 Filed 8–21–20; 8:45 am] other information, call (866) 208–3676 of this document in the Federal (toll free). For TTY, call (202) 502–8659. BILLING CODE 6717–01–P Register, the Commission provides all interested persons an opportunity to Dated: August 17, 2020. view and/or print the contents of this Nathaniel J. Davis, Sr., document via the internet through the Deputy Secretary. Commission’s Home Page (http:// [FR Doc. 2020–18508 Filed 8–21–20; 8:45 am] ferc.gov) using the ‘‘eLibrary’’ link. BILLING CODE 6717–01–P Enter the docket number excluding the

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last three digits in the docket number last three digits in the docket number all documents filed by the applicant and field to access the document. At this field to access the document. At this by all other parties. A party must submit time, the Commission has suspended time, the Commission has suspended five copies of filings made with the access to the Commission’s Public access to the Commission’s Public Commission and must mail a copy to Reference Room, due to the Reference Room, due to the the applicant and to every other party in proclamation declaring a National proclamation declaring a National the proceeding. Only parties to the Emergency concerning the Novel Emergency concerning the Novel proceeding can ask for court review of Coronavirus Disease (COVID–19), issued Coronavirus Disease (COVID–19), issued Commission orders in the proceeding. by the President on March 13, 2020. For by the President on March 13, 2020. For However, a person does not have to assistance, contact the Federal Energy assistance, contact FERC at intervene in order to have comments Regulatory Commission at [email protected] or call considered. The second way to [email protected] or call toll-free, (886) 208–3676 or TYY, (202) participate is by filing with the toll-free, (886) 208–3676 or TYY, (202) 502–8659. Secretary of the Commission, as soon as 502–8659. Any questions concerning this possible, an original and two copies of application may be directed to Nick comments in support of or in opposition Dated: August 17, 2020. Baumann, Regulatory Analyst, to this project. The Commission will Nathaniel J. Davis, Sr., Transcontinental Gas Pipe Line consider these comments in Deputy Secretary. Company, P.O. Box 1396, Houston, determining the appropriate action to be [FR Doc. 2020–18511 Filed 8–21–20; 8:45 am] Texas 77251, (281) 714–7056; Deborah taken, but the filing of a comment alone BILLING CODE 6717–01–P A. Bradbury, Sr. Director, Regulatory will not serve to make the filer a party Tariffs & Reporting, Sea Robin Pipeline to the proceeding. The Commission’s Company, 1300 Main Street, Houston, rules require that persons filing DEPARTMENT OF ENERGY Texas 77002, (713) 989–7571; or Blair comments in opposition to the project Lichtenwalter, Senior Director, provide copies of their protests only to Federal Energy Regulatory Certificates, Florida Gas Transmission the party or parties directly involved in Commission Company, 1300 Main Street, Houston, the protest. [Docket No. CP20–507–000] Texas 77002, (713) 989–2605. Persons who wish to comment only Pursuant to section 157.9 of the on the environmental review of this Transcontinental Gas Pipe Line Commission’s rules (18 CFR 157.9), project should submit an original and Company, LLC; Sea Robin Pipeline within 90 days of this Notice, the two copies of their comments to the Company, LLC; Florida Gas Commission staff will either: Complete Secretary of the Commission. Transmission Company, LLC; Notice its environmental assessment (EA) and Environmental commenters will be of Application place it into the Commission’s public placed on the Commission’s record (eLibrary) for this proceeding or environmental mailing list and will be Take notice that on August 6, 2020, issue a Notice of Schedule for notified of meetings associated with the Transcontinental Gas Pipe Line Environmental Review. If a Notice of Commission’s environmental review Company, LLC (Transco), P.O. Box Schedule for Environmental Review is process. Environmental commenters 1396, Houston, Texas 77251, Sea Robin issued, it will indicate, among other will not be required to serve copies of Pipeline Company, LLC (Sea Robin), milestones, the anticipated date for the filed documents on all other parties. 1300 Main Street. Houston, Texas Commission staff’s issuance of the final However, the non-party commenters 77002, and Florida Gas Transmission environmental impact statement (FEIS) will not receive copies of all documents Company, LLC (FGT), 1300 Main Street. or EA for this proposal. The filing of the filed by other parties or issued by the Houston, Texas 77002, jointly filed an EA in the Commission’s public record Commission and will not have the right application in the above referenced for this proceeding or the issuance of a to seek court review of the docket pursuant to section 7(b) of the Notice of Schedule will serve to notify Commission’s final order. Natural Gas Act (NGA) and part 157 of federal and state agencies of the timing As of the February 27, 2018 date of the Commission’s regulations requesting for the completion of all necessary the Commission’s order in Docket No. authorization to abandon approximately reviews, and the subsequent need to CP16–4–001, the Commission will 12.6 miles of 24-inch-diameter lateral complete all federal authorizations apply its revised practice concerning pipeline extending from offshore within 90 days of the date of issuance out-of-time motions to intervene in any Vermilion Parish, Louisiana, at the of the Commission staff’s FEIS or EA. new NGA section 3 or section 7 Vermilion Area Block 22 subsea tie-in to There are two ways to become proceeding.1 Persons desiring to become a point of connection with Transco’s involved in the Commission’s review of a party to a certificate proceeding are to Central Louisiana Gathering System this project. First, any person wishing to intervene in a timely manner. If seeking onshore in the Pecan Island area, obtain legal status by becoming a party to intervene out-of-time, the movant is Vermilion Parish, Louisiana, and related to the proceedings for this project required to ‘‘show good cause why the metering facilities, all as more fully set should, on or before the comment date time limitation should be waived,’’ and forth in the application which is on file stated below, file with the Federal should provide justification by reference with the Commission and open to Energy Regulatory Commission, 888 to factors set forth in Rule 214(d)(1) of public inspection. First Street NE, Washington, DC 20426, the Commission’s Rules and In addition to publishing the full text a motion to intervene in accordance Regulations.2 of this document in the Federal with the requirements of the The Commission strongly encourages Register, the Commission provides all Commission’s Rules of Practice and electronic filings of comments, protests interested persons an opportunity to Procedure (18 CFR 385.214 or 385.211) and interventions in lieu of paper using view and/or print the contents of this and the Regulations under the NGA (18 the ‘‘eFile’’ link at http://www.ferc.gov. document via the internet through the CFR 157.10). A person obtaining party Commission’s Home Page (http:// status will be placed on the service list 1 Tennessee Gas Pipeline Company, L.L.C., 162 ferc.gov) using the ‘‘eLibrary’’ link. maintained by the Secretary of the FERC ¶ 61,167 at ¶ 50 (2018). Enter the docket number excluding the Commission and will receive copies of 2 18 CFR 385.214(d)(1).

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In lieu of electronic filing, you may Suite 200, Salt Lake City, UT 84111, formula rate schedules will be updated submit a paper copy. Submissions sent telephone: (970) 252–3005, or email: annually on the first of October. via the U.S. Postal Service must be [email protected]; or Mr. Thomas On June 26, 2020, WAPA published a addressed to: Kimberly D. Bose, Hackett, Rates Manager, Colorado River Federal Register notice, ‘‘Re-Opening of Secretary, Federal Energy Regulatory Storage Project Management Center, Comment Period for Proposed Salt Lake Commission, 888 First Street NE, Room Western Area Power Administration, City Area Integrated Projects Firm 1A, Washington, DC 20426. telephone: (801) 524–5503, or email: Power Rate and Colorado River Storage Submissions sent via any other carrier [email protected]. Project Transmission and Ancillary must be addressed to: Kimberly D. Bose, SUPPLEMENTARY INFORMATION: On Services Rates—Rate Order No. WAPA– Secretary, Federal Energy Regulatory December 29, 2016, FERC confirmed 190’’ (Re-opening of comment period Commission, 12225 Wilkins Avenue, and approved, under Rate Order No. FRN),4 to extend the public comment Rockville, Maryland 20852. WAPA–169,1 on a final basis effective period from June 26, 2020, through July Comment Date: 5:00 p.m. Eastern through September 30, 2020, the 10, 2020. This extension provided Time on September 7, 2020. following Rate Schedules: SLIP–F10 for interested parties additional time to Dated: August 17, 2020. SLCA/IP Firm Power, SP–NW4 for review and provide comments related to Nathaniel J. Davis, Sr., Network Integration Transmission information about the rate proposals Deputy Secretary. Service, SP–PTP8 for Firm Point-To- made available by WAPA during and after the original comment period. [FR Doc. 2020–18509 Filed 8–21–20; 8:45 am] Point Transmission Service, SP–NFT7 for Non-Firm Point-To-Point BILLING CODE 6717–01–P Legal Authority Transmission Service, SP–UU1 for Unreserved Use Penalties, SP–SD4 for By Delegation Order No. 00–037.00B, DEPARTMENT OF ENERGY Scheduling, System Control, and effective November 19, 2016, the Dispatch Service, SP–RS4 for Reactive Secretary of Energy delegated: (1) The Western Area Power Administration Supply and Voltage Control from authority to develop power and Generation and Other Sources Service, transmission rates to the Western Area Salt Lake City Area Integrated Projects SP–EI4 for Energy Imbalance Service, Power Administration’s (WAPA) and Colorado River Storage Project— SP–FR4 for Regulation and Frequency Administrator; (2) the authority to Rate Order No. WAPA–190 Response Service, and SP–SSR4 for confirm, approve, and place such rates Operating Reserves—Spinning and into effect on an interim basis to the AGENCY: Western Area Power Supplemental Reserve Services. On Deputy Secretary of Energy; and (3) the Administration, Energy (DOE). March 9, 2017, FERC confirmed and authority to confirm, approve on a final ACTION: Notice of rate order concerning approved, under Rate Order No. basis, remand, or disapprove such rates firm power rate, transmission and WAPA–174,2 on a final basis effective to FERC. By Delegation Order No. 00– ancillary services formula rates, and sale through September 30, 2021, the 002.00S, effective January 15, 2020, the of surplus products formula rate. following Rate Schedules: L–AS1 for Secretary of Energy also delegated the Scheduling, System Control, and SUMMARY: The fixed rate for the Salt authority to confirm, approve, and place Lake City Area Integrated Projects Dispatch Service, L–AS2 for Reactive such rates into effect on an interim basis (SLCA/IP) firm power rate, the formula Supply and Voltage Control from to the Under Secretary of Energy. By rates for the Colorado River Storage Generation or Other Sources Service, Redelegation Order No. 00–002.10E, Project (CRSP) transmission and and L–AS3 for Regulation and effective February 14, 2020, the Under ancillary services, and the new formula Frequency Response Service; which Secretary of Energy further delegated rate for CRSP sales of surplus products superseded Rate Schedules SP–SD4, the authority to confirm, approve, and (collectively, Provisional Rates) have SP–RS4, and SP–FR4, respectively. place such rates into effect on an been confirmed, approved, and placed On January 21, 2020, WAPA interim basis to the Assistant Secretary published a Federal Register notice for Electricity. By Redelegation Order into effect on an interim basis. These 3 Provisional Rates replace the existing (Proposal FRN) proposing new 5-year No. 00–002.10–05, effective July 8, firm power, transmission, and ancillary rates for firm power, transmission, and 2020, the Assistant Secretary for services rates under Rate Order No. ancillary services, and a new rate for the Electricity further delegated the WAPA–169 that expire on September sale of surplus products. The Proposal authority to confirm, approve, and place 30, 2020. FRN also initiated a public consultation such rates into effect on an interim basis and comment period and set forth the to WAPA’s Administrator. This rate DATES: The Provisional Rates under Rate date and location of the public action is issued under the Redelegation Schedules SLIP–F11, SP–NW5, SP– information and the public comment Order No. 00–002.10–05 and PTP9, SP–NFT8, SP–UU2, SP–EI5, SP– forums. The new firm power rate is a Department of Energy procedures for SSR5, and SP–SS1 are effective on the fixed rate. The transmission and public participation in rate adjustments first day of the first full billing period ancillary service rates continue to use set forth at 10 CFR part 903.5 beginning on or after October 1, 2020, formula-based rate methodologies that and will remain in effect through Following DOE’s review of WAPA’s include an annual update to the data in proposal, I hereby confirm, approve, September 30, 2025, pending the rate formulas. The new sale of confirmation and approval by the and place Rate Order No. WAPA–190, surplus products rate is also formula- which provides the rates for firm power, Federal Energy Regulatory Commission based. The charges under the applicable (FERC) on a final basis or until transmission, ancillary services, and superseded. sale of surplus products into effect on 1 Order Confirming and Approving Rate an interim basis. WAPA will submit FOR FURTHER INFORMATION CONTACT: Mr. Schedules on a Final Basis, FERC Docket No. EF15– Rate Order No. WAPA–190 to FERC for Tim Vigil, CRSP Manager, Colorado 10–000, 155 FERC ¶ 61,042 (2016). 2 Order Confirming and Approving Rate River Storage Project Management Schedules on a Final Basis, FERC Docket No. EF16– 4 85 FR 38369 (June 26, 2020). Center, Western Area Power 5–000, 158 FERC ¶ 62,181 (2017). 5 50 FR 37835 (September 18, 1985) and 84 FR Administration, 299 South Main Street, 3 85 FR 3367 (January 21, 2020) 5347 (February 21, 2019).

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confirmation and approval on a final confirm, approve, and place into effect CDP: Customer Displacement Power. basis. such rates on an interim basis to the CRC: Cost Recovery Charge. Deputy Secretary of Energy; and (3) the CROD: Contract Rate of Delivery. The Signing Authority authority to confirm, approve on a final maximum amount of capacity made This document of the Department of basis, remand, or disapprove such rates available to a preference Customer for a Energy was signed on August 17, 2020, to the Federal Energy Regulatory period specified under a contract. by Mark A. Gabriel, Administrator, Commission (FERC). By Delegation CRCE: CRC Energy in Gigawatthours Western Area Power Administration, Order No. 00–002.00S, effective January (GWh). pursuant to delegated authority from the 15, 2020, the Secretary of Energy also CRCEP: CRC Energy Percentage of full Secretary of Energy. That document, delegated the authority to confirm, Sustainable Hydro Power (SHP). with the original signature and date, is approve, and place such rates into effect CRSP: Colorado River Storage Project. maintained by DOE. For administrative on an interim basis to the Under CRSP MC: Colorado River Storage purposes only, and in compliance with Secretary of Energy. By Redelegation Project Management Center. requirements of the Office of the Federal Order No. 00–002.10E, effective Customer: Firm electric service Register, the undersigned DOE Federal February 14, 2020, the Under Secretary customer(s) contractually receiving Register Liaison Officer has been of Energy further delegated the authority SLCA/IP power and energy. authorized to sign and submit the to confirm, approve, and place such EA: SHP Energy Allocation + Project document in electronic format for rates into effect on an interim basis to Use (GWh). publication, as an official document of the Assistant Secretary for Electricity. EMMO: Energy Management and the Department of Energy. This By Redelegation Order No. 00–002.10– Marketing Office. administrative process in no way alters 05, effective July 8, 2020, the Assistant Energy: Power produced or delivered the legal effect of this document upon Secretary for Electricity further over a period of time. Measured in terms publication in the Federal Register. delegated the authority to confirm, of the work capacity over a period of Signed in Washington, DC, on August 19, approve, and place such rates into effect time. Electric energy is expressed in 2020. on an interim basis to WAPA’s kilowatthours. Treena V. Garrett, Administrator. This rate action is issued Energy Rate: The rate which sets forth Federal Register Liaison Officer, U.S. under Redelegation Order No. 00– the charges for energy. It is expressed in Department of Energy. 002.10–05 and Department of Energy mills/kWh and applied to each kWh procedures for public participation in delivered to each Customer. Department of Energy rate adjustments set forth at 10 CFR part 7 Energy Imbalance Service: A service Administrator, Western Area Power 903. that provides energy correction for any Administration Acronyms, Terms, and Definitions hourly mismatch between energy In the matter of: As used in this Rate Order, the supply and the demand served. Western Area Power Administration Rate FA: Funds Available. Adjustment for the Salt Lake City Area following acronyms, terms, and definitions apply: FA1: Basin Fund Balance Factor. Integrated Projects Firm Power Rate and FA2: Revenue Factor. the Colorado River Storage Project $/MWmonth: Monthly charge for Transmission and Ancillary Services capacity (i.e., $ per megawatt (MW) per FARR: Additional Revenue to be Formula Rates month). recovered. Rate Order No. WAPA–190 ’92 Agreement: A 1992 agreement FE: Forecasted Purchase Energy. FFC: Forecasted Firming Energy Cost. Order Confirming, Approving, and among WAPA, Reclamation, and the Firm: A type of product and/or service Placing the Fixed Firm Power Rate and Colorado River Energy Distributors available at the time requested by the the Sale of Surplus Products Formula Association (CREDA) that allows Customer. Rate for the Salt Lake City Area CREDA to review Work Plans prior to FX: Forecasted Energy Purchase Integrated Projects and the inclusion in the SLCA/IP rate. AFC: Actual Firming Energy Cost. Expense. Transmission and Ancillary Services ATRR: Annual Transmission Revenue Formula Rates for the Colorado River FY: Fiscal Year, October 1 to Requirement—the net revenue September 30. Storage Project Into Effect on an Interim requirement for the Transmission Basis Generator Imbalance Service: A Services calculated in accordance with service that provides energy correction The rates in Rate Order No. WAPA– the Formula Rate. for any hourly mismatch between 190 are established following section BA: Balancing Authority—The generator output and a delivery 302 of the Department of Energy (DOE) responsible entity that integrates schedule from that generator to another Organization Act (42 U.S.C. 7152).6 resource plans, maintains load- Balancing Authority Area or to a load By Delegation Order No. 00–037.00B, interchange-generation balance within a within the same Balancing Authority effective November 19, 2016, the designated area, and supports Area. Secretary of Energy delegated: (1) The interconnection frequency in real-time. GWh: Gigawatthour—the electrical authority to develop power and Formerly known as a Control Area. unit of energy that equals 1 billion transmission rates to the Western Area Basin Fund: Upper Colorado River watthours, 1 million kWh, or 1,000 Power Administration’s (WAPA) Basin Fund. MWh. BFBB: Basin Fund Beginning Balance. Administrator; (2) the authority to HE: Forecasted Hydro Energy. BFTB: Basin Fund Target Balance. Integrated Projects: The resources and 6 Capacity: The electric capability of a This Act transferred to, and vested in, the Revenue Requirements of the Collbran, Secretary of Energy the power marketing functions generator, transformer, transmission of the Secretary of the Department of the Interior circuit, or other equipment. It is Dolores, Rio Grande, and Seedskadee and the Bureau of Reclamation (Reclamation) under expressed in kilowatts (kW) or projects blended together with the CRSP the Reclamation Act of 1902 (ch. 1093, 32 Stat. megawatts (MW). to create the SLCA/IP resources and 388), as amended and supplemented by subsequent rate. laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)); and other 7 50 FR 37835 (September 18, 1985) and 84 FR kW: Kilowatt—the electrical unit of acts that specifically apply to the projects involved. 5347 (February 21, 2019). capacity that equals 1,000 watts.

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kWh: Kilowatthour—the electrical Project Use: Power used to operate SLCA/IP: Salt Lake City Area unit of energy that equals 1,000 watts in SLCA/IP and CRSP facilities under Integrated Projects. 1 hour. Reclamation Law as well as authorized SLIP: The CRSP PRS that also kWmonth: Kilowattmonth—the irrigation projects under the CRSP Act. includes the Collbran, Dolores, Rio electrical unit of the monthly amount of Provisional Rate: A rate confirmed, Grande, and Seedskadee revenue capacity. approved, and placed into effect on an requirements. Load: The amount of electric power or interim basis by the WAPA Spinning Reserve Service: Generation energy delivered or required at any Administrator capacity needed to serve load specified point(s) on a system. PYA: Prior Year Adjustment. immediately in the event of a system Load Factor: The actual amount of RA: Revenue Adjustment. contingency. Spinning Reserve Service kWh delivered on a system in a Rate Brochure: A document prepared may be provided by generating units designated time period, as opposed to for public distribution explaining the that are on-line and loaded at less than the total possible kWh that could be rationale and background for the maximum output. delivered on a system in a designated information contained in this rate order. Supplemental Reserve Service: Generation capacity needed to serve time period. Reclamation Law: A series of Federal load in the event of a system Load-Ratio Share: Network laws, viewed as a whole, that create the contingency; however, it is not available Customer’s hourly load (including its originating framework under which immediately to serve load but rather designated network load not physically WAPA markets power. within a short period of time. interconnected with WAPA) coincident Regulation and Frequency A service Supplemental Reserve Service may be with CRSP’s monthly transmission that provides for following the moment- provided by generation units that are system peak. Response Service: to-moment MAF: Million Acre-Feet. The number on-line but unloaded, by quick start variations in the demand or supply in generation or by interruptible load. of gallons of water required to cover 1 a Balancing Authority Area and million acres, 1 foot in depth. Transmission Provider: Any utility maintaining scheduled interconnection that owns, operates, or controls facilities mills/kWh: Mills per kilowatthour— frequency. the unit of charge for energy (equal to used to transmit electric energy in Reserve Services: Spinning Reserve interstate commerce. one tenth of a cent or one thousandth Service and Supplemental Reserve of a dollar). Transmission System: The facilities Service. owned, controlled, or operated by the MW: Megawatt—the electrical unit of Revenue Requirement: The revenue capacity that equals 1 million watts or transmission owner or Transmission required to recover annual expenses Provider that are used by the 1,000 kilowatts. (such as operation and maintenance, MWh: One million watthours of Transmission Provider to provide purchase power, transmission service electric energy. A unit of electrical transmission service. expenses, interest expense, and deferred energy which equals 1 megawatt of Website: Location online where expenses) and repay Federal power used for 1 hour. supporting documents are posted: investments and other assigned costs. NATRR: Net Annual Transmission https://www.wapa.gov/regions/CRSP/ RISC: Reduction in SHP Capacity for Revenue Requirement. rates/Pages/rate-order-190.aspx. WL: Waiver Level. NB: Net Balance. Total of Basin Fund those customers taking the CRC waiver WLP: Waiver Level Percentage of full Beginning Balance and Net Annual to maintain each Customer’s existing monthly Load Factor percentage at the SHP. Revenues in the CRC formula. Work Plan: An estimate of costs NR: Net Revenue. Revenue remaining same level provided by the full SHP capacity and energy allocation. expected to become the Congressional after paying all annual expenses. Budget for WAPA and Reclamation. NRate: Net Rate. The difference Schedule: An agreed-upon transaction size (megawatts) for (a) beginning and Also known as a Work Program. between the Market rate WAPA WRP: Western Replacement Power. purchases power at and the Firm Energy ending ramp times and rate, and (b) rate that WAPA sells power. service required for delivery and receipt Effective Date of power between the contracting OASIS: Open Access Same-Time The Provisional Rate Schedules SLIP– parties and the Balancing Authority(ies) Information System—An electronic F11, SP–NW5, SP–PTP9, SP–NFT8, SP– involved in the transaction. posting system that a service provider UU2, SP–EI5, SP–SSR5, and SP–SS1 maintains for transmission access data Scheduling, System Control and will take effect on the first day of the that allows all customers to view Dispatch Service: A service that first full billing period beginning on or information simultaneously. provides for (a) scheduling, (b) after October 1, 2020, and will remain O&M: Operation & Maintenance. confirming and implementing an in effect through September 30, 2025, PAR: Projected Annual Revenue ($) interchange schedule with other pending approval by FERC on a final without CRC. balancing authorities, including basis or until superseded. Participating Projects: The Dolores intermediary balancing authorities and Seedskadee projects participating providing transmission service, and (c) Public Notice and Comment with CRSP according to the CRSP Act ensuring operational security during the WAPA followed the Procedures for 1956. interchange transaction. Public Participation in Power and PFE: Prior year actual Firming Energy. SHP: Sustainable Hydro Power (long- Transmission Rate Adjustments and PFX: Prior year actual Firming term SLCA/IP hydro capacity with Extensions, 10 CFR part 903, in expenses. energy). The minimum quantity of firm developing these rates. Following are Pinch Point Year: The year in the PRS energy, expressed in kWh, that each Salt the steps WAPA took to involve that requires the greatest amount of Lake City Area Integrated Projects firm interested parties in the rate process: revenue. electric service customer/contractor is 1. On January 21, 2020, a Federal Power: Capacity and energy. entitled to receive each Winter Season Register notice (85 FR 3367) (Proposal PRS: Power Repayment Study. and each Summer Season as set forth in FRN) announced the proposed rates and Price: Average price per MWh for their respective firm electric service launched the 90-day public consultation purchased power. contracts. and comment period.

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2. On January 21, 2020, WAPA 7. On June 3, 2020, WAPA held a Municipal Energy Agency of Nebraska notified all CRSP MC Customers and webinar on purchased power data (MEAN) interested parties of the proposed rates sources and calculations. Tri-State Generation and Transmission and provided a copy of the Proposal 8. On June 4, 2020, WAPA held a Association, Inc. (Tri-State) webinar on calculating the CRC and FRN. Utah Associated Municipal Power 3. On March 12, 2020, WAPA held a treatment of prior year adjustment. Systems (UAMPS) Public Information Forum (PIF) in Salt 9. On June 26, 2020, WAPA published Lake City, Utah. WAPA’s Federal Register notice (Re-opening of Written comments were received from representatives explained the proposed Comment Period) 8 that launched an the following organizations during the rates, answered questions, and gave additional 14-day public consultation extended comment period: and comment period. The additional notice that more information was Arizona Tribal Energy Association comments received during the extended available in the customer Rate Brochure. (ATEA) 4. On March 12, 2020, WAPA held a comment period and WAPA’s responses public comment forum in Salt Lake are addressed below. WAPA posted the Colorado River Energy Distributors City, Utah. This provided customers and comments and an updated brochure to Association (CREDA) other interested parties an opportunity the website on August 12, 2020. All Power Repayment Study—Firm Power to provide official comments for the comments have been considered in the Service Rate Discussion record. preparation of this Rate Order. 5. WAPA provided a website Oral comments were received from WAPA prepares PRSs each fiscal year containing all dates, customer letters, the following organization: to determine if revenues will be presentations, FRNs, customer Rate Colorado River Energy Distributors sufficient to repay, within the required Brochure, and other information about Association (CREDA) time, all costs assigned to the SLCA/IP. this rate process. Written comments were received from Repayment criteria are based on 6. During the 90-day consultation and the following organizations during the WAPA’s applicable laws and legislation comment period, which ended on April original comment period: as well as policies including DOE Order 20, 2020, WAPA received one oral Arizona Tribal Energy Association RA 6120.2. To meet the Cost Recovery comment (at the March 12, 2020, public (ATEA) Criteria outlined in DOE Order RA comment forum) and eight written sets City of St. George Energy Services 6120.2, a revised PRS and a rate of comments. WAPA also received a Department (SGESD) adjustment have been developed to redlined version of the March 2020 Rate Colorado River Commission of Nevada demonstrate sufficient revenues will be Brochure with questions and comments. (Commission) collected under the Provisional Rate to WAPA posted the brochure comments Colorado River Energy Distributors meet future obligations. The Revenue and responses to the website on April Association (CREDA) Requirement and composite rate for 16, 2020. The other comments and Irrigation and Electrical Districts’ SLCA/IP firm power service are being WAPA’s responses are addressed below. Association of Arizona (IEDA) reduced as indicated in Table 1:

TABLE 1—COMPARISON OF REVENUE REQUIREMENTS AND COMPOSITE RATES

Existing Provisional requirements requirements Percent Firm power service (October 1, (October 1, change 2015) 2020)

Revenue Requirement (million $) ...... $183.873 $173.511 ¥5.6 Composite Rate (mills/kWh) ...... 29.42 27.45 ¥6.7

Under the existing rate methodology, Firm Power Service—Existing and future costs for Participating Projects rates for firm power service are designed Provisional Rates and most expense categories to recover an annual Revenue WAPA is lowering the overall charges outweighed the upward pressure Requirement that includes power due to Participating Projects being created by an increase in O&M and loss investment repayment, aid to irrigation repaid through FY 2025, which moved of offsetting revenues. repayment, interest, purchase power, the Pinch Point Year out to FY 2038. A comparison of the existing and O&M, and other expenses within the Additionally, the downward rate Provisional Rates for firm electric allowable period. pressure associated with reductions in service is listed in Table 2:

TABLE 2—COMPARISON OF EXISTING AND PROVISIONAL RATES

Provisional Existing rates under rates under rate schedule Firm power service rate schedule SLIP–F11 Percent SLIP–F10 as as of change of October October 1, 1, 2015 2020

Firm Energy Rate (mills/kWh) ...... 12.19 11.43 ¥5.5 Firm Capacity Rate ($/kWmonth) ...... 5.18 4.85 ¥6.4

8 85 FR 38369 (June 26, 2020).

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Statement of Revenue and Related the firm electric service Revenue Expenses Requirement through the 5-year Table 3 provides a summary of provisional rate approval period: projected revenue and expense data for

TABLE 3—COMPARISON OF 5-YEAR RATE PERIOD (FY 2016–2021) TOTAL REVENUES AND EXPENSES UNIT 1,000

Existing Provisional rate 2017 rate 2021 Change work plan work plan amount

Ratesetting Period: Beginning Year ...... 2016 2021 Pinch Point Year ...... 2025 2038 Number of Ratesetting Years ...... 10 18 Annual Revenue Requirement: Expenses: Operations & Maintenance WAPA ...... $52,630 $61,509 $8,878 Reclamation ...... 34,535 35,843 1,308

Total O&M ...... 87,165 97,352 10,187 Purchase Power ...... 10,280 1,119 (9,161) Transmission ...... 10,421 8,998 (1,423) Integrated Projects ...... 8,610 6,485 (2,125) Interest ...... 4,706 6,066 1,360 Other Expenses ...... 14,587 17,909 3,322

Total Expenses ...... 135,769 137,928 2,159 Principal Payments: Deficits ...... 0 0 0 Replacements ...... 30,037 26,918 (3,119) Original Project and Additions ...... 3,937 2,484 (1,453) Irrigation ...... 14,130 6,181 (7,949)

Total Principal Payments ...... 48,104 35,583 (12,521) Total Annual Revenue Requirement ...... 183,873 173,511 (10,362) (Less Offsetting Annual Revenue) Transmission ...... 19,640 15,257 (4,383) Merchant Function ...... 9,918 9,375 (543) Other Revenues ...... 5,118 4,855 (263)

Total Offsetting Annual Revenue ...... 34,676 29,487 (5,189) Net Annual Revenue Requirements ...... 149,197 144,024 (5,173) Energy Sales (MWH) ...... 5,071,804 5,245,909 174,105 Capacity Sales (kW) ...... 1,407,920 1,428,306 20,386 Composite Rate (mills/kWh) ...... 29.42 27.45 (1.97)

Provisions for transformer losses, the April 24-month Study to determine produce more accurate estimates of power factor, WRP administrative the first year of firming-energy-purchase purchase power expenses. charge, and CDP administrative charge projections. For subsequent years, Cost Recovery Charge adjustments are part of the Provisional WAPA will continue to use the August Rates for SLCA/IP firm power. WAPA CRSS model traces to estimate energy The methodology for calculating the did not modify the provisions and purchase projections while using a CRC continues to be addressed in the methodologies for these adjustments. rolling average value to minimize Schedule of Rates for Firm Power These remain as they were specified in fluctuations. Additionally, WAPA will Service and has been modified as Rate Schedule SLIP–F10. extend the number of years for described here. The CRC is based on a Basin Fund cash analysis only and is Purchased Power Discussion projecting the required firming-energy purchases to a period that overlaps the independent of the PRS calculations. In WAPA currently forecasts 5 years of years in which a subsequent rate would the event expenses significantly exceed firming purchased power requirements become effective in order to avoid gaps revenues and in order to adequately in the PRS using average water releases in the forecasts. Finally, WAPA will recover and maintain a sufficient reported in Reclamation’s April 24- remove the $4 million per year it balance in the Basin Fund,9 WAPA will month Study in combination with previously included to account for the calculate and assess a CRC. The CRC is Reclamation’s August Colorado River required purchase power within the implemented at WAPA’s discretion Simulation System (CRSS) model traces. current rate schedule. This value was based on the balance of the Basin Fund Although WAPA will continue to use previously used to estimate operational and WAPA’s ability to meet contractual the April 24-month Study and the CRSS energy purchases for the EMMO in model traces, it will begin forecasting Montrose, Colorado. Fortunately, this is 9 The Basin Fund was established through the CRSP Act of 1956 to receive revenues collected in firming purchased power differently. no longer needed because improved connection with the projects to be made available Going forward, WAPA will use the modeling tools incorporating outages for defraying the project’s costs of operation, most-probable water releases reported in and scheduled maintenance can maintenance, and emergency expenditures.

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requirements.10 The minimum Basin cost-recovery issues for the SLCA/IP. WAPA will provide information to its Fund targeted carryover balance is $40 WAPA will base the CRC on a calendar customers concerning the anticipated million. WAPA collects the CRC as an year (CY) timeline, will use CRC by October 1 and will allow additional surcharge on all SHP energy Reclamation’s August 24-month Study customers 45 days to request a waiver deliveries. WAPA may implement the to calculate projected purchase power or accept the CRC. The established CRC CRC for reasons including: (1) Low cash expenses, and will change the annual would be in effect for 12 months from balance in the Basin Fund due to low CRC notification date from May 1 to the date implemented. If circumstances hydropower generation; (2) high prices October 1. Using Reclamation’s August should dictate the need to reassess an for firming power; and/or (3) funding for 24-month Study aligns the purchase enacted CRC, the updated CRC would capitalized investments. The volatility power projections for the CRC with supersede the previous CRC and remain of hydropower generation and power water year releases. in effect for 12 months. prices continues to be a concern for

TABLE 4—CRC IMPLEMENTATION TIERS

Tier Criteria, if the Basin Fund beginning balance is: Review

i ...... Greater than $150 million with an expected decrease to below $75 million ...... Annually. ii ...... Less than $150 million but greater than $120 million with an expected 50 percent decrease Annually. in the next CY. iii ...... Less than $120 million but greater than $90 million with an expected 40 percent decrease in Annually. the next CY. iv ...... Less than $90 million but greater than $60 million with an expected 25 percent decrease in Semi-Annual (February/August). the next CY. v ...... Less than $60 million but greater than $40 million with an expected decrease to below $40 Monthly. million in the next CY.

WAPA will continue to include a transmission rates include the cost for subsequent year. This true-up procedure mechanism that allows the recalculation Scheduling, System Control, and will ensure that WAPA recovers no of the CRC if annual water releases from Dispatch Service. The Provisional Rates more and no less than the actual Glen Canyon Dam fall below 8.23 are as described in Rate Schedules SP– transmission costs for that year. million acre-feet, regardless of the Basin NW5, SP–PTP9, and SP–NFPT–8 and CRSP Ancillary Services Fund balance. WAPA will establish an apply to transmission-only sales. The energy Waiver Level (WL) that provides cost of transmission service for WAPA’s In accordance with WAPA’s Tariff, WAPA the ability to reduce purchase SLCA/IP long-term, firm electric service ancillary services are needed with power expenses by scheduling less will continue to be included in the transmission service to maintain energy than what is contractually SLCA/IP firm power rate. reliability inside and among the Control required. Customers can accept either Areas affected by the transmission Change to Forward-Looking the CRC or WL, not a combination of the service. CRSP continues to offer seven Transmission Rates two. For those customers who agree to ancillary services pursuant to WAPA’s schedule no more energy than their WAPA changed the formula rate Tariff: (1) Scheduling, system control, proportionate share of the WL, WAPA inputs used to calculate the ATRR to and dispatch service; (2) reactive supply will waive the CRC for that year. WAPA recover transmission expenses and and voltage control from generation or modified the calculations in SLIP–F11 investments on a current basis rather other sources service; (3) Regulation and to account for lost projected revenue than on a historical basis as described Frequency Response Service; (4) Energy associated with the decreased energy in Rate Order WAPA–169.11 The change Imbalance Service; (5) Spinning Reserve deliveries that occur when a customer allows WAPA to more accurately match Service; (6) Supplemental Reserve requests the WL. WAPA will also cost recovery with cost incurrence. Service; and (7) Generator Imbalance decrease a customer’s monthly SHP WAPA will use the same methodology Service. The ancillary services formula capacity allocation proportionally under going forward for expenses. WAPA will rates are designed to recover the costs the WL to match the monthly energy use current, year-to-date costs as the associated with providing the services. reduction. basis for projecting the full current These services will continue to be year’s transmission costs for the offered by CRSP or the Western Area CRSP Transmission Service upcoming year in the annual rate Colorado Missouri (WACM) BA. In accordance with WAPA’s Open calculation, rather than using only CRSP’s rate schedules for energy and Access Transmission Tariff (Tariff), historical information. When the annual generator imbalance services and CRSP offers Network Integration audited financial data is available, reserve services are included in this Transmission Service and Firm and WAPA will calculate the actual Revenue Rate Order. The rate schedules Non-Firm Point-to-Point Transmission Requirement for that year. Revenue applicable to CRSP scheduling, voltage Services. These services include the collected in excess of the actual support, and regulation services are transmission of energy to points of Revenue Requirement will be included implemented by WAPA’s Rocky delivery on the CRSP interconnected as a credit in the ATRR in a subsequent Mountain Region (RMR) under separate high-voltage system, which is year. Similarly, any under-collection of rate orders. Information pertaining to comprised of transmission lines, the Revenue Requirement will be those rate schedules can be found at substations, and related facilities. The included as a charge in the ATRR in a https://www.wapa.gov/regions/RM/

10 See Table 4. 11 Order Confirming and Approving Rate Schedules on a Final Basis, FERC Docket No. EF15– 10–000, 155 FERC ¶ 61,042 (2016).

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rates/Pages/rates.aspx. FERC approved described in the March 11, 2020, Rate 2. Transmission and Ancillary Services and confirmed, under Rate Order No. Brochure. They believe the updated Comment: Commenter is concerned 12 WAPA–174, on a final basis through forecasting and modeling and the forward-looking methodology will September 30, 2021, Rate Schedules L– adjustment to the $4 million in out result in additional labor expenses and AS1 for Scheduling, System Control, years are appropriate. questions whether it matches up with and Dispatch Service, L–AS2 for Response: WAPA acknowledges the asset management and/or Work Plan Reactive Supply and Voltage Control Commenter’s feedback. review data. Commenter approves of the from Generation or Other Sources Comment: Commenter requests that in use of a forward-looking methodology Service, and L–AS3 for Regulation and the future WAPA provide additional for O&M, as long as the data has been Frequency Response Service, which detail regarding the assumptions used to screened and reviewed in accordance superseded Rate Schedules SP–SD4, calculate purchased power. with the ’92 Agreement process. SP–RS4, and SP–FR4 in Rate Order No. Response: WAPA held a webinar on Response: WAPA does not anticipate WAPA–169, respectively. purchased power data sources and additional labor expenses tied to Generator Imbalance Services calculations on June 3, 2020, to address changing methodologies. The data used WAPA added Generator Imbalance this and other purchased power for the forward-looking methodology is Service, Schedule 9 to WAPA’s Tariff. concerns listed below. The presentation based on a combination of prior year CRSP’s Energy Imbalance Service Rate was posted to the website. Work Plans that have been reviewed Schedule, Rate Schedule SP–EI5, Comment: Commenter questioned pursuant to the ’92 Agreement process indicates both Energy and Generator why WAPA is changing to average and current-year actual data Imbalance Services are provided to rather than median hydrology when extrapolated through the end of the CRSP, as a Transmission Service forecasting firming purchased power. fiscal year. Provider, by the WACM BA under Rate Response: As a statistical method, the Comment: Commenters noted WAPA Schedules L–AS4 and L–AS9, median is chosen when outliers may plans to eliminate $5 million from the respectively. create a disproportionate effect and PRS due to a 250–MW bidirectional skew the distribution. Fortunately, contract, which utilizes a portion of the Sale of Surplus Products current water management tools reduce CRSP transmission system, terminating WAPA is implementing a new rate the likelihood of outliers having such an in February 2021. The projected impact schedule, SP–SS1, applicable to the sale effect and, therefore, WAPA finds the of removing the capacity load and of the following CRSP surplus energy use of average hydrology more accurate. offsetting transmission revenues results and capacity products: Energy, Comment: Commenter questions why in a $0.10/kW-month increase to the frequency response, regulation, and WAPA is extending the number of years CRSP transmission rate. Commenters reserves. If CRSP surplus products are for purchased power calculations. believe this capacity will be sold to a available, the charge will be determined Response: WAPA purchases power new customer and that WAPA should, based on market rates plus annually. Extending the window for therefore, not remove it from the administrative costs. The customer will purchased power projections ensures transmission rate. be responsible for acquiring forecasts are in place through the Response: WAPA posted the transmission service necessary to lifecycle of the rate action. availability of the transmission capacity deliver the product(s). This rate Comment: Commenter requests in OASIS on January 25, 2018. WAPA schedule is not applicable to supporting documentation showing the did not include the capacity in the FY transmission service and, therefore, is details of which hydrologic traces were 2021 transmission rate design because not provided through WAPA’s Tariff. used in Reclamation’s CRSS model. the transmission capacity was not contracted before this rate package was Comments Response: WAPA posted the list of finalized and submitted to the the 112 traces provided by Reclamation WAPA received oral comments from Administrator. WAPA reviews capacity- to the website on April 16, 2020. one commenter and eight comment under-contract to be included in the rate letters during the initial public Comment: Commenter asked about design on an annual basis. consultation and comment period. Two the nature of the product(s) priced by Comment: Commenter wants to comment letters were received during Argus. confirm Southwest Power Pool Western the extended comment period. The Response: Argus provides WAPA Energy Imbalance Service (WEIS) comments expressed have been with forecasted average monthly peak market replaces Rate Schedule SP–E15 paraphrased, where appropriate, and off-peak energy prices. WAPA used as of the start date of the WEIS market. without compromising the meaning of forecasted prices at the Palo Verde hub Response: Potential changes related to the comments. The comments have been in this rate action. CRSP’s participation in the WEIS EIS grouped as follows: (1) Purchased Power Comment: When will Reclamation Market are not within the scope of this Component, (2) Transmission and issue the April 24-month Study and will rate action. That said, Rate Schedule Ancillary Services, (3) Supporting Data, WAPA update and make available the SP–EI5 is not expected to change as a (4) Firm Power Service Rate updated rate brochure values prior to result of the potential start of the WEIS Adjustment, (5) Cost Recovery Charge, the April 20, 2020, comment deadline? Market. (6) Miscellaneous, and (7) Extended Response: Reclamation issued its Comment Period. April 24-month Study on April 15, 3. Supporting Data 1. Purchased Power Component 2020. Using this study, WAPA provided Comment: Commenters understand the updated purchased power that approximately $3 million Comment: Commenter expressed calculation, which showed an increase (representing revenue from a support for WAPA’s methodology and from $10,510,987 to $12,332,900 for FY Reclamation water supply contract) was revisions regarding purchase power, as 2020, to customers and interested removed from the PRS with the closure parties via email on April 16, 2020. of the Navajo Generating Station. 12 Order Confirming and Approving Rate Schedules on a Final Basis, FERC Docket No. EF16– WAPA updated the purchased power Commenters believe it would be 5–000, 158 FERC ¶ 62,181 (2017). values in the Rate Brochure. incorrect to assume this water would

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not be sold in the future and that WAPA the Revenue Requirements are divided could be updated from the proposed should not remove the revenue by energy sales. rates based on additional data. associated with this water contract until Comment: Commenter questioned Comment: Commenter is concerned Reclamation determines that this water why there were increases to project-use that there was no opportunity to weigh will not be remarketed. power in FY 2024 and FY 2028. in on the changing rate between April Response: WAPA removed the Response: FY 2024 is the current and June and questions how and when associated revenue from the PRS official date for operational buildout of WAPA will finalize a proposed rate. because additional water contract the Navajo Gallup Water Supply Project. Similarly, another commenter requested commitments were not identified before FY 2028 is the anticipated beginning of more detail regarding why the rate this rate package was finalized and CUPCA mandated water recycling. Both changed from the Proposal FRN to the submitted to the Administrator. will require project-use power in those presentation at the PIF. Revenue will continue to be added/ respective years. Response: WAPA understands the removed in subsequent annual PRS concerns with the rate changes. WAPA 4. Firm Power Service Rate updates as changes to water contract continued to post updates to the website commitments are identified. Comment: Commenter supported the as data became available. Although the Comment: Commenter suggests rate in the Proposal FRN published initial comment period ended on April delaying this rate action due to potential January 21, 2020. The Commenter does 20, 2020, WAPA continued to post cost savings on Participating Projects in not, however, support the higher rate answers to questions on the website so the summer of 2020. WAPA proposed at the March 12, 2020, that all interested parties were aware of Response: WAPA’s current rate PIF. The Commenter requests WAPA any ongoing communications before the expires September 30, 2020. Delaying republish a new Proposal FRN with the final rule, in accordance with DOE’s ex the rate action would prevent having an rates presented at the PIF and provide parte communication rules (available at effective rate in place by October 1, at least 2 months of additional review. https://www.energy.gov/gc/downloads/ 2020. WAPA included cost savings on Response: In the Proposal FRN, guidance-ex-parte-communications). Participating Projects in the final PRS WAPA alerted customers and interested WAPA also re-opened the customer and posted the information to the parties of a possible change to the comment period from June 26, 2020, website on June 30, 2020. proposal by stating, ‘‘The Revenue through July 10, 2020, and posted the Comment: Commenters expressed Requirement for the proposed rate is final rates to the website June 30, 2020, concerns about the use of the FY 2022 based upon the most current data to ensure customers had an opportunity Work Plans and whether timely review available, but WAPA plans to use the to submit additional comments. of the FY 2022 Work Plans can be FY 2019 historical financial data and FY Comment: Commenter believes accomplished in accordance with the 2022 Work Plans, if available, in the CREDA is unable to independently ’92 Agreement. final rate setting [PRS] and rate order model rate scenarios with the customer Response: Because the FY 2022 Work submission’’ (85 FR 3368). WAPA’s rate portal element of the WAPA-wide PRS, Plan review was not completed before presented at the PIF was based on the which has not performed as anticipated, this rate package was finalized and FY 2019 historical data and the FY 2022 has affected collaborative efforts toward submitted to the Administrator, WAPA Work Plans. Commenters had over 30 achieving the lowest possible rate. is using the FY 2021 Work Plans for this days to submit comments after the PIF Response: WAPA understands the ratesetting action. WAPA notified was held. Additionally, WAPA frustrations related to the use of the customers of this decision via email and provided a 14-day extended comment customer PRS portal and continues to posted notice to the website on June 19, period from June 26, 2020, through July troubleshoot the hardware and software. 2020. 10, 2020. Due to the ’92 Agreement To that end, WAPA meets with and Comment: Commenter understood review of the FY 2022 Work Plan not processes rate scenarios requested by that security guard service was going to being completed, WAPA will use the FY CREDA and provides corresponding be discontinued at the Flaming Gorge 2021 Work Plans, which was what was system-generated reports. WAPA will Dam; however, this service was still in proposed in the Proposal FRN. continue these efforts to strengthen Reclamation’s FY 2022 Work Plan. Comment: Commenter expressed customer collaboration. Response: WAPA did not use the FY significant concern with the fact that 5. Cost Recovery Charge 2022 Work Plan. WAPA can make adjustments to rates Comment: Commenter asked if after the close of the comment period Comment: Commenters continue to project-use power is usually used for and final rates may therefore not be have questions regarding the proposed fish and wildlife mitigation as noted in available until after the comment period changes to the CRC. Although the the footnote for the Provo River Delta ends. Proposal FRN had a significant amount Restoration Project (Provo Project). The Response: WAPA’s commitment to of discussion, the commenters would Commenter further suggests not certifying that rates are the lowest like WAPA to provide additional including such an increase in project possible consistent with sound business information and specific examples. use power until the project is complete. principles necessitates additional tasks Response: WAPA held a webinar to Response: The Provo River beyond the closeout of the comment describe how it calculates the CRC and Restoration Project is an authorized period, including: Reviewing customer treatment of the subsequent prior year project in the Central Utah Project comments, allotting time to ensure adjustment on June 4, 2020, and Completion Act of 1992 (CUPCA). compliance with the ’92 Agreement, addressed this and the additional CRC Because electric power needs for gathering forward-looking data for the questions below. The presentation was CUPCA are categorized as project-use transmission rate, and tracking whether posted on the website on June 5, 2020. power, WAPA will include the water contracts and transmission Comment: Customer does not support projected project-use increase in the contracts will be acquired by new the proposed revised CRC lost revenue PRS. Notably, including project-use customers. Customers were aware from calculation, which calculates the energy allocations in the PRS leads to the Proposal FRN, as noted in response difference between the projected downward pressure on the rate when to a previous comment, that the rates purchased power cost and the energy

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rate. Commenter encourages additional trigger as well as other options additional information and responses to discussion on this issue. (including lake levels) in the future. customer questions and comments on Response: Prior versions of the CRC Comment: Commenter asked whether the CRC. As issues such as hydrology, did not account for the revenue lost the CROD billing capacity will get environmental program funding, and when customers elect the WL and reduced, similar to SHP billing energy, purchased power all have potential reduce their allocated energy (in lieu of if a customer elects to waive the CRC. impacts to the triggering and the CRC). WAPA addressed this issue Response: CROD billing capacity will implementation of a CRC, the during the public webinar held on June not be reduced. commenter encourages ongoing 4, 2020 and a presentation detailing the Comment: Commenter supports discussion on the various elements of CRC process was posted to the website converting CRC from an FY to a CY the CRC, including triggering criteria, as on June 5, 2020. cycle. well as changes proposed to the CRC in Comment: Commenter does not Response: WAPA acknowledges the this rate proceeding. support the revised CRC process that comment. Response: WAPA welcomes will reduce SHP capacity for those Comment: Commenter proposed that additional discussion on the methods to customers opting for the WL to maintain WAPA rename ‘‘trigger for shortage ensure cost recovery is achieved and on each customer’s existing monthly Load criteria’’ in the CRC due to confusion the various elements of the CRC and Factor percentage at the same level with other processes containing the WL. while maintaining minimums. term ‘‘shortage criteria.’’ Response: WAPA was concerned that Response: WAPA agrees and has Comment: Commenter appreciates maintaining existing SHP capacity renamed it ‘‘trigger for water release WAPA’s decision to incorporate the FY levels would be inconsistent with criteria.’’ 2021 Work Plan materials into this rate reduced allocations resulting from WLs. Comment: Commenter asked if WAPA proceeding. Customers requesting a WL will have is proposing any changes related to the Response: WAPA acknowledges the their energy allocation reduced, which CRC that would impact the Customer’s comment. will result in a corresponding reduction ability to firm up their resource with Comment: Commenter supports the to their capacity allocation. To be WRP or CDP. adoption of the rate as made available consistent with marketing plan Response: No changes are planned. for customer review on June 30, 2020, requirements, WAPA has elected to 6. Miscellaneous and the revision of the rate proposed on maintain a customer’s Load Factor at January 21, 2020, as structured to consistent levels to provide for a Comment: Commenter recognized reduce the relevant apportionment and reduction in capacity proportionate to WAPA’s willingness to entertain extend the ‘‘pinch point’’ to 2038. any energy reduction under a WL. suggestions and collaborate to develop Commenter agrees that this rate Comment: Commenter stated it would alternatives capable of mitigating formulary best ensures that WAPA be very helpful to explain the proposed significant rate increases and stated it imposes only the minimum cost to CRC changes by providing sample indicates a true desire to implement the CRSP customers, consistent with invoices for a Customer who does not lowest possible rate, consistent with WAPA’s obligations. waive the CRC and a Customer who sound business principles, on a regional Response: WAPA acknowledges the waives the CRC, and showing proposed basis and with a project-specific focus. comment. changes to the CRC calculation. Response: WAPA acknowledges the Response: WAPA posted sample bills, comment. Certification of Rates sample CRC and WL calculations by Comment: Multiple commenters Customer, and worksheets showing the encouraged WAPA to support CREDA’s I have certified that the Provisional difference between the SLIP–F10 and comments on proposed adjustments. Rates for SLCA/IP firm power and sales SLIP–F11 versions of the CRC on the Response: WAPA acknowledges the of surplus products and the CRSP website on April 16, 2020. Additionally, input and has responded to CREDA’s transmission and ancillary services WAPA walked the Customers through comments in this final rule. under Rate Schedules SLIP–F11, SP– the CRC calculations during the June 4, Comment: Commenter thanked NW5, SP–PTP9, SP–NFT8, SP–UU2, 2020, webinar. WAPA posted its WAPA for its diligent work preparing SP–E15, SP–SSR5, and SP–SS1 are the presentation from the webinar to the the Rate Brochure, the information from lowest possible rates, consistent with website on June 5, 2020. the PIF, and the willingness to work sound business principles. The Comment: Commenter asks that the with Customers to ensure the lowest Provisional Rates were developed 8.23 MAF trigger be reconsidered in possible rate. following administrative policies and favor of a Lake Powell reservoir level Response: WAPA acknowledges the applicable laws. trigger. Customer feels the advances comment. Availability of Information made in hydropower modeling by WAPA, Drought Contingency Plan 7. Extended Comment Period Comments Information about this rate establishment and implementation, and Comment: Commenter appreciates the adjustment, including the customer Rate uncertainty associated with Interim opportunity to work with WAPA Brochure, PRSs, comments, letters, Guidelines renegotiation make a lake- throughout the rate process, particularly memoranda, and other supporting level trigger preferable. WAPA’s online posting of rate materials that were used to develop the Response: The water release trigger information, supporting documentation, Provisional Rates, is available for does not trigger a CRC; rather, it permits and responses to questions and inspection and copying by appointment WAPA to recalculate the CRC if water comments. at the Colorado River Storage Project releases drop below 8.23 MAF. Shifting Response: WAPA recognizes the Management Center, located at 299 from FY to CY calculations will enable benefits of customer engagement and South Main Street, Suite 200, Salt Lake WAPA to review more accurate the need for transparency in the rate City, Utah. Many of these documents are forecasts of annual water release data process. also available on WAPA’s website at prior to calculating the annual CRC. Comment: Commenter appreciates https://www.wapa.gov/regions/CRSP/ WAPA will reevaluate the need for this WAPA’s June webinars, which provided rates/Pages/rates.aspx.

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Ratemaking Procedure Requirements effect on an interim basis until: (1) FERC To the wholesale power customer for Environmental Compliance confirms and approves them on a final firm power service supplied through basis; (2) subsequent rates are confirmed one meter at one point of delivery or as WAPA has determined that this and approved; or (3) such rates are otherwise established by contract. action is categorically excluded from the superseded. Character: preparation of an environmental Signed in Lakewood, CO, on August Alternating current, 60 hertz, three- assessment or an environmental impact 17, 2020. phase, delivered and metered at the statement.13 A copy of the categorical voltages and points established by exclusion determination is available on Mark A Gabriel, Administrator. contract. WAPA’s website at https:// Monthly Rate: www.wapa.gov/regions/CRSP/rates/ Rate Schedule SLIP–F11 Pages/rates.aspx. (Supersedes Rate Schedule SLIP–F10) Demand Charge: $4.85 per kilowatt of billing demand. Determination Under Executive Order United States Department of Energy Energy Charge: $11.43 mills per 12866 Western Area Power Administration kilowatthour of use. WAPA has an exemption from Colorado River Storage Project Cost Recovery Charge: centralized regulatory review under Management Center Salt Lake City To adequately recover and maintain a Executive Order 12866; accordingly, no Area Integrated Projects sufficient balance in the Basin Fund, clearance of this notice by the Office of Schedule of Rates for Firm Power WAPA uses a cost recovery mechanism, Management and Budget is required. Service (Approved Under Rate Order called a Cost Recovery Charge (CRC). Submission to the Federal Energy No. WAPA–190) The CRC is a charge on all SHP energy. Regulatory Commission This charge will be recalculated Effective: before October 1 of each year, and The Provisional Rates herein Rate Schedule SLIP–F11 will be WAPA will provide notification to the confirmed, approved, and placed into placed into effect on an interim basis on Customers. The charge, if needed, will effect on an interim basis, together with the first day of the first full-billing be placed into effect on the first day of supporting documents, will be period beginning on or after October 1, the first full-billing period beginning on submitted to FERC for confirmation and 2020, and will remain in effect until or after January 1, 2021. Under a Water final approval. FERC confirms, approves, and places Release Trigger, the CRC will be re- the rate schedules into effect on a final Order calculated at that time. (See Trigger for basis through September 30, 2025, or Water Release Criteria explanation In view of the above and under the until the rate schedules are superseded. below.) The CRC will be calculated as authority delegated to me, I hereby Available: follows: confirm, approve, and place into effect, In the area served by the Salt Lake on an interim basis, Rate Order No. City Area Integrated Projects. WAPA has the Discretion To Implement WAPA–190. The rates will remain in Applicable: a CRC Based on the Tiers Below

TABLE 1—CRC TIERS

Tier Criteria, If the BFBB is: Review

i ...... Greater than $150 million, with an expected decrease to below $75 million ...... Annually. ii ...... Less than $150 million but greater than $120 million, with an expected 50 percent decrease in the next CY. iii ...... Less than $120 million but greater than $90 million, with an expected 40 percent decrease in the next CY. iv ...... Less than $90 million but greater than $60 million, with an expected 25 percent decrease in Semi-Annual (August/February). the next CY. v ...... Less than $60 million but greater than $40 million with an expected decrease to below $40 Monthly. million in the next CY.

TABLE 2—SAMPLE CRC CALCULATION

Description Example Formula

Step one: Determine the Net Balance available in the Basin Fund.

BFBB .. Basin Fund Beginning Balance ($) ...... $117,508,000 Financial forecast. BFTB ... Basin Fund Target Balance ($) ...... $70,504,800 BFBB—(Tier % *BFBB), or BFTB for Tier i and Tier v.1 PAR .... Projected Annual Revenue ($) w/o CRC ...... $190,628,000 Financial forecast. PAE ..... Projected Annual Expenses ($) ...... $249,187,000 Financial forecast. NR ...... Net Revenue ($) ...... $¥58,559,000 PAR—PAE. NB ...... Net Balance ($) ...... $58,949,000 BFBB + NR.

Step two: Determine the Forecasted Energy Purchase Expenses.

EA ...... SHP Energy Allocation (GWh) ...... 5,135 Customer contracts. HE ...... Forecasted Hydro Energy (GWh) ...... 4,459 Hydrologic & generation forecast.

13 The determination was made in compliance Council on Environmental Quality Regulations for DOE NEPA Implementing Procedures and with the National Environmental Policy Act (NEPA) implementing NEPA (40 CFR parts 1500–1508); and Guidelines (10 CFR part 1021). of 1969, as amended, 42 U.S.C. 4321–4347; the

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TABLE 2—SAMPLE CRC CALCULATION—Continued

Description Example Formula

FE ...... Forecasted Energy Purchase (GWh) ...... 676 EA—HE or anticipated. FFC ..... Forecasted Average Energy Price per MWh ($) ...... $30.57 From commercially available price indices. FX ...... Forecasted Energy Purchase Expense ($) ...... $20,665,320 FE * FFC *1000.

Step three: Determine the amount of Funds Available for firming energy purchases, and then determine additional revenue to be recovered. The following two formulas will be used to determine FA; the lesser of the two will be used.

FA1 ..... Basin Fund Balance Factor ($) ...... $9,109,520 If (NB>BFBB,FX,FX¥(BFTB¥NB)). FA2 ..... Revenue Factor ($) ...... $9,109,520 If (NR>¥(BFBB–BFTB), FX, FX+NR +(BFBB–BFTB)). FA ...... Funds Available ($) ...... $9,109,520 Lesser of FA1 or FA2 (not less than $0). FARR .. Additional Revenue to be Recovered ($) ...... $11,555,800 FX—FA.

Step four: Determine the difference between the market price and the SLCA/IP Energy Rate.

SLIP .... SLCA/IP Energy Rate ...... $11.43 From Rate Schedule SLIP–F10. NRATE Net Rate: Difference between Market Price and SLCA/ $19.14 FFC—SLIP. IP Energy Rate.

Step five: Once the FA for purchases and the NRATE for cost have been determined, the CRC can be calculated, and the WL can be determined.

CRC .... Cost Recovery Charge (mills/kWh) ...... 2.25 FARR/(EA*1,000). WL ...... Waiver Level (GWh) ...... 4,531 EA¥((FARR/NRATE)/1000). WLP .... Waiver Level Percentage of Full SHP ...... 88.24% WL/EA*100. CRCE .. CRC Energy (GWh) ...... 604 EA—WL. CRCEP CRC Energy Percentage of Full SHP ...... 11.76% CRCE/EA*100. RISC ... Reduction in SHP Capacity ...... 11.76% Same as CRCEP percentage. Notes: 1. Use Table 1 to calculate applicable value.

Narrative CRC Example NB—Net Balance is the Basin Fund FX = FE*FFC*1000 Step One: Determine the net balance Beginning Balance plus net revenue. = 676 * $30.57*1000 = $20,665,320 available in the Basin Fund. NB = BFBB + NR BFBB—WAPA will forecast the Basin = $117,508,000 + (¥58,559,000) Step Three: Determine the amount of Fund Beginning Balance for the next = $58,949,000 Funds Available (FA) to expend on CY. Step Two: Determine the forecasted firming energy purchases and then BFBB = $117,508,000 energy purchases expenses. determine additional revenue to be recovered (FARR). The following two BFTB—The Basin Fund Target EA—The Sustainable Hydro Power formulas (FA1, FA2) will be used to Balance is based on the applicable Energy (from Customer contracts) and determine FA; the lesser of the two will tiered percentage, or minimum value, of Project Use allocations. be used. Funds available shall not be the Basin Fund Beginning Balance EA = 5,135 (GWh) less than zero. derived from the CRC Tiers table with HE—WAPA’s forecast of Hydro a minimum BFTB set at $40 million. Energy available during the next FY A. Basin Fund Balance Factor (FA1) BFTB = BFBB less 40 percent, see Tier developed from Reclamation’s August If the Net Balance is greater than the iii (BFBB < 120 million, BFBB > 90 24-month Study. Basin Fund Target Balance, then the million) HE = 4,459 (GWh) value for forecasted energy purchased = $117,508,000¥$47,003,200 FE—Forecasted Energy purchases are power expenses (FX) is used. If the net = $70,504,800 the difference between the Sustainable balance is less than the Basin Fund PAR—Projected Annual Revenue is Hydro Power allocation and the Target Balance, then the Forecasted WAPA’s estimate of revenue for the next forecasted hydro energy available for the Energy Purchased Power Expenses, CY. next CY or the anticipated firming subtracted by the difference between the PAR = $190,628,000 purchases for the next year. Basin Fund Target Balance and the Net PAE—Projected Annual Expenses is FE = EA–HE or anticipated purchases Balance, is used. WAPA’s estimate of expenses for the = 676 (GWh, anticipated) FA1 = If (NB >BFTB, FX, FX—(BFTB— next CY. The PAE includes all cash FFC—The forecasted energy price for NB)) outflows from the Basin Fund including the next CY per MWh. WAPA currently If the Net Balance is greater than the capital expenses, O&M, revenue uses Argus to estimate market prices for Basin Fund Target Balance, then FA1 = transfers to Reclamation, and returns to purchase power. FX. Treasury. FFC = $30.57 per MWh = $58,949,000 (NB) is greater than PAE = $249,187,000 FX—Forecasted energy purchase $70,504,800 (BFTB) then: NR—Net Revenue equals revenues power expenses based on the current = $20,665,320 (FX) minus expenses. year’s August 24-month Study, If the Net Balance is less than the NR = PAR¥PAE representing an estimate of the total Basin Fund Target Balance (as it is in = $190,628,000¥249,187,000 costs of firming purchases for the this example), then this equation would = $¥58,559,000 coming CY. be used to determine FA1:

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FA1 = FX ¥ (BFTB–NB) CRC can be calculated and the Waiver = 5,135—4,531 = $20,665,320 (FX)¥($70,504,800 Level (WL) can be determined. = 604 GWh (BFTB)¥$58,949,000 (NB)) = $9,109,520 A. Cost Recovery Charge E. CRC Level Percentage of Full SHP The CRC will be a charge to recover (CRCEP) B. Basin Fund Revenue Factor (FA2) the additional revenue (FARR) required CRCEP = CRCE/EA The second factor ensures WAPA as calculated in Step 3. The CRC will = 604/5,135 collects sufficient funds to meet the apply to all customers who choose not = 11.76% Basin Fund Target Balance as long as to request a waiver of the CRC, as the amount needed does not exceed the discussed below. The CRC equals the F. Reduction in Capacity (RISC): forecasted purchase expense (FX): additional revenue to be recovered SHP capacity reductions will be In the situation, there is no projected divided by the total energy allocation to made, for those customers taking the positive net revenue: all customers for the CY. CRC waiver, to maintain each ¥ ¥ FA2 = If (NR> (BFBB BFTB), FX, FX CRC = FARR/(EA*1,000) customer’s existing monthly Load ¥ + NR + (BFBB BFTB)) = $11,555,800 (FARR)/(5,135 (EA) * Factor percentage at the same level If the Net Revenue (loss) value does 1,000) provided by the full SHP capacity and not result in a loss that exceeds the = $ 2.25 mills/kWh energy allocation. allowable decrease value of the Basin B. Waiver Level (WL) RISC = CRCEP Fund Beginning Balance = 11.76% (¥(BFBB¥BFTB)), then FA2 = FX: WAPA will establish a WL that = ¥$58,559,000(NR) is greater provides WAPA the ability to reduce Trigger for Water Release Criteria than¥($117,508,000¥$70,504,800) purchased power expenses by scheduling less energy than what is In the event that Reclamation’s 24- then: month Study projects that Glen Canyon = $20,665,320 (FX) else: contractually required. Therefore, for those customers who voluntarily Dam water releases will drop below 8.23 If the Net Revenue (loss) results in a schedule no more energy than their MAF in a water year (October through loss that exceeds the allowable decrease proportionate share of the WL, WAPA September), WAPA will recalculate the value of the Basin Fund Beginning will waive the CRC for that year. After CRC to include those lower estimates of Balance (¥(BFBB¥BFTB)), then FX + the Funds Available have been hydropower generation and the NR + (BFBB¥BFTB): determined, the WL will be set at the estimated costs for the additional = $20,665,320 (FX) + (¥58,559,000) purchase power necessary. WAPA, as in ¥ sum of the energy that can be provided (NR) + ($117,598,000 $70,504,800) through hydro generation and the yearly projection for the CRC, will = $9,109,520 purchased with Funds Available. The give the Customers a 45-day notice to FA—Determine funds available for WL will not be less than the forecasted request a waiver of the CRC if they do purchasing firming energy by using the Hydro Energy. not want to have the CRC charge added lesser of FA1 and FA2. If SHP Energy Allocation (EA) is less to their energy bills. This recalculation FA1 and FA2 are equal, so: than forecasted Hydro Energy (HE) will remain in effect for the remainder FA = $9,109,520 (FX) available, then WL = EA. If SHP Energy of the current CY. FARR—Calculate the additional Allocation (EA) is greater than the If the annual water release volumes revenue to be recovered by subtracting forecasted Hydro Energy (HE) available, from Glen Canyon Dam return to 8.23 the Funds Available from the forecasted then WL = (EA ¥ ((FARR/NRATE)/ MAF or higher during the trigger energy purchased power expenses. 1000)) implementation, a new CRC will be ¥ WL = If (EA < HE), EA, (EA ¥ ((FARR/ calculated for the next month, and the FARR = FX FA Customer will be notified. = $20,665,320 (FX)¥$9,109,520 (FA) NRATE)/1000) = $11,555,800 = If 5,135 (EA) is less than 4,459 (HE), Narrative PYA Discussion Step four: Determine the difference then: = 5,135 (EA), else: Since the annual determination of the between the Market Price and the ¥ CRC is based upon estimates, an annual, SLCA/IP energy rate. = 5,135 (EA) (($11,555,800 (FARR)/ $19.14 (NRATE))/1,000) prior-year adjustment (PYA) will be SLIP—SLCA/IP energy rate from Rate = 4,531 (GWh) is the Waiver Level calculated. The CRC PYA for the next Schedule SLIP F11 subsequent year will be determined by SLIP = $11.43 per MWh C. Waiver Level Percentage of Full SHP comparing the prior year’s estimated NRATE—Difference between the Market WLP firming energy cost to the prior year’s Price and the SLCA/IP energy rate WLP = WL/EA actual firming energy cost for the energy ¥ NRATE = FFC SLIP = 4,531/5,135 provided above the WL. The PYA will ¥ = $30.57 (FFC) $11.43 (SLIP) = 88.24% result in an increase or decrease to a = $19.14 per MWh customer’s firm energy costs over the Step five: Once the funds available for D. CRC Energy GWh (CRCE) course of the following year. See Table purchases have been determined, the CRCE = EA ¥ WL 3 below for an example of the PYA.

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TABLE 3—PYA CALCULATION

PYA CALCULATION Description Example Formula/Source

Step one: Determine actual expenses and purchases for previous year’s firming. This data will be obtained from WAPA’s financial statements at the end of the CY.

PFX Prior Year Actual Firming Expenses ($) ...... $11,020,808 Monthly Income Statements. PFE Prior Year Actual Firming Energy (GWh) ...... 490 Financial Settlements Data.

Step two: Determine the actual firming cost for the CRC portion.

EAC Sum of the energy allocations of customers subject to 3,266 the PYA (GWh). FFC Forecasted Firming Energy Cost—($/MWh) ...... $30.57 From CRC Calculation. AFC Actual Firming Energy Cost—($/MWh) ...... $22.49 PFX/PFE. CRCEP CRC Energy Percentage ...... 11.76% From CRC Calculation. CRCE Purchased Energy for the CRC (GWh) ...... 384 EAC*CRCEP.

Step three: Determine Revenue Adjustment (RA) and PYA.

RA Revenue Adjustment ($) ...... ($3,102,720) (AFC–FFC)*CRCE*1,000. PYA Prior Year Adjustment (mills/kWh) ...... (.95 mills)/kWh (RA/EAC)/1,000.

Narrative PYA Example = 3,266 * .1176 The Customers’ PYA will be based on Narrative PYA Example Only = 384 GWh their prior CY’s energy multiplied by (assumes that a CRC was needed for the AFC—The Actual Firming Energy the PYA mills/kWh to determine the previous year). Cost is the PFX divided by the PFE. dollar value that will be assessed. The Step one: Determine actual expenses AFC = (PFX/PFE)/1,000 Customer will be charged or credited for and purchases for previous year’s = ($11,020,808/490)/1,000 this dollar amount equally in the firming. This data will be obtained from = $22.49/MWh remaining months of the next year’s WAPA’s financial statements at end of Step three: Determine Revenue billing cycle. WAPA will complete this the FY. Adjustment and PYA. calculation by March 1 of each year. PFX—Prior year actual firming RA—The Revenue Adjustment is Therefore, if the PYA is calculated in expense. Actual Firming Energy Cost less March, the charge/credit will be spread over the remaining 9 months of the CY PFX = $11,020,808 Forecasted Firming Energy Cost times (April through December). PFE—Prior year actual firming energy. Purchased Energy for the CRC. RA = (AFC ¥ FFC) * CRCE * 1,000 CRC Schedule for Customers: PFE = 490 GWh ¥ = ($22.49 $30.57) * 384 * 1,000 Consistent with the procedures at 10 Step two: Determine the actual = ($3,102,720) firming cost for the CRC portion. CFR 903, WAPA will provide its PYA—The PYA is the Revenue EAC—Sum of the energy allocations customers with information concerning Adjustment divided by the SHP Energy of customers who were assessed the the anticipated CRC for the upcoming Allocation for the CRC Customers in the CRC for the prior year. CY by October 1. The established CRC prior year only and will be applied to will be in effect for the entire CY. The EAC = 3,266 GWh those same customers. table below displays the time frame for CRCE—The amount of CRC Energy PYA = (RA/EAC)/1,000 determining the amount of purchases needed. = (¥$3,102,720/3,266)/1,000 needed, developing customers’ load CRCE = EAC * CRCEP =¥.95 mills/kWh schedules, and making purchases.

TABLE 4—CRC SCHEDULE

Respective dates under table CRC tiers Task i, ii, and iii iv 1 v2

24-month Study (Forecast used to August 1 ...... August 1 ...... Monthly Study. Model Projections). February 1 ...... CRC Notice to Customers ...... October 1 ...... October 1 ...... Monthly. April 1 ...... Waiver Request Submitted by November 15 ...... Within 45 days ...... Within 30 days. Customers. CRC Effective ...... January 1 ...... January 1 ...... Updated Monthly. July 1 ...... Notes: 1 Under a Water Release Criteria Trigger, this schedule will change. Customers will be notified that a CRC will be implemented in 90 days. WAPA will provide its Customers with information concerning the anticipated CRC and give them 45 days to request a waiver or accept the CRC. The established CRC will be in effect for 12 months from the date implemented unless superseded by another CRC.

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2 If it is determined during the additional reviews, under tier v, that a CRC is necessary, Customers will be notified that a CRC will be imple- mented in 60 days. WAPA will provide its Customers with information concerning the anticipated CRC and give them 30 days to request a waiv- er or accept the CRC. The established CRC will be in effect for 12 months from the date implemented unless superseded by another CRC.

Billing Demand: The Customer will be required to United States Department of Energy The billing demand will be the greater maintain a power factor at all points of Western Area Power Administration of: measurement between 95 percent Colorado River Storage Project 1. The highest 30-minute integrated lagging and 95 percent leading. Management Center Colorado River demand measured during the month up Adjustment for Western Replacement Storage Project to, but not more than, the delivery Power: obligation under the power sales Pursuant to the Customer’s Firm Network Integration Transmission contract, or Electric Service Contract, as amended, Service (Approved Under Rate Order 2. The Contract Rate of Delivery. WAPA will bill the Customer for its No. WAPA–190) Billing Energy: proportionate share of the costs of Effective: The billing energy will be the energy Western Replacement Power (WRP) Rate Schedule SP–NW5 will be measured during the month up to, but within a given time period. WAPA will placed into effect on an interim basis on not more than, the delivery obligation include in the monthly power bill the the first day of the first full-billing under the power sales contract. cost of the WRP and the incremental period beginning on or after October 1, Adjustment for Waiver: administrative costs associated with 2020, and will remain in effect until Customers can choose not to take the WRP. FERC confirms, approves, and places full SHP energy supplied as determined Adjustment for Customer the rate schedules into effect on a final in the attached formulas for CRC and Displacement Power Administrative basis through September 30, 2025, or will be billed the Energy and Capacity Charges: until the rate schedules are superseded. rates listed above, but not the CRC. WAPA will include in the Customer’s Applicable: Adjustment for Transformer Losses: regular monthly power bill the The Transmission Customer will If delivery is made at transmission incremental administrative costs compensate the Colorado River Storage voltage, but metered on the low-voltage associated with Customer Displacement Project each month for Network side of the substation, the meter Power. Integration Transmission Service under readings will be increased to the applicable Network Integration Rate Schedule SP–NW5 compensate for transformer losses as Transmission Service Agreement and provided in the contract. ATTACHMENT H to Tariff the formula rate described herein. Adjustment for Power Factor: (Supersedes Rate Schedule SP–NW4) Formula Rate:

A calculated Annual Transmission with the service agreement. If losses are Rate Schedule SP–PTP9 will be Revenue Requirement for Network not fully provided by a transmission placed into effect on an interim basis on Integration Transmission Service will go customer, charges for financial the first day of the first full-billing into effect every October 1 based on the compensation may apply. period beginning on or after October 1, above formula and updated financial Rate Schedule SP–PTP9 2020, and will remain in effect until and operational data. WAPA will notify SCHEDULE 7 to Tariff FERC confirms, approves, and places the transmission customer annually of (Supersedes Schedule SP–PTP8) the rate schedules into effect on a final the recalculated annual Revenue basis through September 30, 2025, or Requirement on or before September 1. United States Department of Energy until the rate schedules are superseded. Billing: Western Area Power Administration Applicable: Billing determinants for the formula Colorado River Storage Project The Transmission Customer will rate above will be as specified in the Management Center Colorado River compensate the Colorado River Storage service agreement. Billing will occur Storage Project Project each month for Reserved monthly under the formula rate. Capacity under the applicable Firm Adjustment for Losses: Firm Point-to-Point Transmission Point-To-Point Transmission Service Losses incurred for service under this Service (Approved Under Rate Order Agreement and the formula rate rate schedule will be accounted as No. WAPA–190) described herein. agreed to by the parties in accordance Effective: Formula Rate:

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A recalculated rate will go into effect The formula rate above applies to the service. The Unreserved Use Penalty every October 1 based on the above maximum amount of capacity reserved charge for multiple instances of formula and updated financial and for periods ranging from 1 hour to 1 Unreserved Use isolated to 1 calendar operational data. WAPA will notify the month, payable whether used or not. week would result in a penalty based on transmission customer annually of the Billing will occur monthly. the rate for weekly firm PTP service. recalculated rate on or before September Adjustment for Losses: The Unreserved Use Penalty charge for 1. Discounts may be offered from time Power and energy losses incurred in multiple instances of Unreserved Use to time in accordance with WAPA’s connection with the transmission and during more than 1 week in a calendar Open Access Transmission Tariff. delivery of power and energy under this month will be based on the rate for Billing: rate schedule shall be supplied by the monthly firm PTP service. The formula rate above applies to the customer in accordance with the service A Transmission Customer that maximum amount of capacity reserved contract. If losses are not fully provided exceeds its firm reserved capacity at any for periods ranging from 1 hour to 1 by a transmission customer, charges for point of receipt or point of delivery or month, payable whether used or not. financial compensation may apply. an eligible customer that uses Billing will occur monthly. Rate Schedule SP–UU2 transmission service at a point of receipt Adjustment for Losses: SCHEDULE 10 to Tariff or point of delivery that it has not Losses incurred for service under this (Supersedes Schedule SP–UU1) reserved is required to pay for all rate schedule will be accounted for as United States Department of Energy ancillary services identified in WAPA’s agreed to by the parties in accordance Western Area Power Administration Open Access Transmission Tariff that with the service agreement. If losses are were provided by the CRSP and not fully provided by a transmission Colorado River Storage Project associated with the Unreserved Use. customer, charges for financial Management Center Colorado River The Transmission Customer will pay for compensation may apply. Storage Project ancillary services based on the amount Rate Schedule SP–NFT8 Unreserved Use Penalties (Approved of transmission service it used and did SCHEDULE 8 to Tariff Under Rate Order No. WAPA–190) not reserve. (Supersedes Schedule SP–NFT7) Rate: Effective: The rate for Unreserved Use Penalties United States Department of Energy Rate Schedule SP–UU2 will be placed is 200 percent of WAPA’s approved rate Western Area Power Administration into effect on an interim basis on the for firm point-to-point transmission first day of the first full-billing period Colorado River Storage Project service assessed as described above. beginning on or after October 1, 2020, Management Center Colorado River Any change to the rate for Unreserved and will remain in effect until FERC Storage Project Use Penalties will be listed in a revision confirms, approves, and places the rate to this rate schedule issued under Non-Firm Point-To-Point Transmission schedules into effect on a final basis applicable Federal laws and policies Service (Approved Under Rate Order through September 30, 2025, or until the and made part of the applicable service No. WAPA–190) rate schedules are superseded. agreement. Applicable: Effective: Rate Schedule SP–EI5 The Transmission Customer shall Rate Schedule SP–NFT8 will be compensate the Colorado River Storage SCHEDULES 4 & 9 to Tariff placed into effect on an interim basis on Project (CRSP) each month for any (Supersedes Rate Schedule SP–EI4) the first day of the first full-billing unreserved use of the transmission period beginning on or after October 1, United States Department of Energy system (Unreserved Use) under the 2020, and will remain in effect until Western Area Power Administration applicable transmission service rates as FERC confirms, approves, and places outlined herein. Unreserved Use occurs Colorado River Storage Project the rate schedules into effect on a final when an eligible customer uses Management Center Colorado River basis through September 30, 2025, or transmission service that it has not Storage Project until the rate schedules are superseded. Applicable: reserved or a transmission customer Energy and Generator Imbalance The Transmission Customer will uses transmission service in excess of its Services (Approved Under Rate Order compensate the Colorado River Storage reserved capacity. Unreserved Use may No. WAPA–190) also include a customer’s failure to Project each month for Non-Firm, Point- Effective: to-Point Transmission Service under the curtail transmission when requested. Penalty Rate: Rate Schedule SP–EI5 will be placed applicable Non-Firm, Point-to-Point The penalty rate for a Transmission into effect on an interim basis on the Transmission Service Agreement and Customer that engages in Unreserved first day of the first full-billing period the formula rate described herein. Use is 200 percent of CRSP’s approved beginning on or after October 1, 2020, Formula Rate: transmission service rate for point-to- and will remain in effect until FERC Maximum Non-Firm Point-To-Point point (SP–PTP9) transmission service confirms, approves, and places the rate Transmission Rate = Firm Point-To- assessed as follows: schedules into effect on a final basis Point Transmission Rate (i) The Unreserved Use Penalty for a through September 30, 2025, or until the A recalculated rate will go into effect single hour of Unreserved Use is based rate schedules are superseded. every October 1 based on the above upon the rate for daily firm PTP service. Applicable: formula and updated financial and load (ii) The Unreserved Use Penalty for To all CRSP Transmission Customers data. WAPA will notify the transmission more than one assessment for a given receiving this service. customer annually of the recalculated duration (e.g., daily) increases to the Formula Rates: rate on or before September 1. Discounts next longest duration (e.g., weekly). Provided through the Western Area may be offered from time-to-time in (iii) The Unreserved Use Penalty for Colorado Missouri (WACM) Balancing accordance with WAPA’s Open Access multiple instances of Unreserved Use Authority under Rate Schedules L–AS4 Transmission Tariff. (e.g., more than 1 hour) within a day is and L–AS9, or as superseded. Billing: based on the rate for daily firm PTP Rate Schedule SP–SSR5

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SCHEDULES 5 & 6 to Tariff which a separate charge may be anonymous unless identifying (Supersedes Rate Schedule SP–SSR4) incurred. information is included in the body of the comment. United States Department of Energy [FR Doc. 2020–18533 Filed 8–21–20; 8:45 am] • Email: Send comments by Western Area Power Administration BILLING CODE 6450–01–P electronic mail (email) to: ORD.Docket@ Colorado River Storage Project epa.gov, Attention Docket ID No. EPA– Management Center Colorado River ENVIRONMENTAL PROTECTION HQ–ORD–2015–0467. Storage Project D AGENCY Note: Comments submitted via Operating Reserves—Spinning and email are not anonymous. The sender’s [EPA–HQ–ORD–2015–0467; FRL–10013–85– email will be included in the body of Supplemental Reserve Services ORD] (Approved Under Rate Order No. the comment and placed in the public docket which is made available on the WAPA–190) Board of Scientific Counselors (BOSC) internet. Effective: Safe and Sustainable Water Resources Instructions: All comments received, Rate Schedule SP–SSR5 will be Subcommittee Meeting—October 2020 including any personal information placed into effect on an interim basis on AGENCY: Environmental Protection provided, will be included in the public the first day of the first full-billing Agency (EPA). docket without change and may be period beginning on or after October 1, ACTION: Notice of public meeting. made available online at 2020, and will remain in effect until www.regulations.gov. Information FERC confirms, approves, and places SUMMARY: The Environmental Protection claimed to be Confidential Business the rate schedules into effect on a final Agency (EPA), Office of Research and Information (CBI) or other information basis through September 30, 2025, or Development (ORD), gives notice of a whose disclosure is restricted by statute until the rate schedules are superseded. virtual meeting of the Board of will not be included in the public Applicable: Scientific Counselors (BOSC) Safe and docket, and should not be submitted To all CRSP Transmission Customers Sustainable Water Resources (SSWR) through www.regulations.gov or email. receiving this service. Subcommittee to review the initial For additional information about the Formula Rate: progress on implementation of the FY EPA’s public docket visit the EPA The Transmission Customer serving 19–22 SSWR Strategic Research Action Docket Center homepage at http:// loads within the transmission provider’s Plan (StRAP). www.epa.gov/dockets/. balancing authority must acquire Public Docket: Publicly available Spinning and Supplemental Reserve DATES: 1. The initial meeting will be held over two days via videoconference: docket materials may be accessed services from CRSP, from a third party, Online at www.regulations.gov. or by self-supply. a. Wednesday, October 28, 2020, from 12 p.m. to 5 p.m. (EDT); and Copyrighted materials in the docket Rate Schedule SP–SS1 b. Thursday, October 29, 2020, from are only available via hard copy. The United States Department of Energy 12 p.m. to 5 p.m. (EDT). telephone number for the ORD Docket Western Area Power Administration Attendees must register by October Center is (202) 566–1752. FOR FURTHER INFORMATION CONTACT: The Colorado River Storage Project 27, 2020. Designated Federal Officer (DFO), Tom Management Center Colorado River 2. A BOSC deliberation will be held Tracy, via phone/voicemail at: (202) Storage Project on November 13, 2020 from 11 a.m. to 2 p.m. (EDT). Attendees must register by 564–6518; or via email at: tracy.tom@ Sale of Surplus Products (Approved November 12, 2020. epa.gov. Under Rate Order No. WAPA–190) 3. A final summary teleconference Any member of the public interested Effective: will be held on December 2, 2020 from in receiving a draft agenda, attending The first day of the first full billing 2 p.m. to 5 p.m. (EDT). Attendees must the meeting, or making a presentation at period beginning on or after October 1, register by December 1, 2020. the meeting should contact Tom Tracy 2020, and extending through September Meeting times are subject to change. no later than October 27, 2020. 30, 2025, or until superseded by another These series of meetings are open to the SUPPLEMENTARY INFORMATION: The Board rate schedule, whichever occurs earlier. public. Comments must be received by of Scientific Counselors (BOSC) is a Applicable: October 27, 2020, to be considered by federal advisory committee that This Rate Schedule applies to the sale the subcommittee. Requests for the draft provides advice and recommendations of the following Salt Lake City Area agenda or making a presentation at the to EPA’s Office of Research and Integrated Projects (SLCA/IP) surplus meeting will be accepted until October Development on technical and energy and capacity products: energy, 27, 2020. management issues of its research frequency response, regulation, and ADDRESSES: Instructions on how to programs. The meeting agenda and reserves. If any of the above SLCA/IP connect to the videoconference will be materials will be posted to https:// surplus products are available, SLCA/IP provided upon registration at https:// www.epa.gov/bosc. can make the product(s) available for www.eventbrite.com/e/us-epa-bosc-safe- Proposed agenda items for the sale, providing entities enter into and-sustainable-water-resources- meeting include, but are not limited to, separate agreement(s) with CRSP subcommittee-meeting-tickets- the following: Watersheds and Progress Marketing which will specify the terms 113549724282. of StRAP Implementation. of the sale(s). Submit your comments to Docket ID Information on Services Available: Formula Rate: No. EPA–HQ–ORD–2015–0467 by one For information on translation services, The charge for each product will be of the following methods: access, or services for individuals with determined at the time of the sale based • www.regulations.gov: Follow the disabilities, please contact Tom Tracy at on market rates, plus administrative online instructions for submitting (202) 564–6518 or [email protected]. costs. The customer will be responsible comments. To request accommodation of a for acquiring transmission service D Note: Comments submitted to the disability, please contact Tom Tracy at necessary to deliver the product(s), for www.regulations.gov website are least ten days prior to the meeting to

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give the EPA adequate time to process FEDERAL COMMUNICATIONS Title: Section 68.110 (c), Availability your request. COMMISSION of Inside Wiring Information. Authority: Pub. L. 92–463, 1, Oct. 6, 1972, Form Number: N/A. 86 Stat. 770. [OMB 3060–0790; FRS 17014] Type of Review: Extension of a currently approved collection. Mary Ross, Information Collection Being Reviewed Director, Office of Science Advisor, Policy, by the Federal Communications Respondents: Business or other for- and Engagement. Commission Under Delegated profit. [FR Doc. 2020–18516 Filed 8–21–20; 8:45 am] Authority Number of Respondents and BILLING CODE 6560–50–P Responses: 200 respondents; 1,200 AGENCY: Federal Communications responses. Commission. Estimated Time per Response: 1 hour. ACTION: Notice and request for Frequency of Response: EQUAL EMPLOYMENT OPPORTUNITY comments. Recordkeeping requirement and third COMMMISSION SUMMARY: As part of its continuing effort party disclosure requirement. Sunshine Act Notice to reduce paperwork burdens, and as Obligation to Respond: Mandatory. required by the Paperwork Reduction Providers of wireline TIME AND DATE: Thursday, August 27, Act (PRA) of 1995, the Federal telecommunications services that 2020, 1:00 p.m. Eastern Time Communications Commission (FCC or willfully or repeatedly fail to comply PLACE: Because of the COVID–19 the Commission) invites the general with this rule are subject to forfeitures pandemic, the meeting will be held as public and other Federal agencies to under 47 CFR 1.80. Statutory authority an audio-only conference. take this opportunity to comment on the for this collection of information is following information collection. contained in 47 U.S.C. 151, 154, 201– STATUS: The meeting will be closed to Comments are requested concerning: 205, 218, 220 and 405 of the the public. Whether the proposed collection of Communications Act of 1934, as MATTERS TO BE CONSIDERED: The information is necessary for the proper amended. following item will be considered at the performance of the functions of the Total Annual Burden: 1,200 hours. meeting: Commission, including whether the Total Annual Cost: $5,000. Formal Opinion Letter Discussing the information shall have practical utility; Commission’s Authority under Section Privacy Act Impact Assessment: No the accuracy of the Commission’s Impact(s). 707 of the Civil Rights Act of 1964 burden estimate; ways to enhance the Nature and Extent of Confidentiality: Closed Session quality, utility, and clarity of the information collected; ways to minimize The Commission is not requesting that The Legal Counsel has certified that, the burden of the collection of respondents submit any confidential in his opinion, the Commission meeting information on the respondents, trade secrets or proprietary information scheduled for August 27, 2020 at 1 p.m. including the use of automated to the FCC. (and portions of any subsequent meeting collection techniques or other forms of Needs and Uses: Section 68.110(c) within the following 30 days to which information technology; and ways to requires that any available technical those same matters may be carried over) further reduce the information information concerning carrier-installed concerning a Formal Opinion Letter collection burden on small business wiring on the customer’s side of the discussing the Commission’s authority concerns with fewer than 25 employees. demarcation point, including copies of under section 707 of the Civil Rights Act The FCC may not conduct or sponsor a existing schematic diagrams and service of 1964 may properly be closed under collection of information unless it records, shall be provided by the the 10th exemption to the Government displays a currently valid control telephone company upon request of the in the Sunshine Act, 5 U.S.C. number. No person shall be subject to building owner or agent thereof. The 552b(c)(10), and Commission regulation any penalty for failing to comply with provider of wireline at 29 CFR 1612.4(j). a collection of information subject to the telecommunications services may NOTE: (In addition to publishing PRA that does not display a valid Office charge the building owner a reasonable notices on EEOC Commission meetings of Management and Budget (OMB) fee for this service, which shall not in the Federal Register, the Commission control number. exceed the cost involved in locating and also provides information about DATES: Written PRA comments should copying the documents. In the Commission meetings on its website, be submitted on or before October 23, alternative, the provider may make www.eeoc.gov., and provides a recorded 2020. If you anticipate that you will be these documents available for review announcement a week in advance on submitting comments, but find it and copying by the building owner or future Commission sessions.) difficult to do so within the period of his agent. In this case, the wireline Please telephone (202) 663–7100 time allowed by this notice, you should telecommunications carrier may charge (voice) or email advise the contact listed below as soon a reasonable fee, which shall not exceed [email protected] as possible. the cost involved in making the at any time for information on this documents available, and may also meeting. ADDRESSES: Direct all PRA comments to require the building owner or his agent Nicole Ongele, FCC, via email PRA@ to pay a deposit to guarantee the CONTACT PERSON FOR MORE INFORMATION: fcc.gov and to [email protected]. Bernadette B. Wilson, Executive Officer documents’ return. The information is on (202) 663–4077. FOR FURTHER INFORMATION CONTACT: For needed so that building owners may additional information about the choose to contract with an installer of Bernadette B. Wilson, information collection, contact Nicole their choice on inside wiring Executive Officer, Executive Secretariat. Ongele at (202) 418–2991. maintenance and installation services to [FR Doc. 2020–18667 Filed 8–20–20; 4:15 pm] SUPPLEMENTARY INFORMATION: modify existing wiring or assist with the BILLING CODE 6570–01–P OMB Control Number: 3060–0790. installation of additional inside wiring.

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Federal Communications Commission. network monitoring tools and security CATEGORIES OF RECORDS IN THE SYSTEM: Cecilia Sigmund, tools to protect the Agency’s networks, Records in this system include: First Federal Register Liaison Officer, Office of the systems, and data. The records and last name, telephone number, Secretary. contained in this system are used to username, email address, media access [FR Doc. 2020–18474 Filed 8–21–20; 8:45 am] investigate and prevent potential control (MAC) address, internet protocol BILLING CODE 6712–01–P intrusions into FRTIB network (IP) address, and network traffic data, boundaries, to investigate and prevent and logs. Because network monitoring misuse of information within FRTIB’s tools and security tools are used to FEDERAL RETIREMENT THRIFT network boundaries, and to investigate analyze email and network traffic and to INVESTMENT BOARD and prevent the compromise or misuse monitor user activity on FRTIB’s of FRTIB information. This system of network, these tools can capture a Privacy Act of 1974; System of records is required to protect FRTIB variety of data types including but not Records information from unauthorized access, limited to: Name; social security use, modification, disclosure, or number; TSP account number; date of AGENCY: Federal Retirement Thrift destruction and to comply with the birth; address; email address; and Investment Board (FRTIB). requirements of the Federal Information financial information. ACTION: Notice of a New System of Security Modernization Act (FISMA). Records. FRTIB proposes to apply thirteen RECORD SOURCE CATEGORIES: routine uses to FRTIB–22. Records are provided by the Agency’s SUMMARY: Pursuant to the Privacy Act of network monitoring tools and the 1974, the Federal Retirement Thrift Megan Grumbine, Agency’s security tools. The network Investment Board (FRTIB) proposes to General Counsel and Senior Agency Official monitoring tools inspect incoming and establish a new system of records. for Privacy. outgoing network traffic and include the Records contained in this system will be SYSTEM NAME AND NUMBER: Agency’s data loss prevention (DLP) used to investigate and prevent capabilities. The security tools analyze potential intrusions into FRTIB network FRTIB–22, Cybersecurity Investigation Records. user activity within the FRTIB network boundaries, to investigate and prevent and include the Agency’s security misuse of information within FRTIB’s SECURITY CLASSIFICATION: information and event management tool. network boundaries, and to investigate Unclassified. and prevent the compromise or misuse ROUTINE USES OF RECORDS MAINTAINED IN THE of FRTIB information. SYSTEM LOCATION: SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: DATES: This system will become Records are located at the Federal effective upon its publication in today’s Retirement Thrift Investment Board, 77 Information about covered Federal Register, with the exception of K Street NE, Suite 1000, Washington, individuals may be disclosed without the routine uses which will be effective DC 20002. Records may also be kept at consent as permitted by the Privacy Act on September 23, 2020. FRTIB invites an additional location for Business of 1974, as amended, 5 U.S.C. 552a(b); written comments on the routine uses Continuity purposes. and: 1. Routine Use—Audit: A record from and other aspects of this system of SYSTEM MANAGER: this system of records may be disclosed records. Submit any comments by Chief Technology Officer, Federal to an agency, organization, or individual September 23, 2020. Retirement Thrift Investment Board, 77 for the purpose of performing an audit ADDRESSES: You may submit written K Street NE, Suite 1000, Washington, or oversight operations as authorized by comments to FRTIB by any one of the DC 20002, (202) 942–1600. law, but only such information as is following methods: necessary and relevant to such audit or • AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal eRulemaking Portal: oversight function when necessary to https://www.regulations.gov. Follow the 5 U.S.C. 8474; and 44 U.S.C. 3101. accomplish an agency function related website instructions for submitting PURPOSES OF THE SYSTEM: to this system of records. Individuals comments. provided information under this routine • Fax: (202) 942–1676. The records in this system of records • are used to investigate and prevent use are subject to the same Privacy Act Mail or Hand Delivery: Office of requirements and limitations on General Counsel, Federal Retirement potential intrusions into FRTIB network boundaries, to investigate and prevent disclosure as are applicable to FRTIB Thrift Investment Board, 77 K Street NE, officers and employees. Suite 1000, Washington, DC 20002. misuse of information within FRTIB’s network boundaries, and to investigate 2. Routine Use—Breach Mitigation FOR FURTHER INFORMATION CONTACT: and Notification: Response to Breach of Megan Grumbine, Senior Agency and prevent the compromise or misuse of FRTIB information. FRTIB Records: A record from this Official for Privacy, Federal Retirement system of records may be disclosed to Thrift Investment Board, Office of CATEGORIES OF INDIVIDUALS COVERED BY THE appropriate agencies, entities, and General Counsel, 77 K Street NE, Suite SYSTEM: persons when (1) FRTIB suspects or has 1000, Washington, DC 20002, (202) 942– This system of records contains confirmed that there has been a breach 1600. For access to any of the FRTIB’s information on Thrift Savings Plan of the system of records; (2) FRTIB has system of records, contact Amanda (TSP) participants and beneficiaries, determined that as a result of the Haas, FOIA Officer, Office of General FRTIB employees, FRTIB contractors, suspected or confirmed breach there is Counsel, at the above address and and any third party individuals with a risk of harm to individuals, FRTIB phone number. access to FRTIB systems, networks, (including its information systems, SUPPLEMENTARY INFORMATION: FRTIB computers, or data, or those have been programs, and operations), the Federal proposes to establish a new system of alleged to have accessed or attempted to Government, or national security; and records entitled, ‘‘FRTIB–22, access FRTIB systems, networks, (3) the disclosure made to such Cybersecurity Investigation Records.’’ computers, or data without agencies, entities, and persons is The Agency employs a variety of authorization. reasonably necessary to assist in

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connection with FRTIB’s efforts to of records may be disclosed to a Federal, Government agencies pursuant to the respond to the suspected or confirmed state, tribal, local, or foreign government Federal Records Act. breach or to prevent, minimize, or agency or organization, or international 13. Routine Use—Security Threat: A remedy such harm. organization, lawfully engaged in record from this system of records may 3. Routine Use—Response to Breach collecting law enforcement intelligence be disclosed to Federal and foreign of Other Records: A record from this information, whether civil or criminal, government intelligence or system of records may be disclosed to or charged with investigating, counterterrorism agencies when FRTIB another Federal agency or Federal prosecuting, enforcing or implementing reasonably believes there to be a threat entity, when FRTIB determines that civil or criminal laws, related rules, or potential threat to national or information from this system of records regulations or orders, to enable these international security for which the is reasonably necessary to assist the entities to carry out their law information may be useful in countering recipient agency or entity in (1) enforcement responsibilities, including the threat or potential threat, when responding to a suspected or confirmed the collection of law enforcement FRTIB reasonably believes such use is to breach or (2) preventing, minimizing, or intelligence. assist in anti-terrorism efforts, and remedying the risk of harm to 9. Routine Use—Law Enforcement disclosure is appropriate to the proper individuals, the recipient agency or Referrals: A record from this system of performance of the official duties of the entity (including its information records may be disclosed to an person making the disclosure. systems, programs, and operations), the appropriate Federal, state, tribal, local, Federal Government, or national POLICIES AND PRACTICES FOR STORAGE OF international, or foreign agency or other RECORDS: security, resulting from a suspected or appropriate authority charged with Records are maintained in electronic confirmed breach. investigating or prosecuting a violation form, including on computer databases 4. Routine Use—Congressional or enforcing or implementing a law, and cloud-based services, all of which Inquiries: A record from this system of rule, regulation, or order, where a are securely stored. records may be disclosed to a record, either on its face or in Congressional office from the record of conjunction with other information, POLICIES AND PRACTICES FOR RETRIEVAL OF an individual in response to an inquiry indicates a violation or potential RECORDS: from that Congressional office made at violation of law, which includes the request of the individual to whom Records are retrieved by name, email criminal, civil, or regulatory violations the record pertains. address, log identification number, and such disclosure is proper and 5. Routine Use—Contractors, et al.: A internet protocol (IP) address, media record from this system of records may consistent with the official duties of the access control (MAC) address, or FRTIB be disclosed to contractors, grantees, person making the disclosure. username. experts, consultants, the agents thereof, 10. Routine Use—Litigation, DOJ or Outside Counsel: A record from this POLICIES AND PRACTICES FOR RETENTION AND and others performing or working on a DISPOSAL OF RECORDS: contract, service, grant, cooperative system of records may be disclosed to the Department of Justice, FRTIB’s These records are maintained in agreement, or other assignment for accordance with General Records FRTIB, when necessary to accomplish outside counsel, other Federal agency conducting litigation or in proceedings Schedule 3.1 (General Technology an agency function related to this Management Records), items 11 or 20 or system of records. Individuals provided before any court, adjudicative or administrative body, when: (1) FRTIB, GRS 3.2 (Information System Security information under this routine use are Records) item 10, 30, and 31 issued by subject to the same Privacy Act or (2) any employee of FRTIB in his or her official capacity, or (3) any the National Archives and Records requirements and limitations on Administration (NARA). disclosure as are applicable to FRTIB employee of FRTIB in his or her officers and employees. individual capacity where DOJ or FRTIB ADMINISTRATIVE, TECHNICAL, AND PHYSICAL 6. Routine Use—Investigations, Third has agreed to represent the employee, or SAFEGUARDS: Parties: A record from this system of (4) the United States or any agency FRTIB has adopted appropriate records may be disclosed to third parties thereof, is a party to the litigation or has administrative, technical, and physical during the course of a law enforcement an interest in such litigation, and FRTIB controls in accordance with FRTIB’s investigation to the extent necessary to determines that the records are both security program to protect the security, obtain information pertinent to the relevant and necessary to the litigation confidentiality, availability, and investigation, provided disclosure is and the use of such records is integrity of the information, and to appropriate to the proper performance compatible with the purpose for which ensure that records are not disclosed to of the official duties of the third party FRTIB collected the records. or accessed by unauthorized officer making the disclosure. 11. Routine Use—Litigation, individuals. Electronic records are 7. Routine Use—Investigations, Other Opposing Counsel: A record from this stored on computer systems and Agencies: A record from this system of system of records may be disclosed to a protected by role-based access to users records may be disclosed to appropriate court, magistrate, or administrative with passwords set by authorized users Federal, state, local, tribal, or foreign tribunal in the course of presenting that must be changed periodically. government agencies or multilateral evidence, including disclosures to governmental organizations for the opposing counsel or witnesses in the RECORD ACCESS PROCEDURES: purpose of investigating or prosecuting course of civil discovery, litigation, or Individuals seeking to access records the violations of, or for enforcing or settlement negotiations or in connection within this system must submit a implementing, a statute, rule, with criminal law proceedings or in request pursuant to 5 CFR part 1630. regulation, order, license, or treaty response to a subpoena. Attorneys or other persons acting on where FRTIB determines that the 12. Routine Use—NARA/Records behalf of an individual must provide information would assist in the Management: A record from this system written authorization from that enforcement of civil or criminal laws. of records may be disclosed to the individual, such as Power of Attorney, 8. Routine Use—Law Enforcement National Archives and Records in order for the representative to act on Intelligence: A record from this system Administration (NARA) or other Federal their behalf.

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CONTESTING RECORDS PROCEDURES: telephone 202–208–0291, or DEPARTMENT OF HEALTH AND See Record Access Procedures above. [email protected]. HUMAN SERVICES SUPPLEMENTARY INFORMATION: NOTIFICATION PROCEDURES: Centers for Medicare & Medicaid See Record Access Procedures above. A. Purpose Services EXEMPTIONS PROMULGATED FOR THE SYSTEM: OPO wants to place an online intake [CMS–7059–N] None. Instrument on the GSA Ombudsman’s web page for receiving inquiries from Announcement of the Advisory Panel HISTORY: vendors who are currently doing on Outreach and Education (APOE) None. business with, or interested in doing September 23, 2020 Virtual Meeting [FR Doc. 2020–18271 Filed 8–21–20; 8:45 am] business with GSA. The inquiries will BILLING CODE 6760–01–P AGENCY: Centers for Medicare & be collected by the GSA Ombudsman Medicaid Services (CMS), HHS. and routed to the appropriate office for resolution and/or implementation in the ACTION: Notice. GENERAL SERVICES case of recommendations for process or ADMINISTRATION SUMMARY: This notice announces the program improvements. Reporting of the next meeting of the APOE (the Panel) in [OMB Control No. 3090–0315; Docket No. data collected will help highlight accordance with the Federal Advisory 2020–0001; Sequence No. 6] thematic issues that vendors encounter Committee Act. The Panel advises and with GSA acquisition programs, makes recommendations to the Information Collection; Ombudsman processes or policies, and identify areas Secretary of the U.S. Department of Inquiry/Request Instrument where training is needed. The Health and Human Services (HHS) and information collected will also assist in AGENCY: Office of Acquisition Policy, the Administrator of the Centers for identifying and analyzing patterns and Office of the Procurement Ombudsman Medicare & Medicaid Services (CMS) on trends to help improve efficiencies and (OPO), General Services Administration opportunities to enhance the lead to improvements in current (GSA). effectiveness of consumer education practices. ACTION: strategies concerning the Health Notice and request for ® comments. B. Annual Reporting Burden Insurance Marketplace , Medicare, Medicaid, and the Children’s Health SUMMARY: Under the provisions of the Maximum Potential Respondents: Insurance Program (CHIP). This meeting Paperwork Reduction Act, the 118. is open to the public. Regulatory Secretariat Division will be Responses per Respondent: 1. DATES: submitting to the OMB a request to Total Maximum Potential Annual Meeting Date: Wednesday, September review and approve a renewal to an Responses: 118. 23, 2020 from 12:00 p.m. to 5:00 p.m. existing information collection Hours per Response: .25. eastern daylight time (e.d.t). requirement regarding OMB Control No: Total Burden Hours: 29.5. Deadline for Meeting Registration, 3090–0315; Ombudsman Inquiry/ Presentations, Special Accommodations Request Instrument. C. Public Comments and Comments: Wednesday, September DATES: Submit comments on or before Public comments are particularly 9, 2020, 5:00 p.m. (e.d.t). October 23, 2020. invited on: Whether this collection of ADDRESSES: ADDRESSES: Submit comments regarding information is necessary, whether it will Meeting Location: Virtual. All those this collection through http:// have practical utility; whether our who RSVP will receive the link to www.regulations.gov and follow the estimate of the public burden of this attend. instructions on the site. This website collection of information is accurate, Presentations and Written Comments: provides the ability to type short and based on valid assumptions and Presentations and written comments comments directly into the comment methodology; ways to enhance the should be submitted to: Lisa Carr, field or attach a file for lengthier quality, utility, and clarity of the Designated Federal Official (DFO), comments. If there are difficulties information to be collected; and ways in Office of Communications, Centers for submitting comments, contact the GSA which we can minimize the burden of Medicare & Medicaid Services, 200 Regulatory Secretariat Division at 202– the collection of information on those Independence Avenue SW, Mailstop 501–4755 or [email protected]. who are to respond, through the use of 325G HHH, Washington, DC 20201, Instructions: Please submit comments appropriate technological collection 202–690–5742, or via email at APOE@ only and cite Information Collection techniques or other forms of information cms.hhs.gov. 3090–315; Ombudsman Inquiry/Request technology. Registration: The meeting is open to Instrument, in all correspondence Obtaining Copies: Requesters may the public, but attendance is limited to related to this collection. Comments obtain a copy of the information the space available. Persons wishing to received generally will be posted collection documents from the GSA attend this meeting must register at the without change to http:// Regulatory Secretariat Division by website https://www.eventbrite.com/e/ www.regulations.gov, including any calling 202–501–4755 or emailing apoe-september-23-2020-virtual- personal and/or business confidential [email protected]. Please cite OMB meeting-tickets-114295017474 or by information provided. To confirm Control No. 3090–0315, Ombudsman contacting the DFO listed in the FOR receipt of your comment(s), please Inquiry/Request Instrument, in all FURTHER INFORMATION CONTACT section of check www.regulations.gov, correspondence. this notice, by the date listed in the approximately two-to-three days after DATES section of this notice. Individuals submission to verify posting. Beth Anne Killoran, requiring sign language interpretation or FOR FURTHER INFORMATION CONTACT: Deputy Chief Information Officer. other special accommodations should Maria Swaby, GSA Procurement [FR Doc. 2020–18494 Filed 8–21–20; 8:45 am] contact the DFO at the address listed in Ombudsman & Industry Liaison, at BILLING CODE 6820–61–P the ADDRESSES section of this notice by

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the date listed in the DATES section of broad range of public-private charter was most recently renewed on this notice. partnerships. January 19, 2019, and will terminate on FOR FURTHER INFORMATION CONTACT: Lisa In addition, Title I of the MMA January 19, 2021 unless renewed by Carr, Designated Federal Official, Office authorized the Secretary and the appropriate action. Administrator of CMS (by delegation) to of Communications, 200 Independence B. Charter Renewal Avenue SW, Mailstop 325G HHH, establish the Medicare prescription drug In accordance with the January 19, Washington, DC 20201, 202–690–5742, benefit. The drug benefit allows 2019, charter, the APOE will advise the or via email at [email protected]. beneficiaries to obtain qualified HHS and CMS on developing and Additional information about the prescription drug coverage. In order to implementing education programs that APOE is available at: https:// effectively administer the MA program support individuals who are enrolled in www.cms.gov/Regulations-and- and the Medicare prescription drug or eligible for Medicare, Medicaid, Guidance/Guidance/FACA/APOE. Press benefit, we have substantial CHIP, or coverage available through the inquiries are handled through the CMS responsibilities to provide information Health Insurance Marketplace® and Press Office at (202) 690–6145. to Medicare beneficiaries about the range of health plan options and other CMS programs. The scope of this SUPPLEMENTARY INFORMATION: benefits available, and to develop better Federal Advisory Committee Act I. Background and Charter Renewal tools to evaluate these plans and (FACA) group also includes advising on Information benefits. education of providers and stakeholders The Patient Protection and Affordable with respect to healthcare reform and A. Background Care Act (Pub. L. 111–148) and Health certain provisions of the HITECH Act The Advisory Panel for Outreach and Care and Education Reconciliation Act enacted as part of the ARRA. Education (APOE) (the Panel) is of 2010 (Pub. L. 111–152) (collectively The charter will terminate on January governed by the provisions of the referred to as the Affordable Care Act) 19, 2021, unless renewed by appropriate Federal Advisory Committee Act expanded the availability of other action. The APOE was chartered under (FACA) (Pub. L. 92–463), as amended (5 options for healthcare coverage and 42 U.S.C. 217a, section 222 of the Public U.S.C. Appendix 2), which sets forth enacted a number of changes to Health Service Act, as amended. The standards for the formation and use of Medicare as well as to Medicaid and APOE is governed by provisions of federal advisory committees. The Panel CHIP. Qualified individuals and Public Law 92–463, as amended (5 is authorized by section 1114(f) of the qualified employers are now able to U.S.C. Appendix 2), which sets forth Social Security Act (42 U.S.C. 1314(f)) purchase private health insurance standards for the formation and use of and section 222 of the Public Health coverage through a competitive advisory committees. Service Act (42 U.S.C. 217a). marketplace, called an Affordable In accordance with the renewed The Secretary of the U.S. Department Insurance Exchange (also called Health charter, the APOE will advise the of Health and Human Services (HHS) Insurance Marketplace®, or Secretary of Health and Human Services (the Secretary) signed the charter Marketplace® 2). In order to effectively and the CMS Administrator concerning implement and administer these optimal strategies for the following: establishing the Citizen’s Advisory • Panel on Medicare Education 1 (the changes, we must provide information Developing and implementing predecessor to the APOE) on January 21, to consumers, providers, and other education and outreach programs for 1999 (64 FR 7899) to advise and make stakeholders through education and individuals enrolled in, or eligible for, recommendations to the Secretary and outreach programs regarding how Medicare, Medicaid, the CHIP, and coverage available through the Health the Administrator of the Centers for existing programs will change and the ® Medicare & Medicaid Services (CMS) on expanded range of health coverage Insurance Marketplace and other CMS programs. the effective implementation of national options available, including private • Medicare education programs, including health insurance coverage through the Enhancing the federal government’s with respect to the Medicare+Choice Marketplace®. The APOE (the Panel) effectiveness in informing Medicare, Medicaid, CHIP, or the Health Insurance (M+C) program added by the Balanced allows us to consider a broad range of ® Budget Act of 1997 (Pub. L. 105–33). views and information from interested Marketplace consumers, issuers, providers, and stakeholders, pursuant to The Medicare Prescription Drug, audiences in connection with this effort education and outreach programs of Improvement, and Modernization Act of and to identify opportunities to enhance issues regarding these programs, 2003 (MMA) (Pub. L. 108–173) the effectiveness of education strategies including the appropriate use of public- expanded the existing health plan concerning the Affordable Care Act. private partnerships to leverage the options and benefits available under the The scope of this Panel also includes resources of the private sector in M+C program and renamed it the advising on issues pertaining to the educating beneficiaries, providers, Medicare Advantage (MA) program. education of providers and stakeholders partners and stakeholders. CMS has had substantial responsibilities with respect to the Affordable Care Act • Expanding outreach to vulnerable to provide information to Medicare and certain provisions of the Health and underserved communities, beneficiaries about the range of health Information Technology for Economic including racial and ethnic minorities, plan options available and better tools and Clinical Health (HITECH) Act in the context of Medicare, Medicaid, to evaluate these options. The enacted as part of the American the CHIP and the Health Insurance successful MA program implementation Recovery and Reinvestment Act of 2009 Marketplace® education programs, and required CMS to consider the views and (ARRA) (Pub. L. 111–5). On January 21, 2011, the Panel’s other CMS programs as designated. policy input from a variety of private • Assembling and sharing an sector constituents and to develop a charter was renewed and the Panel was renamed the Advisory Panel for information base of ‘‘best practices’’ for Outreach and Education. The Panel’s helping consumers evaluate health 1 We note that the Citizen’s Advisory Panel on coverage options. Medicare Education is also referred to as the • Advisory Panel on Medicare Education (65 FR 2 Health Insurance Marketplace®SM and Building and leveraging existing 4617). The name was updated in the Second Marketplace®SM are service marks of the U.S. community infrastructures for Amended Charter approved on July 24, 2000. Department of Health & Human Services. information, counseling, and assistance.

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• Drawing the program link between • CMS programs, initiatives, and DEPARTMENT OF HEALTH AND outreach and education, promoting priorities HUMAN SERVICES consumer understanding of health care • An opportunity for public comment coverage choices, and facilitating • Meeting summary, review of Office of the Secretary consumer selection/enrollment, which recommendations, and next steps in turn support the overarching goal of Individuals or organizations that wish Third Amendment to Declaration Under improved access to quality care, to make a 5-minute oral presentation on the Public Readiness and Emergency including prevention services, an agenda topic should submit a written Preparedness Act for Medical envisioned under the Affordable Care copy of the oral presentation to the DFO Countermeasures Against COVID–19 Act. at the address listed in the ADDRESSES ACTION: Notice of amendment. The current members of the Panel as section of this notice by the date listed of February 28, 2020 are: E. Lorraine in the DATES section of this notice. The SUMMARY: The Secretary issues this Bell, Chief Officer, Population Health, number of oral presentations may be amendment pursuant to section 319F–3 Catholic Charities USA; Nazleen limited by the time available. of the Public Health Service Act to add Bharmal, Medical Director of Individuals not wishing to make an oral additional categories of Qualified Community Partnerships, Cleveland presentation may submit written Persons and amend the category of Clinic; Angie Boddie, Director of Health comments to the DFO at the address disease, health condition, or threat for Programs, National Caucus and Center listed in the ADDRESSES section of this which he recommends the on Black Aging, Inc.; Julie Carter, Senior notice by the date listed in the DATES administration or use of the Covered Federal Policy Associate, Medicare section of this notice. Rights Center; Scott Ferguson, Director Countermeasures. of Care Transitions and Population III. Meeting Participation DATES: This amendment to the Health, Mount Sinai St. Luke’s Hospital; The meeting is open to the public, but Declaration published on March 17, Leslie Fried, Senior Director, Center for attendance is limited to registered 2020 (85 FR 15198) is effective as of Benefits Access, National Council on participants. Persons wishing to attend August 24, 2020. Aging; David Goldberg, President and this meeting must register at the website FOR FURTHER INFORMATION CONTACT: CEO of Mon Health System; Jean- https://www.eventbrite.com/e/apoe- Robert P. Kadlec, MD, MTM&H, MS, Venable Robertson Goode, Professor, september-23-2020-virtual-meeting- Assistant Secretary for Preparedness Department of Pharmacotherapy and tickets-114295017474 or contact the and Response, Office of the Secretary, Outcomes Science, School of Pharmacy, DFO at the address or number listed in Department of Health and Human Virginia Commonwealth University; the FOR FURTHER INFORMATION CONTACT Services, 200 Independence Avenue Ted Henson, Director of Health Center section of this notice by the date SW, Washington, DC 20201; Telephone: Performance and Innovation, National specified in the DATES section of this 202–205–2882. Association of Community Health notice. This meeting will be held SUPPLEMENTARY INFORMATION: The Centers; Joan Ilardo, Director of virtually. Individuals who are not Research Initiatives, Michigan State Public Readiness and Emergency registered in advance will be unable to Preparedness Act (PREP Act) authorizes University, College of Human Medicine; attend the meeting. Cheri Lattimer, Executive Director, the Secretary of Health and Human National Transitions of Care Coalition; IV. Collection of Information Services (the Secretary) to issue a Declaration to provide liability Cori McMahon, Vice President, This document does not impose Tridiuum; Alan Meade, Director of immunity to certain individuals and information collection requirements, entities (Covered Persons) against any Rehab Services, Holston Medical group; that is, reporting, recordkeeping, or Michael Minor, National Director, claim of loss caused by, arising out of, third-party disclosure requirements. relating to, or resulting from the H.O.P.E. HHS Partnership, National Consequently, there is no need for Baptist Convention USA, Incorporated; manufacture, distribution, review by the Office of Management and administration, or use of medical Jina Ragland, Associate State Director of Budget under the authority of the Advocacy and Outreach, AARP countermeasures (Covered Paperwork Reduction Act of 1995 (44 Countermeasures), except for claims Nebraska; Morgan Reed, Executive U.S.C. Chapter 35). Director, Association for Competitive involving ‘‘willful misconduct’’ as The Administrator of the Centers for defined in the PREP Act. Under the Technology; Margot Savoy, Chair, Medicare & Medicaid Services (CMS), Department of Family and Community PREP Act, a Declaration may be Seema Verma, having reviewed and amended as circumstances warrant. Medicine, Temple University approved this document, authorizes Physicians; Congresswoman Allyson The PREP Act was enacted on Lynette Wilson, who is the Federal December 30, 2005, as Public Law 109– Schwartz, President and CEO, Better Register Liaison, to electronically sign Medicare Alliance; and; Tia Whitaker, 148, Division C, § 2. It amended the this document for purposes of Public Health Service (PHS) Act, adding Statewide Director, Outreach and publication in the Federal Register. Enrollment, Pennsylvania Association section 319F–3, which addresses of Community Health Centers. Authority: Sec. 1114(f) of the Social liability immunity, and section 319F–4, Security Act (42 U.S.C. 1314(f)), sec. 222 of which creates a compensation program. II. Provisions of This Notice the Public Health Service Act (42 U.S.C. These sections are codified at 42 U.S.C. In accordance with section 10(a) of 217a), and sec. 10(a) of Pub. L. 92–463 (5 247d–6d and 42 U.S.C. 247d–6e, the FACA, this notice announces a U.S.C. App. 2, sec. 10(a) and 41 CFR part 102–3). respectively. Section 319F–3 of the PHS meeting of the APOE. The agenda for Act has been amended by the Pandemic the September 23, 2020 meeting will Dated: August 17, 2020. and All-Hazards Preparedness include the following: Lynette Wilson, Reauthorization Act (PAHPRA), Public • Welcome and listening session with Federal Register Liaison, Department of Law 113–5, enacted on March 13, 2013 CMS leadership Health and Human Services. and the Coronavirus Aid, Relief, and • Recap of the previous (June 25, 2020) [FR Doc. 2020–18535 Filed 8–21–20; 8:45 am] Economic Security (CARES) Act, Public meeting BILLING CODE 4120–01–P Law 116–136, enacted on March 27,

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2020, to expand Covered Description of This Amendment by might contribute to the declines Countermeasures under the PREP Act. Section observed.’’ 5 On January 31, 2020, the Secretary Section V. Covered Persons On July 10, 2020, CDC reported its declared a public health emergency findings of a May survey it conducted Under the PREP Act and the to assess the capacity of pediatric health pursuant to section 319 of the PHS Act, Declaration, a ‘‘qualified person’’ is a 42 U.S.C. 247d, effective January 27, care practices to provide immunization ‘‘covered person.’’ Subject to certain services to children during the COVID– 2020, for the entire United States to aid limitations, a covered person is immune 19 pandemic. The survey, which was in the response of the nation’s health from suit and liability under Federal limited to practices participating in the care community to the COVID–19 and State law with respect to all claims Vaccines for Children program, found outbreak. Pursuant to section 319 of the for loss caused by, arising out of, that, as of mid-May, 15 percent of PHS Act, the Secretary renewed that relating to, or resulting from the Northeast pediatric practices were declaration on April 26, 2020, and July administration or use of a covered closed, 12.5 percent of Midwest 25, 2020. On March 10, 2020, the countermeasure if a declaration under practices were closed, 6.2 percent of Secretary issued a Declaration under the subsection (b) has been issued with practices in the South were closed, and PREP Act for medical countermeasures respect to such countermeasure. 10 percent of practices in the West were against COVID–19 (85 FR 15198, Mar. ‘‘Qualified person’’ includes closed. Most practices had reduced 17, 2020) (the Declaration). On April 10, (A) a licensed health professional or other office hours for in-person visits. When the Secretary amended the Declaration individual who is authorized to prescribe, asked whether their practices would under the PREP Act to extend liability administer, or dispense such likely be able to accommodate new immunity to covered countermeasures countermeasures under the law of the State patients for immunization services in which the countermeasure was prescribed, authorized under the CARES Act (85 FR administered, or dispensed; or through August, 418 practices (21.3 21012, Apr. 15, 2020). On June 4, the (B) ‘‘a person within a category of persons percent) either responded that this was Secretary amended the Declaration to so identified in a declaration by the not likely or the practice was clarify that covered countermeasures Secretary’’ under subsection (b) of the PREP permanently closed or not resuming under the Declaration include qualified Act. immunization services for all patients, countermeasures that limit the harm 42 U.S.C. 247d–6d(i)(8).2 and 380 (19.6 percent) responded that COVID–19 might otherwise cause. By this amendment to the Declaration, they were unsure. Urban practices and the Secretary identifies an additional those in the Northeast were less likely The Secretary now amends section V category of persons who are qualified to be able to accommodate new patients of the Declaration to identify as persons under section 247d–6d(i)(8)(B).3 compared with rural practices and those qualified persons covered under the On May 8, 2020, CDC reported, ‘‘The in the South, Midwest, or West.6 PREP Act, and thus authorizes, certain identified declines in routine pediatric In response to these troubling State-licensed pharmacists to order and vaccine ordering and doses developments, CDC and the American administer, and pharmacy interns (who administered might indicate that U.S. Academy of Pediatrics have stressed, are licensed or registered by their State children and their communities face ‘‘Well-child visits and vaccinations are board of pharmacy and acting under the increased risks for outbreaks of vaccine- essential services and help make sure supervision of a State-licensed preventable diseases,’’ and suggested children are protected.’’ 7 pharmacist) to administer, any vaccine that a decrease in rates of routine The Secretary re-emphasizes that that the Advisory Committee on childhood vaccinations were due to important recommendation to parents Immunization Practices (ACIP) changes in healthcare access, social and legal guardians here: If your child recommends to persons ages three distancing, and other COVID–19 is due for a well-child visit, contact your through 18 according to ACIP’s standard mitigation strategies.4 The report also pediatrician’s or other primary-care immunization schedule (ACIP- stated that ‘‘[p]arental concerns about provider’s office and ask about ways recommended vaccines).1 potentially exposing their children to that the office safely offers well-child COVID–19 during well child visits The Secretary also amends section visits and vaccinations. Many medical offices are taking extra VIII of the Declaration to clarify that the 2 See Advisory Opinion on the Public Readiness category of disease, health condition, or steps to make sure that well-child visits and Emergency Preparedness Act and the March 10, can occur safely during the COVID–19 threat for which he recommends the 2020 Declaration under the Act, 5–6 (May 19, 2020), pandemic, including: administration or use of the Covered https://www.hhs.gov/sites/default/files/prep-act- advisory-opinion-hhs-ogc.pdf (last visited Aug. 5, • Scheduling sick visits and well- Countermeasures includes not only 2020). child visits during different times of the COVID–19 caused by SARS–CoV–2 or a 3 See Advisory Opinion 20–02 on the Public virus mutating therefrom, but also other Readiness and Emergency Preparedness Act and the 5 diseases, health conditions, or threats Secretary’s Declaration under the Act, 3–5 (May 19, Jeanne M. Santoli et al., Effects of the COVID– 2020), https://www.hhs.gov/sites/default/files/ 19 Pandemic on Routine Pediatric Vaccine that may have been caused by COVID– advisory-opinion-20-02-hhs-ogc-prep-act.pdf Ordering and Administration—United States, 2020, 19, SARS–CoV–2, or a virus mutating (setting forth PREP Act’s legal framework for 69 MMWR 591, 592 (2020), https://www.cdc.gov/ therefrom, including the decrease in the identifying a ‘‘qualified person’’ and preemption of mmwr/volumes/69/wr/pdfs/mm6919e2-H.pdf (last state law that is different from, or is in conflict with, visited July 15, 2020). rate of childhood immunizations, which that designation). 6 Tara M. Vogt, Provision of Pediatric will lead to an increase in the rate of 4 Jeanne M. Santoli et al., Effects of the COVID– Immunization Services During the COVID–19 infectious diseases. 19 Pandemic on Routine Pediatric Vaccine Pandemic: an Assessment of Capacity Among Ordering and Administration—United States, 2020, Pediatric Immunization Providers Participating in 69 MMWR 591, 592 (2020), https://www.cdc.gov/ the Vaccines for Children Program—United States, mmwr/volumes/69/wr/pdfs/mm6919e2-H.pdf. (last May 2020, 69 MMWR 859, 859–61, https:// 1 The only vaccines that ACIP has recommended visited July 15, 2020); see also Melissa Jenco, AAP www.cdc.gov/mmwr/volumes/69/wr/pdfs/ are authorized or approved by the Food and Drug urges vaccination as rates drop due to COVID–19, mm6927a2-H.pdf (last visited July 15, 2020). Administration (FDA). PREP Act coverage here is AAP News (May 8, 2020), https:// 7 Routine Vaccination During the COVID–19 limited to covered persons ordering and www.aappublications.org/news/2020/05/08/ Outbreak, CDC, https://www.cdc.gov/vaccines/ administering FDA-authorized or FDA-approved covid19vaccinations050820 (last visited July 15, parents/visit/vaccination-during-COVID-19.html vaccines. 2020). (last visited July 14, 2020).

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day or days of the week, or at different States permit pharmacists to administer pharmacy.14 Pharmacies often offer locations. vaccines to children depending on the extended hours and added convenience. • Asking patients to remain outside age—for example, 2, 3, 5, 6, 7, 9, 10, 11, What is more, pharmacists are trusted until it is time for their appointments to or 12 years of age and older.10 Few healthcare professionals with reduce the number of people in waiting States restrict pharmacist-administered established relationships with their rooms. vaccinations to only adults.11 Many patients. Pharmacists also have strong • Adhering to recommended social States also allow properly trained relationships with local medical (physical) distancing and other individuals under the supervision of a providers and hospitals to refer patients infection-control practices, such as the trained pharmacist to administer those as appropriate. use of masks. vaccines.12 For example, pharmacists already The decrease in childhood- Pharmacists are well positioned to play a significant role in annual vaccination rates is a public health increase access to vaccinations, influenza vaccination. In the early threat and a collateral harm caused by particularly in certain areas or for 2018–19 season, they administered the COVID–19. Together, the United States certain populations that have too few influenza vaccine to nearly a third of all must turn to available medical pediatricians and other primary-care adults who received the vaccine.15 professionals to limit the harm and providers, or that are otherwise Given the potential danger of serious public health threats that may result medically underserved.13 As of 2018, influenza and continuing COVID–19 from decreased immunization rates. We nearly 90 percent of Americans lived outbreaks this autumn and the impact must quickly do so to avoid preventable within five miles of a community that such concurrent outbreaks may infections in children, additional strains have on our population, our healthcare on our healthcare system, and any additional requirements. See, e.g., Cal. Bus. & Prof. system, and our whole-of-nation Code §§ 4052(a)(11), 4052.8 (permitting pharmacists response to the COVID–19 pandemic, further increase in avoidable adverse to administer any vaccine listed on the routine health consequences—particularly if immunization schedules recommended by the we must quickly expand access to such complications coincide with Advisory Committee on Immunization Practices to influenza vaccinations. Allowing more additional resurgence of COVID–19. persons three years of age and older, but requiring qualified pharmacists to administer the the pharmacist to administer immunizations to influenza vaccine to children will make Together with pediatricians and other persons under three years of age only pursuant to healthcare professionals, pharmacists a protocol with a prescriber); Colo. Code Regs. vaccinations more accessible. are positioned to expand access to § 719–1:19.00.00 (West 2020) (requiring that Therefore, the Secretary amends the childhood vaccinations. Many States pharmacists administer vaccines and Declaration to identify State-licensed immunizations ‘‘per authorization of a physician’’). pharmacists (and pharmacy interns already allow pharmacists to administer 10 See, e.g., Ariz. Rev. Stat. Ann. § 32–1974(B) acting under their supervision if the vaccines to children of any age.89 Other (2020); Ark. Code Ann. § 17–92–101 (2020); D.C. Mun. Reg Tit. 17 sec. 6512.10 (2012); Haw. Rev. pharmacy intern is licensed or 8 For purposes of this amendment, ‘‘State’’ shall Stat. § 461–11.4 (West 2019); 225 Ill. Comp. Stat. registered by his or her State board of have the same meaning ascribed to it in 42 U.S.C. Ann. 85/3(d) (West 2020); Kan. Stat. Ann. § 65– pharmacy) as qualified persons under 201(f). Under section 201(f), ‘‘State’’ includes the 1635a (2020); Ky. Rev. Stat. Ann. § 315.010(22) section 247d–6d(i)(8)(B) when the several States, the District of Columbia, Guam, the (West 2020); Me. Rev. Stat. Ann. tit. 32, § 13831 pharmacist orders and either the Commonwealth of Puerto Rico, the Northern (West 2020); Md. Code Ann., Health Occ. § 12–508 Mariana Islands, the Virgin Islands, American (2020); 247 Mass. Code Regs. 16.03 (2020); Minn. pharmacist or the supervised pharmacy Samoa, and the Trust Territory of the Pacific Stat. Ann. § 151.01 (West 2020); Mont. Code Ann. intern administers vaccines to Islands. § 37–7–105 (West 2019); N.J. Stat. Ann. § 45:14–63 individuals ages three through 18 9 See, e.g., Ala. Code § 34–23–1(5), (21) (2020); (West 2020); N.Y. Comp. Codes R. & Regs. tit. 8, pursuant to the following requirements: § 63.9 (2020); N.C. Gen. Stat. Ann. § 90–85.15B Ala. Admin. Code r. 680–X–2–.14(1) (2000); Alaska • The vaccine must be FDA- Stat. Ann. § 08.80.168(a) (West 2020); Cal. Bus. & (West 2020); N.D. Cent. Code Ann. § 43–15–01 (West 2020); Ohio Rev. Code Ann. § 4729.41 (West authorized or FDA-approved. Prof. Code § 4052(a)(11) (West 2020); Colo. Code • Regs. § 719–1:19.00.00 (West 2020); Ga. Code Ann. 2020); 63 Pa. Cons. Stat. § 390–9.2 (West 2020); P.R. The vaccination must be ordered § 43–34–26.1 (West 2020); Idaho Code Ann. § 54– Laws tit. 20, § 410c (2018); 5 R.I. Gen. Laws Ann. and administered according to ACIP’s 1704 (West 2020); Idaho Code Ann. § 37–201 (West § 5–19.1–31 (West 2020); W.Va. Code Ann. § 30–5– 16 7 (West 2020); Wyo Stat. Ann. § 33–24–157 (2020). standard immunization schedule. 2020); Ind. Code Ann. § 25–26–13–31.2(a) (West • The licensed pharmacist must 2020); Iowa Admin. Code § 657–39.10(6) (2020); La. 11 See, e.g., Conn. Gen. Stat. § 20–633(a) (West Admin. Code tit. 46, Pt. LIII, § 521 (2020); Mich. 2012); 24 Del. Code Ann. § 2502(23)(h) (West 2020); complete a practical training program of Comp. Laws Ann. § 333.9204 (2020); Miss. Code Fla. Stat. Ann. § 465.189(1) (West 2020); Vt. Admin. at least 20 hours that is approved by the Ann. § 73–21–73(a), (dd) (West 2000); MO 20 CSR R. of Board of Pharm. § 10.35 (West 2020). Accreditation Council for Pharmacy 2220–6.040; MO 20 CSR 2220–6.050; Neb. Rev. Stat. 12 See, e.g., Or. Admin. R. 855–019–0270 (2020) Education (ACPE). This training Ann. §§ 38–2806, 38–2837 (West 2000); 175 Neb. (‘‘[A]n intern who is appropriately trained and Admin. Code. § 8.003.01A(3)(m)(4)(a) (2020); N.H. qualified in accordance with Section (3) of this rule Rev. Stat. § 318:16–b (2020); Nev. Admin. Code may perform the same duties as a pharmacist, 14 Get to Know Your Pharmacist, CDC, https:// § 639.2971 (2020); N.M. Stat. Ann. § 61–11–2(A), provided that the intern is supervised by an www.cdc.gov/features/pharmacist-month/ (G), (CC) (West 2020); Okla. Stat. Ann. tit. 59, appropriately trained and qualified pharmacist.’’). index.html (last visited July 14, 2020). § 353.30 (West 2020); Or. Rev. Stat. § 689.645 (West 13 See, e.g., Guidance for Pharmacists and 15 Early-Season Flu Vaccination Coverage— 2020); https://www.oregon.gov/oha/PH/ Pharmacy Technicians in Community Pharmacies United States, November 2018, CDC, https:// PREVENTIONWELLNESS/VACCINES during the COVID–19 Response, CDC, https:// www.cdc.gov/flu/fluvaxview/nifs-estimates- IMMUNIZATION/IMMUNIZATIONPROVIDER www.cdc.gov/coronavirus/2019-ncov/hcp/ nov2018.htm (last visited July 14, 2020). RESOURCES/Pages/pharmacy.aspx#:∼:text= pharmacies.html (last updated June 28, 2020) (‘‘As 16 See Immunization Schedules: For Health Care Immunization%20Resources%20for%20Oregon a vital part of the healthcare system, pharmacies Providers, CDC, https://www.cdc.gov/vaccines/ %20Pharmacists,a%20patient%20of%20any play an important role in providing medicines, schedules/hcp/index.html (last visited July 14, %20age (last visited Aug. 13, 2020); S.C. Code Ann. therapeutics, vaccines, and critical health services 2020). The immunization schedule recommends § 40–43–190 (2020); S.D. Codified Laws § 36–11–2, to the public.’’); Kimberly McKeirnan & Gregory that certain vaccines be administered only to S.D. Codified Laws § 36–11–19.1; Tenn. Code Ann. Sarchet, Implementing Immunizing Pharmacy children of a certain age. For example, the second § 63–10–204(1), 39(A) (West 2020); Tex. Occ. Code Technicians in a Federal Healthcare Facility, 7 dose of both the measles, mumps, and rubella Ann. § 551.003(33) (2020); 22 Tex. Admin. Code Pharmacy 1, 7 (2019), https://www.mdpi.com/2226- vaccine, as well as the varicella vaccine, should not § 295.15(e) (2020); Utah Code Ann. § 58–17b– 4787/7/4/152/htm (last visited Aug. 5, 2020) (HHS be administered until a child is between four and 102(1), (57) (West 2020); Utah Admin. Code R156– Indian Health Service study demonstrating ‘‘the six years old. See Recommended Child and 17b–621(5) (2020); Va. Code Ann. § 54.1–3408(I) effective implementation of immunization-trained Adolescent Immunization Schedule for ages 18 (2020); Wash. Rev. Code Ann. § 18.64.011(1), (28) pharmacy technicians and the positive impact years or younger, United States, 2020, CDC (Jan. 29, (West 2020); Wis. Stat. Ann. § 450.035 (West 2020). utilization of pharmacy support personnel can 2020), https://www.cdc.gov/vaccines/schedules/ While these states allow pharmacists to administer create’’ on childhood vaccination rates in medically downloads/child/0-18yrs-child-combined- vaccines to children of any age, some impose underserved populations). schedule.pdf (last visited Aug. 5, 2020).

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program must include hands-on vaccination records prior to Moreover, as of 2018, 40% of three- injection technique, clinical evaluation administering a vaccine.21 year-olds were enrolled in preprimary of indications and contraindications of • The licensed pharmacist must programs (i.e. preschool or kindergarten vaccines, and the recognition and inform his or her childhood-vaccination programs).27 Preprimary programs are treatment of emergency reactions to patients and the adult caregivers beginning in the coming weeks or vaccines.17 accompanying the children of the months, so the Secretary has concluded • The licensed or registered importance of a well-child visit with a that it is particularly important for pharmacy intern must complete a pediatrician or other licensed primary- individuals ages three through 18 to care provider and refer patients as receive ACIP-recommended vaccines practical training program that is 22 approved by the ACPE. This training appropriate. according to ACIP’s standard These requirements are consistent program must include hands-on immunization schedule. All States with those in many States that permit injection technique, clinical evaluation require children to be vaccinated against licensed pharmacists to order and of indications and contraindications of certain communicable diseases as a administer vaccines to children and vaccines, and the recognition and condition of school attendance. These permit licensed or registered pharmacy treatment of emergency reactions to laws often apply to both public and interns acting under their supervision to vaccines.18 private schools with identical administer vaccines to children.23 • immunization and exemption The licensed pharmacist and Administering vaccinations to provisions.28 As nurseries, preschools, licensed or registered pharmacy intern children age three and older is less kindergartens, and schools reopen, must have a current certificate in basic complicated and requires less training increased access to childhood 19 cardiopulmonary resuscitation. and resources than administering vaccinations is essential to ensuring • The licensed pharmacist must vaccinations to younger children. That children can return. complete a minimum of two hours of is because ACIP generally recommends Notwithstanding any State or local ACPE-approved, immunization-related administering intramuscular injections scope-of-practice legal requirements, (1) continuing pharmacy education during in the deltoid muscle for individuals age qualified licensed pharmacists are each State licensing period.20 three and older.24 For individuals less identified as qualified persons to order than three years of age, ACIP generally • The licensed pharmacist must and administer ACIP-recommended recommends administering comply with recordkeeping and vaccines and (2) qualified State-licensed intramuscular injections in the reporting requirements of the or registered pharmacy interns are anterolateral aspect of the thigh jurisdiction in which he or she identified as qualified persons to muscle.25 Administering injections in administers vaccines, including administer the ACIP-recommended the thigh muscle often presents informing the patient’s primary-care vaccines ordered by their supervising additional complexities and requires 29 provider when available, submitting the qualified licensed pharmacist. additional training and resources Both the PREP Act and the June 4, required immunization information to including additional personnel to safely 2020 Second Amendment to the the State or local immunization position the child while another Declaration define ‘‘covered information system (vaccine registry), healthcare professional injects the countermeasures’’ to include qualified complying with requirements with vaccine.26 pandemic and epidemic products that respect to reporting adverse events, and ‘‘limit the harm such pandemic or complying with requirements whereby 21 Cf., e.g., Ala. Admin. Code. r. 680–X–2.14; epidemic might otherwise cause.’’ 30 the person administering a vaccine must Ariz. Admin. Code § R4–23–411(E); AR ADC The troubling decrease in ACIP- review the vaccine registry or other § 070.00.9–09–00–0002; Cal. Code Regs. tit. 16, § 1746.4; Conn. Gen. Stat. § 20–633(b); 225 Ill. recommended childhood vaccinations Comp. Stat. Ann. 85/3(d)(4); Kan. Stat. Ann. § 65– and the resulting increased risk of 17 Cf., e.g., Cal. Bus. & Prof. Code § 4052.8; 3 Colo. 1635a(a); Mont. Admin. R. 24.174.503; Nev. Rev. associated diseases, adverse health Code Regs. § 719–1:19.00.00; 856 Ind. Admin. Code Stat. Ann. § 454.213(s); N.H. Rev. Stat. § 318:16–d; 4–1–1; 46 La. Admin. Code tit. 46Part LIII, § 521; N.J. Stat. Ann. § 45:14–63; N.Y. Comp. Codes R. & conditions, and other threats are Nev. Admin. Code § 639.2973; 22 Tex. Admin. Code Regs. tit. 8, § 63.9; N.D. Cent. Code Ann. § 43–15– categories of harms otherwise caused by § 295.15(c). 31.5; Or. Admin. r. 855–019–0280; 216–40; R.I. 18 Cf., e.g., Ark. Admin. Code § 070.00.9–09–00– Code R. § 15–1.11; S.C. Code Ann. §§ 40–43– 27 Preschool and Kindergarten Enrollment, 0002; 3 Colo. Code Regs. § 719–1:19.00.00; Nev. 190(B)(1), (5); S.D. Admin. R. 20:51:28:04; Tenn. https://nces.ed.gov/programs/coe/indicator_cfa.asp Admin. Code § 639.2973; N.H. Rev. Stat. § 318:16– Code Ann. § 53–10–211; 22 Tex. Admin. Code (last visited July 29, 2020). d; Ohio Rev. Code Ann. § 4729.41(B); Or. Admin. § 295.15(c); 04–230 Vt. Code R. § 10.35; Va. Code 28 State School Immunization Requirements and R. 855–019–0270 (2020); S.C. Code Ann. §§ 40–43– Ann. § 54.1–3408; Wis. Stat. Ann. § 450.035. Vaccine Exemption Laws, https://www.cdc.gov/ 190(B)(1), (4); Utah Admin. Code r. 156R–17b– 22 See, e.g., Letter from Kathleen E. Toomey, M.D., phlp/docs/school-vaccinations.pdf, (last visited July 621(5); Vt. Admin. Code 20–4–1400:10.35. M.P.H., Comm’r and State Health Officer, Ga. Dep’t 29, 2020). 19 Cf., e.g., Ariz. Admin. Code § R4–23–411(D(3); of Pub. Health, available at https://www.gpha.org/ 29 Nothing herein shall affect federal law Conn. Gen. Stat. § 20–633(b); D.C. Mun. Regs. tit. immunization/ (last visited July 15, 2020). requirements in 42 CFR part 455, subpart E 17, § 6512.3; 856 Ind. Admin. Code 4–1–1(c); Iowa 23 See, e.g., AL ST § 34–23–53; 12 AAC 52.992; regarding screening and enrollment of Medicare Admin. Code r. 657–39.10(2)(A); Kan. Stat. Ann. Cal. Bus. & Prof. Code § 4052; Cal. Bus. & Prof. Code and Medicaid providers. Moreover, nothing herein § 65–1635a(a); La. Admin. Code tit. 46 Part LIII, § 4052.8(b); 3 Colo. Code Regs. § 719–1:19.00.00; shall preempt State laws that permit additional § 521(D); Me. Rev. Stat. Ann. tit. 32, § 13832; Md. Ga. Code Ann., § 43–34–26.1; 856 IAC 4–1–1; Iowa individuals to administer vaccines that ACIP Code Ann., Health Occ. § 12–508(b)(2)(ii); Mont. Code § 39.10(2)(a); N.M. Admin. Code 16.19.26; recommends to persons age 18 or younger Code Ann. § 37–7–101(24)(b); N.J. Admin. Code Okla. Admin. Code 535:10–11–5; Code 1976 § 40– according to ACIP’s standard immunization § 13:39–4.21(b)(2); N.D. Cent. Code Ann. § 43–15– 43–190 (South Carolina). schedule. For example, Idaho permits pharmacy 31.5; Or. Admin. R. 855–019–0270 (2020); 63 Pa. 24 Vaccine Recommendations and Guidelines of technicians who meet certain requirements to Stat. Ann. § 390–9.2;(a)(2) 216 R.I. Code R. § 40–15– the ACIP, https://www.cdc.gov/vaccines/hcp/acip- administer vaccines under the supervision of an 1.11; S.C. Code Ann. §§ 40–43–190(B)(4); S.D. recs/general-recs/administration.html (last visited immunizing pharmacist. Such technicians can still Admin. R. 20:51:28:02; W. Va. Code St. R. § 15–12– July 29, 2020). administer vaccines to the extent they would have 4; Wyo. Admin. Code 059.0001.16 § 7. 25 Id. been able to absent publication of this amendment. 20 Cf., e.g., AR ADC § 070.00.9–09–00–0002; 3 26 Id.; Nicole E. Omecene, et al., Implementation Moreover, pharmacists and pharmacy interns may Colo. Code Regs. § 719–1:19.00.00; N.J. Stat. Ann. of pharmacist-administered pediatric vaccines in still order or administer vaccines to individuals § 13:39–4.21; S.C. Code Ann. §§ 40–43–190(B)(1), the United States: major barriers and potential ages two or younger to the extent authorized under (5); 22 Tex. Admin. Code § 295.15(c); Utah Admin. solutions for the outpatient setting, https:// State law. Code r. 156–17b–621(5); 59–0001–16 Wyo. Code R. www.ncbi.nlm.nih.gov/pmc/articles/PMC6594428/ 30 42 U.S.C. 247d–d6(i)(7)(A); 85 FR 35–100, 35– § 7. (last visited July 29, 2020). 102.

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COVID–19 as set forth in Sections VI for medical countermeasures against • The licensed pharmacist must and VIII of this Declaration.31 Hence, COVID–19, as amended April 10, 2020 complete a practical training program of such vaccinations are ‘‘covered and June 4, 2020, are further amended at least 20 hours that is approved by the countermeasures’’ under the PREP Act pursuant to section 319F–3(b)(4) of the Accreditation Council for Pharmacy and the June 4, 2020 Second PHS Act as described below. All other Education (ACPE). This training Amendment to the Declaration. sections of the Declaration remain in program must include hands-on Nothing in this Declaration shall be effect as published at 85 FR 15198 (Mar. injection technique, clinical evaluation construed to affect the National Vaccine 17, 2020) and amended at 85 FR 21012 of indications and contraindications of Injury Compensation Program, (Apr. 15, 2020) and 85 FR 35100 (June vaccines, and the recognition and including an injured party’s ability to 8, 2020). treatment of emergency reactions to obtain compensation under that 1. Covered Persons, section V, delete vaccines. program. Covered countermeasures that in full and replace with: • The licensed or registered are subject to the National Vaccine V. Covered Persons pharmacy intern must complete a Injury Compensation Program 42 U.S.C. 247d–6d(i)(2), (3), (4), (6), practical training program that is authorized under 42 U.S.C. 300aa-10 et (8)(A) and (B) approved by the ACPE. This training seq. are covered under this Declaration Covered Persons who are afforded program must include hands-on for the purposes of liability immunity liability immunity under this injection technique, clinical evaluation and injury compensation only to the Declaration are ‘‘manufacturers,’’ of indications and contraindications of extent that injury compensation is not ‘‘distributors,’’ ‘‘program planners,’’ vaccines, and the recognition and provided under that Program. All other ‘‘qualified persons,’’ and their officials, treatment of emergency reactions to terms and conditions of the Declaration agents, and employees, as those terms vaccines. • The licensed pharmacist and apply to such covered countermeasures. are defined in the PREP Act, and the licensed or registered pharmacy intern United States. Section VIII. Category of Disease, Health must have a current certificate in basic In addition, I have determined that Condition, or Threat cardiopulmonary resuscitation. As discussed, the troubling decrease the following additional persons are • The licensed pharmacist must in ACIP-recommended childhood qualified persons: (a) Any person complete a minimum of two hours of vaccinations and the resulting increased authorized in accordance with the ACPE-approved, immunization-related risk of associated diseases, adverse public health and medical emergency continuing pharmacy education during health conditions, and other threats are response of the Authority Having each State licensing period. categories of harms otherwise caused by Jurisdiction, as described in Section VII • The licensed pharmacist must COVID–19. The Secretary therefore below, to prescribe, administer, deliver, comply with recordkeeping and amends section VIII, which describes distribute or dispense the Covered reporting requirements of the the category of disease, health Countermeasures, and their officials, jurisdiction in which he or she condition, or threat for which he agents, employees, contractors and administers vaccines, including recommends the administration or use volunteers, following a Declaration of an informing the patient’s primary-care of the Covered Countermeasures, to emergency; (b) any person authorized to provider when available, submitting the clarify that the category of disease, prescribe, administer, or dispense the required immunization information to health condition, or threat for which he Covered Countermeasures or who is the State or local immunization recommends the administration or use otherwise authorized to perform an information system (vaccine registry), of the Covered Countermeasures is not activity under an Emergency Use complying with requirements with only COVID–19 caused by SARS–CoV– Authorization in accordance with respect to reporting adverse events, and 2 or a virus mutating therefrom, but also Section 564 of the FD&C Act; (c) any complying with requirements whereby other diseases, health conditions, or person authorized to prescribe, the person administering a vaccine must threats that may have been caused by administer, or dispense Covered review the vaccine registry or other COVID–19, SARS–CoV–2, or a virus Countermeasures in accordance with vaccination records prior to mutating therefrom, including the Section 564A of the FD&C Act; and (d) administering a vaccine. • decrease in the rate of childhood a State-licensed pharmacist who orders The licensed pharmacist must immunizations, which will lead to an and administers, and pharmacy interns inform his or her childhood-vaccination increase in the rate of infectious who administer (if the pharmacy intern patients and the adult caregiver diseases. acts under the supervision of such accompanying the child of the pharmacist and the pharmacy intern is importance of a well-child visit with a Amendments to Declaration licensed or registered by his or her State pediatrician or other licensed primary- Amended Declaration for Public board of pharmacy), vaccines that the care provider and refer patients as Readiness and Emergency Preparedness Advisory Committee on Immunization appropriate. Act Coverage for medical Practices (ACIP) recommends to persons Nothing in this Declaration shall be countermeasures against COVID–19. ages three through 18 according to construed to affect the National Vaccine Sections V and VIII of the March 10, ACIP’s standard immunization Injury Compensation Program, 2020 Declaration under the PREP Act schedule. including an injured party’s ability to Such State-licensed pharmacists and obtain compensation under that 31 Jeanne M. Santoli et al., Effects of the COVID– the State-licensed or registered interns program. Covered countermeasures that 19 Pandemic on Routine Pediatric Vaccine under their supervision are qualified are subject to the National Vaccine Ordering and Administration—United States, 2020, persons only if the following Injury Compensation Program 69 MMWR No. 19, at 591–93 (May 15, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/ requirements are met: authorized under 42 U.S.C. 300aa–10 et mm6919e2.htm; Cristi A. Bramer et al., Decline in • The vaccine must be FDA- seq. are covered under this Declaration Child Vaccination Coverage During the COVID–19 authorized or FDA-approved. for the purposes of liability immunity Pandemic—Michigan Care Improvement Registry, • The vaccination must be ordered and injury compensation only to the May 2016–May 2020, 69 MMWR No. 20, at 630–31 (May 22, 2020), https://www.cdc.gov/mmwr/ and administered according to ACIP’s extent that injury compensation is not volumes/69/wr/mm6920e1.htm. standard immunization schedule. provided under that Program. All other

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terms and conditions of the Declaration tentative and subject to change). The Dated: August 12, 2020. apply to such covered countermeasures. confirmed times and agenda items for James J. Berger, 2. Category of Disease, Health the meeting will be posted on the Designated Federal Officer, Tick-Borne Condition, or Threat, section VIII, delete TBDWG web page at https:// Disease Working Group, Office of Infectious in full and replace with: www.hhs.gov/ash/advisory-committees/ Disease and HIV/AIDS Policy. VIII. Category of Disease, Health tickbornedisease/meetings/2020-9-15/ [FR Doc. 2020–18519 Filed 8–21–20; 8:45 am] Condition, or Threat index.html when this information BILLING CODE 4150–28–P 42 U.S.C. 247d–6d(b)(2)(A) becomes available. The category of disease, health condition, or threat for which I FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND recommend the administration or use of James Berger, Designated Federal Officer HUMAN SERVICES the Covered Countermeasures is not for the TBDWG; Office of Infectious only COVID–19 caused by SARS-CoV– Disease and HIV/AIDS Policy, Office of National Institutes of Health 2 or a virus mutating therefrom, but also the Assistant Secretary for Health, other diseases, health conditions, or Department of Health and Human National Institute of Diabetes and threats that may have been caused by Services, Mary E. Switzer Building, 330 Digestive and Kidney Diseases; Notice COVID–19, SARS-CoV–2, or a virus C Street SW, Suite L600, Washington, of Closed Meeting mutating therefrom, including the DC, 20024. Email: tickbornedisease@ decrease in the rate of childhood hhs.gov; Phone: 202–795–7608. Pursuant to section 10(d) of the immunizations, which will lead to an Federal Advisory Committee Act, as increase in the rate of infectious SUPPLEMENTARY INFORMATION: The amended, notice is hereby given of the diseases. registration link will be posted on the following meeting. website at https://www.hhs.gov/ash/ The meeting will be closed to the Authority: 42 U.S.C. 247d–6d. advisory-committees/tickbornedisease/ public in accordance with the Dated: August 19, 2020. meetings/2020-9-15/index.html when it provisions set forth in sections Alex M. Azar II, becomes available. After registering, you 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Secretary of Health and Human Services. will receive an email confirmation with as amended. The grant applications and [FR Doc. 2020–18542 Filed 8–20–20; 4:15 pm] a personalized link to access the the discussions could disclose BILLING CODE 4150–03–P webcast on September 15, 2020 and confidential trade secrets or commercial September 22, 2020 property such as patentable material, The public will have an opportunity and personal information concerning DEPARTMENT OF HEALTH AND to present their views to the TBDWG individuals associated with the grant HUMAN SERVICES orally during the meeting’s public applications, the disclosure of which Meeting of the Tick-Borne Disease comment session or by submitting a would constitute a clearly unwarranted Working Group written public comment. Comments invasion of personal privacy. should be pertinent to the meeting Name of Committee: National Institute of AGENCY: Office of the Assistant discussion. Persons who wish to Diabetes and Digestive and Kidney Diseases Secretary for Health, Office of the provide verbal or written public Special Emphasis Panel RFA–DK–20–503 Secretary, Department of Health and comment should review instructions at Limited Competition: TEDDY Data Human Services. https://www.hhs.gov/ash/advisory- Coordinating Center. ACTION: Notice. committees/tickbornedisease/meetings/ Date: October 7, 2020. 2020-9-15/index.html and respond by Time: 3:00 p.m. to 4:30 p.m. SUMMARY: As required by the Federal midnight September 4, 2020 ET. Verbal Agenda: To review and evaluate grant Advisory Committee Act, the comments will be limited to three applications. Department of Health and Human minutes each to accommodate as many Place: National Institutes of Health, Two Services (HHS) is hereby giving notice speakers as possible during the 30 Democracy Plaza, 6707 Democracy that the Tick-Borne Disease Working minute session. Written public Boulevard, Bethesda, MD 20892, (Telephone Group (TBDWG) will hold a virtual Conference Call). comments will be accessible to the meeting. The meeting will be open to Contact Person: Dianne Camp, Ph.D., public on the TBDWG web page prior to the public. For this meeting, the Scientific Review Officer, Review Branch, the meeting. TBDWG will review the draft 2020 Division of Extramural Activities, NIDDK, report to the HHS Secretary and Background and Authority: The Tick- National Institutes of Health, Room 7013, Congress and review and approve Borne Disease Working Group was 6707 Democracy Boulevard, Bethesda, MD graphics and images for the report. The established on August 10, 2017, in 20892–2542, (301) 5947682, campd@ 2020 report will address ongoing tick- accordance with Section 2062 of the extra.niddk.nih.gov. borne disease research, including 21st Century Cures Act, and the Federal (Catalogue of Federal Domestic Assistance research related to causes, prevention, Advisory Committee Act, 5 U.S.C. App., Program Nos. 93.847, Diabetes, treatment, surveillance, diagnosis, as amended, to provide expertise and Endocrinology and Metabolic Research; diagnostics, and interventions for review federal efforts related to all tick- 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology individuals with tick-borne diseases; borne diseases, to help ensure and Hematology Research, National Institutes advances made pursuant to such interagency coordination and minimize of Health, HHS) research; federal activities related to overlap, and to examine research tick-borne diseases; and gaps in tick- priorities. The TBDWG is required to Dated: August 18, 2020. borne disease research. submit a report to the HHS Secretary Miguelina Perez, DATES: The meeting will be held online and Congress on their findings and any Program Analyst, Office of Federal Advisory via webcast on September 15, 2020 and recommendations for the federal Committee Policy. September 22, 2020 from 9:00 a.m. to response to tick-borne disease every two [FR Doc. 2020–18438 Filed 8–21–20; 8:45 am] 2:30 p.m. ET both days (times are years. BILLING CODE 4140–01–P

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DEPARTMENT OF HEALTH AND Contact Person listed on this notice. The (Catalogue of Federal Domestic Assistance HUMAN SERVICES statement should include the name, Program Nos. 93.306, Comparative Medicine; address, telephone number and when 93.333, Clinical Research, 93.306, 93.333, National Institutes of Health applicable, the business or professional 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National affiliation of the interested person. National Institute Of Arthritis And Institutes of Health, HHS) Dated: August 18, 2020. Musculoskeletal And Skin Diseases Dated: August 18, 2020. Miguelina Perez, Notice of Meeting Miguelina Perez, Program Analyst, Office of Federal Advisory Program Analyst, Office of Federal Advisory Pursuant to section 10(d) of the Committee Policy. Committee Policy. Federal Advisory Committee Act, as [FR Doc. 2020–18441 Filed 8–21–20; 8:45 am] [FR Doc. 2020–18439 Filed 8–21–20; 8:45 am] amended, notice is hereby given of a BILLING CODE 4140–01–P meeting of the National Arthritis and BILLING CODE 4140–01–P Musculoskeletal and Skin Diseases Advisory Council. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND The meeting will be open to the HUMAN SERVICES public online as indicated below, with HUMAN SERVICES National Institutes of Health attendance limited to online National Institutes of Health participation only. Individuals who Center For Scientific Review Notice of plan to attend and need special National Heart, Lung, and Blood Closed Meetings assistance, such as sign language Institute; Notice of Meeting interpretation or other reasonable Pursuant to section 10(d) of the Pursuant to section 10(a) of the accommodations, should notify the Federal Advisory Committee Act, as Federal Advisory Committee Act, as Contact Person listed below in advance amended, notice is hereby given of the amended, notice is hereby given of a of the meeting. following meetings. The meeting will be closed to the The meetings will be closed to the meeting of the National Heart, Lung, public in accordance with the public in accordance with the and Blood Advisory Council. provisions set forth in sections provisions set forth in sections The meeting will be open to the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public as indicated below and held as as amended. The grant applications and as amended. The grant applications and a virtual meeting. Individuals who plan the discussions could disclose the discussions could disclose to view the virtual meeting and need confidential trade secrets or commercial confidential trade secrets or commercial special assistance or other reasonable property such as patentable material, property such as patentable material, accommodations to view the meeting, and personal information concerning and personal information concerning should notify the Contact Person listed individuals associated with the grant individuals associated with the grant below in advance of the meeting. applications, the disclosure of which applications, the disclosure of which Name of Committee: National Heart, Lung, would constitute a clearly unwarranted would constitute a clearly unwarranted and Blood Advisory Council. invasion of personal privacy. invasion of personal privacy. Date: September 15, 2020. Open: 8:00 a.m. to 11:00 a.m. Name of Committee: National Arthritis and Name of Committee: Center for Scientific Agenda: To discuss program policies and Musculoskeletal and Skin Diseases Advisory Review Special Emphasis Panel Small issues. Council. Business: Low Vision, Ocular Biomedical Place: National Institutes of Health, Date: September 1, 2020. and Bioengineering Technology Rockledge I, 6705 Rockledge Drive, Room Open: 10:00 a.m. to 12:45 p.m. Development. 206–Q, Bethesda, MD 20892, (Virtual Agenda: To discuss program policies and Date: September 14, 2020. Meeting). issues. Time: 12:00 p.m. to 3:00 p.m. Open: 1:30 p.m. to 4:00 p.m. Place: National Institutes of Health, Agenda: To review and evaluate grant Agenda: To discuss program policies and Bethesda, MD, (Virtual Meeting). applications. issues. Virtual Access: The meeting will be Place: National Institutes of Health, Place: National Institutes of Health, videocast and can be accessed from the NIH Rockledge II, 6701 Rockledge Drive, Rockledge I, 6705 Rockledge Drive, Room Videocast http://videocast.nih.gov. Please Bethesda, MD 20892, (Virtual Meeting). 206–Q, Bethesda, MD 20892, (Virtual note, the link to the videocast meeting will Contact Person: Susan Gillmor, Ph.D., Meeting). be posted within a week of the meeting date. Scientific Review Officer, National Institutes Any member of the public may submit of Health, Center for Scientific Review, 6701 Virtual Access: The meeting will be written comments no later than 15 days after Rockledge Drive, Bethesda, MD 20892, (240) videocast and can be accessed from the NIH the meeting. 762–3076, [email protected]. Videocast. Please note, the link to the Closed: 2:00 p.m.–3:30 p.m. Name of Committee: Center for Scientific videocast meeting will be posted within a Agenda: To Review and Evaluate Grant Review Special Emphasis Panel NIH week of the meeting date on the NHLBI Applications. Research Enhancement Award (R15) in Council website: https://www.nhlbi.nih.gov/ Contact Person: Melinda Nelson, Acting Oncological Sciences. about/advisory-and-peer-review-committees/ Director, National Institute of Arthritis and Date: September 16, 2020. advisory-council. Musculoskeletal and Skin Diseases, Grants Time: 9:00 a.m. to 6:00 p.m. Contact Person: Laura K. Moen, Ph.D., Management Branch, 45 Center Drive, Agenda: To review and evaluate grant Director, Division of Extramural Research Natcher Building, Room 5A49, Bethesda, MD applications. Activities, National Heart, Lung, and Blood 20892, (301) 594–3535, [email protected]. Place: National Institutes of Health, Institute, National Institutes of Health, Rockledge I, 6705 Rockledge Drive, Bethesda, (Catalogue of Federal Domestic Assistance Rockledge II, 6701 Rockledge Drive, MD 20892, 301–435–0260, moenl@ Program Nos. 93.846, Arthritis, Bethesda, MD 20892 (Virtual Meeting). mail.nih.gov. Musculoskeletal and Skin Diseases Research, Contact Person: Svetlana Kotliarova, Ph.D., National Institutes of Health, HHS) Scientific Review Officer, Center for Any interested person may file written Scientific Review, National Institutes of comments with the committee by forwarding Any interested person may file Health, 6701 Rockledge Drive, Room 6214, the statement to the Contact Person listed on written comments with the committee Bethesda, MD 20892, (301) 594–7945, this notice. The statement should include the by forwarding the statement to the [email protected]. name, address, telephone number and when

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applicable, the business or professional reference OMB Control Number 1014– cannot guarantee that we will be able to affiliation of the interested person. Any 0024 in the subject line of your do so. member of the public may submit written comments. Abstract: Regulations implementing comments no later than 15 days after the plans and information responsibilities meeting. FOR FURTHER INFORMATION CONTACT: To are under 30 CFR part 250, subpart B, Information is also available on the request additional information about Institute’s/Center’s home page: this ICR, contact Nicole Mason by email and are among those delegated to BSEE. www.nhlbi.nih.gov/meetings/nhlbac/ at [email protected] or by telephone This request also covers any related index.htm, where an agenda and any at (703) 787–1607. Notices to Lessees and Operators (NTLs) additional information for the meeting will that BSEE issues to clarify, supplement, SUPPLEMENTARY INFORMATION: be posted when available. In or provide additional guidance on some (Catalogue of Federal Domestic Assistance accordance with the PRA and 5 CFR aspects of our regulations. Program Nos. 93.233, National Center for 1320.8(d)(1), all information collections For § 250.282—Post-Approval Sleep Disorders Research; 93.837, Heart and require approval under the PRA. We Requirements for the EP, DPP, and Vascular Diseases Research; 93.838, Lung may not conduct, or sponsor and you Diseases Research; 93.839, Blood Diseases DOCD: While the information is are not required to respond to a submitted to BOEM, BSEE analyzes and and Resources Research, National Institutes collection of information unless it of Health, HHS) evaluates the information and data displays a currently valid OMB control collected under this section of subpart Dated: August 18, 2020. number. B to verify that an ongoing/completed Ronald J. Livingston, Jr., As part of our continuing effort to OCS operation is/was conducted in Program Analyst, Office of Federal Advisory reduce paperwork and respondent compliance with established Committee Policy. burdens, we invite the public and other environmental standards placed on the [FR Doc. 2020–18440 Filed 8–21–20; 8:45 am] Federal agencies to comment on new, activity. BILLING CODE 4140–01–P proposed, revised, and continuing For §§ 250.287–295—Deepwater collections of information. This helps us Operations Plan (DWOP): BSEE assess the impact of our information analyzes and evaluates the information DEPARTMENT OF THE INTERIOR collection requirements and minimize and data collected under this section of the public’s reporting burden. It also subpart B to ensure that planned Bureau of Safety and Environmental helps the public understand our operations are safe; will not adversely Enforcement information collection requirements and affect the marine, coastal, or human provide the requested data in the environment; and will conserve the [Docket ID BSEE–2020–0009; EEEE500000 desired format. 20XE1700DX EX1SF0000.EAQ000; OMB resources of the OCS. We use the Control Number 1014–0024] We are especially interested in public information to make an informed comment addressing the following: decision on whether to approve the (1) Whether or not the collection of Agency Information Collection proposed DWOPs, or whether information is necessary for the proper Activities; Plans and Information modifications are necessary without the performance of the functions of the analysis and evaluation of the required AGENCY: Bureau of Safety and agency, including whether the Environmental Enforcement, Interior. information. information will have practical utility; Title of Collection: 30 CFR 250, ACTION: Notice of information collection; (2) The accuracy of our estimate of the Subpart B, Plans and Information. request for comment. burden for this collection of OMB Control Number: 1014–0024. information, including the validity of Form Number: None. SUMMARY: In accordance with the the methodology and assumptions used; Paperwork Reduction Act (PRA) of Type of Review: Extension of a (3) Ways to enhance the quality, currently approved collection. 1995, the Bureau of Safety and utility, and clarity of the information to Environmental Enforcement (BSEE) Respondents/Affected Public: be collected; and Potential respondents include Federal proposes to renew an information (4) How might the agency minimize collection. OCS oil, gas, and sulfur lessees and/or the burden of the collection of operators and holders of pipeline rights- DATES: Interested persons are invited to information on those who are to of-way. submit comments on or before October respond, including using appropriate Total Estimated Number of Annual 23, 2020. automated, electronic, mechanical, or Respondents: Currently there are ADDRESSES: Send your comments on other technological collection approximately 60 Oil and Gas Drilling this information collection request (ICR) techniques or other forms of information and Production Operators in the OCS. by either of the following methods listed technology, e.g., permitting electronic Not all the potential respondents will below: submission of response. submit information in any given year, • Electronically go to http:// Comments that you submit in and some may submit multiple times. www.regulations.gov. In the Search box, response to this notice are a matter of Total Estimated Number of Annual enter BSEE–2020–0009 then click public record. We will include or Responses: 31. search. Follow the instructions to summarize each comment in our request Estimated Completion Time per submit public comments and view all to OMB to approve this ICR. Before Response: Varies from 50 hours to 2,200 related materials. We will post all including your address, phone number, hours, depending on activity. comments. email address, or other personal Total Estimated Number of Annual • Email [email protected], fax identifying information in your Burden Hours: 44,458. (703) 787–1546, or mail or hand-carry comment, you should be aware that Respondent’s Obligation: Most comments to the Department of the your entire comment—including your responses are mandatory; while some Interior; Bureau of Safety and personal identifying information—may are required to obtain or retain a benefit. Environmental Enforcement; be made publicly available at any time. Frequency of Collection: Submissions Regulations and Standards Branch; While you can ask us in your comment are generally on occasion. ATTN: Nicole Mason; 45600 Woodland to withhold your personal identifying Total Estimated Annual Nonhour Road, Sterling, VA 20166. Please information from public review, we Burden Cost: $68,381.

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An agency may not conduct, or SUPPLEMENTARY INFORMATION: In to Lessees and Operators (NTLs) that sponsor and a person is not required to accordance with the PRA and 5 CFR BSEE issues to clarify, supplement, or respond to a collection of information 1320.8(d)(1), all information collections provide additional guidance on some unless it displays a currently valid OMB require approval under the PRA. We aspects of our regulations. control number. may not conduct, or sponsor and you BSEE uses the information collected The authority for this action is the are not required to respond to a under subpart O regulations to ensure Paperwork Reduction Act of 1995 (44 collection of information unless it that workers in the OCS are properly U.S.C. 3501 et seq.). displays a currently valid OMB control trained with the necessary skills to number. Amy White, perform their jobs in a safe and As part of our continuing effort to pollution-free manner. Acting Chief, Regulations and Standards reduce paperwork and respondent Branch. burdens, we invite the public and other In some instances, we may conduct [FR Doc. 2020–18453 Filed 8–21–20; 8:45 am] Federal agencies to comment on new, oral interviews of offshore employees to BILLING CODE 4310–VH–P proposed, revised, and continuing evaluate the effectiveness of a collections of information. This helps us company’s training program. The oral assess the impact of our information interviews are used to gauge how DEPARTMENT OF THE INTERIOR collection requirements and minimize effectively the companies are the public’s reporting burden. It also implementing their own training Bureau of Safety and Environmental program. Enforcement helps the public understand our information collection requirements and Title of Collection: 30 CFR 250, [Docket ID BSEE–2020–0010; EEEE500000 provide the requested data in the Subpart O, Well Control and Production 20XE1700DX EX1SF0000.EAQ000; OMB desired format. Safety Training. Control Number 1014–0008] We are especially interested in public OMB Control Number: 1014–0008. comment addressing the following: Agency Information Collection (1) Whether or not the collection of Form Number: None. Activities; Well Control and Production information is necessary for the proper Type of Review: Extension of a Safety Training performance of the functions of the currently approved collection. AGENCY: Bureau of Safety and agency, including whether the Respondents/Affected Public: Environmental Enforcement, Interior. information will have practical utility; Potential respondents include Federal (2) The accuracy of our estimate of the ACTION: Notice of Information OCS oil, gas, and sulfur lessees and/or burden for this collection of Collection; request for comment. operators and holders of pipeline rights- information, including the validity of of-way. SUMMARY: In accordance with the the methodology and assumptions used; Paperwork Reduction Act (PRA) of (3) Ways to enhance the quality, Total Estimated Number of Annual 1995, the Bureau of Safety and utility, and clarity of the information to Respondents: Currently there are Environmental Enforcement (BSEE) be collected; and approximately 60 Oil and Gas Drilling proposes to renew an information (4) How might the agency minimize and Production Operators in the OCS. collection. the burden of the collection of Not all the potential respondents will information on those who are to submit information in any given year, DATES: Interested persons are invited to respond, including using appropriate and some may submit multiple times. submit comments on or before October automated, electronic, mechanical, or 23, 2020. Total Estimated Number of Annual other technological collection Responses: 5. ADDRESSES: Send your comments on techniques or other forms of information Estimated Completion Time per this information collection request (ICR) technology, e.g., permitting electronic Response: Varies from 4 hours to 69 by either of the following methods listed submission of response. below: hours, depending on activity. • Comments that you submit in Electronically go to http:// response to this notice are a matter of Total Estimated Number of Annual www.regulations.gov. In the Search box, public record. We will include or Burden Hours: 148. enter BSEE–2020–0010 then click summarize each comment in our request Respondent’s Obligation: Responses search. Follow the instructions to to OMB to approve this ICR. Before are mandatory. submit public comments and view all including your address, phone number, Frequency of Collection: Submissions related materials. We will post all email address, or other personal comments. are generally on occasion. • identifying information in your Email [email protected], fax comment, you should be aware that Total Estimated Annual Nonhour (703) 787–1546, or mail or hand-carry your entire comment—including your Burden Cost: None. comments to the Department of the personal identifying information—may An agency may not conduct, or Interior; Bureau of Safety and be made publicly available at any time. sponsor and a person is not required to Environmental Enforcement; While you can ask us in your comment respond to a collection of information Regulations and Standards Branch; to withhold your personal identifying unless it displays a currently valid OMB ATTN: Nicole Mason; 45600 Woodland information from public review, we control number. Road, Sterling, VA 20166. Please cannot guarantee that we will be able to The authority for this action is the reference OMB Control Number 1014– do so. 0008 in the subject line of your Paperwork Reduction Act of 1995 (44 Abstract: The regulations at 30 CFR U.S.C. 3501 et seq.). comments. 250, Subpart O, Well Control and FOR FURTHER INFORMATION CONTACT: To Production Safety Training, concern Amy White, request additional information about training requirements for certain Acting Chief, Regulations and Standards this ICR, contact Nicole Mason by email personnel working on the OCS and is Branch. at [email protected] or by telephone the subject of this collection. This [FR Doc. 2020–18449 Filed 8–21–20; 8:45 am] at (703) 787–1607. request also covers the related Notices BILLING CODE 4310–VH–P

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DEPARTMENT OF THE INTERIOR assess the impact of our information managing safety. An operator’s SEMS collection requirements and minimize program must describe management’s Bureau of Safety and Environmental the public’s reporting burden. It also commitment to safety and the Enforcement helps the public understand our environment, as well as policies and [Docket ID BSEE–2020–0012; EEEE500000 information collection requirements and procedures to assure safety and 20XE1700DX EX1SF0000.EAQ000; OMB provide the requested data in the environmental protection while Control Number 1014–0017] desired format. conducting OCS operations (including We are especially interested in public those operations conducted by all Agency Information Collection comment addressing the following: personnel on the facility). BSEE will use Activities; Safety and Environmental (1) Whether or not the collection of the information obtained by submittals Management Systems information is necessary for the proper and observed via SEMS audits to ensure performance of the functions of the that operations on the OCS are AGENCY: Bureau of Safety and agency, including whether the conducted safely, as they pertain to both Environmental Enforcement, Interior. information will have practical utility; human and environmental factors, and ACTION: Notice of information collection; (2) The accuracy of our estimate of the in accordance with BSEE regulations, request for comment. burden for this collection of including industry practices information, including the validity of incorporated by reference within the SUMMARY: In accordance with the the methodology and assumptions used; regulations. Job Safety Analyses (JSA’s) Paperwork Reduction Act (PRA) of (3) Ways to enhance the quality, and other recordkeeping required by the 1995, the Bureau of Safety and utility, and clarity of the information to SEMS regulation will be reviewed Environmental Enforcement (BSEE) be collected; and diligently by BSEE during inspections proposes to renew an information (4) How might the agency minimize and other oversight activities and by collection. the burden of the collection of SEMS auditors during regulatory DATES: Interested persons are invited to information on those who are to required audits, to ensure that industry submit comments on or before October respond, including using appropriate is using the documentation required by 23, 2020. automated, electronic, mechanical, or the SEMS regulation to manage their ADDRESSES: Send your comments on other technological collection safety and environmental risks. this information collection request (ICR) techniques or other forms of information Information on Form BSEE–0131, by either of the following methods listed technology, e.g., permitting electronic which the SEMS regulation requires to below: submission of response. be submitted to BSEE annually, • Electronically go to http:// Comments that you submit in includes company identification, www.regulations.gov. In the Search box, response to this notice are a matter of number of company/contractor injuries enter BSEE–2020–0012 then click public record. We will include or and/or illnesses suffered, company/ search. Follow the instructions to summarize each comment in our request contractor hours worked, EPA National submit public comments and view all to OMB to approve this ICR. Before Pollutant Discharge Elimination System related materials. We will post all including your address, phone number, (NPDES) permit non-compliances, and comments. email address, or other personal oil spill volumes for spills less than 1 • Email [email protected], fax identifying information in your barrel. Such information is reported on (703) 787–1546, or mail or hand-carry comment, you should be aware that a calendar year basis, with data broken comments to the Department of the your entire comment—including your out by calendar quarter. The Interior; Bureau of Safety and personal identifying information—may information is used to develop industry Environmental Enforcement; be made publicly available at any time. average incident rates that help to Regulations and Standards Branch; While you can ask us in your comment describe how well the offshore oil and ATTN: Nicole Mason; 45600 Woodland to withhold your personal identifying gas industry is performing. Operators Road, Sterling, VA 20166. Please information from public review, we use these incident rates to benchmark reference OMB Control Number 1014– cannot guarantee that we will be able to against their own performance, and to 0017 in the subject line of your do so. focus on areas that need improvement. comments. Abstract: Regulations governing Using the produced data allows BSEE to Safety and Environmental Management better focus our regulatory and research FOR FURTHER INFORMATION CONTACT: To Systems (SEMS) are covered in 30 CFR programs on areas where the request additional information about 250, Subpart S and are the subject of performance measures indicate that this ICR, contact Nicole Mason by email this collection. This request also covers operators are having difficulty meeting at [email protected] or by telephone any related Notices to Lessees and our expectations. BSEE will be more at (703) 787–1607. Operators (NTLs) that BSEE issues to effective in leveraging resources by SUPPLEMENTARY INFORMATION: In clarify, supplement, or provide redirecting research efforts, promoting accordance with the PRA and 5 CFR additional guidance on some aspects of appropriate regulatory initiatives, and 1320.8(d)(1), all information collections our regulations. shifting inspection and Directed Audit require approval under the PRA. We We consider the information to be program emphasis based on may not conduct, or sponsor and you critical for us to monitor industry’s performance results. are not required to respond to a operations record of safety and Title of Collection: 30 CFR part 250, collection of information unless it environmental management on the OCS. subpart S, Safety and Environmental displays a currently valid OMB control The Subpart S regulations hold the Management Systems (SEMS). number. operator accountable for the overall OMB Control Number: 1014–0017. As part of our continuing effort to safety of the offshore facility, including Form Number: BSEE–0131, reduce paperwork and respondent ensuring that all employees, contractors, Performance Measures Data. burdens, we invite the public and other and subcontractors have safety policies Type of Review: Extension of a Federal agencies to comment on new, and procedures in place that support the currently approved collection. proposed, revised, and continuing implementation of the operator’s SEMS Respondents/Affected Public: collections of information. This helps us program and align with the principles of Potential respondents include Federal

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OCS oil, gas, and sulfur lessees and/or • Electronically go to http:// Comments that you submit in operators and holders of pipeline rights- www.regulations.gov. In the Search box, response to this notice are a matter of of-way. enter BSEE–2020–0008 then click public record. We will include or Total Estimated Number of Annual search. Follow the instructions to summarize each comment in our request Respondents: Currently there are submit public comments and view all to OMB to approve this ICR. Before approximately 60 Oil and Gas Drilling related materials. We will post all including your address, phone number, and Production Operators in the OCS. comments. email address, or other personal Not all the potential respondents will • Email [email protected], fax identifying information in your submit information in any given year, (703) 787–1546, or mail or hand-carry comment, you should be aware that and some may submit multiple times. comments to the Department of the your entire comment—including your Total Estimated Number of Annual Interior; Bureau of Safety and personal identifying information—may Responses: 686. Environmental Enforcement; be made publicly available at any time. Estimated Completion Time per Regulations and Standards Branch; While you can ask us in your comment Response: Varies from 39 hours to ATTN: Nicole Mason; 45600 Woodland to withhold your personal identifying 11,926 hours, depending on activity. Road, Sterling, VA 20166. Please information from public review, we Total Estimated Number of Annual reference OMB Control Number 1014– cannot guarantee that we will be able to Burden Hours: 1,487,634. 0021 in the subject line of your do so. Respondent’s Obligation: Responses comments. Abstract: BSEE will use the are mandatory. information required by 30 CFR 282 to Frequency of Collection: Submissions FOR FURTHER INFORMATION CONTACT: To determine if lessees are complying with are on occasion. request additional information about Total Estimated Annual Nonhour this ICR, contact Nicole Mason by email the regulations that implement the Burden Cost: $3,259,727. at [email protected] or by telephone mining operations program for minerals An agency may not conduct, or at (703) 787–1607. other than oil, gas, and sulphur. Specifically, BSEE will use the sponsor and a person is not required to SUPPLEMENTARY INFORMATION: In respond to a collection of information information: accordance with the PRA and 5 CFR • unless it displays a currently valid OMB 1320.8(d)(1), all information collections To ensure that operations for the control number. require approval under the PRA. We production of minerals other than oil, The authority for this action is the may not conduct, or sponsor and you gas, and sulphur in the OCS are Paperwork Reduction Act of 1995 (44 are not required to respond to a conducted in a manner that will result U.S.C. 3501 et seq.). collection of information unless it in orderly resource recovery, development, and the protection of the Amy White, displays a currently valid OMB control number. human, marine, and coastal Acting Chief, Regulations and Standards environments. Branch. As part of our continuing effort to • reduce paperwork and respondent To ensure that adequate measures [FR Doc. 2020–18450 Filed 8–21–20; 8:45 am] burdens, we invite the public and other will be taken during operations to BILLING CODE 4310–VH–P Federal agencies to comment on new, prevent waste, conserve the natural proposed, revised, and continuing resources of the OCS, and to protect the collections of information. This helps us environment, human life, and DEPARTMENT OF THE INTERIOR correlative rights. assess the impact of our information • Bureau of Safety and Environmental collection requirements and minimize To determine if suspensions of Enforcement the public’s reporting burden. It also activities are in the national interest, to helps the public understand our facilitate proper development of a lease [Docket ID BSEE–2020–0008; EEEE500000 information collection requirements and including reasonable time to develop a 20XE1700DX EX1SF0000.EAQ000; OMB mine and construct its supporting Control Number 1014–0021] provide the requested data in the desired format. facilities, and to allow for the Agency Information Collection We are especially interested in public construction or negotiation for use of comment addressing the following: transportation facilities. Activities; Operations in the Outer • Continental Shelf for Minerals Other (1) Whether or not the collection of To identify and evaluate the than Oil, Gas, and Sulphur information is necessary for the proper cause(s) of a hazard(s) generating a performance of the functions of the suspension, the potential damage from a AGENCY: Bureau of Safety and agency, including whether the hazard(s) and the measures available to Environmental Enforcement, Interior. information will have practical utility; mitigate the potential for damage. ACTION: Notice of information collection; (2) The accuracy of our estimate of the • For technical evaluations that request for comment. burden for this collection of provide a basis for BSEE to make information, including the validity of informed decisions to approve, SUMMARY: In accordance with the the methodology and assumptions used; disapprove, or require modification of Paperwork Reduction Act (PRA) of (3) Ways to enhance the quality, the proposed activities. 1995, the Bureau of Safety and utility, and clarity of the information to Title of Collection: 30 CFR 282, Environmental Enforcement (BSEE) be collected; and Operations in the Outer Continental proposes to renew an information (4) How might the agency minimize Shelf for Minerals Other than Oil, Gas, collection. the burden of the collection of and Sulphur. DATES: Interested persons are invited to information on those who are to OMB Control Number: 1014–0021. submit comments on or before October respond, including using appropriate Form Number: None. 23, 2020. automated, electronic, mechanical, or Type of Review: Extension of a ADDRESSES: Send your comments on other technological collection currently approved collection. this information collection request (ICR) techniques or other forms of information Respondents/Affected Public: by either of the following methods listed technology, e.g., permitting electronic Potential respondents include Federal below: submission of response. OCS oil, gas, and sulfur lessees and/or

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operators and holders of pipeline rights- • Electronically go to http:// Comments that you submit in of-way. www.regulations.gov. In the Search box, response to this notice are a matter of Total Estimated Number of Annual enter BSEE–2020–0014 then click public record. We will include or Respondents: Currently there are search. Follow the instructions to summarize each comment in our request approximately 60 Oil and Gas Drilling submit public comments and view all to OMB to approve this ICR. Before and Production Operators in the OCS. related materials. We will post all including your address, phone number, Not all the potential respondents will comments. email address, or other personal submit information in any given year, • Email [email protected], fax identifying information in your and some may submit multiple times. (703) 787–1546, or mail or hand-carry comment, you should be aware that Total Estimated Number of Annual comments to the Department of the your entire comment—including your Responses: 16. Interior; Bureau of Safety and personal identifying information—may Estimated Completion Time per Environmental Enforcement; be made publicly available at any time. Response: Varies from 1 hour to 20 Regulations and Standards Branch; While you can ask us in your comment hours, depending on activity. ATTN: Nicole Mason; 45600 Woodland to withhold your personal identifying Total Estimated Number of Annual Road, Sterling, VA 20166. Please information from public review, we Burden Hours: 56. reference OMB Control Number 1014– cannot guarantee that we will be able to Respondent’s Obligation: Required to 0007 in the subject line of your do so. obtain or retain a benefit, or Voluntary. comments. Abstract: The Federal Water Pollution Frequency of Collection: Submissions FOR FURTHER INFORMATION CONTACT: To Control Act (FWPCA), as amended by are generally on occasion. request additional information about the Oil Pollution Act of 1990 (OPA), Total Estimated Annual Nonhour this ICR, contact Nicole Mason by email requires that a spill-response plan be Burden Cost: $100,000. at [email protected] or by telephone submitted for offshore facilities prior to An agency may not conduct, or at (703) 787–1607. February 18, 1993. The OPA specifies sponsor and a person is not required to that after that date, an offshore facility SUPPLEMENTARY INFORMATION: In respond to a collection of information may not handle, store, or transport oil accordance with the PRA and 5 CFR unless it displays a currently valid OMB unless a plan has been submitted. 1320.8(d)(1), all information collections control number. Regulations at 30 CFR 254 establish require approval under the PRA. We The authority for this action is the requirements for spill-response plans for may not conduct, or sponsor and you Paperwork Reduction Act of 1995 (44 oil-handling facilities seaward of the are not required to respond to a U.S.C. 3501 et seq.). coastline, including associated collection of information unless it pipelines. BSEE uses the information Amy White, displays a currently valid OMB control collected under 30 CFR 254 to Acting Chief, Regulations and Standards number. determine compliance with OPA by Branch. As part of our continuing effort to lessees/operators. Specifically, BSEE [FR Doc. 2020–18451 Filed 8–21–20; 8:45 am] reduce paperwork and respondent needs the information to: BILLING CODE 4310–VH–P burdens, we invite the public and other • Determine that lessees/operators Federal agencies to comment on new, have an adequate plan and are proposed, revised, and continuing sufficiently prepared to implement a DEPARTMENT OF THE INTERIOR collections of information. This helps us quick and effective response to a assess the impact of our information discharge of oil from their facilities or Bureau of Safety and Environmental collection requirements and minimize Enforcement operations. the public’s reporting burden. It also • Review plans prepared under the [Docket ID BSEE–2020–0014; EEEE500000 helps the public understand our regulations of a State and submitted to 20XE1700DX EX1SF0000.EAQ000; OMB information collection requirements and BSEE to satisfy the requirements in 30 Control Number 1014–0007] provide the requested data in the CFR 254 to ensure that they meet desired format. minimum requirements of OPA. Agency Information Collection We are especially interested in public • Activities; Oil-Spill Response Verify that personnel involved in comment addressing the following: oil-spill response are properly trained Requirements for Facilities Located (1) Whether or not the collection of Seaward of the Coastline and familiar with the requirements of information is necessary for the proper the spill-response plans and to lead and performance of the functions of the AGENCY: Bureau of Safety and witness spill-response exercises. Environmental Enforcement, Interior. agency, including whether the • Assess the sufficiency and information will have practical utility; availability of contractor equipment and ACTION: Notice of information collection; (2) The accuracy of our estimate of the request for comment. materials. burden for this collection of • Verify that enough quantities of SUMMARY: In accordance with the information, including the validity of equipment are available and in working Paperwork Reduction Act (PRA) of the methodology and assumptions used; order. 1995, the Bureau of Safety and (3) Ways to enhance the quality, • Oversee spill-response efforts and Environmental Enforcement (BSEE) utility, and clarity of the information to maintain official records of pollution proposes to renew an information be collected; and events. • collection. (4) How might the agency minimize Assess the efforts of lessees/ the burden of the collection of operators to prevent oil spills or prevent DATES: Interested persons are invited to information on those who are to substantial threats of such discharges. submit comments on or before October respond, including using appropriate Title of Collection: 30 CFR 254, Oil- 23, 2020. automated, electronic, mechanical, or Spill Response Requirements for ADDRESSES: Send your comments on other technological collection Facilities Located Seaward of the this information collection request (ICR) techniques or other forms of information Coastline. by either of the following methods listed technology, e.g., permitting electronic OMB Control Number: 1014–0007. below: submission of response. Form Number: None.

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Type of Review: Extension of a DATES: Interested persons are invited to information on those who are to currently approved collection. submit comments on or before October respond, including using appropriate Respondents/Affected Public: 23, 2020. automated, electronic, mechanical, or Potential respondents include Federal ADDRESSES: Send your comments on other technological collection OCS oil, gas, and sulfur lessees and/or this information collection request (ICR) techniques or other forms of information operators and holders of pipeline rights- by either of the following methods listed technology, e.g., permitting electronic of-way. below: submission of response. Total Estimated Number of Annual • Electronically go to http:// Comments that you submit in Respondents: Currently there are www.regulations.gov. In the Search box, response to this notice are a matter of approximately 60 Oil and Gas Drilling enter BSEE–2020–0011 then click public record. We will include or and Production Operators in the OCS. search. Follow the instructions to summarize each comment in our request Not all the potential respondents will submit public comments and view all to OMB to approve this ICR. Before submit information in any given year, related materials. We will post all including your address, phone number, and some may submit multiple times. comments. email address, or other personal Total Estimated Number of Annual • Email [email protected], fax identifying information in your Responses: 1,675. (703) 787–1546, or mail or hand-carry comment, you should be aware that Estimated Completion Time per comments to the Department of the your entire comment—including your Response: Varies from .5 hour to 165 Interior; Bureau of Safety and personal identifying information—may hours, depending on activity. Environmental Enforcement; be made publicly available at any time. Total Estimated Number of Annual Regulations and Standards Branch; While you can ask us in your comment Burden Hours: 60,989. ATTN: Nicole Mason; 45600 Woodland to withhold your personal identifying information from public review, we Respondent’s Obligation: Most Road, Sterling, VA 20166. Please cannot guarantee that we will be able to responses are mandatory; while some reference OMB Control Number 1014– do so. are required to obtain or retain a benefit. 0005 in the subject line of your comments. Abstract: This authority and Frequency of Collection: Submissions responsibility are among those are on occasion, monthly, annually, and FOR FURTHER INFORMATION CONTACT: To delegated BSEE. The regulations at 30 biennially. request additional information about CFR part 203, are the subject of this Total Estimated Annual Nonhour this ICR, contact Nicole Mason by email collection. This request also covers the Burden Cost: None. at [email protected] or by telephone related Notices to Lessees and Operators An agency may not conduct, or at (703) 787–1607. (NTLs) that BSEE issues to clarify, sponsor and a person is not required to SUPPLEMENTARY INFORMATION: In supplement, or provide additional respond to a collection of information accordance with the PRA and 5 CFR guidance on some aspects of our unless it displays a currently valid OMB 1320.8(d)(1), all information collections regulations. The information collected control number. require approval under the PRA. We under 30 CFR part 203, Relief or The authority for this action is the may not conduct, or sponsor and you Reduction in Royalty Rates is used in Paperwork Reduction Act of 1995 (44 are not required to respond to a our efforts to make decisions on the U.S.C. 3501 et seq.). collection of information unless it economic viability of leases requesting a Amy White, displays a currently valid OMB control suspension or elimination of royalty or number. net profit share. These decisions have Acting Chief, Regulations and Standards As part of our continuing effort to Branch. enormous monetary impact on both the reduce paperwork and respondent [FR Doc. 2020–18457 Filed 8–21–20; 8:45 am] lessee and the Federal government. burdens, we invite the public and other Royalty relief can lead to increased BILLING CODE 4310–VH–P Federal agencies to comment on new, production of natural gas and oil, proposed, revised, and continuing creating profits for lessees, and royalty DEPARTMENT OF THE INTERIOR collections of information. This helps us and tax revenues for the Federal assess the impact of our information government that they might not Bureau of Safety and Environmental collection requirements and minimize otherwise receive. We could not make Enforcement the public’s reporting burden. It also an informed decision without the helps the public understand our collection of information required by 30 information collection requirements and [Docket ID BSEE–2020–0011; EEEE500000 CFR part 203. 20XE1700DX EX1SF0000.EAQ000; OMB provide the requested data in the Title of Collection: 30 CFR part 203, Control Number 1014–0005] desired format. Relief or Reduction in Royalty Rates. We are especially interested in public OMB Control Number: 1014–0005. Agency Information Collection comment addressing the following: Form Number: None. Activities; Relief or Reduction in (1) Whether or not the collection of Type of Review: Extension of a Royalty Rates information is necessary for the proper currently approved collection. performance of the functions of the Respondents/Affected Public: AGENCY: Bureau of Safety and agency, including whether the Potential respondents include Federal Environmental Enforcement, Interior. information will have practical utility; OCS oil, gas, and sulfur lessees and/or ACTION: Notice of information collection; (2) The accuracy of our estimate of the operators and holders of pipeline rights- request for comment. burden for this collection of of-way. information, including the validity of Total Estimated Number of Annual SUMMARY: In accordance with the the methodology and assumptions used; Respondents: Currently there are Paperwork Reduction Act (PRA) of (3) Ways to enhance the quality, approximately 60 Oil and Gas Drilling 1995, the Bureau of Safety and utility, and clarity of the information to and Production Operators in the OCS. Environmental Enforcement (BSEE) be collected; and Not all the potential respondents will proposes to renew an information (4) How might the agency minimize submit information in any given year, collection. the burden of the collection of and some may submit multiple times.

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Total Estimated Number of Annual comments to the Department of the your entire comment—including your Responses: 28. Interior; Bureau of Safety and personal identifying information—may Estimated Completion Time per Environmental Enforcement; be made publicly available at any time. Response: Varies from 1 hour to 2,000 Regulations and Standards Branch; While you can ask us in your comment hours, depending on activity. ATTN: Nicole Mason; 45600 Woodland to withhold your personal identifying Total Estimated Number of Annual Road, Sterling, VA 20166. Please information from public review, we Burden Hours: 724. reference OMB Control Number 1014– cannot guarantee that we will be able to Respondent’s Obligation: Some 0023 in the subject line of your do so. responses are mandatory; while others comments. Abstract: This authority and are required to obtain or retain a benefit. FOR FURTHER INFORMATION CONTACT: To responsibility are among those Frequency of Collection: Submissions request additional information about delegated to BSEE. The regulations at 30 are generally on occasion. this ICR, contact Nicole Mason by email CFR 250, subpart C requirements Total Estimated Annual Nonhour at [email protected] or by telephone concern pollution prevention and Burden Cost: $27,950. at (703) 787–1607. control and are the subject of this An agency may not conduct, or collection. This request also covers any SUPPLEMENTARY INFORMATION: sponsor and a person is not required to In related Notices to Lessees and Operators respond to a collection of information accordance with the PRA and 5 CFR (NTLs) that BSEE issues to clarify, unless it displays a currently valid OMB 1320.8(d)(1), all information collections supplement, or provide additional control number. require approval under the PRA. We guidance on some aspects of our The authority for this action is the may not conduct, or sponsor and you regulations. Paperwork Reduction Act of 1995 (44 are not required to respond to a The information collected under U.S.C. 3501 et seq.). collection of information unless it Subpart C is used in our efforts to: displays a currently valid OMB control • Record the location of items lost Amy White, number. overboard to aid in recovery during site Acting Chief, Regulations and Standards As part of our continuing effort to clearance activities on the lease; Branch. reduce paperwork and respondent • conduct operations according to all [FR Doc. 2020–18455 Filed 8–21–20; 8:45 am] burdens, we invite the public and other applicable regulations, requirements, BILLING CODE 4310–VH–P Federal agencies to comment on new, and in a safe and workmanlike manner; proposed, revised, and continuing • properly handle for the protection collections of information. This helps us of OCS workers and the environment DEPARTMENT OF THE INTERIOR assess the impact of our information the discharge or disposal of drill collection requirements and minimize cuttings, sand, and other well solids, Bureau of Safety and Environmental the public’s reporting burden. It also Enforcement including those containing naturally helps the public understand our occurring radioactive materials (NORM); [Docket ID BSEE–2020–0013; EEEE500000 information collection requirements and and 20XE1700DX EX1SF0000.EAQ000; OMB provide the requested data in the • inspect facilities daily for the Control Number 1014–0023] desired format. prevention of pollution and ensure that We are especially interested in public any observed problems are corrected. Agency Information Collection comment addressing the following: Title of Collection: 30 CFR part 250, Activities; Pollution Prevention and (1) Whether or not the collection of subpart C, Pollution Prevention and Control information is necessary for the proper Control. performance of the functions of the AGENCY: Bureau of Safety and OMB Control Number: 1014–0023. Environmental Enforcement, Interior. agency, including whether the Form Number: None. information will have practical utility; Type of Review: Extension of a ACTION: Notice of Information (2) The accuracy of our estimate of the currently approved collection. Collection; request for comment. burden for this collection of Respondents/Affected Public: SUMMARY: In accordance with the information, including the validity of Potential respondents include Federal Paperwork Reduction Act (PRA) of the methodology and assumptions used; OCS oil, gas, and sulfur lessees and/or 1995, the Bureau of Safety and (3) Ways to enhance the quality, operators and holders of pipeline rights- Environmental Enforcement (BSEE) utility, and clarity of the information to of-way. proposes to renew an information be collected; and Total Estimated Number of Annual collection. (4) How might the agency minimize Respondents: Currently there are the burden of the collection of approximately 60 Oil and Gas Drilling DATES: Interested persons are invited to information on those who are to and Production Operators in the OCS. submit comments on or before October respond, including using appropriate Not all the potential respondents will 23, 2020. automated, electronic, mechanical, or submit information in any given year, ADDRESSES: Send your comments on other technological collection and some may submit multiple times. this information collection request (ICR) techniques or other forms of information Total Estimated Number of Annual by either of the following methods listed technology, e.g., permitting electronic Responses: 3,273. below: submission of response. Estimated Completion Time per • Electronically go to http:// Comments that you submit in Response: Varies from 1 hour to 134 www.regulations.gov. In the Search box, response to this notice are a matter of hours, depending on activity. enter BSEE–2020–0013 then click public record. We will include or Total Estimated Number of Annual search. Follow the instructions to summarize each comment in our request Burden Hours: 137,940. submit public comments and view all to OMB to approve this ICR. Before Respondent’s Obligation: Responses related materials. We will post all including your address, phone number, are mandatory. comments. email address, or other personal Frequency of Collection: Submissions • Email [email protected], fax identifying information in your are generally on occasion, weekly, and (703) 787–1546, or mail or hand-carry comment, you should be aware that daily.

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Total Estimated Annual Nonhour terminal on (202) 205–1810. Persons Loctek Ergonomic Technology Burden Cost: None. with mobility impairments who will Corporation No. 588, Qihang South An agency may not conduct, or need special assistance should contact Road, Yinzhou Economic sponsor and a person is not required to the Office of the Secretary at (202) 205– Development Zone, Zhanqi Town, respond to a collection of information 2000. General information concerning Yinzhou District, Ningbo City, unless it displays a currently valid OMB the Commission may also be obtained Zhejiang Province, China 315191 control number. by accessing its internet server at Zhejiang Loctek Smart Drive The authority for this action is the https://www.usitc.gov. Technology Co., Ltd., Science & Paperwork Reduction Act of 1995 (44 FOR FURTHER INFORMATION CONTACT: Technology Zone, Jiangshan Town, U.S.C. 3501 et seq.). Pathenia M. Proctor, The Office of Yinzhou District, Ningbo City, Amy White, Unfair Import Investigations, U.S. Zhejiang Province, China 315191 International Trade Commission, Acting Chief, Regulations and Standards Amazon Import Inc., 9910 Baldwin Branch. telephone (202) 205–2560. Place, El Monte, CA 91731 SUPPLEMENTARY INFORMATION [FR Doc. 2020–18452 Filed 8–21–20; 8:45 am] : Stand Steady Company, LLC, 5724 Authority: The authority for BILLING CODE 4310–VH–P Highway 280 East, Birmingham, AL institution of this investigation is 35242 contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. (c) The Office of Unfair Import INTERNATIONAL TRADE 1337, and in § 210.10 of the Investigations, U.S. International Trade COMMISSION Commission’s Rules of Practice and Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and [Investigation No. 337–TA–1214] Procedure, 19 CFR 210.10 (2020). Scope of Investigation: Having (4) For the investigation so instituted, Certain Height-Adjustable Desk considered the complaint, the U.S. the Chief Administrative Law Judge, Platforms and Components Thereof; International Trade Commission, on U.S. International Trade Commission, Institution of Investigation August 17, 2020, Ordered That— shall designate the presiding (1) Pursuant to subsection (b) of Administrative Law Judge. AGENCY: International Trade section 337 of the Tariff Act of 1930, as Responses to the complaint and the Commission. amended, an investigation be instituted notice of investigation must be ACTION: Notice. to determine whether there is a submitted by the named respondents in violation of subsection (a)(1)(B) of accordance with § 210.13 of the SUMMARY: Notice is hereby given that a section 337 in the importation into the Commission’s Rules of Practice and complaint was filed with the U.S. United States, the sale for importation, Procedure, 19 CFR 210.13. Pursuant to International Trade Commission on July or the sale within the United States after 19 CFR 201.16(e) and 210.13(a), as 20, 2020, under section 337 of the Tariff importation of certain products amended in 85 FR 15798 (March 19, Act of 1930, as amended, on behalf of identified in paragraph (2) by reason of 2020), such responses will be Versa Products Inc. of Los Angeles, infringement of one or more of claims considered by the Commission if California. Supplements to the 1–4 of the ’336 Patent, and whether an received not later than 20 days after the complaint were filed on July 22, July 31, industry in the United States exists as date of service by the complainant of the and August 7, 2020. The complaint, as required by subsection (a)(2) of section complaint and the notice of supplemented, alleges violations of 337; investigation. Extensions of time for section 337 based upon the importation (2) Pursuant to § 210.10(b)(1) of the submitting responses to the complaint into the United States, the sale for Commission’s Rules of Practice and and the notice of investigation will not importation, and the sale within the Procedure, 19 CFR 210.10(b)(1), the be granted unless good cause therefor is United States after importation of plain language description of the shown. certain height-adjustable desk platforms accused products or category of accused Failure of a respondent to file a timely and components thereof by reason of products, which defines the scope of the infringement of certain claims of U.S. response to each allegation in the investigation, is ‘‘desk platform that sits complaint and in this notice may be Patent No. 10,485,336 (‘‘the ’336 on an existing desk or work surface and Patent’’). The complaint further alleges deemed to constitute a waiver of the can be adjusted to different heights right to appear and contest the that an industry in the United States using an electric mechanism’’; exists as required by the applicable allegations of the complaint and this (3) For the purpose of the notice, and to authorize the Federal Statute. The complainant investigation so instituted, the following requests that the Commission institute administrative law judge and the are hereby named as parties upon which Commission, without further notice to an investigation and, after the this notice of investigation shall be investigation, issue a general exclusion the respondent, to find the facts to be as served: alleged in the complaint and this notice order, or in the alternative a limited (a) The complainant is: and to enter an initial determination exclusion order, and cease and desist Versa Products Inc., 14105 Avalon orders. and a final determination containing Blvd., Los Angeles, CA 90061–2637 such findings, and may result in the ADDRESSES: The complaint, except for (b) The respondents are the following issuance of an exclusion order or a cease any confidential information contained entities alleged to be in violation of and desist order or both directed against therein, may be viewed on the section 337, and are the parties upon the respondent. Commission’s electronic docket (EDIS) which the complaint is to be served: By order of the Commission. at https://edis.usitc.gov. For help Varidesk LLC, 1221 Belt Line Rd. #500, Issued: August 18, 2020. accessing EDIS, please email Coppell, TX 75019 [email protected]. Hearing impaired CKNAPP Sales, Inc., 195 E. Martin Dr., Lisa Barton, individuals are advised that information Goodfield, IL 61742 Secretary to the Commission. on this matter can be obtained by Loctek, Inc., 6475 Las Positas Rd., [FR Doc. 2020–18388 Filed 8–21–20; 8:45 am] contacting the Commission’s TDD Livermore, CA 94551 BILLING CODE 7020–02–P

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INTERNATIONAL TRADE SUPPLEMENTARY INFORMATION: Scope.— Ellwood City Forge Company, Ellwood COMMISSION For purposes of these investigations, Quality Steels Company, and Ellwood Commerce has defined the subject National Steel Company (collectively [Investigation Nos. 701–TA–632–635 and merchandise as ‘‘forged steel fluid end the ‘‘Ellwood Group’’), Ellwood City, 731–TA–1466–1468 (Final)] blocks (fluid end blocks), whether in Pennsylvania; A. Finkl & Sons (‘‘Finkl finished or unfinished form, and which Steel’’), Chicago, Illinois; and FEB Fair Fluid End Blocks From China, are typically used in the manufacture or Trade Coalition (an ad hoc coalition Germany, India, and Italy; Scheduling service of hydraulic pumps. The term whose members include the Forging of the Final Phase of Countervailing ‘forged’ is an industry term used to Industry Association, the Ellwood Duty and Anti-Dumping Duty describe the grain texture of steel Group, and Finkl Steel), Cleveland, Investigations resulting from the application of Ohio. localized compressive force. Illustrative For further information concerning AGENCY: United States International forging standards include, but are not the conduct of this phase of the Trade Commission. limited to, American Society for Testing investigations, hearing procedures, and ACTION: Notice. and Materials (ASTM) specifications rules of general application, consult the A668 and A788. For purposes of this Commission’s Rules of Practice and SUMMARY: The Commission hereby gives investigation, the term ‘steel’ denotes Procedure, part 201, subparts A and B notice of the scheduling of the final metal containing the following chemical (19 CFR part 201), and part 207, phase of antidumping and elements, by weight: (i) Iron greater than subparts A and C (19 CFR part 207). countervailing duty investigation Nos. or equal to 60 percent; (ii) nickel less Although Commerce has 701–TA–632–635 and 731–TA–1466– than or equal to 8.5 percent; (iii) copper preliminarily determined that imports 1468 (Final) pursuant to the Tariff Act less than or equal to 6 percent; (iv) of fluid end blocks from India are not of 1930 (‘‘the Act’’) to determine chromium greater than or equal to 0.4 being and are not likely to be sold in the whether an industry in the United percent, but less than or equal to 20 United States at less than fair value, for States is materially injured or percent; and (v) molybdenum greater purposes of efficiency the Commission threatened with material injury, or the than or equal to 0.15 percent, but less hereby waives rule 207.21(b) 2 so that establishment of an industry in the than or equal to 3 percent. Illustrative the final phase of the investigations may United States is materially retarded, by steel standards include, but are not proceed concurrently in the event that reason of imports of fluid end blocks limited to, American Iron and Steel Commerce makes a final affirmative from China, Germany, India, and Italy, Institute (AISI) or Society of Automotive determination with respect to such provided for in subheadings 7218.91.00, Engineers (SAE) grades 4130, 4135, imports. 7218.99.00, 7224.90.00, 7326.19.00, 4140, 4320, 4330, 4340, 8630, 15–5, 17– Participation in the investigations and 7326.90.86, and 8413.91.90 of the 4, F6NM, F22, F60, and XM25, as well public service list.—Persons, including Harmonized Tariff Schedule of the 1 as modified varieties of these grades.’’ industrial users of the subject United States. The Department of The products included in the scope of merchandise and, if the merchandise is Commerce (‘‘Commerce’’) has these investigations may enter under sold at the retail level, representative preliminarily determined imports of Harmonized Tariff Schedule of the consumer organizations, wishing to fluid end blocks from China, Germany, United States (HTSUS) subheadings participate in the final phase of these India, and Italy to be subsidized and 7218.91.0030, 7218.99.0030, investigations as parties must file an imports of fluid end blocks from 7224.90.0015, 7224.90.0045, entry of appearance with the Secretary Germany and Italy to be sold at less- 7326.19.0010, 7326.90.8688, or to the Commission, as provided in than-fair-value. In addition, Commerce 8413.91.9055. While these HTSUS § 201.11 of the Commission’s rules, no has made a preliminary negative subheadings are provided for later than 21 days prior to the hearing determination of sales at less-than-fair convenience and customs purposes, the date specified in this notice. A party value in the antidumping duty written description of the scope of the that filed a notice of appearance during investigation of fluid end blocks from investigations is dispositive. the preliminary phase of the India. Background.—The final phase of investigations need not file an DATES: July 23, 2020. these investigations is being scheduled additional notice of appearance during pursuant to sections 705(b) and 731(b) FOR FURTHER INFORMATION CONTACT: this final phase. The Secretary will of the Tariff Act of 1930 (19 U.S.C. maintain a public service list containing Kristina Lara ((202) 205–3386), Office of 1671d(b) and 1673d(b)), as a result of Investigations, U.S. International Trade the names and addresses of all persons, affirmative preliminary determinations or their representatives, who are parties Commission, 500 E Street SW, by Commerce that certain benefits Washington, DC 20436. Hearing- to the investigations. which constitute subsidies within the Please note the Secretary’s Office will impaired persons can obtain meaning of § 703 of the Act (19 U.S.C. information on this matter by contacting accept only electronic filings during this 1671b) are being provided to time. Filings must be made through the the Commission’s TDD terminal on 202– manufacturers, producers, or exporters 205–1810. Persons with mobility Commission’s Electronic Document in China, Germany, India, and Italy of Information System (EDIS, https:// impairments who will need special fluid end blocks, and that such products assistance in gaining access to the edis.usitc.gov.) No in-person paper- from Germany and Italy are being sold based filings or paper copies of any Commission should contact the Office in the United States at less than fair of the Secretary at 202–205–2000. electronic filings will be accepted until value within the meaning of § 733 of the further notice. General information concerning the Act (19 U.S.C. 1673b). The Commission may also be obtained by investigations were requested in 2 accessing its internet server (https:// petitions filed on December 19, 2019, by § 207.21(b) of the Commission’s rules provides www.usitc.gov). The public record for that, where Commerce has issued a negative preliminary determination, the Commission will these investigations may be viewed on 1 For a complete definition, please see publish a Final Phase Notice of Scheduling upon the Commission’s electronic docket Commerce’s scope in 85 FR 44500, 85 FR 44513, receipt of an affirmative final determination from (EDIS) at https://edis.usitc.gov. or 85 FR 44517, July 23, 2020. Commerce.

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Limited disclosure of business provisions of § 207.23 of the Issued: August 18, 2020. proprietary information (BPI) under an Commission’s rules; the deadline for Lisa Barton, administrative protective order (APO) filing is November 17, 2020. Parties Secretary to the Commission. and BPI service list.—Pursuant to should file written testimony in [FR Doc. 2020–18443 Filed 8–21–20; 8:45 am] § 207.7(a) of the Commission’s rules, the connection with their presentation at BILLING CODE 7020–02–P Secretary will make BPI gathered in the the hearing, as provided in § 207.24 of final phase of these investigations the Commission’s rules and provided in available to authorized applicants under hearing procedures, and posthearing INTERNATIONAL TRADE the APO issued in the investigations, briefs, which must conform with the COMMISSION provided that the application is made provisions of § 207.25 of the no later than 21 days prior to the Commission’s rules. The deadline for [Investigation No. 337–TA–1199] hearing date specified in this notice. filing posthearing briefs is December 10, Certain Tobacco Heating Articles and Authorized applicants must represent 2020. In addition, any person who has Components Thereof; Commission interested parties, as defined by 19 not entered an appearance as a party to Determination Not to Review an Initial U.S.C. 1677(9), who are parties to the the investigations may submit a written Determination Granting Complainants’ investigations. A party granted access to statement of information pertinent to Motion for Leave to Amend the BPI in the preliminary phase of the the subject of the investigations, Complaint and Notice of Investigation investigations need not reapply for such including statements of support or access. A separate service list will be opposition to the petition, on or before AGENCY: U.S. International Trade maintained by the Secretary for those December 10, 2020. On December 28, Commission. parties authorized to receive BPI under 2020, the Commission will make ACTION: Notice. the APO. available to parties all information on Staff report.—The prehearing staff which they have not had an opportunity SUMMARY: Notice is hereby given that report in the final phase of these to comment. Parties may submit final the U.S. International Trade investigations will be placed in the comments on this information on or Commission has determined not to nonpublic record on November 9, 2020, before December 30, 2020, but such review an initial determination (‘‘ID’’) and a public version will be issued final comments must not contain new (Order No. 9) of the presiding thereafter, pursuant to § 207.22 of the factual information and must otherwise administrative law judge (‘‘ALJ’’) Commission’s rules. comply with § 207.30 of the granting the complainants’ motion for Hearing.—The Commission will hold Commission’s rules. All written leave to amend the complaint and a hearing in connection with the final submissions must conform with the notice of investigation. phase of these investigations beginning provisions of § 201.8 of the FOR FURTHER INFORMATION CONTACT: at 9:30 a.m. on Tuesday, December 1, Commission’s rules; any submissions Lynde Herzbach, Office of the General 2020. Information about the place and that contain BPI must also conform with Counsel, U.S. International Trade form of the hearing, including about the requirements of §§ 201.6, 207.3, and Commission, 500 E Street SW, how to participate in and/or view the 207.7 of the Commission’s rules. The Washington, DC 20436, telephone (202) hearing, will be posted on the Commission’s Handbook on Filing 205–3228. Copies of non-confidential Commission’s website at https:// Procedures, available on the documents filed in connection with this www.usitc.gov/calendarpad/ Commission’s website at https:// investigation may be viewed on the calendar.html. Interested parties should www.usitc.gov/documents/handbook_ check the Commission’s website Commission’s electronic docket (EDIS) on_filing_procedures.pdf, elaborates periodically for updates. at https://edis.usitc.gov. For help Requests to appear at the hearing upon the Commission’s procedures with accessing EDIS, please email should be filed in writing with the respect to filings. [email protected]. General Secretary to the Commission on or Additional written submissions to the information concerning the Commission before November 24, 2020. A nonparty Commission, including requests may also be obtained by accessing its who has testimony that may aid the pursuant to § 201.12 of the internet server at https://www.usitc.gov. Commission’s deliberations may request Commission’s rules, shall not be Hearing-impaired persons are advised permission to present a short statement accepted unless good cause is shown for that information on this matter can be at the hearing. All parties and accepting such submissions, or unless obtained by contacting the nonparties desiring to appear at the the submission is pursuant to a specific Commission’s TDD terminal on (202) hearing and make oral presentations request by a Commissioner or 205–1810. should participate in a prehearing Commission staff. SUPPLEMENTARY INFORMATION: On May conference to be held on November 30, In accordance with §§ 201.16(c) and 15, 2020, the Commission instituted this 2020, at the U.S. International Trade 207.3 of the Commission’s rules, each investigation under section 337 of the Commission Building, if deemed document filed by a party to the Tariff Act of 1930, as amended, 19 necessary. Oral testimony and written investigations must be served on all U.S.C. 1337 (‘‘section 337’’), based on a materials to be submitted at the public other parties to the investigations (as complaint filed by RAI Strategic hearing are governed by §§ 201.6(b)(2), identified by either the public or BPI Holdings, Inc., R.J. Reynolds Vapor 201.13(f), and 207.24 of the service list), and a certificate of service Company, and R.J. Reynolds Tobacco Commission’s rules. Parties must submit must be timely filed. The Secretary will Company, all of Winston-Salem, North any request to present a portion of their not accept a document for filing without Carolina (collectively, ‘‘Complainants’’). hearing testimony in camera no later a certificate of service. See 85 FR 29482–83. The complaint, as than 7 business days prior to the date of Authority: These investigations are supplemented, alleges a violation of the hearing. being conducted under authority of title section 337 based upon the importation Written submissions.—Each party VII of the Tariff Act of 1930; this notice of certain tobacco heating articles and who is an interested party shall submit is published pursuant to § 207.21 of the components thereof by reason of a prehearing brief to the Commission. Commission’s rules. infringement of certain claims of U.S. Prehearing briefs must conform with the By order of the Commission. Patent Nos. 9,839,238; 9,901,123; and

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9,930,915 (‘‘the ’915 patent’’). The ACTION: Notice. to determine whether there is a complaint also alleges the existence of violation of subsection (a)(1)(B) of a domestic industry. The notice of SUMMARY: Notice is hereby given that a section 337 in the importation into the investigation names five respondents: complaint was filed with the U.S. United States, the sale for importation, Altria Client Services LLC, Altria Group, International Trade Commission on July or the sale within the United States after Inc., and Philip Morris USA, Inc., all of 17, 2020, under section 337 of the Tariff importation of certain products Richmond, Virginia; Philip Morris Act of 1930, as amended, on behalf of identified in paragraph (2) by reason of International Inc. of New York, New Maxell, Ltd. of Japan. The complaint infringement of one or more of claims 9 York; and Philip Morris Products S.A. of alleges violations of section 337 based and 10 of the ’517 patent; claims 1–4 of Neuchatel, Switzerland (collectively, upon the importation into the United the ’086 patent; claims 1, 4, 6, and 7 of ‘‘Respondents’’). See id. The Office of States, the sale for importation, and the the ’821 patent; claims 1–10 of the ’590 Unfair Import Investigations (‘‘OUII’’) is sale within the United States after patent; and claims 8, 10–13, and 15–20 also a party to the investigation. See id. importation of certain mobile electronic of the ’848 patent, and whether an On July 13, 2020, Complainants filed devices and laptop computers by reason industry in the United States exists as a motion seeking leave to amend the of infringement of certain claims of U.S. required by subsection (a)(2) of section complaint and notice of investigation to Patent No. 7,203,517 (‘‘the ’517 patent’’); 337; add allegations that Respondents U.S. Patent No. 8,982,086 (‘‘the ’086 (2) Pursuant to section 210.10(b)(1) of infringe claim 3 of the ’915 patent. On patent’’); U.S. Patent No. 7,199,821 (‘‘the the Commission’s Rules of Practice and July 23, 2020, Respondents filed an ’821 patent’’); U.S. Patent No. Procedure, 19 CFR 210.10(b)(1), the opposition. That same day, OUII filed a 10,129,590 (‘‘the ’590 patent’’); and U.S. plain language description of the response supporting Complainants’ Patent No. 10,176,848 (‘‘the ’848 accused products or category of accused motion. On July 27, 2020, Complainants patent’’). The complaint further alleges products, which defines the scope of the filed a motion seeking leave to submit that an industry in the United States investigation, is ‘‘mobile devices, a reply brief in support of its motion. exists as required by the applicable tablets, smartwatches, and laptop The subject ID grants the motion for Federal Statute. The complainant computers sold under the Apple brand leave and Complainants’ reply is requests that the Commission institute name’’; deemed filed. an investigation and, after the (3) For the purpose of the On July 29, 2020, the ALJ issued the investigation, issue a limited exclusion investigation so instituted, the following subject ID (Order No. 9) granting order and a cease and desist order. are hereby named as parties upon which Complainants’ motion for leave to ADDRESSES: The complaint, except for this notice of investigation shall be amend the complaint and notice of any confidential information contained served: investigation. Order No. 9 (July 29, therein, may be viewed on the (a) The complainant is: 2020). The subject ID finds that Commission’s electronic docket (EDIS) Maxell, Ltd., 1 Koizumi, Oyamazaki, Complainants’ motion is supported by at https://edis.usitc.gov. For help Oyamazaki-cho, Otokuni-gun, Kyoto, good cause pursuant to Commission accessing EDIS, please email Japan Rule 210.14(b) (19 CFR 210.14(b)) and [email protected]. Hearing impaired (b) The respondent is the following that there is no prejudice if the motion individuals are advised that information is granted. No party petitioned for entity alleged to be in violation of on this matter can be obtained by section 337, and is the party upon review of the subject ID. contacting the Commission’s TDD The Commission has determined not which the complaint is to be served: terminal on (202) 205–1810. Persons to review the subject ID. Apple Inc., One Apple Park Way, The Commission vote for this with mobility impairments who will Cupertino, CA 95014 need special assistance in gaining access determination took place on August 18, (c) The Office of Unfair Import to the Commission should contact the 2020. Investigations, U.S. International Trade Office of the Secretary at (202) 205– The authority for the Commission’s Commission, 500 E Street SW, Suite 2000. General information concerning determination is contained in section 401, Washington, DC 20436; and 337 of the Tariff Act of 1930, as the Commission may also be obtained (4) For the investigation so instituted, amended (19 U.S.C. 1337), and in Part by accessing its internet server at the Chief Administrative Law Judge, 210 of the Commission’s Rules of https://www.usitc.gov. U.S. International Trade Commission, Practice and Procedure (19 CFR part FOR FURTHER INFORMATION CONTACT: shall designate the presiding 210). Pathenia Proctor, Office of Unfair Administrative Law Judge. By order of the Commission. Import Investigations, U.S. International Responses to the complaint and the Issued: August 18, 2020. Trade Commission, telephone (202) notice of investigation must be Lisa Barton, 205–2560. submitted by the named respondent in Secretary to the Commission. SUPPLEMENTARY INFORMATION: accordance with section 210.13 of the [FR Doc. 2020–18477 Filed 8–21–20; 8:45 am] Authority: The authority for Commission’s Rules of Practice and institution of this investigation is Procedure, 19 CFR 210.13. Pursuant to BILLING CODE 7020–02–P contained in section 337 of the Tariff 19 CFR 201.16(e) and 210.13(a), as Act of 1930, as amended, 19 U.S.C. amended in 85 FR 15798 (March 19, INTERNATIONAL TRADE 1337, and in section 210.10 of the 2020), such responses will be COMMISSION Commission’s Rules of Practice and considered by the Commission if Procedure, 19 CFR 210.10 (2020). received not later than 20 days after the [Investigation No. 337–TA–1215] Scope of Investigation: Having date of service by the complainant of the Certain Mobile Electronic Devices and considered the complaint, the U.S. complaint and the notice of Laptop Computers; Institution of International Trade Commission, on investigation. Extensions of time for Investigation August 18, 2020, Ordered that— submitting responses to the complaint (1) Pursuant to subsection (b) of and the notice of investigation will not AGENCY: U.S. International Trade section 337 of the Tariff Act of 1930, as be granted unless good cause therefor is Commission. amended, an investigation be instituted shown.

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Failure of the respondent to file a investigation may be viewed on the Respondents and any of their affiliated timely response to each allegation in the Commission’s electronic docket (EDIS) companies, parents, subsidiaries, and complaint and in this notice may be at https://edis.usitc.gov. For help related business entities, successors or deemed to constitute a waiver of the accessing EDIS, please email assigns. right to appear and contest the [email protected]. General On February 18, 2020, the allegations of the complaint and this information concerning the Commission Commission determined not to review notice, and to authorize the may also be obtained by accessing its an ID granting Hyundai’s unopposed administrative law judge and the internet server at https://www.usitc.gov. motion for summary determination that Commission, without further notice to Hearing-impaired persons are advised Hyundai satisfies the domestic industry the respondent, to find the facts to be as that information on this matter can be requirement of section 337. Order No. alleged in the complaint and this notice obtained by contacting the 26 (Jan. 16, 2020), not reviewed, and to enter an initial determination Commission’s TDD terminal on (202) Comm’n Notice (Feb. 18, 2020). and a final determination containing 205–1810. On March 26, 2020, the Commission determined not to review an ID granting such findings, and may result in the SUPPLEMENTARY INFORMATION: On June 7, a joint motion by Hyundai and DTI to issuance of an exclusion order or a cease 2019, the Commission instituted the terminate the investigation as to DTI and desist order or both directed against above-referenced investigation based on based on a consent order. Order No. 36 the respondent. a complaint filed by Hyundai Motor (Mar. 5, 2020), not reviewed, Comm’n America, Inc. of Fountain Valley, By order of the Commission. Notice (Mar. 26, 2020). The Commission Issued: August 19, 2020. California and Hyundai Motor Company concurrently issued a consent order of Seoul, Republic of Korea Lisa Barton, directed to DTI, found that Hyundai’s (collectively, ‘‘Hyundai’’). 84 FR 26703– Secretary to the Commission. January 24, 2020 declaration for 04 (June 7, 2019). The complaint alleges [FR Doc. 2020–18537 Filed 8–21–20; 8:45 am] immediate relief against the Defaulting a violation of 19 U.S.C. 1337, as BILLING CODE 7020–02–P Respondents was moot, and requested amended (‘‘Section 337’’), in the briefing on the issues of remedy, importation, sale for importation, or sale bonding, and the public interest with in the United States after importation of INTERNATIONAL TRADE respect to the Defaulting Respondents. certain gray market Hyundai parts in the COMMISSION Comm’n Notice, 2–3 (Mar. 26, 2020). categories of belts, body exterior and [Investigation No. 337–TA–1160] On April 9, 2020, Hyundai filed the interior parts, brakes, wheel hubs, sole response to the Commission’s Certain Replacement Automotive cooling system parts, drivetrain parts, request for briefing. No replies or other Service and Collision Parts and electrical parts, emission parts, engine submissions were received. Components Thereof; Commission parts, exhaust parts, fuel/air pumps, oil/ Upon review of the record, and in the Determination To Issue a Limited air/cabin air filters and parts, heat and absence of any response from the Exclusion Order and Cease and Desist A/C parts, ignition parts, steering parts, Defaulting Respondents or from other Orders Against Defaulting suspension parts, transmission parts, interested persons or government Respondents; Termination of the wheels and parts, wiper and washer agencies, and having concluded that it Investigation parts, and accessories that infringe one would not be contrary to the public or more of Hyundai’s U.S. Trademark interest to do so, the Commission has AGENCY: U.S. International Trade Registration Nos. 1,104,727; 3,991,863; determined to issue a limited exclusion Commission. 1,569,538; and 4,065,195. Id. at 26704. order and cease and desist orders ACTION: Notice. The complaint further alleges that a against the Defaulting Respondents. The domestic industry exists in the United Commission has further determined to SUMMARY: Notice is hereby given that States. Id. set a bond in the amount of one the U.S. International Trade The Commission’s notice of hundred (100) percent of the entered Commission (the ‘‘Commission’’) has investigation named Direct value of the covered products. determined to issue a limited exclusion Technologies International, Inc. (‘‘DTI’’) The investigation is hereby order and cease and desist orders of North Miami Beach, Florida; AJ Auto terminated. against the following respondents found Spare Parts FZE (‘‘AJ Auto’’) and John While temporary remote operating in default in this investigation: AJ Auto Auto Spare Parts Co. LLC (‘‘John Auto’’), procedures are in place in response to Spare Parts FZE of Dubai, United Arab both of Dubai, United Arab Emirates; COVID–19, the Office of the Secretary is Emirates; John Auto Spare Parts Co. LLC and Cuong Anh Co. Ltd. (‘‘Cuong Anh’’) not able to serve parties that have not of Dubai, United Arab Emirates; and of Ninh Binh Province, Vietnam as retained counsel or otherwise provided Cuong Anh Co. Ltd. of Ninh Binh respondents. The Office of Unfair a point of contact for electronic service. Province, Vietnam (collectively, ‘‘the Import Investigations was not named as Accordingly, pursuant to Commission Defaulting Respondents’’). The a party to this investigation. Rules 201.16(a) and 210.7(a)(1) (19 CFR Commission has also determined to On November 25, 2019, the 201.16(a), 210.7(a)(1)), the Commission impose a bond equal to one hundred Commission determined not to review orders that the Hyundai complete (100) percent of the entered value of the an initial determination (‘‘ID’’) granting service for any party/parties without a infringing products imported during the Hyundai’s unopposed motion to find method of electronic service noted on period of Presidential review. The respondents AJ Auto, John Auto, and the attached Certificate of Service and investigation is hereby terminated. Cuong Anh (collectively, the shall file proof of service on the FOR FURTHER INFORMATION CONTACT: ‘‘Defaulting Respondents’’) in default. Electronic Document Information Benjamin S. Richards, Esq., Office of the Order No. 17 (Nov. 5, 2019), not System (EDIS). General Counsel, U.S. International reviewed, Comm’n Notice (Nov. 25, The Commission vote for this Trade Commission, 500 E Street SW, 2019). Thereafter, on January 24, 2020, determination took place on August 18, Washington, DC 20436, telephone (202) Hyundai filed a declaration seeking 2020. 708–5453. Copies of non-confidential immediate entry of a limited exclusion The authority for the Commission’s documents filed in connection with this order against the Defaulting determination is contained in Section

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337 of the Tariff Act of 1930, as —Evaluate whether and if so how the Eligibility is dependent on several amended (19 U.S.C. 1337), and in part quality, utility, and clarity of the factors, including Public Safety Officer 210 of the Commission’s Rules of information to be collected can be status, an injury sustained in the line of Practice and Procedure (19 CFR part enhanced; and duty, and the claimant status in the 210). —Minimize the burden of the collection beneficiary hierarchy according to the By order of the Commission. of information on those who are to PSOB Act. In addition, information to respond, including through the use of Issued: August 18, 2020. help the PSOB Office identify an appropriate automated, electronic, individual is collected, such as a Social Lisa Barton, mechanical, or other technological Security number for the Public Safety Secretary to the Commission. collection techniques or other forms Officer, telephone numbers, and email [FR Doc. 2020–18446 Filed 8–21–20; 8:45 am] of information technology, e.g., addresses. BILLING CODE 7020–02–P permitting electronic submission of • Public Safety Officer Disability responses. Benefits Application: BJA’s Public Overview of this information Safety Officers’ Benefits (PSOB) Office DEPARTMENT OF JUSTICE collection: will use the PSOB Disability 1. Type of Information Collection: [OMB Number: 1121–0220] Application information to confirm the Extension, without change, of a eligibility of applicants to receive Public Agency Information Collection currently approved collection. Safety Officers’ Disability Benefits. Activities; Proposed eCollection 2. The Title of the Form/Collection: Eligibility is dependent on several eComments Requested; Extension Public Safety Officers’ Benefits (PSOB) factors, including Public Safety Officer without Change, of a Previously Program Applications Package status, injury sustained in the line of Approved Collection (including currently approved duty, and the total and permanent collections: Public Safety Officers’ nature of the line of duty injury. In AGENCY: Office of Justice Programs, Death Benefits Applications (1121–0024 addition, information to help the PSOB Department of Justice. and 1121–0025), Public Safety Officers’ Office identify individuals is collected, ACTION: 60-day notice. Disability Benefits Application (1121– such as Social Security number for the 0166), Public Safety Officers’ Public Safety Officer, telephone SUMMARY: The Department of Justice, Educational Assistance Application numbers, and email addresses. Office of Justice Programs, Bureau of (1121–0220), and a new form titled: • Public Safety Officer Educational Justice Assistance is submitting the Public Safety Officers’ Appeal Request Assistance Application: BJA’s Public following information collection request Application.). Safety Officers’ Benefits (PSOB) Office to the Office of Management and Budget 3. The agency form number, if any, will use the Public Safety Officer (OMB) for review and approval in and the applicable component of the Educational Assistance Application accordance with the Paperwork Department sponsoring the collection: information to confirm the eligibility of Reduction Act of 1995. None. The application for this program applicants to receive Public Safety DATES: The Department of Justice can be accessed online at: https:// Officer Educational Assistance benefits. encourages public comment and will psob.bja.ojp.gov/. The Bureau of Justice Eligibility is dependent on several accept input until October 23, 2020. Assistance, in the Office of Justice factors, including the applicant having FOR FURTHER INFORMATION CONTACT: If Programs serves as the hosting received or being eligible to receive a you have additional comments component. portion of the PSOB Death Benefit, or especially on the estimated public 4. Affected public who will be asked having a spouse or parent who received burden or associated response time, or required to respond, as well as a brief the PSOB Disability Benefit. Also suggestions, or need a copy of the abstract: Public Safety Officers who considered are the applicant’s age and proposed information collection were permanently and totally disabled the schools being attended. In addition, instrument with instructions or in the line of duty; eligible survivors of information to help BJA identify an additional information, please contact Public Safety Officers who were killed individual is collected, such as contact Hope Janke, Attorney Advisor, Office of in the line of duty; eligible spouses and numbers and email addresses. Justice Programs, Bureau of Justice children who receive PSOB death • Public Safety Officer Appeal Assistance, 810 Seventh Street NW, benefits, or whose spouse or parent Request Application: BJA’s Public Washington, DC 20531, Hope.D.Janke@ received the PSOB disability benefit. Safety Officers’ Benefits (PSOB) Office ojp.usdoj.gov, 202–307–2858. Abstract: BJA’s Public Safety Officers’ will use the Public Safety Officer SUPPLEMENTARY INFORMATION: Written Benefits (PSOB) Office will use the Appeal Request Application comments and suggestions from the Public Safety Officers’ Benefits Program information to confirm the eligibility of public and affected agencies concerning Applications Package (including: The applicants who wish to appeal a the proposed collection of information Public Safety Officers’ Death Benefits previous Public Safety Officers’ Death are encouraged. Your comments should Application, the Public Safety Officers’ and Disability Benefit determination. address one or more of the following Disability Benefits Application, the Changes to the report form have been four points: Public Safety Officers’ Educational made in an effort to streamline the —Evaluate whether the proposed Assistance Application, the Public application process and eliminate collection of information is necessary Safety Officers’ Appeal Request requests for information that are either for the proper performance of the Application) to collect and confirm the irrelevant or already being collected by functions of the Bureau of Justice following: other means. Assistance, including whether the • Public Safety Officer Death Benefits 5. An estimate of the total number of information will have practical utility; Application: BJA’s Public Safety respondents and the amount of time —Evaluate the accuracy of the agency’s Officers’ Benefits (PSOB) Office will use estimated for an average respondent to estimate of the burden of the the Public Safety Officer Death Benefits respond: proposed collection of information, Application information to confirm the • Public Safety Officer Death Benefits including the validity of the eligibility of applicants to receive Public Application: An estimate of the total methodology and assumptions used; Safety Officers’ Death Benefits. number of respondents and the amount

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of time needed for an average Dated: August 19, 2020. —Minimize the burden of the collection respondent to respond is as follows: It Melody Braswell, of information on those who are to is estimated that no more than 350 Department Clearance Officer for PRA, U.S. respond, including through the use of respondents will apply a year. Each Department of Justice. appropriate automated, electronic, application takes approximately 360 [FR Doc. 2020–18546 Filed 8–21–20; 8:45 am] mechanical, or other technological minutes to complete. BILLING CODE 4410–18–P collection techniques or other forms • Public Safety Officer Disability of information technology, e.g., Benefits Application: An estimate of the permitting electronic submission of total number of respondents and the DEPARTMENT OF JUSTICE responses. Overview of this information amount of time needed for an average [OMB Number 1121–0319] respondent to respond is as follows: It collection: 1. Type of Information Collection: is estimated that no more than 100 Agency Information Collection Extension of an approved information respondents will apply a year. Each Activities; Proposed eCollection collection request. application takes approximately 300 eComments Requested; Extension, with Change, of a Previously Approved 2. The Title of the Form/Collection: minutes to complete. National Survey of Youth in Custody, • Public Safety Officer Educational Collection for which Approval has Expired: National Survey of Youth in 2017–2018. Assistance Application: It is estimated 3. The agency form number, if any, Custody, 2017–2018 that no more than 200 respondents will and the applicable component of the apply a year. Each application takes AGENCY: Bureau of Justice Statistics, Department sponsoring the collection: approximately 30 minutes to complete. Department of Justice. Form numbers not available at this time. • Public Safety Officer Appeal ACTION: 60-day notice. The Bureau of Justice Statistics, Office Request Application: It is estimated that of Justice Programs, Department of no more than 75 respondents will apply SUMMARY: The Department of Justice Justice is the sponsor for the collection. a year. Each application takes (DOJ), Office of Justice Programs, 4. Affected public who will be asked approximately 30 minutes to complete. Bureau of Justice Statistics, will be or required to respond, as well as a brief submitting the following information abstract: Primary: State, Local, or Tribal 6. An estimate of the total public collection request to the Office of Government. Other: Federal burden (in hours) associated with the Management and Budget (OMB) for Government, Business or other for- collection: review and approval in accordance with profit, Not-for-profit institutions. The • Public Safety Officer Death Benefits the Paperwork Reduction Act of 1995. work under this clearance will be used Application: An estimate of the total DATES: Comments are encouraged and to develop and implement surveys to public burden (in hours) associated with will be accepted for 60 days until produce estimates for the incidence and the collection: Total Annual Reporting October 23, 2020. prevalence of sexual assault within × Burden: 350 360 minutes per FOR FURTHER INFORMATION CONTACT: If juvenile correctional facilities as application = 126,000 minutes/by 60 you have additional comments required under the Prison Rape minutes per hour = 2,100 hours. especially on the estimated public Elimination Act of 2003 (Pub. L. 108– • Public Safety Officer Disability burden or associated response time, 79). Juvenile facility points of contact Benefits Application: An estimate of the suggestions, or need a copy of the will be asked to fill out an online survey total public burden (in hours) associated proposed information collection gathering facility-level characteristics. with the collection: Total Annual instrument with instructions or Sampled youth in custody will be asked Reporting Burden: 100 × 300 minutes additional information, please contact to complete an audio computer-assisted per application = 30,000 minutes/by 60 Jessica Stroop, Statistician, Bureau of self-interview about their experiences minutes per hour = 500 hours. Justice Statistics, 810 Seventh Street inside the facility. • Public Safety Officer Educational NW, Washington, DC 20531 (email: 5. An estimate of the total number of Assistance Application: The estimated [email protected]; telephone: respondents and the amount of time public burden associated with this 202–598–7610). estimated for an average respondent to collection is 100 hours. It is estimated SUPPLEMENTARY INFORMATION: Written respond: It is estimated that 354 facility that respondents will take 30 minutes to comments and suggestions from the points of contact will spend complete an application. The burden public and affected agencies concerning approximately one hour filling out the hours for collecting respondent data the proposed collection of information facility characteristics questionnaire. It sum to 100 hours (200 respondents × 0.5 are encouraged. Your comments should is estimated that 8,690 youth hours = 100 hours). address one or more of the following respondents will spend approximately 7 • Public Safety Officer Appeal four points: minutes going through the assent Request Application: An estimate of the —Evaluate whether the proposed process and 35 minutes on average total public burden (in hours) associated collection of information is necessary responding to the survey. 6. An estimate of the total public with the collection: Total Annual for the proper performance of the burden (in hours) associated with the Reporting Burden: 75 × 30 minutes per functions of the Bureau of Justice collection: There are an estimated application = 2,250 minutes/by 60 Statistics, including whether the 12,533 total burden hours associated minutes per hour = 37.5 hours. information will have practical utility; —Evaluate the accuracy of the agency’s with this collection (including gathering If additional information is required estimate of the burden of the facility-level information, obtaining contact: Melody Braswell, Department proposed collection of information, parental consent, administrative Clearance Officer, United States including the validity of the records, and roster processing). Department of Justice, Justice methodology and assumptions used; If additional information is required Management Division, Policy and —Evaluate whether and if so how the contact: Melody Braswell, Department Planning Staff, Two Constitution quality, utility, and clarity of the Clearance Officer, United States Square, 145 N Street NE, 3E.405A, information to be collected can be Department of Justice, Justice Washington, DC 20530. enhanced; and Management Division, Policy and

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Planning Staff, Two Constitution Peyser Act of 1933 (29 U.S.C. 491–2). available at www.dol.gov/agencies/eta/ Square, 145 N Street NE, 3E.405A, The WIAC is an important component wioa/wiac/meetings shortly before the Washington, DC 20530. of the Workforce Innovation and meetings commence. Dated: August 19, 2020. Opportunity Act. The WIAC is a Federal The Advisory Council will open the Advisory Committee of workforce and floor for public comment. The first Melody Braswell, labor market information experts opportunity for public comment is Department Clearance Officer for PRA, U.S. representing a broad range of national, expected to be at 3 p.m. EDT on Department of Justice. State, and local data and information September 10, 2020; however, that time [FR Doc. 2020–18548 Filed 8–21–20; 8:45 am] users and producers. The WIAC was may change at the WIAC chair’s BILLING CODE 4410–18–P established in accordance with discretion. Once the member provisions of the Federal Advisory discussion, public comment period, and Committee Act (FACA), as amended (5 discussion of next steps and new DEPARTMENT OF LABOR U.S.C. App.) and will act in accordance business has concluded, the meeting with the applicable provisions of FACA will adjourn. Employment and Training and its implementing regulation at 41 The full agenda for the meeting, and Administration CFR 102–3. The purpose of the WIAC is changes or updates to the agenda, will to provide recommendations to the be posted on the WIAC’s web page, Workforce Information Advisory www.dol.gov/agencies/eta/wioa/wiac/ Council (WIAC) Secretary of Labor, working jointly through the Assistant Secretary for meetings. AGENCY: Employment and Training Employment and Training and the Attending the meeting: Members of Administration, Labor. Commissioner of Labor Statistics, to the public who require reasonable ACTION: Notice of virtual meetings. address: (1) The evaluation and accommodations to attend the meeting improvement of the nationwide may submit requests for SUMMARY: Notice is hereby given that workforce and labor market information accommodations via email to the email the WIAC will meet for three days, (WLMI) system and statewide systems address indicated in the FOR FURTHER virtually. Information for public that comprise the nationwide system; INFORMATION CONTACT section with the attendance at the virtual meeting will be and (2) how the Department and the subject line ‘‘September 2020 WIAC posted at www.dol.gov/agencies/eta/ States will cooperate in the management Meeting Accommodations’’ by the date wioa/wiac/meetings several days prior of those systems. These systems include indicated in the DATES section. Please to the meeting date. The meeting will be programs to produce employment- include a specific description of the open to the public. related statistics and State and local accommodations requested and phone DATES: The meetings will take place workforce and labor market information. number or email address where you over a three day time period, beginning The Department of Labor anticipates may be contacted if additional Tuesday September 8, 2020, and ending the WIAC will accomplish its objectives information is needed to meet your Thursday September 10, 2020. The by: (1) Studying workforce and labor request. meetings will begin at 1 p.m. EDT and market information issues; (2) seeking Public statements: Organizations or conclude no later than 5 p.m. EDT on and sharing information on innovative members of the public wishing to each day. Public statements and approaches, new technologies, and data submit written statements may do so by requests for special accommodations or to inform employment, skills training, mailing them to the person and address to address the Advisory Council must be and workforce and economic indicated in the FOR FURTHER received by September 1, 2020. development decision making and INFORMATION CONTACT section by the date indicated in the DATES section or ADDRESSES: Information for public policy; and (3) advising the Secretary on transmitting them as email attachments attendance at the virtual meeting will be how the workforce and labor market in PDF format to the email address posted at www.dol.gov/agencies/eta/ information system can best support indicated in the FOR FURTHER wioa/wiac/meetings several days prior workforce development, planning, and INFORMATION CONTACT section with the to the meeting date. If problems arise program development. Additional subject line ‘‘September 2020 WIAC accessing the meeting, please contact information is available at www.dol.gov/ Meeting Public Statements’’ by the date Donald Haughton, Unit Chief in the agencies/eta/wioa/wiac/meetings. indicated in the DATES section. Division of National Programs, Tools, Purpose: The WIAC is currently in the process of identifying and reviewing Submitters may include their name and and Technical Assistance, Employment issues and aspects of the WLMI system contact information in a cover letter for and Training Administration, U.S. and statewide systems that comprise the mailed statements or in the body of the Department of Labor, at 202–693–2784. nationwide system and how the email for statements transmitted FOR FURTHER INFORMATION CONTACT: Department and the States will electronically. Relevant statements Steven Rietzke, Chief, Division of cooperate in the management of those received before the date indicated in the National Programs, Tools, and systems. As part of this process, the DATES section will be included in the Technical Assistance, Employment and Advisory Council meets to gather record of the meeting. No deletions, Training Administration, U.S. information and to engage in modifications, or redactions will be Department of Labor, Room C–4510, 200 deliberative and planning activities to made to statements received, as they are Constitution Ave. NW, Washington, DC facilitate the development and provision public records. Please do not include 20210; Telephone: 202–693–3912. Mr. of its recommendations to the Secretary personally identifiable information in Rietzke is the Designated Federal Officer in a timely manner. your public statement. for the WIAC. Agenda: Members will study and Requests to Address the Advisory SUPPLEMENTARY INFORMATION: discuss the current status of the WLMI Council: Members of the public or Background: This meeting is being system and begin to develop ideas for representatives of organizations wishing held pursuant to Sec. 308 of the improving the WLMI system. The to address the Advisory Council should Workforce Innovation and Opportunity committee may hear general information forward their requests to the contact Act of 2014 (WIOA) (Pub. L. 113–128), from subject matters experts in BLS and indicated in the FOR FURTHER which amends Sec. 15 of the Wagner- ETA. A detailed agenda will be INFORMATION CONTACT section, or contact

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the same by phone, by the date SUPPLEMENTARY INFORMATION: and to take advantage of more efficient indicated in the DATES section. Oral methods and procedures. Even given I. Background presentations will be limited to 10 such actions, mailing remains an minutes, time permitting, and shall The Quarterly Census of Employment important part of the survey. The BLS proceed at the discretion of the Council and Wages (QCEW) program is a developed a one-page letter rather than chair. Individuals with disabilities, or federal/state cooperative effort which mailing forms for ARS solicitation. This others who need special compiles monthly employment data, letter explains the purpose of the ARS accommodations, should indicate their quarterly wages data, and business and provides respondents with a unique needs along with their request. identification information from Web ID and password. Respondents are employers subject to state directed to the BLS online web John Pallasch, Unemployment Insurance (UI) laws. collection system to verify or to update Assistant Secretary for Employment and These data are collected from state their geographic and industry Training Administration. Quarterly Contribution Reports (QCRs) information. Additionally, BLS staff [FR Doc. 2020–18480 Filed 8–21–20; 8:45 am] submitted to State Workforce Agencies review selected, large multi-worksite BILLING CODE 4510–FN–P (SWAs). The states send micro-level national employers rather than employment and wages data, surveying these employers with supplemented with the names, traditional ARS forms. This central DEPARTMENT OF LABOR addresses, and business identification review reduces postage costs incurred Bureau of Labor Statistics information of these employers, to the by the states in sending letters or forms. BLS. The state data are used to create It also reduces respondent burden, as Information Collection Activities; the BLS sampling frame, known as the the selected employers do not have to Comment Request longitudinal QCEW data. return forms either. BLS continues to To ensure the continued accuracy of use a private contractor to handle AGENCY: Bureau of Labor Statistics, these data, the information supplied by various administrative aspects of the Department of Labor. employers must be periodically verified survey to reduce the costs associated ACTION: Notice of information collection; and updated. For this purpose, the with the ARS. This initiative is called request for comment. Annual Refiling Survey (ARS) is used in the Centralized Annual Refiling Survey conjunction with the UI tax reporting (CARS). Under CARS, BLS effectively SUMMARY: The Department of Labor, as system in each state. The information part of its continuing effort to reduce utilizes the commercial advantages collected by the ARS is used to review paperwork and respondent burden, related to printing and mailing large the existing industry code assigned to conducts a pre-clearance consultation volumes of survey letters. Finally, BLS each establishment as well as the program to provide the general public continues to make use of email physical location of the business and Federal agencies with an addresses collected from the ARS and establishment. As a result, changes in opportunity to comment on proposed from the state Unemployment Insurance the industrial and geographical and/or continuing collections of agencies for solicitation purposes. Use information in accordance with the compositions of our economy are of email for solicitation reduces the Paperwork Reduction Act of 1995. This captured in a timely manner and overall cost of data collection. BLS will program helps to ensure that requested reflected in the BLS statistical programs. also continue to make use of email The ARS also asks employers to data can be provided in the desired solicitation of small establishments that identify new locations in the state. If format, reporting burden (time and had been excluded from the ARS for these employers meet QCEW program financial resources) is minimized, budgetary reasons. Since collection reporting criteria, then a Multiple collection instruments are clearly costs for email solicitation are minimal, Worksite Report (MWR) is sent to the understood, and the impact of collection these respondents can continue to be requirements on respondents can be employer requesting employment and added back to the ARS at little cost to properly assessed. The Bureau of Labor wages for each worksite each quarter. the government. Thus, the ARS is also used to identify Statistics (BLS) is soliciting comments III. Desired Focus of Comments concerning the proposed revision of the new potential MWR-eligible employers. The Bureau of Labor Statistics is ‘‘Annual Refiling Survey.’’ A copy of the II. Current Action particularly interested in comments proposed information collection request Office of Management and Budget can be obtained by contacting the that: clearance is being sought for a revision • Evaluate whether the proposed individual listed below in the to the ARS. collection of information is necessary ADDRESSES section of this notice. Once every three years, the SWAs for the proper performance of the DATES: Written comments must be survey employers that are covered by functions of the agency, including submitted to the office listed in the the state’s UI laws to ensure that state whether the information will have ADDRESSES section of this notice on or records correctly reflect the business practical utility. before October 23, 2020. activities and locations of those • Evaluate the accuracy of the ADDRESSES: Send comments to Carol employers. States survey approximately agency’s estimate of the burden of the Rowan, BLS Clearance Officer, Division one-third of their businesses each year proposed collection of information, of Management Systems, Bureau of and largely take care of the entire including the validity of the Labor Statistics, Room 4080, 2 universe of covered businesses over a methodology and assumptions used. Massachusetts Avenue NE, Washington, three-year cycle. The selection criterion • Enhance the quality, utility, and DC 20212. Written comments also may for surveying establishments is based on clarity of the information to be be transmitted by email to BLS_PRA_ the nine-digit Federal Employer collected. [email protected]. Identification Number of the • Minimize the burden of the FOR FURTHER INFORMATION CONTACT: respondent. collection of information on those who Carol Rowan, BLS Clearance Officer, at BLS constantly pursues a growing are to respond, including through the 202–691–7628 (this is not a toll free number of automated reporting options use of appropriate automated, number). (See ADDRESSES section.) to reduce employer burden and costs electronic, mechanical, or other

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technological collection techniques or Title of Collection: Annual Refiling Affected Public: Business or other for- other forms of information technology, Survey. profit, Not-for-profit institutions, and e.g., permitting electronic submissions OMB Number: 1220–0032. farms. of responses. Type of Review: Revision of a currently approved collection.

Total Estimated time per Total burden ARS collection instrument responses Frequency response (hours)

BLS NVS ...... 397,000 once ...... 5 minutes...... 33,083 Non-mandatory ...... BLS NVS ...... 444,000 once ...... 5 minutes...... 37,000 Mandatory ...... BLS NVM ...... 22,000 once ...... 15 minutes...... 5,500 Non-mandatory ...... BLS NVM ...... 24,000 once ...... 15 minutes...... 6,000 Mandatory ...... BLS NCA ...... 91,000 once ...... 10 minutes...... 15,167 Non-mandatory ...... BLS NCA ...... 120,000 once ...... 10 minutes...... 20,000 Mandatory ......

Totals ...... 1,098,000 ...... 116,750

Comments submitted in response to Plaza SW, Washington, DC 20260–1000. Period for member organizations to this notice will be summarized and/or Telephone: (202) 268–4800. transition to the utilization of ports that included in the request for Office of Michael J. Elston, connect to the Exchange using Pillar Management and Budget approval of the technology; (2) extend the Secretary. information collection request; they also Decommission Period that begins once [FR Doc. 2020–18595 Filed 8–20–20; 11:15 am] will become a matter of public record. the Transition Period ends; and (3) BILLING CODE 7710–12–P Signed at Washington, DC, on August 18, extend the effective date that the 2020. Exchange would prorate the monthly fee Leslie Bennett, SECURITIES AND EXCHANGE for ports activated on or after July 1, Acting Chief, Division of Management COMMISSION 2019. The Exchange proposes to Systems. implement these changes to its Price [FR Doc. 2020–18460 Filed 8–21–20; 8:45 am] [Release No. 34–89591; File No. SR–NYSE– List effective August 10, 2020.4 The 2020–68] BILLING CODE 4510–24–P proposed rule change is available on the Self-Regulatory Organizations; New Exchange’s website at www.nyse.com, at York Stock Exchange LLC; Notice of the principal office of the Exchange, and Filing and Immediate Effectiveness of at the Commission’s Public Reference POSTAL SERVICE Proposed Rule Change To Amend Its Room. Board of Governors; Sunshine Act Price List Regarding Port Fees II. Self-Regulatory Organization’s Meeting August 18, 2020. Statement of the Purpose of, and Pursuant to Section 19(b)(1) 1 of the Statutory Basis for, the Proposed Rule TIME AND DATE: August 17, 2020, at 7:30 Securities Exchange Act of 1934 (the Change p.m. ‘‘Act’’),2 and Rule 19b–4 thereunder,3 PLACE: Washington, DC. notice is hereby given that on August In its filing with the Commission, the STATUS: Closed. 10, 2020, New York Stock Exchange self-regulatory organization included statements concerning the purpose of, MATTERS TO BE CONSIDERED: LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed and basis for, the proposed rule change 1. Administrative Issues. with the Securities and Exchange and discussed any comments it received 2. Strategic Issues. Commission (the ‘‘Commission’’) the on the proposed rule change. The text On August 17, 2020, a majority of the proposed rule change as described in members of the Board of Governors of Items I, II, and III below, which Items of those statements may be examined at the United States Postal Service voted have been prepared by the self- the places specified in Item IV below. unanimously to hold and to close to regulatory organization. The The Exchange has prepared summaries, public observation a special meeting in Commission is publishing this notice to set forth in sections A, B, and C below, Washington, DC, via teleconference. The solicit comments on the proposed rule of the most significant parts of such Board determined that no earlier public change from interested persons. statements. notice was practicable. I. Self-Regulatory Organization’s General Counsel Certification: The Statement of the Terms of Substance of General Counsel of the United States the Proposed Rule Change Postal Service has certified that the The Exchange proposes to amend its meeting may be closed under the Price List to (1) extend the Transition Government in the Sunshine Act. 4 The Exchange originally filed to amend the CONTACT PERSON FOR MORE INFORMATION: 1 15 U.S.C. 78s(b)(1). Price List on July 31, 2020 (SR–NYSE–2020–64). Michael J. Elston, Secretary of the 2 15 U.S.C. 78a. SR–NYSE–2020–64 was subsequently withdrawn Board, U.S. Postal Service, 475 L’Enfant 3 17 CFR 240.19b–4. and replaced by this filing.

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A. Self-Regulatory Organization’s for ports activated on or after July 1, equity trades (whether excluding or Statement of the Purpose of, and 2019 from September 1, 2020 to including auction volume).12 The Statutory Basis for, the Proposed Rule November 1, 2020. Exchange believes that the ever-shifting Change The Exchange would continue to market share among the exchanges from provide a cap on how much member month to month demonstrates that 1. Purpose organizations would be charged for market participants can shift order flow, The purpose of this filing is to ports during the proposed extra two or discontinue or reduce use of certain provide additional time for member months of the Transition Period so that categories of products, including ports, organizations to transition from older to they would not incur additional charges in response to fee changes. Accordingly, newer and more efficient Pillar during the transition to Pillar the Exchange’s fees, including port fees, technology. The Exchange is not communication protocols. Moreover, are reasonably constrained by proposing to adjust the amount of the the Exchange would retain a four month competitive alternatives and market port fees or the fees charged to offset the period during which the few firms that participants can readily trade on Exchange’s continuing costs of do not transition during the proposed competing venues if they deem pricing supporting legacy ports, which will longer Transition Period would be levels at those other venues to be more remain at the current level for all market charged fees to offset the Exchange’s favorable. participants. continuing costs of supporting legacy The Exchange is proposing these Effective July 3, 2019, the Exchange ports but proposes to extend the changes in the context of a competitive introduced transition pricing designed beginning and end dates for this period. environment in which market to provide member organizations an The Exchange proposes to implement participants can and do shift order flow, extended transition period to connect to these changes to its Price List effective or discontinue or reduce use of certain the Exchange using Pillar technology August 10, 2020.7 categories of products, in response to fee with no fee increase. Specifically, the Competitive Environment changes. Because ports are used by Exchange (1) adopted a cap on monthly member organizations to trade fees for the use of certain ports The Exchange operates in a highly electronically on the Exchange, fees connecting to the Exchange for the competitive market. The Commission associated with ports are subject to billing months July 2019 through March has repeatedly expressed its preference these same competitive forces. The 2020 (the ‘‘Transition Period’’); (2) for competition over regulatory Exchange believes that the proposal adopted a Decommission Extension Fee intervention in determining prices, represents a reasonable attempt to applicable for the billing months April products, and services in the securities provide member organizations with 2020 through September 2020 (the markets. In Regulation NMS, the additional time to effect an orderly ‘‘Decommission Period’’) for legacy port Commission highlighted the importance transition to upgraded technology connections; and (3) prorated the of market forces in determining prices without incurring additional costs. monthly fee for certain ports activated and SRO revenues and, also, recognized after July 1, 2019, effective April 1, that current regulation of the market Proposed Rule Change 2020.5 system ‘‘has been remarkably successful Member organizations enter orders Effective March 2, 2020, the Exchange in promoting market competition in its and order instructions, and receive (1) extended the end of the Transition broader forms that are most important to information from the Exchange, by Period from March 2020 to August 2020 investors and listed companies.’’ 8 establishing a connection to a gateway for member organizations to transition As the Commission itself recognized, that uses communication protocols that to the utilization of ports that connect the market for trading services in NMS map to the order types and modifiers to the Exchange using Pillar technology; stocks has become ‘‘more fragmented described in Exchange rules. These (2) shortened the Decommission Period and competitive.’’ 9 Indeed, equity gateway connections, also known as from six months (April 2020-September trading is currently dispersed across 13 logical port connections, are referred to 2020) to four months (September- exchanges,10 31 alternative trading as ‘‘ports’’ on the Exchange’s Price List. December 2020); (3) extended the systems,11 and numerous broker-dealer Legacy ports connect with the Exchange effective date that the Exchange would internalizers and wholesalers. Based on via a Common Customer Gateway prorate the monthly fee for certain ports publicly-available information, no (known as ‘‘CCG’’) that accesses its activated on or after July 1, 2019 from single exchange has more than 20% of equity trading systems (‘‘Phase I ports’’). April 1, 2020 to September 1, 2020; and the market share of executed volume of Beginning July 1, 2019, the Exchange (4) revised the fees charged for legacy began making available ports using port connections during the 7 The Exchange originally filed to amend the Pillar gateways to its member 6 Price List on July 31, 2020 (SR–NYSE–2020–64). organizations (‘‘Phase II ports’’). Decommission Period. SR–NYSE–2020–64 was subsequently withdrawn The Exchange proposes to: • and replaced by this filing. Extension of the Date To Prorate Ports extend the end of the Transition 8 See Securities Exchange Act Release No. 51808 Period from August 2020 to October (June 9, 2005), 70 FR 37495, 37499 (June 29, 2005) The Exchange currently makes 2020; (S7–10–04) (Final Rule) (‘‘Regulation NMS’’). available ports that provide connectivity • extend the beginning of the 9 See Securities Exchange Act Release No. 51808, to the Exchange’s trading systems (i.e., 84 FR 5202, 5253 (February 20, 2019) (File No. S7– Decommission Period from September 05–18) (Transaction Fee Pilot for NMS Stocks Final ports for entry of orders and/or quotes 2020 to November 2020 and the end of Rule) (‘‘Transaction Fee Pilot’’). (‘‘order/quote entry ports’’)) and charges the Decommission Period from 10 See Cboe Global Markets, U.S. Equities Market $550 per port per month. Designated December 2020 to February 2021; and Volume Summary, available at http:// Market Makers (‘‘DMMs’’) are not • extend the effective date that the markets.cboe.com/us/equities/market_share/. See charged for the first 12 ports per month generally https://www.sec.gov/fast-answers/ 13 Exchange would prorate the monthly fee divisionsmarketregmrexchangesshtml.html. that connect to the Exchange. The 11 See FINRA ATS Transparency Data, available 5 See Securities Exchange Act Release No. 86360 at https://otctransparency.finra.org/ 12 See Cboe Global Markets U.S. Equities Market (July 11, 2019), 84 FR 34210 (SR–NYSE–2019–39). otctransparency/AtsIssueData. A list of alternative Volume Summary, available at http:// 6 See Securities Exchange Act Release No. 88373 trading systems registered with the Commission is markets.cboe.com/us/equities/market_share/. (March 12, 2020), 85 FR 15533 (SR–NYSE–2020– available at https://www.sec.gov/foia/docs/ 13 DMMs completed the transition to Phase II 14). atslist.htm. ports last year.

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Exchange also currently makes ports month. DMMs would continue not to be organizations would have in complying available for drop copies and charges charged for drop copy ports and for with the proposed change. $550 per port per month,14 except that their first 12 order/quote entry ports per 2. Statutory Basis DMMs are not charged for drop copy month that connect to the Exchange, ports that connect to the Exchange. and then charged $550 per order/quote The Exchange believes that the During the ongoing first phase of the entry port that connects to the Exchange proposed rule change is consistent with Exchange’s transition pricing, the fees per month thereafter. Section 6(b) of the Act,15 in general, and charged for both order/quote entry and The purpose of Transition Period furthers the objectives of Sections 16 drop copy ports are, with certain pricing is to cap port fees to allow 6(b)(4) and 6(b)(5) of the Act, in exceptions, capped at—and thus not member organizations additional time to particular, because it provides for the charged for more than—the total implement technology changes equitable allocation of reasonable dues, number of both order/quote entry and necessary to connect to the Exchange fees, and other charges among its drop copy ports that the member using the Phase II ports without members, issuers and other persons organization has activated as of its June incurring additional Exchange fees. As using its facilities and does not unfairly 2019 invoice. of June 2020, only 65% of Phase I ports discriminate between customers, Effective September 1, 2020, the have been cancelled. Based on the issuers, brokers or dealers. Exchange will prorate fees for order/ Exchange’s experience to date, the The Proposed Changes are Reasonable quote entry and drop copy ports Exchange believes that an additional The Exchange operates in a highly activated after July 1, 2019, to the two months will be necessary to provide number of trading days that a port is competitive market. The Commission sufficient time for all member has repeatedly expressed its preference eligible for production trading with the organizations, regardless of size, to be Exchange, including any scheduled for competition over regulatory able to complete the necessary changes intervention in determining prices, early closing days. and transition fully to the Phase II ports. The Exchange proposes to extend the products, and services in the securities effective date for the prorating of order/ Extension of the Decommission Period markets. Specifically, in Regulation NMS, the Commission highlighted the quote entry and drop copy ports to Currently, member organizations that November 1, 2020 to coincide with the importance of market forces in have not transitioned to Phase II ports determining prices and SRO revenues end of the proposed extended and are still utilizing Phase I ports and, also, recognized that current Transition Period in October 2020, during the billing months of September regulation of the market system ‘‘has discussed below. 2020 through December 2020 (i.e., the been remarkably successful in Extension of the Transition Period Decommission Period), would, in promoting market competition in its addition to the current port fees, be Currently, during the billing months broader forms that are most important to charged a Decommission Extension Fee investors and listed companies.’’ 17 of July 2019 through August 2020 (the of $1,000 per port per month, increasing ‘‘Transition Period’’), the total number As the Commission itself recognized, by $1,000 per port for each month for the market for trading services in NMS of ports charged per member any ports that communicate using Pillar stocks has become ‘‘more fragmented organization is capped at the total phase I protocols. As per the Price List, and competitive.’’ 18 Indeed, equity number of ports that the member ports using Pillar phase I protocols trading is currently dispersed across 13 organization activated as of the June would no longer be available beginning exchanges,19 31 alternative trading 2019 invoice, which was the last full January 1, 2021. systems,20 and numerous broker-dealer month prior to the introduction of the The Exchange proposes that the internalizers and wholesalers. Based on new gateways (the ‘‘Transition Cap’’). Decommission Period would begin in publicly-available information, no Transition Cap pricing is available until November 2020, after the end of the single exchange has more than 20% of the earlier of (1) the end of the proposed longer Transition Period, and the market share of executed volume of Transition Period, i.e., August 2020, or end four months later. As proposed, the equity trades (whether excluding or (2) the billing month during which a Decommission Period would commence including auction volume).21 The member organization fully transitions to in November 2020 and end in February Exchange believes that the ever-shifting using only ports that communicate 2021. As a result, the Price List would market share among the exchanges from using Pillar phase II protocols. If during also be amended to provide that ports month to month demonstrates that the Transition Period, a member using Pillar phase I protocols would no market participants can shift order flow, organization increases the number of longer be available beginning March 1, or discontinue or reduce use of certain Phase I ports above the Transition Cap, 2021. categories of products, including ports, those ports would be charged at the As noted above, the Exchange current rates for order/quote entry ports believes that extending the Transition 15 15 U.S.C. 78f(b). and drop copy ports. Finally, if during Period would provide sufficient time for 16 15 U.S.C. 78f(b)(4) & (5). the Transition Period a member member organizations to fully transition 17 See Regulation NMS, 70 FR at 37499. 18 organization has a total number of ports to Phase II ports and eliminate their use See Transaction Fee Pilot, 84 FR at 5253. 19 See Cboe Global Markets, U.S. Equities Market below the Transition Cap, the Exchange of Phase I ports. To the extent that would charge a member organization for Volume, available at http://markets.cboe.com/us/ member organizations do not complete equities/market_share/. See generally https:// their actual number of ports. the transition during the Transition www.sec.gov/fast-answers/divisionsmarketregmr The Exchange proposes to extend the Period, the Exchange will offer member exchangesshtml.html. Transition Period by two months to 20 See FINRA ATS Transparency Data, available organizations the ability to choose to October 2020. As proposed, the charge at https://otctransparency.finra.org/ continue using Phase I ports until per port (order/quote entry and drop otctransparency/AtsIssueData. A list of alternative March 2021. trading systems registered with the Commission is copy) would remain at $550 per port per The proposed changes are not available at https://www.sec.gov/foia/docs/ atslist.htm. 14 Only one fee per drop copy port applies, even otherwise intended to address any other 21 See Cboe Global Markets U.S. Equities Market if receiving drop copies from multiple order/quote issues, and the Exchange is not aware of Volume Summary, available at http:// entry ports. any problems that member markets.cboe.com/us/equities/market_share/.

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in response to fee changes. Accordingly, equally to all member organizations that basis. Accordingly, no member the Exchange’s fees, including port fees, connect to the Exchange, who would organization already operating on the are reasonably constrained by equally receive the benefit of being Exchange would be disadvantaged by competitive alternatives and market charged only for the connectivity this allocation of fees. For the same participants can readily trade on utilized during any trading month reasons, the Exchange believes that the competing venues if they deem pricing beginning in November 1, 2020. As proposal would not permit unfair levels at those other venues to be more noted above, to the extent a member discrimination between member favorable. organization continues to use ports organizations. If a particular exchange charges activated before July 1, 2019 to connect Similarly, the Decommission excessive fees for connectivity, to the Exchange during the new Extension Fee would apply equally to impacted members and non-members November 1, 2020 date and any all member organizations that choose to may opt to terminate their connectivity subsequent months, the Exchange connect to the Exchange through the use arrangements with that exchange, and believes it is fair and equitable to of such ports during the proposed adopt a possible range of alternative continue to charge flat fees for such Decommission Period. If a member strategies, including routing to the ports until such time that connection to organizations becomes subject to the applicable exchange through another the Exchange through the use of Phase Decommission Fee, it would only be participant or market center or taking I ports is no longer available beginning because such firm chose not to complete that exchange’s data indirectly. March 1, 2021. its transition to the Phase II ports by the Accordingly, if the Exchange charges The proposal constitutes an equitable end of the proposed Transition Period. excessive fees, it would stand to lose not allocation of fees because all similarly While the Exchange cannot predict with only connectivity revenues but also situated member organizations and certainty whether any firms would be revenues associated with the execution other market participants that choose to subject to the Decommission Fee, and if of orders routed to it, and, to the extent connect to the Exchange through the use so, which ones, the Exchange applicable, market data revenues. The of Phase I ports during the anticipates that it would be a limited set Exchange believes that this competitive Decommission Period would continue of member organizations that would dynamic imposes powerful restraints on to be charged the same, unchanged incur such fees. the ability of any exchange to charge Decommission Extension Fee. The Exchange believes that the unreasonable fees for connectivity. Moreover, as noted above, the Exchange proposal to pro-rate port fees does not Given this competitive environment, proposes a longer transition period permit unfair discrimination because it the proposal represents a fair and which the Exchange expects should be would apply equally to all member reasonable attempt to provide member more than sufficient for all member organizations that connect to the organizations with additional time to organizations, regardless of size, to Exchange, who would equally receive make an orderly transition to upgraded transition to Phase II ports before the the benefit of being charged only for the technology without increasing their Decommission Fee goes into effect. connectivity utilized during any trading costs. As noted, as of June 2020, 35% of month beginning November 1, 2020. As The Proposal is Not Unfairly legacy ports have not been cancelled. If noted, to the extent a member Discriminatory a member organization is unable to organization continues to use ports complete this transition within the The Exchange believes that the activated before July 1, 2019 to connect additional two months of the extended proposal is not unfairly discriminatory. to the Exchange during November 1, Transition Period, the pricing is In the prevailing competitive 2020 and any subsequent months, the designed so that only those few member environment, member organizations are Exchange believes it is fair, equitable organizations that may not transition free to disfavor the Exchange’s pricing if and not unfairly discriminatory to within that time period would pay for they believe that alternatives offer them continue to charge flat fees for such the Exchange to continue to support better value, and are free to discontinue ports until such time that connection to their Phase I ports. to connect to the Exchange through its the Exchange through the use of old ports. As noted, the Exchange is offering ports is no longer available beginning The Proposal is an Equitable Allocation upgraded connections in an effort to of Fees March 1, 2021. keep pace with changes in the industry Finally, the Exchange believes that it The Exchange believes its proposal and evolving customer needs as new is subject to significant competitive equitably allocates its fees among its technologies emerge and products forces, as described below in the market participants. The Exchange is continue to develop and change. Exchange’s statement regarding the not proposing to adjust the amount of The proposal neither targets nor will burden on competition. the port fees or the fees charged fees to it have a disparate impact on any For the foregoing reasons, the offset the Exchange’s continuing costs of particular category of market Exchange believes that the proposal is supporting legacy ports, which will participant. The Exchange believes that consistent with the Act. remain at the current level for all market the proposal does not permit unfair participants. Rather, the proposal would discrimination because the proposal B. Self-Regulatory Organization’s provide additional time for member would be applied to all similarly Statement on Burden on Competition organizations to transition from older to situated member organizations and In accordance with Section 6(b)(8) of newer and more efficient Pillar other market participants would be the Act,22 the Exchange believes that the technology and would charge the same charged the same rates, which will proposed rule change would not impose fee for those few member organizations remain unchanged. any burden on competition that is not that choose not to transition to Phase II The Exchange believes that the necessary or appropriate in furtherance ports during the extended Transition proposal does not permit unfair of the purposes of the Act. Instead, as Period. discrimination because the Exchange discussed above, the Exchange believes The Exchange believes that the will be making available both the Phase that the proposed changes would proposal to pro-rate port fees beginning I and Phase II ports available to all provide additional time for member November 1, 2020, is also an equitable member organizations during the allocation of fees since it would apply extended Transition Period on an equal 22 15 U.S.C. 78f(b)(8).

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organizations to transition from older to demonstrates that market participants change should be approved or newer and more efficient Pillar can shift order flow, or discontinue or disapproved. technology with no fee increase and reduce use of certain categories of offset the Exchange’s continuing costs of products, including ports, in response to IV. Solicitation of Comments supporting the Phase I ports for the few fee changes. Accordingly, the Interested persons are invited to firms that do not transition to the new Exchange’s fees, including port fees, are submit written data, views, and ports during the longer transition period reasonably constrained by competitive arguments concerning the foregoing, without any change to the fees currently alternatives and market participants can including whether the proposed rule charged by the Exchange for the use of readily trade on competing venues if change is consistent with the Act. ports to connect to the Exchange’s they deem pricing levels at those other Comments may be submitted by any of trading systems. venues to be more favorable. the following methods: Intramarket Competition. The The Exchange is proposing these Exchange does not believe the proposed changes in the context of a competitive Electronic Comments rule change would impose any burden environment in which market • on intramarket competition that is not participants can and do shift order flow, Use the Commission’s internet necessary or appropriate because it or discontinue or reduce use of certain comment form (http://www.sec.gov/ would apply to all member categories of products, in response to fee rules/sro.shtml); or organizations equally that connect to the changes. Because ports are used by • Send an email to rule-comments@ Exchange. All member organizations, member organizations to trade sec.gov. Please include File Number SR– regardless of size, will be eligible for the electronically on the Exchange, fees NYSE–2020–68 on the subject line. transition pricing through the extended associated with ports are subject to Transition Period ending October 2020 these same competitive forces. The Paper Comments and will be eligible to connect via either Exchange therefore believes that the • Send paper comments in triplicate Phase I or Phase II ports during this proposal would not impose an undue to Secretary, Securities and Exchange period. In addition, all member burden on intermarket competition Commission, 100 F Street NE, organizations will be subject to the because the purpose of this filing is not Washington, DC 20549–1090. Decommission Fee on an equal basis if to change the rates charged for ports or they do complete the transition to Phase to offset the Exchange’s continuing costs All submissions should refer to File II ports by the end of the new October of supporting legacy ports but rather to Number SR–NYSE–2020–68. This file 2020 date. As noted, the Exchange provide member organizations with number should be included on the anticipates that a low percentage of more time to effect an orderly transition subject line if email is used. To help the member organizations would be subject to upgraded technology without needing Commission process and review your to the proposed Decommission Fee, and to incur any additional costs. comments more efficiently, please use the firms likely to be subject to such fee only one method. The Commission will would be larger firms that could more C. Self-Regulatory Organization’s Statement on Comments on the post all comments on the Commission’s easily absorb the cost of that fee. The internet website (http://www.sec.gov/ Exchange further believes that by Proposed Rule Change Received From Members, Participants, or Others rules/sro.shtml). Copies of the extending the Transition Period, all submission, all subsequent member organizations have an equal No written comments were solicited amendments, all written statements opportunity to timely transition to or received with respect to the proposed with respect to the proposed rule Phase II ports before the Decommission rule change. change that are filed with the Fee would take effect. III. Date of Effectiveness of the Commission, and all written Intermarket Competition. The Proposed Rule Change and Timing for communications relating to the Exchange does not believe the proposed Commission Action proposed rule change between the rule change would impose any burden Commission and any person, other than The foregoing rule change is effective on intermarket competition that is not those that may be withheld from the upon filing pursuant to Section necessary or appropriate because the public in accordance with the 19(b)(3)(A) 24 of the Act and Exchange operates in a highly provisions of 5 U.S.C. 552, will be subparagraph (f)(2) of Rule 19b–4 25 competitive market in which market available for website viewing and thereunder, because it establishes a due, participants can readily choose to send printing in the Commission’s Public fee, or other charge imposed by the their orders to other exchange and off- Reference Room, 100 F Street NE, Exchange. exchange venues if they deem fee levels Washington, DC 20549, on official At any time within 60 days of the at those other venues to be more business days between the hours of filing of such proposed rule change, the favorable. The Exchange believes that 10:00 a.m. and 3:00 p.m. Copies of the Commission summarily may fees for connectivity are constrained by filing also will be available for temporarily suspend such rule change if the robust competition for order flow inspection and copying at the principal it appears to the Commission that such among exchanges and non-exchange office of the Exchange. All comments action is necessary or appropriate in the markets. received will be posted without change. public interest, for the protection of As noted, the no single exchange has Persons submitting comments are investors, or otherwise in furtherance of more than 20% of the market share of cautioned that we do not redact or edit the purposes of the Act. If the executed volume of equity trades personal identifying information from Commission takes such action, the (whether excluding or including auction comment submissions. You should 23 Commission shall institute proceedings volume). The Exchange believes that submit only information that you wish under Section 19(b)(2)(B) 26 of the Act to the ever-shifting market share among to make available publicly. All determine whether the proposed rule the exchanges from month to month submissions should refer to File Number SR–NYSE–2020–68, and 23 See Cboe Global Markets U.S. Equities Market 24 15 U.S.C. 78s(b)(3)(A). Volume Summary, available at http:// 25 17 CFR 240.19b–4(f)(2). should be submitted on or before markets.cboe.com/us/equities/market_share/. 26 15 U.S.C. 78s(b)(2)(B). September 14, 2020.

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For the Commission, by the Division of members 5 for which it is the designated (collectively, ‘‘Funds-Only (Cash) Trading and Markets, pursuant to delegated GSD Funds-Only Settling Bank or Settlement Figures’’). The Depository authority.27 MBSD Cash Settling Bank (collectively, Trust Company (‘‘DTC’’) acts as J. Matthew DeLesDernier, ‘‘FICC Settling Banks’’) and has not Settlement Agent 9 for both GSD’s Assistant Secretary. otherwise been in contact with the funds-only and MBSD’s cash settlement [FR Doc. 2020–18462 Filed 8–21–20; 8:45 am] Settlement Agent, would be deemed to process. BILLING CODE 8011–01–P have acknowledged its Funds-Only Once the FICC Settling Banks receive (Cash) Settlement Figures, (ii) codify their Funds-Only (Cash) Settlement FICC’s discretion to exclude a FICC Figures from the Settlement Agent, the SECURITIES AND EXCHANGE Settling Bank’s balance from the FICC Settling Banks submit either (1) COMMISSION National Settlement Service (‘‘NSS’’) file acknowledgement that they will settle in certain circumstances, and (iii) make their Funds-Only (Cash) Settlement [Release No. 34–89593; File No. SR–FICC– certain technical and conforming Figures with FICC or (2) refusal to settle 2020–006] changes. such amounts on behalf of one or more of their respective members.10 The A. Current Funds-Only (Cash) Self-Regulatory Organizations; Fixed acknowledgement or refusal submission Settlement Process Income Clearing Corporation; Order occurs through a designated terminal Approving Proposed Rule Change To Each Division provides a system.11 If all of the FICC Settling Provide for a Passive standardized, automated method for Banks submit acknowledgements of Acknowledgement Process and Make settling funds-only, for GSD, and cash, their intent to settle, then DTC, as Other Changes for MBSD, settlement (collectively, Settlement Agent, would submit the ‘‘Funds-Only (Cash) Settlement’’) requisite file to the relevant Federal August 18, 2020. obligations, respectively, between each Reserve Bank (‘‘FRB’’) for processing I. Introduction Division and its respective members’ through the NSS.12 FICC Settling Banks. Each member On June 19, 2020, Fixed Income If a FICC Settling Bank notifies the designates a FICC Settling Bank to settle Clearing Corporation (‘‘FICC’’) filed Settlement Agent that the FICC Settling its Funds-Only (Cash) Settlement with the Securities and Exchange Bank refuses to pay the Funds-Only obligations with FICC. Settlement is Commission (‘‘Commission’’), pursuant (Cash) Settlement Figure for a member, effected via the NSS.6 then FICC would exclude that member’s to Section 19(b)(1) of the Securities On each business day, as applicable, Exchange Act of 1934 (‘‘Act’’) 1 and Rule amount and the Settlement Agent would 2 each Division calculates either a Funds- provide the FICC Settling Bank with a 19b–4 thereunder, proposed rule Only Settlement Amount or Cash change SR–FICC–2020–006. The new Funds-Only (Cash) Settlement Balance figure, respectively, for each Figure that no longer includes the proposed rule change was published for member and reports to each member comment in the Federal Register on July excluded member’s amount. The FICC 3 and its respective FICC Settling Bank a Settling Bank must then immediately 7, 2020. The Commission did not Net Funds-Only Settlement Figure 7 (for receive any comment letters on the send a message to the Settlement Agent GSD) and either a Total Debit Cash 13 proposed rule change. For the reasons acknowledging the new amount. The Balance Figure or a Total Credit Cash Settlement Agent would then submit the discussed below, the Commission is Balance Figure 8 (for MBSD) approving the proposed rule change. requisite file to the FRB for processing through the NSS. II. Description of the Proposed Rule 5 The use of ‘‘members’’ here refers to any Change participant that is required to appoint a Funds-Only Settling Bank or Cash Settling Bank, which includes Settlement amounts reflect: (i) The To Be FICC proposes to modify its GSD Netting Members, GSD Centrally Cleared Announced (‘‘TBA’’) Transaction Adjustment Institutional Triparty (‘‘CCIT’’) Members, GSD Payment, (ii) Net Pool Transaction Adjustment Government Securities Division Sponsoring Members, and MBSD Clearing Payment, (iii) principal and interest payments for (‘‘GSD’’) Rulebook (‘‘GSD Rules’’) and Members. References hereinafter to the term failing net pool settlement obligations (to the extent its Mortgage-Backed Securities Division ‘‘members’’ shall be used for ease of reference. See that they are not handled by the FedWire Securities GSD Rule 13, Section 4(a) and MBSD Rule 3A, Service Automated Claims Adjustment Process), (‘‘MBSD’’ and together with GSD, each, and (iv) other items, such as Factor Update a ‘‘Division’’) Clearing Rules (‘‘MSBD Section (a), supra note 4. 6 GSD Rule 13, Section 5(i) and MBSD Rule 11, Adjustments and billing invoices. MBSD Rule 11, Rules,’’ and together with the GSD Section 9(i), supra note 4. For a general description Section 7, supra note 4. Rules, ‘‘Rules’’) 4 in order to (i) provide of the NSS, see National Settlement Service, 9 DTC Settlement Operations acts as the for a passive acknowledgement process available at https://www.frbservices.org/financial- Settlement Agent for GSD and MBSD. ‘‘Settlement Agent’’ means the bank or trust company that FICC whereby any settling bank that does not services/national-settlement-service/index.html. 7 Net Funds-Only Settlement Figure means the may, from time to time, designate to act as its agent timely acknowledge that it will settle its net amount of the Funds-Only Settlement Amounts for purposes of interfacing with NSS for funds-only Funds-Only (Cash) Settlement Figures of the Netting Members for which a Funds-Only settlement pursuant to GSD Rule 13 (for GSD) and (as defined below) with FICC (i.e., Settling Bank Member is acting. GSD Rule 1, supra for Cash Settlement pursuant to MBSD Rule 11. GSD Rule 1 and MBSD Rule 1, supra note 4. acknowledge its intention to pay to or note 4. For GSD, Funds-Only Settlement Amounts reflect: (i) Changes in the value of securities when 10 A FICC Settling Bank that settles only for itself collect from FICC), or notify the they are marked to market, (ii) cash adjustments may not refuse to settle for itself and, therefore, may Settlement Agent (as defined below) of related to securities trades, (iii) the pass-through of opt out of the requirement to acknowledge its its refusal to settle for one or more coupon payments for term repos or trade Funds-Only (Cash) Settlement Figures. GSD Rule obligations that cross a coupon date, and (iv) other 13, Section 5(b) and MBSD Rule 11, Section 9, items, such as billing invoices. GSD Rule 13, supra note 4. The passive acknowledgement 27 17 CFR 200.30–3(a)(12), (59). Section 1, supra note 4. process would not apply to such FICC Settling 1 15 U.S.C. 78s(b)(1). 8 Total Debit Cash Balance Figure means the sum Banks that have chosen to opt out. See Notice, 2 17 CFR 240.19b–4. of the Cash Balances which are debits of the supra note 3, at 40723–24. 3 Securities Exchange Act Release No. 89193 Members for which a Cash Settling Bank Member 11 GSD Rule 13, Section 5(b) and MBSD Rule 11, (June 30, 2020), 85 FR 40723 (July 7, 2020) (SR– is acting. MSBD Rule 1, supra note 4. Total Credit Section 9(b), supra note 4. FICC–2020–006) (‘‘Notice’’). Cash Balance Figures means the sum of the Cash 12 GSD Rule 13, Section 5(i) and MBSD Rule 11, 4 Capitalized terms not defined herein are defined Balances which are credits of the Members for Section 9(i), supra note 4. in the Rules, available at http://www.dtcc.com/ which a Cash Settling Bank Member is acting. 13 GSD Rule 13, Section 5(c) and MBSD Rule 11, legal/rules-and-procedures. MSBD Rule 1, supra note 4. For MBSD, Cash Section 9(c), supra note 4.

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The deadline for FICC Settling Banks Figure for one or more members. 3. Technical and Conforming Changes to acknowledge or refuse is 30 minutes Additionally, to facilitate the Settlement FICC proposes to make certain prior to the time at which debits and Agent’s ability to contact FICC Settling technical and conforming changes to the credits are executed via the NSS.14 If a Banks, FICC proposes to revise the Rules to enhance clarity. First, FICC FICC Settling Bank does not Rules to state that each FICC Settling proposes to revise the Rules to add a acknowledge or refuse by this time, the Bank must ensure that it maintains new defined term ‘‘Acknowledgement Settlement Agent would use the most accurate contact details with the Cutoff Time.’’ 19 Second, FICC proposes recent contact information available to Settlement Agent so that the Settlement to replace certain references to the contact the FICC Settling Bank. If the Agent may contact the FICC Settling ‘‘Corporation,’’ the ‘‘Corporation’s Settlement Agent is unable to contact Bank regarding this settlement process Operations area,’’ and ‘‘DTC’’ with the FICC Settling Bank or does not and any settlement issues. ‘‘Settlement Agent’’ for accuracy and receive a response from the FICC If the FICC Settling Bank cannot be consistency and to clarify the role of the Settling Bank as to the reached, then the FICC Settling Bank Settlement Agent under the relevant acknowledgement or refusal, FICC would be deemed to have acknowledged Rules.20 In addition, FICC proposes to would determine whether to request an that it will settle such Funds-Only move certain current subsections and to NSS extension while also determining (Cash) Settlement Figure with FICC. The revise the subsection numbers in the whether to remove the FICC Settling FICC Settling Bank’s balance will then, relevant Rules to enhance clarity and Bank’s Funds-Only (Cash) Settlement in the ordinary course of settlement accuracy.21 Figure from the NSS file. processing, be debited from or credited Under the current process, failure of III. Discussion and Commission to its FRB account through the NSS a FICC Settling Bank to timely respond Findings process along with the other FICC to the Settlement Agent after the 22 Settlement Agent posts final settlement Settling Banks. Section 19(b)(2)(C) of the Act figures creates uncertainty with respect However, if the Settlement Agent is directs the Commission to approve a to timely completion of settlement at able to contact the FICC Settling Bank proposed rule change of a self- FICC. FICC states that it designed the who notifies the Settlement Agent that regulatory organization if it finds that proposed rule change to address this it needs more time to determine such proposed rule change is consistent issue as discussed below.15 whether to acknowledge or refuse, then with the requirements of the Act and the the FICC Settling Bank would not be rules and regulations thereunder B. Proposed Rule Change deemed to have acknowledged its applicable to such organization. After FICC proposes to establish an Funds-Only (Cash) Settlement Figure. In careful consideration, the Commission ‘‘Acknowledgement Cutoff Time’’ after this circumstance, the FICC Settling finds that the proposed rule change is which FICC would apply the passive Bank balance would not, as a matter of consistent with the requirements of the acknowledgement process. The course, be included in the NSS file Act and the rules and regulations Acknowledgement Cutoff Time would unless the FICC Settling Bank thereunder applicable to FICC. In particular, the Commission finds that be defined as the later of: (i) 30 minutes subsequently affirmatively the proposed rule change is consistent after the FICC Settling Banks have been acknowledges the balance before the with Section 17A(b)(3)(F) of the Act 23 notified that such payment is due, or (ii) Settlement Agent submits the NSS file. 30 minutes prior to the times for the reasons described below. established by FICC for the execution of 2. Discretion to Exclude Funds-Only Section 17A(b)(3)(F) of the Act Funds-Only (Cash) Settlement debits (Cash) Settlement Figures From the NSS requires, in part, that the rules be and credits via NSS. File designed to promote the prompt and accurate clearance and settlement of 1. Passive Acknowledgement Process FICC represents that, although it securities transactions.24 As stated in If a FICC Settling Bank (i) does not would maintain flexibility for FICC Section II.A above, the failure of a FICC submit either (1) an acknowledgement Settling Banks requesting extra time, it Settling Bank to timely acknowledge that it would settle the Funds-Only must facilitate timely settlement via that it will settle its Funds-Only (Cash) 16 (Cash) Settlement Figure with FICC, or NSS for the other Settling Banks. Settlement Figure with FICC or refuse to (2) a refusal to pay the Funds-Only Therefore, FICC proposes to retain its pay its Funds-Only (Cash) Settlement (Cash) Settlement Figure, by the discretion to remove the FICC Settling Figure creates uncertainty with respect Acknowledgement Cutoff Time, and (ii) Bank’s Funds-Only (Cash) Settlement to the timely completion of Funds-Only has not been in contact with the Figure from the NSS file if: (1) Passive (Cash) Settlement at FICC. Additionally, Settlement Agent, then the Settlement acknowledgement does not apply circumstances in which a FICC Settling Agent would attempt to contact the because the FICC Settling Bank has Bank has requested more time to either FICC Settling Bank. This passive notified the Settlement Agent that it acknowledge or refuse its Funds-Only acknowledgement process would also cannot yet acknowledge or refuse its (Cash) Settlement Figure could create apply in situations where the FICC Funds-Only (Cash) Settlement Figure, uncertainty with respect to the timely Settling Bank receives a new Funds- and (2) the payment deadline (i.e., the completion of Funds-Only (Cash) Only (Cash) Settlement Figure after such time by which it must execute Settlement at FICC via NSS because 17 FICC Settling Bank’s refusal to pay the settlement via the NSS) established by FICC would not be able to submit the prior Funds-Only (Cash) Settlement FICC is approaching. According to FICC, NSS file that includes the balance of the its discretion in this circumstance requesting FICC Settling Bank. 14 For GSD, the NSS execution times are 10:00 would facilitate timely processing of the a.m. and 3:15 p.m.; for MBSD, these times are 10:00 NSS file for the other FICC Settling 19 See id. a.m. and 2:45 p.m. GSD Schedule of Timeframes, 18 Banks. 20 supra note 4, and MBSD Processing Schedule and See id. at 40725–40726. Timeframes, available at http://www.dtcc.com/ 21 See id. at 40725. clearing-services/ficc-mbsd/ficc-mbsd-user- 16 See Notice, supra note 3, at 40725. 22 15 U.S.C. 78s(b)(2)(C). documentation. 17 Supra note 14. 23 15 U.S.C. 78q–1(b)(3)(F). 15 See Notice, supra note 3, at 40724. 18 See Notice, supra note 3, at 40725. 24 Id.

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The introduction of a passive For the Commission, by the Division of identify more effectively investors that acknowledgement process, in which a Trading and Markets, pursuant to delegated have sufficient financial sophistication 30 FICC Settling Bank has not responded authority. to participate in certain private by the Acknowledgement Cutoff Time J. Matthew DeLesDernier, investment opportunities. The and cannot be reached by the Settlement Assistant Secretary. amendments are the product of years of Agent would be deemed to have [FR Doc. 2020–18464 Filed 8–21–20; 8:45 am] efforts by the Commission and its staff passively acknowledged its Funds-Only BILLING CODE 8011–01–P to consider and analyze possible (Cash) Settlement Figure, could enhance approaches to revising the accredited settlement certainty because it would investor definition. SECURITIES AND EXCHANGE CONTACT PERSON FOR MORE INFORMATION: allow FICC to submit the NSS file for COMMISSION settlement of all FICC Settling Banks’ For further information and to ascertain obligations despite an unresponsive Sunshine Act Meetings what, if any, matters have been added, FICC Settling Bank. Additionally, the deleted or postponed, please contact change to expressly allow FICC to TIME AND DATE: Notice is hereby given, Vanessa A. Countryman, Office of the exclude a FICC Settling Bank’s balance pursuant to the provisions of the Secretary, at (202) 551–5400. from the NSS file, where the FICC Government in the Sunshine Act, Public Dated: August 19, 2020. Settling Bank has requested more time, Law 94–409, the Securities and Eduardo A. Aleman, would allow FICC to submit the NSS Exchange Commission will hold an Deputy Secretary. Open Meeting on Wednesday, August file without the FICC Settling Bank’s [FR Doc. 2020–18612 Filed 8–20–20; 11:15 am] 26, 2020 at 10:00 a.m. balance and thus complete Funds-Only BILLING CODE 8011–01–P PLACE: (Cash) Settlement for all other members. The meeting will be held via remote means and/or at the Therefore, the Commission believes the Commission’s headquarters, 100 F SECURITIES AND EXCHANGE changes are designed to promote the Street NE, Washington, DC 20549. prompt and accurate clearance and COMMISSION STATUS: This meeting will begin at 10:00 settlement of securities transactions, a.m. (ET) and will be open to the public Sunshine Act Meetings consistent with Section 17A(b)(3)(F) of via audio webcast only on the 25 the Act. Commission’s website at www.sec.gov. TIME AND DATE: 2:00 p.m. on Wednesday, Further, the technical and conforming MATTERS TO BE CONSIDERED: The subject August 26, 2020. changes should ensure that the Rules matter of the open meeting will be the PLACE: The meeting will be held via remain clear and accurate to FICC Commission’s broader efforts to (1) remote means and/or at the members. Having clear and accurate modernize and improve the Commission’s headquarters, 100 F Rules should facilitate FICC members’ Commission’s disclosure framework in Street NE, Washington, DC 20549. understanding of those rules and light of the changes in our capital STATUS: This meeting will be closed to provide members with increased markets and domestic and global the public. predictability and certainty regarding economy, and (2) simplify, harmonize, MATTERS TO BE CONSIDERED: their obligations. Therefore, the and improve the exempt offering Commissioners, Counsel to the Commission believes the technical and framework under the Securities Act to Commissioners, the Secretary to the conforming changes would also promote promote capital formation and expand Commission, and recording secretaries the prompt and accurate clearance and investment opportunities while will attend the closed meeting. Certain settlement of securities, consistent with maintaining and enhancing appropriate staff members who have an interest in investor protections. The specific Section 17A(b)(3)(F) of the Act.26 the matters also may be present. matters to be considered are: In the event that the time, date, or IV. Conclusion (1) Whether to adopt amendments to location of this meeting changes, an modernize the description of business, announcement of the change, along with On the basis of the foregoing, the legal proceedings, and risk factor the new time, date, and/or place of the Commission finds that the proposed disclosures that registrants are required meeting will be posted on the rule change is consistent with the to make pursuant to Regulation S–K. Commission’s website at https:// requirements of the Act and, in These disclosure items, which have not www.sec.gov. particular, with the requirements of undergone significant revisions in over The General Counsel of the Section 17A of the Act 27 and the rules 30 years, would be updated to account Commission, or his designee, has and regulations promulgated for developments since the rules’ certified that, in his opinion, one or thereunder. adoption or last revision, to improve more of the exemptions set forth in 5 disclosure for investors, and to simplify It is therefore ordered, pursuant to U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) compliance for registrants. Specifically, Section 19(b)(2) of the Act 28 that and (10) and 17 CFR 200.402(a)(3), the amendments are intended to proposed rule change SR–FICC–2020– (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and improve the readability of disclosure 006, be, and hereby is, approved.29 (a)(10), permit consideration of the documents, as well as discourage scheduled matters at the closed meeting. repetition and the disclosure of The subject matter of the closed information that is not material. meeting will consist of the following 25 Id. (2) whether to adopt amendments to topic: 26 Id. the definition of ‘‘accredited investor’’ Institution and settlement of 27 15 U.S.C. 78q–1. in Commission rules and the definition injunctive actions; 28 15 U.S.C. 78s(b)(2). of ‘‘qualified institutional buyer’’ in Institution and settlement of 29 In approving the proposed rule change, the Rule 144A under the Securities Act to administrative proceedings; Commission considered the proposals’ impact on update and improve the definition to Resolution of litigation claims; and efficiency, competition, and capital formation. 15 Other matters relating to enforcement U.S.C. 78c(f). 30 17 CFR 200.30–3(a)(12). proceedings.

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At times, changes in Commission II. Self-Regulatory Organization’s open market and a national market priorities require alterations in the Statement of the Purpose of, and system, and, in general to protect scheduling of meeting agenda items that Statutory Basis for, the Proposed Rule investors and the public interest. may consist of adjudicatory, Change The Exchange believes that the examination, litigation, or regulatory In its filing with the Commission, the proposed rule change removes matters. Exchange included statements impediments to and perfects the concerning the purpose of and basis for mechanism of a free and open market CONTACT PERSON FOR MORE INFORMATION: because updating its data feeds table of the proposed rule change and discussed For further information; please contact market centers for which the exchange any comments it received on the Vanessa A. Countryman from the Office consumes quotation data through a proposed rule change. The text of these of the Secretary at (202) 551–5400. direct feed will provide clarity to market statements may be examined at the participants. Additionally, it is Dated: August 19, 2020. places specified in Item IV below. The necessary and consistent with the Vanessa A. Countryman, Exchange has prepared summaries, set public interest and the protection of Secretary. forth in sections A, B, and C below, of investors to update the Exchange’s table [FR Doc. 2020–18580 Filed 8–20–20; 11:15 am] the most significant aspects of such of market centers in Rule 4759 in order statements. BILLING CODE 8011–01–P to provide transparency with respect to A. Self-Regulatory Organization’s all the direct proprietary and network Statement of the Purpose of, and processor feeds from which the SECURITIES AND EXCHANGE Statutory Basis for, the Proposed Rule Exchange obtains market data. COMMISSION Change B. Self-Regulatory Organization’s [Release No. 34–89594; File No. SR– 1. Purpose Statement on Burden on Competition NASDAQ–2020–051] The Exchange proposes to update and The Exchange does not believe that amend the data feeds table in Rule 4759, the proposed rule change will impose Self-Regulatory Organizations; The which sets forth on a market-by-market any burden on competition not Nasdaq Stock Market LLC; Notice of basis the specific proprietary and necessary or appropriate in furtherance Filing and Immediate Effectiveness of network processor feeds that the of the purposes of the Act. The Proposed Rule Change To Amend Rule Exchange utilizes for the handling, proposed rule change is not designed to 4759 routing, and execution of orders, and for address any competitive issue; instead, performing the regulatory compliance its purpose is to enhance transparency August 18, 2020. checks related to each of those with respect to the operation of the Pursuant to Section 19(b)(1) of the functions. Specifically, the table would Exchange and its use of market data Securities Exchange Act of 1934 be amended to reflect that the Exchange feeds. 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, will receive a direct feed from NYSE C. Self-Regulatory Organization’s notice is hereby given that on August 6, National, Inc. (‘‘NYSE National’’), NYSE Statement on Comments on the 2020, The Nasdaq Stock Market LLC Chicago, Inc. (‘‘NYSE Chicago’’), and Proposed Rule Change Received From (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the Investors Exchange LLC (‘‘IEX’’) as its Members, Participants, or Others Securities and Exchange Commission primary quotation data source and CQS/ (‘‘Commission’’) the proposed rule UQDF will become its secondary data No written comments were either change as described in Items I and II source for the handling, routing and solicited or received. below, which Items have been prepared execution of orders and for performing III. Date of Effectiveness of the by the Exchange. The Commission is regulatory compliance processes related Proposed Rule Change and Timing for publishing this notice to solicit to each of those functions. The change Commission Action comments on the proposed rule change to the primary sources reflects the Because the foregoing proposed rule from interested persons. Exchange’s effort to include an change does not: (i) Significantly affect additional source in the event the I. Self-Regulatory Organization’s the protection of investors or the public primary source is unable to provide Statement of the Terms of Substance of interest; (ii) impose any significant data. burden on competition; and (iii) become the Proposed Rule Change The Exchange proposes to implement operative for 30 days from the date on the proposed rule change no later than The Exchange proposes to amend which it was filed, or such shorter time ninety (90) days following the effective Rule 4759 (Data Feeds Utilized) to as the Commission may designate, it has date of the proposed rule change. The change the primary source of quotation become effective pursuant to Section Exchange notes this additional time data of certain market centers in the list 19(b)(3)(A) of the Act 5 and Rule 19b– gives the Exchange time to configure its of proprietary and network processor 4(f)(6) thereunder.6 feeds that the Exchange utilizes for the system accordingly. At any time within 60 days of the handling, routing, and execution of 2. Statutory Basis filing of the proposed rule change, the orders as well as regulatory compliance The Exchange believes that its Commission summarily may processes related to those functions. proposal is consistent with Section 6(b) temporarily suspend such rule change if The text of the proposed rule change of the Act,3 in general, and furthers the 5 is available on the Exchange’s website at objectives of Section 6(b)(5) of the Act,4 15 U.S.C. 78s(b)(3)(A). 6 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– https://listingcenter.nasdaq.com/ in particular, in that it is designed to 4(f)(6)(iii) requires a self-regulatory organization to rulebook/nasdaq/rules, at the principal promote just and equitable principles of give the Commission written notice of its intent to office of the Exchange, and at the trade, to remove impediments to and file the proposed rule change, along with a brief Commission’s Public Reference Room. perfect the mechanism of a free and description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b). as designated by the Commission. The Exchange 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(5). has satisfied this requirement.

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it appears to the Commission that such to make available publicly. All II. Self-Regulatory Organization’s action is necessary or appropriate in the submissions should refer to File Statement of the Purpose of, and public interest, for the protection of Number SR–NASDAQ–2020–051 and Statutory Basis for, the Proposed Rule investors, or otherwise in furtherance of should be submitted on or before Change the purposes of the Act. If the September 14, 2020. In its filing with the Commission, the Commission takes such action, the For the Commission, by the Division of Exchange included statements Commission shall institute proceedings Trading and Markets, pursuant to delegated concerning the purpose of and basis for to determine whether the proposed rule authority.7 the proposed rule change and discussed change should be approved or J. Matthew DeLesDernier, any comments it received on the disapproved. Assistant Secretary. proposed rule change. The text of these IV. Solicitation of Comments [FR Doc. 2020–18465 Filed 8–21–20; 8:45 am] statements may be examined at the places specified in Item IV below. The Interested persons are invited to BILLING CODE 8011–01–P Exchange has prepared summaries, set submit written data, views, and forth in sections A, B, and C below, of arguments concerning the foregoing, the most significant aspects of such including whether the proposed rule SECURITIES AND EXCHANGE statements. change is consistent with the Act. COMMISSION Comments may be submitted by any of [Release No. 34–89596; File No. SR–CBOE– A. Self-Regulatory Organization’s the following methods: 2020–078] Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Electronic Comments Self-Regulatory Organizations; Cboe Change • Use the Commission’s internet Exchange, Inc.; Notice of Filing and 1. Purpose comment form (http://www.sec.gov/ Immediate Effectiveness of a Proposed rules/sro.shtml); or Rule Change To Amend Its Fees The Exchange proposes to amend its • Send an email to rule-comments@ Schedule To Adopt a New Fee Code fee schedule to adopt a new fee code for sec.gov. Please include File Number SR– Related to the Execution of an Equity the equity leg of a stock-option order, NASDAQ–2020–051 on the subject line. Leg of a Stock-Option Order which orders would yield fee code Paper Comments ‘‘EP’’, effective August 10, 2020. The August 18, 2020. Exchange also proposes to amend the • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the description of the existing fee for the to Secretary, Securities and Exchange Securities Exchange Act of 1934 (the equity leg of a stock-option order, which Commission, 100 F Street NE, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 yields fee code ‘‘EQ’’ and the notes Washington, DC 20549–1090. notice is hereby given that on August sections applicable to both fee codes EP All submissions should refer to File 10, 2020, Cboe Exchange, Inc. (the and EQ noted in the fees schedule. Number SR–NASDAQ–2020–051. This ‘‘Exchange’’ or ‘‘Cboe Options’’) filed The Exchange first notes that it file number should be included on the with the Securities and Exchange operates in a highly competitive market subject line if email is used. To help the Commission (the ‘‘Commission’’) the in which market participants can Commission process and review your proposed rule change as described in readily direct order flow to competing comments more efficiently, please use Items I, II, and III below, which Items venues if they deem fee levels at a only one method. The Commission will have been prepared by the Exchange. particular venue to be excessive or post all comments on the Commission’s The Commission is publishing this incentives to be insufficient. More internet website (http://www.sec.gov/ notice to solicit comments on the specifically, the Exchange is only one of rules/sro.shtml). Copies of the proposed rule change from interested 16 options venues to which market submission, all subsequent persons. participants may direct their order flow. amendments, all written statements Based on publicly available information, with respect to the proposed rule I. Self-Regulatory Organization’s no single options exchange has more change that are filed with the Statement of the Terms of Substance of than 17% of the market share.3 Thus, in Commission, and all written the Proposed Rule Change such a low-concentrated and highly communications relating to the Cboe Exchange, Inc. (the ‘‘Exchange’’ competitive market, no single options proposed rule change between the or ‘‘Cboe’’) is filing with the Securities exchange possesses significant pricing Commission and any person, other than and Exchange Commission power in the execution of option order those that may be withheld from the (‘‘Commission’’) a proposal to amend its flow. The Exchange believes that the public in accordance with the Fees Schedule to adopt a new fee code ever-shifting market share among the provisions of 5 U.S.C. 552, will be related to the execution of an equity leg exchanges from month to month available for website viewing and of a stock-option order. The text of the demonstrates that market participants printing in the Commission’s Public proposed rule change is provided in can shift order flow, or discontinue to Reference Room, 100 F Street NE, Exhibit 5. reduce use of certain categories of Washington, DC 20549, on official The text of the proposed rule change products, in response to fee changes. business days between the hours of is also available on the Exchange’s Accordingly, competitive forces 10:00 a.m. and 3:00 p.m. Copies of the website (http://www.cboe.com/ constrain the Exchange’s transaction filing also will be available for AboutCBOE/ fees, and market participants can readily inspection and copying at the principal CBOELegalRegulatoryHome.aspx), at trade on competing venues if they deem office of the Exchange. All comments the Exchange’s Office of the Secretary, pricing levels at those other venues to received will be posted without change. and at the Commission’s Public be more favorable. In response to Persons submitting comments are Reference Room. competitive pricing, the Exchange, like cautioned that we do not redact or edit 3 See Cboe Global Markets U.S. Options Market personal identifying information from 7 17 CFR 200.30–3(a)(12). Volume Summary (August 7, 2020), available at comment submissions. You should 1 15 U.S.C. 78s(b)(1). https://markets.cboe.com/us/options/market_ submit only information that you wish 2 17 CFR 240.19b–4. statistics/.

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other options exchanges, offers rebates bill its customers directly.5 Therefore, securities, to remove impediments to and assesses fees for certain order types the Exchange does not wish to assess and perfect the mechanism of a free and executed on or routed through the the current stock handling fee which open market and a national market Exchange. was adopted in part to recoup the fees system, and, in general, to protect Stock-option orders are complex assessed to the Exchange by the investors and the public interest, and, instruments that constitute the purchase Exchange’s current designated broker- particularly, is not designed to permit or sale of a stated number of units of an dealer, Cowen. As such, the Exchange unfair discrimination between underlying stock or a security proposes to make clear that stock- customers, issuers, brokers, or dealers. convertible into the underlying stock portions of stock-option strategy orders The Exchange believes that its coupled with the purchase or sale of an managed by Penserra and yielding fee proposed change to adopt fee code EP, option contract(s) on the opposite side code EP will not be subject to a fee. which will assess no fee for stock of the market and execute in the same The Exchange next proposes to portions of stock-option strategy order manner as complex orders. Through this modify the current notes section of the executions managed by Penserra, is functionality, the stock portions of Stock-Portion of Stock-Options Strategy consistent with Section 6(b)(4) of the stock-option strategy orders are Orders table. Particularly, the notes Act in that the proposal is reasonable, electronically communicated by the section currently provides that the equitable and not unfairly Exchange to a designated broker-dealer Exchange shall assess a fee of $0.0010 discriminatory. Specifically, the (currently, Cowen is the only broker- per share for the stock portion, which Exchange believes the proposal is dealer that may be designated for this Cboe Options must route to an outside reasonable as market participants will service), who then manages the venue, of stock-option orders executed not be subject to a fee for the execution execution of such stock portions. In via the Complex Order Auction of the stock-portion of a stock-option connection with the functionality, the (‘‘COA’’), the Complex Order Book order handled by one of the Exchange’s Exchange adopted a stock handling fee (‘‘COB’’), AIM, and SAM. The Exchange designated broker-dealers, Penserra. The Exchange believes it’s appropriate to not of $0.0010 per share for the processing proposes to now clarify that this fee also applies to the stock-component of a assess a fee for orders managed by and routing by the Exchange of the stock QCC with Stock Orders. The Exchange Penserra as compared to those managed portion of stock-option strategy orders notes that it made it clear that such fee by Cowen, as Penserra will directly executed through those mechanisms.4 would apply to these orders when it charge is customers for the stock portion The purpose of the stock handling fee is adopted QCC with Stock Orders, but of stock-option strategy orders and not to cover the fees charges by the outside that it inadvertently did not update the charge the Exchange, unlike Cowen who venue that prints the trade, as well as corresponding fees schedule and does not directly charge market assist in covering the Exchange’s costs intends to do so now to avoid potential participants, but rather charges the in matching these stock-option orders confusion.6 The Exchange lastly Exchange, which passes that fee through against other stock option orders on the proposes to modify the description of to customers. Further, the Exchange complex book. Additionally, the existing fee code EQ to specify that it is believes the proposal is equitable and Exchange also largely passes through to applicable to equity leg orders whose not unfairly discriminatory because the Trading Permit Holders (‘‘TPHs’’) the executions are managed by Cowen. proposed change applies to all TPHs fees assessed to the Exchange by the and all TPHs that execute stock-option 2. Statutory Basis designated broker (i.e., Cowen) that orders in the complex book will have manages the execution of these stock The Exchange believes that the the option to utilize Penserra to manage portions of stock-option strategy orders. proposed rule change is consistent with the execution of the stock portion of its The fee schedule also provides for a cap Section 6 of the Act,7 in general, and stock-option strategy orders. of $50 per execution for orders yielding furthers the requirements of Section Additionally, the Exchange believes fee code EQ, which aligns with how the 6(b)(4),8 in particular, as it is designed that the proposed description Exchange’s only current designated to provide for the equitable allocation of modification to existing fee code EQ broker-dealer (i.e., Cowen) applies a cap reasonable dues, fees and other charges will clarify that such executions to the execution management of the among its facilities and does not yielding fee code EQ are managed by stock portion of stock-option strategy unfairly discriminate between Cowen. The Exchange believes the orders. customers, issuers, brokers or dealers. amendment to the current notes section Now, the Exchange proposes to The Exchange also believes that the clarifies that the stock handling fee also amend its fee schedule to reflect the proposed rule change is consistent with applies to the stock-portion of QCC with option of an additional designated the objectives of Section 6(b)(5) Stock Orders, which reduces potential broker-dealer, Penserra, to manage the requirements that the rules of an confusion and maintains clarity in the execution of the stock portion of a stock- exchange be designed to prevent rules, thereby removing impediments to option strategy order. Specifically, the fraudulent and manipulative acts and and perfecting the mechanism of a free Exchange proposes to adopt fee code EP, practices, to promote just and equitable and open market and a national market which would be applicable to equity leg principles of trade, to foster cooperation system, and, in general, protecting orders whose executions are managed and coordination with persons engaged investors and the public interest. by Penserra. Unlike Cowen, Penserra in regulating, clearing, settling, B. Self-Regulatory Organization’s will not assess the Exchange fees for processing information with respect to, Statement on Burden on Competition managing the stock-portion of a stock- and facilitating transactions in option order, but rather will assess and The Exchange does not believe that 5 The Exchange notes it is possible Cowen the proposed rule change will impose 4 See Securities Exchange Act Release No. 67383 directly charges fees to customers in addition to the any burden on competition that is not (July 10, 2012), 77 FR 41841 (July 16, 2012) (SR– stock handling fee the Exchange charges. necessary or appropriate in furtherance 6 CBOE–2012–063) (stating the stock portions of See also Securities Exchange Act Release No. of the purposes of the Act. The stock-option strategy orders will be electronically 83891 (August 20, 2018) 83 FR 42949 (August 24, communicated by the Exchange to a designated 2018) (SR–CBOE–2018–058). Exchange does not believe that the broker-dealer, who will then manage the execution 7 15 U.S.C. 78f. proposed rule change will impose any of such stock portions). 8 15 U.S.C. 78f(b)(4). burden on competition that is not

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necessary or appropriate in furtherance dealers that act as their order-routing Paper Comments of the purposes of the Act. Specifically, agents, have a wide range of choices of • the Exchange does not believe that the where to route orders for execution’; Send paper comments in triplicate proposed change will impose any [and] ‘no exchange can afford to take its to Secretary, Securities and Exchange burden on intramarket competition that market share percentages for granted’ Commission, 100 F Street NE, is not necessary or appropriate in because ‘no exchange possesses a Washington, DC 20549–1090. furtherance of the purposes of the Act monopoly, regulatory or otherwise, in All submissions should refer to File because the proposed change will apply the execution of order flow from broker Number SR–CBOE–2020–078. This file uniformly to the stock portions of all 11 dealers’. . . .’’. Accordingly, the number should be included on the market participants’ stock-option Exchange does not believe its proposed subject line if email is used. To help the strategy orders that are handled by fee change imposes any burden on Penserra, a newly designated broker- Commission process and review your competition that is not necessary or comments more efficiently, please use dealer. The proposed rule change appropriate in furtherance of the only one method. The Commission will provides TPHs with additional options purposes of the Act. regarding the Exchange’s handling of post all comments on the Commission’s their stock-option orders. C. Self-Regulatory Organization’s internet website (http://www.sec.gov/ The Exchange does not believe that Statement on Comments on the rules/sro.shtml). Copies of the the proposed rule change will impose Proposed Rule Change Received From submission, all subsequent any burden on intermarket competition Members, Participants, or Others amendments, all written statements that is not necessary or appropriate in with respect to the proposed rule furtherance of the purposes of the Act. The Exchange neither solicited nor change that are filed with the As previously discussed, the Exchange received comments on the proposed Commission, and all written rule change. operates in a highly competitive market. communications relating to the TPHs have numerous alternative venues III. Date of Effectiveness of the proposed rule change between the that they may participate on and direct Proposed Rule Change and Timing for Commission and any person, other than their order flow, including 15 other Commission Action those that may be withheld from the options exchanges. Based on publicly public in accordance with the available information, no single options The foregoing rule change has become provisions of 5 U.S.C. 552, will be exchange has more than 17% of the effective pursuant to Section 19(b)(3)(A) available for website viewing and market share.9 Therefore, no exchange 12 of the Act and paragraph (f) of Rule printing in the Commission’s Public possesses significant pricing power in 19b–4 13 thereunder. At any time within Reference Room, 100 F Street NE, the execution of option order flow. In 60 days of the filing of the proposed rule Washington, DC 20549, on official such an environment, the Exchange change, the Commission summarily may business days between the hours of must continually adjust its fees to temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the remain competitive with other it appears to the Commission that such exchanges and to attract order flow to action is necessary or appropriate in the filing also will be available for the Exchange. Indeed, participants can public interest, for the protection of inspection and copying at the principal readily choose to send their orders to investors, or otherwise in furtherance of office of the Exchange. All comments other exchange, and, additionally off- the purposes of the Act. If the received will be posted without change. exchange venues, if they deem fee levels Commission takes such action, the Persons submitting comments are at those other venues to be more Commission will institute proceedings cautioned that we do not redact or edit favorable. Moreover, the Commission to determine whether the proposed rule personal identifying information from has repeatedly expressed its preference change should be approved or comment submissions. You should for competition over regulatory disapproved. submit only information that you wish intervention in determining prices, to make available publicly. All products, and services in the securities IV. Solicitation of Comments submissions should refer to File markets. Specifically, in Regulation Number SR–CBOE–2020–078 and NMS, the Commission highlighted the Interested persons are invited to submit written data, views and should be submitted on or before importance of market forces in September 14, 2020. determining prices and SRO revenues arguments concerning the foregoing, and, also, recognized that current including whether the proposed rule For the Commission, by the Division of regulation of the market system ‘‘has change is consistent with the Act. Trading and Markets, pursuant to delegated been remarkably successful in Comments may be submitted by any of authority.14 promoting market competition in its the following methods: J. Matthew DeLesDernier, broader forms that are most important to Electronic Comments Assistant Secretary. 10 investors and listed companies.’’ The [FR Doc. 2020–18501 Filed 8–21–20; 8:45 am] • fact that this market is competitive has Use the Commission’s internet BILLING CODE 8011–01–P also long been recognized by the courts. comment form (http://www.sec.gov/ In NetCoalition v. Securities and rules/sro.shtml); or Exchange Commission, the D.C. Circuit • Send an email to rule-comments@ stated as follows: ‘‘[n]o one disputes sec.gov. Please include File Number SR– that competition for order flow is CBOE–2020–078 on the subject line. ‘fierce.’ . . . As the SEC explained, ‘[i]n the U.S. national market system, buyers 11 NetCoalition v. SEC, 615 F.3d 525, 539 (DC Cir. and sellers of securities, and the broker- 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782–83 9 See supra note 3. (December 9, 2008) (SR–NYSEArca–2006–21)). 10 See Securities Exchange Act Release No. 51808 12 15 U.S.C. 78s(b)(3)(A). (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005). 13 17 CFR 240.19b–4(f). 14 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s option orders are complex instruments COMMISSION Statement of the Purpose of, and that constitute the purchase or sale of a Statutory Basis for, the Proposed Rule stated number of units of an underlying [Release No. 34–89597; File No. SR– Change stock or a security convertible into the underlying stock coupled with the CboeEDGX–2020–041] 1. Purpose purchase or sale of an option contract(s) Self-Regulatory Organizations; Cboe The Exchange proposes to amend its on the opposite side of the market and fee schedule applicable to its options EDGX Exchange, Inc.; Notice of Filing execute in the same manner as complex trading platform (‘‘EDGX Options’’) to and Immediate Effectiveness of a orders. Through this functionality, the adopt another fee for the equity leg of stock portions of stock-option strategy Proposed Rule Change Relating To a stock-option order, which orders Amend its Fees Schedule orders are electronically communicated would yield fee code ‘‘EP’’, effective by the Exchange to a designated broker- August 18, 2020. August 10, 2020. The Exchange also dealer (i.e., Cowen), who then manages proposes to amend the description of the execution of such stock portions. In Pursuant to Section 19(b)(1) of the the existing fee for the equity leg of a connection with the functionality, the Securities Exchange Act of 1934 (the stock-option order, which yields fee Exchange adopted a stock handling fee 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, code ‘‘EQ’’, and to establish a maximum of $0.0010 per share for the processing notice is hereby given that, on August fee per execution applicable to fee code and routing by the Exchange of the stock 10, 2020, Cboe EDGX Exchange, Inc. EQ. portion of stock-option strategy orders (the ‘‘Exchange’’ or ‘‘EDGX’’) filed with The Exchange first notes that it executed through those mechanisms.5 the Securities and Exchange operates in a highly competitive market The purpose of the stock handling fee is Commission (the ‘‘Commission’’) the in which market participants can to cover the fees charges by the outside proposed rule change as described in readily direct order flow to competing venue that prints the trade, as well as Items I, II and III below, which Items venues if they deem fee levels at a assist in covering the Exchange’s costs have been prepared by the Exchange. particular venue to be excessive or in matching these stock-option orders The Commission is publishing this incentives to be insufficient. More against other stock option orders on the notice to solicit comments on the specifically, the Exchange is only one of complex book. Additionally, the proposed rule change from interested 16 options venues to which market Exchange also largely passes through to persons. participants may direct their order flow. Members the fees assessed to the Based on publicly available information, Exchange by the designated broker (i.e., I. Self-Regulatory Organization’s no single options exchange has more Cowen) that manages the execution of Statement of the Terms of Substance of 3 than 17% of the market share. Thus, in these stock portions of stock-option the Proposed Rule Change such a low-concentrated and highly strategy orders. competitive market, no single options Cboe EDGX Exchange, Inc. (the Now, the Exchange proposes to exchange possesses significant pricing amend its fee schedule to reflect the ‘‘Exchange’’ or ‘‘EDGX’’) is filing with power in the execution of option order the Securities and Exchange option of an additional designated flow. The Exchange believes that the broker-dealer, Penserra, to manage the Commission (‘‘Commission’’) a ever-shifting market share among the proposed rule change to amend the fee execution of the stock portion of a stock- exchanges from month to month option order. Specifically, the Exchange schedule. The text of the proposed rule demonstrates that market participants change is provided in Exhibit 5. proposes to adopt fee code EP, which can shift order flow, or discontinue to would be applicable to equity leg orders The text of the proposed rule change reduce use of certain categories of whose executions are managed by is also available on the Exchange’s products, in response to fee changes. Penserra. Unlike Cowen, Penserra will website (http://markets.cboe.com/us/ Accordingly, competitive forces not assess the Exchange fees for options/regulation/rule_filings/edgx/), constrain the Exchange’s transaction managing the stock-portion of a stock- at the Exchange’s Office of the fees, and market participants can readily option order, but rather will assess and Secretary, and at the Commission’s trade on competing venues if they deem bill its customers directly. Therefore, Public Reference Room. pricing levels at those other venues to the Exchange does not wish to assess be more favorable. In response to the current stock handling fee which II. Self-Regulatory Organization’s competitive pricing, the Exchange, like was adopted in part to recoup the fees Statement of the Purpose of, and other options exchanges, offers rebates assessed to the Exchange by the Statutory Basis for, the Proposed Rule and assesses fees for certain order types Exchange’s current designated broker- Change executed on or routed through the dealer, Cowen. As such, stock-portions Exchange. In its filing with the Commission, the of stock-option strategy orders managed Pursuant to rule filing SR–2019– by Penserra and yielding fee code EP Exchange included statements CboeEDGX–039 [sic],4 the Exchange concerning the purpose of and basis for will be free. implemented stock-option order The Exchange also proposes to modify the proposed rule change and discussed functionality on August 16, 2019. Stock- any comments it received on the existing fee code EQ to specify that it is applicable to equity leg orders whose proposed rule change. The text of these 3 See Cboe Global Markets U.S. Options Market executions are managed by Cowen. statements may be examined at the Volume Summary (August 7, 2020), available at Additionally, the Exchange proposes to places specified in Item IV below. The https://markets.cboe.com/us/options/market_ statistics/. establish a maximum fee of $50.00 per Exchange has prepared summaries, set 4 See Securities Exchange Act Release No. 86353 execution under fee code EQ. The forth in sections A, B, and C below, of (July 11, 2019), 84 FR 34230 (July 17, 2019) (Notice Exchange notes that Cowen currently the most significant aspects of such of Filing and Immediate Effectiveness of a Proposed applies the $50 cap on a per execution statements. Rule Change To Add Stock-Option Order Functionality and Complex Qualified Contingent Cross (‘‘QCC’’) Order With Stock Functionality, and 5 See Securities Exchange Act Release No. 86743 1 15 U.S.C. 78s(b)(1). To Make Other Changes to its Rules) (SR– (August 23, 2019) 84 FR 45606 (August 29, 2020) 2 17 CFR 240.19b–4. CboeEDGX–2019–039). [sic] (SR–CboeEDGX–2019–052).

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basis. The Exchange therefore proposes Exchange believes the proposal is burden on intramarket competitions that to similarly cap the stock-option fee on reasonable as market participants will is not necessary or appropriate in a per execution basis, which will more not be subject to a fee for the execution furtherance of the purposes of the Act closely align to how Cowen applies the of the stock-portion of a stock-option because the proposed change will apply cap. Additionally, the Exchange order handled by one of the Exchange’s uniformly to the stock portions of all believes the proposed cap ensures that designated broker-dealers, Penserra. The market participants’ stock-option market participants do not pay Exchange believes it’s appropriate to not strategy orders. extremely large fees, not more than the assess a fee for orders managed by The Exchange does not believe that capped amount, for the processing and Penserra as compared to those managed the proposed rule change will impose routing by the Exchange of the stock by Cowen, as Penserra will directly any burden on intermarket competition portions of stock-option orders. The charge is customers for the stock portion that is not necessary or appropriate in Exchange notes that other exchanges, of stock-option strategy orders and not furtherance of the purposes of the Act. including its affiliate, Cboe Exchange, charge the Exchange, unlike Cowen who As previously discussed, the Exchange Inc., have likewise implemented does not directly charge market operates in a highly competitive market. substantially similar fee caps in participants, but rather charges the Members have numerous alternative response to their respective Exchange. Further, the Exchange venues that they may participate on and implementations of stock-option believes the proposal is equitable and direct their order flow, including 15 strategy order functionality.6 not unfairly discriminatory because the other options exchanges. Based on proposed change applies to all TPHs publicly available information, no single 2. Statutory Basis and all TPHs that execute stock-option options exchange has more than 17% of The Exchange believes that the orders in the complex book will have the market share.10 Therefore, no proposed rule change is consistent with the option to utilize Penserra to manage exchange possesses significant pricing Section 6 of the Act,7 in general, and the execution of the stock portion of its power in the execution of option order furthers the requirements of Section stock-option strategy orders. flow. In such an environment, the 6(b)(4),8 in particular, as it is designed Additionally, the Exchange believes Exchange must continually adjust its to provide for the equitable allocation of that the proposed description fees to remain competitive with other reasonable dues, fees and other charges modification to existing fee code EQ exchanges and to attract order flow to among its facilities and does not will clarify that such executions are the Exchange. The proposed cap to fee unfairly discriminate between managed by Cowen. Furthermore, the code EQ is substantially similar to fee customers, issuers, brokers or dealers. Exchange believes its proposed change caps offered by the Exchange’s affiliate, The Exchange also believes that the relating to how it caps the stock-option Cboe Options, and other competing proposed rule change is consistent with order fee is reasonable because the exchanges,11 therefore, the Exchange the objectives of Section 6(b)(5) Exchange is capping the transactions the believes that the proposed rule change requirements that the rules of an same way Cowen caps (and bills the appropriately reflects this competitive exchange be designed to prevent Exchange) for these orders. The environment. Indeed, participants can fraudulent and manipulative acts and Exchange believes that its proposal to readily choose to send their orders to practices, to promote just and equitable cap fee code EQ at $50.00 per execution other exchange, and, additionally off- principles of trade, to foster cooperation is also reasonable because it will limit exchange venues, if they deem fee levels and coordination with persons engaged the amount a market participant will be at those other venues to be more in regulating, clearing, settling, assessed for the routing and processing favorable. Moreover, the Commission processing information with respect to, by the Exchange of the stock portion of has repeatedly expressed its preference and facilitating transactions in stock-option strategy orders. As noted for competition over regulatory securities, to remove impediments to above, the proposed fee cap is identical intervention in determining prices, and perfect the mechanism of a free and to fees assessed by other options products, and services in the securities exchanges for stock legs executed as a markets. Specifically, in Regulation open market and a national market 9 system, and, in general, to protect part of stock-option strategy orders. As NMS, the Commission highlighted the investors and the public interest, and, such, stock-option strategy orders are importance of market forces in particularly, is not designed to permit available on other options exchanges determining prices and SRO revenues unfair discrimination between and participants can readily direct order and, also, recognized that current customers, issuers, brokers, or dealers. flow to another exchange if they deem regulation of the market system ‘‘has The Exchange believes that its other exchanges’ fees to be more been remarkably successful in proposed change to adopt fee code EP, favorable. promoting market competition in its which will assess no fee for stock B. Self-Regulatory Organization’s broader forms that are most important to portions of stock-option strategy order Statement on Burden on Competition investors and listed companies.’’ 12 The executions managed by Penserra, is fact that this market is competitive has The Exchange does not believe that also long been recognized by the courts. consistent with Section 6(b)(4) of the the proposed rule change will impose Act in that the proposal is reasonable, In NetCoalition v. Securities and any burden on competition that is not Exchange Commission, the D.C. Circuit equitable and not unfairly necessary or appropriate in furtherance discriminatory. Specifically, the stated as follows: ‘‘[n]o one disputes of the purposes of the Act. The that competition for order flow is Exchange does not believe that the 6 See Securities Exchange Act Release No. 85909 ‘fierce.’ . . . As the SEC explained, ‘[i]n (May 21, 2019), 84 FR 24587 (May 28, 2019) (SR– proposed rule change will impose any the U.S. national market system, buyers EMERALD–2019–21); Securities Exchange Act burden on competition that is not and sellers of securities, and the broker- Release No. 83788 (August 7, 2018), 83 FR 40110 necessary or appropriate in furtherance dealers that act as their order-routing (August 13, 2018) (SR–MIAX–2018–18); and of the purposes of the Act. Specifically, Securities Exchange Act Release No. 67383 (July 10, 2012), 77 FR 41841 (July 16, 2012) (SR–CBOE– the Exchange does not believe that the 10 See supra note 5. 2012–063). proposed change will impose any 11 See supra note 6. 7 15 U.S.C. 78f. 12 See Securities Exchange Act Release No. 51808 8 15 U.S.C. 78f(b)(4). 9 See supra note 6. (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).

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agents, have a wide range of choices of Paper Comments 100 F Street NE, Washington, DC where to route orders for execution’; • Send paper comments in triplicate 20549–2736 [and] ‘no exchange can afford to take its to Secretary, Securities and Exchange Extension: market share percentages for granted’ Commission, 100 F Street NE, Form ADV because ‘no exchange possesses a Washington, DC 20549–1090. Notice is hereby given that, pursuant monopoly, regulatory or otherwise, in All submissions should refer to File to the Paperwork Reduction Act of 1995 the execution of order flow from broker Number SR–CboeEDGX–2020–041. This (44 U.S.C. 3501 et seq.), the Securities dealers’ . . .’’.13 Accordingly, the file number should be included on the and Exchange Commission (the Exchange does not believe its proposed subject line if email is used. To help the ‘‘Commission’’) has submitted to the fee change imposes any burden on Commission process and review your Office of Management and Budget competition that is not necessary or comments more efficiently, please use (‘‘OMB’’) a request for extension of the appropriate in furtherance of the only one method. The Commission will previously approved collection of purposes of the Act. post all comments on the Commission’s information discussed below. C. Self-Regulatory Organization’s internet website (http://www.sec.gov/ The title for the collection of Statement on Comments on the rules/sro.shtml). Copies of the information is ‘‘Form ADV under the Proposed Rule Change Received From submission, all subsequent Investment Advisers Act of 1940.’’ Form Members, Participants, or Others amendments, all written statements ADV is a three-part investment adviser with respect to the proposed rule registration form. Part 1 of Form ADV The Exchange neither solicited nor change that are filed with the contains information used primarily by received comments on the proposed Commission, and all written the Securities and Exchange rule change. communications relating to the Commission (the ‘‘Commission’’) staff proposed rule change between the and Part 2 is the client brochure. Part 3 III. Date of Effectiveness of the Commission and any person, other than requires registered investment advisers Proposed Rule Change and Timing for those that may be withheld from the that offer services to retail investors to Commission Action public in accordance with the prepare and file with the Commission, The foregoing rule change has become provisions of 5 U.S.C. 552, will be post to the adviser’s website (if it has effective pursuant to Section 19(b)(3)(A) available for website viewing and one), and deliver to retail investors a of the Act 14 and paragraph (f) of Rule printing in the Commission’s Public relationship summary. The Commission 19b–4 15 thereunder. At any time within Reference Room, 100 F Street NE, uses the information on Form ADV to 60 days of the filing of the proposed rule Washington, DC 20549, on official determine eligibility for registration change, the Commission summarily may business days between the hours of with us and to manage our regulatory temporarily suspend such rule change if 10:00 a.m. and 3:00 p.m. Copies of the and examination programs. Clients use it appears to the Commission that such filing also will be available for the information required in Form ADV action is necessary or appropriate in the inspection and copying at the principal to determine whether to hire or retain public interest, for the protection of office of the Exchange. All comments an investment adviser, as well as what received will be posted without change. types of accounts and services are investors, or otherwise in furtherance of Persons submitting comments are appropriate for their needs. This the purposes of the Act. If the cautioned that we do not redact or edit collection of information is found at 17 Commission takes such action, the personal identifying information from CFR 279.1, 17 CFR 275.203–1, 17 CFR Commission will institute proceedings comment submissions. You should 275.204–1 and 17 CFR 275.204–4 and is to determine whether the proposed rule submit only information that you wish mandatory. change should be approved or to make available publicly. All The Commission’s examination staff disapproved. submissions should refer to File use the information to determine IV. Solicitation of Comments Number SR–CboeEDGX–2020–041 and eligibility for registration with us and to should be submitted on or before manage our regulatory, examination, Interested persons are invited to September 14, 2020. and enforcement programs; it will be submit written data, views and For the Commission, by the Division of accorded the same level of arguments concerning the foregoing, Trading and Markets, pursuant to delegated confidentiality accorded to other including whether the proposed rule authority.16 responses provided to the Commission change is consistent with the Act. J. Matthew DeLesDernier, in the context of its examination and Comments may be submitted by any of Assistant Secretary. oversight program. the following methods: The respondents to this information [FR Doc. 2020–18469 Filed 8–21–20; 8:45 am] collection are investment advisers Electronic Comments BILLING CODE 8011–01–P registered with the Commission. Our • Use the Commission’s internet latest data indicate that there were comment form (http://www.sec.gov/ SECURITIES AND EXCHANGE 13,520 advisers registered with the rules/sro.shtml); or COMMISSION Commission as of January 30, 2020. The • Commission has estimated that Form Send an email to rule-comments@ [SEC File No. 270–39, OMB Control No. ADV imposes an annual burden of sec.gov. Please include File Number SR– 3235–0049] approximately 26.19 hours per CboeEDGX–2020–041 on the subject respondent. Based on this figure, the line. Submission for OMB Review; Comment Request Commission estimates a total annual burden of 466,505 hours for this 13 NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Upon Written Request, Copies Available collection of information. Cir. 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782– From: Securities and Exchange The public may view background 83 (December 9, 2008) (SR–NYSEArca–2006–21)). Commission, Office of FOIA Services, documentation for this information 14 15 U.S.C. 78s(b)(3)(A). collection at the following website: 15 17 CFR 240.19b–4(f). 16 17 CFR 200.30–3(a)(12). www.reginfo.gov. Find this particular

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information collection by selecting SECURITIES AND EXCHANGE change was February 20, 2020. August ‘‘Currently under 30-day Review—Open COMMISSION 18, 2020, is 180 days from that date, and October 17, 2020, is 240 days from that for Public Comments’’ or by using the [Release No. 34–89592; File No. SR– search function. Written comments and NYSENAT–2020–05] date. recommendations for the proposed The Commission finds it appropriate information collection should be sent Self-Regulatory Organizations; NYSE to designate a longer period within within 30 days of publication of this National, Inc.; Notice of Designation of which to issue an order approving or notice to (i) www.reginfo.gov/public/do/ a Longer Period for Commission disapproving the proposed rule change PRAMain and (ii) David Bottom, Action on Proceedings to Determine so that it has sufficient time to consider Director/Chief Information Officer, Whether to Approve or Disapprove a this proposed rule change. Accordingly, the Commission, pursuant to Section Securities and Exchange Commission, c/ Proposed Rule Change to Establish 19(b)(2) of the Act,8 designates October o Cynthia Roscoe, 100 F Street NE, Fees for the NYSE National Integrated 17, 2020, as the date by which the Washington, DC 20549, or by sending an Feed _ Commission shall either approve or email to: PRA [email protected]. August 18, 2020. disapprove the proposed rule change Dated: August 19, 2020. On February 3, 2020, NYSE National, (File No. SR–NYSENAT–2020–05). Inc. (‘‘NYSE National’’) filed with the J. Matthew DeLesDernier, For the Commission, by the Division of Securities and Exchange Commission Assistant Secretary. Trading and Markets, pursuant to delegated (‘‘Commission’’), pursuant to Section authority.9 [FR Doc. 2020–18499 Filed 8–21–20; 8:45 am] 19(b)(1) of the Securities Exchange Act J. Matthew DeLesDernier, BILLING CODE 8011–01–P of 1934 (‘‘Act’’) 1 and Rule 19b–4 Assistant Secretary. thereunder,2 a proposed rule change to establish fees for the NYSE National [FR Doc. 2020–18463 Filed 8–21–20; 8:45 am] SECURITIES AND EXCHANGE Integrated Feed. The proposed rule BILLING CODE 8011–01–P COMMISSION change was immediately effective upon filing with the Commission pursuant to SECURITIES AND EXCHANGE Section 19(b)(3)(A) of the Act.3 The [Release No. 34–89605; File No. SR– COMMISSION NASDAQ–2020–037] proposed rule change was published for comment in the Federal Register on [Release No. 34–89603; File No. SR– Self-Regulatory Organizations; The February 20, 2020.4 On April 1, 2020, NASDAQ–2020–043] Nasdaq Stock Market LLC; Notice of the Division of Trading and Markets, for Self-Regulatory Organizations; The Withdrawal of a Proposed Rule Change the Commission pursuant to delegated Nasdaq Stock Market LLC; Notice of To Adopt a New ‘‘Early Market On authority, temporarily suspended the Filing and Immediate Effectiveness of Close’’ Order Type proposed rule change and instituted proceedings to determine whether to Proposed Rule Change To Amend Rule August 18, 2020. approve or disapprove the proposed 4759 5 On July 6, 2020, The Nasdaq Stock rule change. On June 12, 2020, the August 18, 2020. Market LLC (‘‘Exchange’’) filed with the Commission issued a request for Pursuant to Section 19(b)(1) of the information and additional comment on Securities Exchange Act of 1934 Securities and Exchange Commission 6 the proposed rule change. 1 2 (‘‘Commission’’), pursuant to Section 7 (‘‘Act’’), and Rule 19b–4 thereunder, Section 19(b)(2) of the Act provides notice is hereby given that on August 5, 19(b)(1) of the Securities Exchange Act that, after initiating disapproval 1 2 2020, The Nasdaq Stock Market LLC of 1934, and Rule 19b–4 thereunder, a proceedings, the Commission shall issue proposed rule change to adopt a new (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the an order approving or disapproving the Securities and Exchange Commission ‘‘Early Market On Close’’ order type. proposed rule change not later than 180 (‘‘Commission’’) the proposed rule The proposed rule change was days after the date of publication of change as described in Items I and II published for comment in the Federal notice of filing of the proposed rule below, which Items have been prepared Register on July 22, 2020.3 On August change. The Commission may extend by the Exchange. The Commission is 14, 2020, the Exchange withdrew the the period for issuing an order publishing this notice to solicit proposed rule change (SR–NASDAQ– approving or disapproving the proposed comments on the proposed rule change rule change, however, by not more than 2020–037). from interested persons. 60 days if the Commission determines For the Commission, by the Division of that a longer period is appropriate and Trading and Markets, pursuant to delegated I. Self-Regulatory Organization’s publishes the reasons for such authority.4 Statement of the Terms of Substance of determination. The date of publication the Proposed Rule Change J. Matthew DeLesDernier, of notice of filing of the proposed rule The Exchange proposes to amend Assistant Secretary. Rule 4759 (Data Feeds Utilized) to add [FR Doc. 2020–18472 Filed 8–21–20; 8:45 am] 1 15 U.S.C. 78s(b)(1). 2 MIAX PEARL, LLC (‘‘MIAX PEARL’’) BILLING CODE 8011–01–P 17 CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). and MEMX LLC (‘‘MEMX’’) to the list of 4 See Securities Exchange Act Release No. 88211 market centers under Rule 4759 and 1 15 U.S.C. 78s(b)(1). (February 14, 2020), 85 FR 9847. provide that the Exchange will utilize 217 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 88538, CQS/UQDF. 3 See Securities Exchange Act Release No. 89334 85 FR 19541 (April 7, 2020). The text of the proposed rule change (July 16, 2020), 85 FR 44333. Comments received 6 See Securities Exchange Act Release No. 89065, is available on the Exchange’s website at on the proposed rule change are available on the 85 FR 37123 (June 19, 2020). Comments received on the proposed rule change are available on the Commission’s website at: https://www.sec.gov/ 8 Commission’s website at: https://www.sec.gov/ Id. comments/sr-nasdaq-2020-037/ comments/sr-nysenat-2020-05/ 9 17 CFR 200.30–3(a)(57). srnasdaq2020037.htm. srnysenat202005.htm. 1 15 U.S.C. 78s(b)(1). 4 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4.

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https://listingcenter.nasdaq.com/ mechanism of a free and open market the 30-day operative delay. Waiver of rulebook/nasdaq/rules, at the principal because adding MIAX Pearl and MEMX the operative delay would allow the office of the Exchange, and at the to its list of market centers for which the Exchange to disclose the updated list of Commission’s Public Reference Room. Exchange consumes quotation data. market centers for which the Exchange Moreover, it is necessary and consistent consumes quotation data, and the II. Self-Regulatory Organization’s with the public interest and the source of the quotation data, at the time Statement of the Purpose of, and protection of investors to update the that MIAX Pearl and MEMX become Statutory Basis for, the Proposed Rule Exchange’s table of market centers in operational. The Commission believes Change order to provide transparency with that waiving the 30-day operative delay In its filing with the Commission, the respect to all the direct proprietary and is consistent with the protection of Exchange included statements network processor feeds from which the investors and the public interest. concerning the purpose of and basis for Exchange obtains market data. Accordingly, the Commission waives the proposed rule change and discussed the 30-day operative delay and B. Self-Regulatory Organization’s any comments it received on the designates the proposed rule change as Statement on Burden on Competition proposed rule change. The text of these operative upon filing.10 statements may be examined at the The Exchange does not believe that At any time within 60 days of the places specified in Item IV below. The the proposed rule change will impose filing of the proposed rule change, the Exchange has prepared summaries, set any burden on competition not Commission summarily may forth in sections A, B, and C below, of necessary or appropriate in furtherance temporarily suspend such rule change if the most significant aspects of such of the purposes of the Act. The it appears to the Commission that such statements. proposed rule change is not designed to action is necessary or appropriate in the address any competitive issue; instead, public interest, for the protection of A. Self-Regulatory Organization’s its purpose is to enhance transparency investors, or otherwise in furtherance of Statement of the Purpose of, and with respect to the operation of the the purposes of the Act. If the Statutory Basis for, the Proposed Rule Exchange and its use of market data Commission takes such action, the Change feeds. Commission shall institute proceedings 1. Purpose C. Self-Regulatory Organization’s to determine whether the proposed rule Statement on Comments on the change should be approved or In anticipation of their planned disapproved. launches,3 the Exchange proposes to Proposed Rule Change Received From amend the table in Rule 4759 to include Members, Participants, or Others IV. Solicitation of Comments MIAX Pearl and MEMX. The Exchange No written comments were either Interested persons are invited to will use securities information solicited or received. submit written data, views, and processor (‘‘SIP’’) data, i.e., CQS SIP arguments concerning the foregoing, III. Date of Effectiveness of the data, for securities reported under the including whether the proposed rule Proposed Rule Change and Timing for Consolidated Quotation System and change is consistent with the Act. Commission Action Consolidated Quotation Plan and UQDF Comments may be submitted by any of SIP data for securities reported under Because the foregoing proposed rule the following methods: the Nasdaq Unlisted Trading Privileges change does not: (i) Significantly affect Plan to obtain MIAX Pearl and MEMX the protection of investors or the public Electronic Comments quotation information. At this stage, no interest; (ii) impose any significant • Use the Commission’s internet secondary source for MIAX Pearl and burden on competition; and (iii) become comment form (http://www.sec.gov/ MEMX will be used. operative for 30 days from the date on rules/sro.shtml); or which it was filed, or such shorter time • Send an email to rule-comments@ 2. Statutory Basis as the Commission may designate, it has sec.gov. Please include File Number SR– The Exchange believes that its become effective pursuant to Section NASDAQ–2020–043 on the subject line. proposal is consistent with Section 6(b) 6 19(b)(3)(A) of the Act and Rule 19b– Paper Comments of the Act,4 in general, and furthers the 4(f)(6) thereunder.7 objectives of Section 6(b)(5) of the Act,5 A proposed rule change filed • Send paper comments in triplicate in particular, in that it is designed to pursuant to Rule 19b–4(f)(6) under the to Secretary, Securities and Exchange promote just and equitable principles of Act 8 normally does not become Commission, 100 F Street NE, trade, to remove impediments to and operative for 30 days after the date of its Washington, DC 20549–1090. perfect the mechanism of a free and filing. However, Rule 19b–4(f)(6)(iii) 9 All submissions should refer to File open market and a national market permits the Commission to designate a Number SR–NASDAQ–2020–043. This system, and, in general to protect shorter time if such action is consistent file number should be included on the investors and the public interest. with the protection of investors and the subject line if email is used. To help the The Exchange believes that the public interest. The Exchange has Commission process and review your proposed rule change removes requested that the Commission waive comments more efficiently, please use impediments to and perfects the only one method. The Commission will 6 15 U.S.C. 78s(b)(3)(A). post all comments on the Commission’s 3 MIAX Pearl Equities will begin trading in 7 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– internet website (http://www.sec.gov/ September 2020, pending SEC approval. See MIAX 4(f)(6)(iii) requires a self-regulatory organization to rules/sro.shtml). Copies of the Pearl Alerts available at, https:// give the Commission written notice of its intent to www.miaxoptions.com/alerts/2020/02/14/miax- file the proposed rule change, along with a brief submission, all subsequent pearl-equities-exchange-codes-and-important- description and text of the proposed rule change, amendments, all written statements dates-regarding-launch-new. MEMX is expected to at least five business days prior to the date of filing launch on September 4, 2020. See MEMX Update of the proposed rule change, or such shorter time 10 For purposes only of waiving the 30-day from Jonathan Kellner, dated June 11, 2020, as designated by the Commission. The Exchange operative delay, the Commission also has available at https://memx.com/memx-update/. has satisfied this requirement. considered the proposed rule’s impact on 4 15 U.S.C. 78f(b). 8 17 CFR 240.19b–4(f)(6). efficiency, competition, and capital formation. See 5 15 U.S.C. 78f(b)(5). 9 17 CFR 240.19b–4(f)(6)(iii). 15 U.S.C. 78c(f).

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with respect to the proposed rule prepared primarily by OCC. The margin and Clearing Fund change that are filed with the Commission is publishing this notice to requirements.4 However, OCC Rules Commission, and all written solicit comments on the proposed rule 1002(c) and 604(d) (described in more communications relating to the change from interested persons. detail below) impose certain restrictions proposed rule change between the on the manner in which OCC must hold I. Clearing Agency’s Statement of the Commission and any person, other than Clearing Fund contributions and margin Terms of Substance of the Proposed those that may be withheld from the assets.5 Consistent with these Rule Change public in accordance with the requirements, OCC currently holds only provisions of 5 U.S.C. 552, will be This proposed rule change by OCC cash Clearing Fund contributions in its available for website viewing and would set forth new interpretations and Federal Reserve Bank Account and printing in the Commission’s Public policies to OCC Rules 604 (Form of separately holds cash margin assets of Reference Room, 100 F Street NE, Margin Assets) and 1002 (Clearing Fund Clearing Members in accounts with Washington, DC 20549, on official Contributions) to provide OCC with commercial banks. business days between the hours of express authority to hold cash Clearing Congress established the Federal 10:00 a.m. and 3:00 p.m. Copies of the Fund contributions and certain non- Reserve System, comprised of the Board filing also will be available for customer cash margin assets in its of Governors, the Federal Open Markets inspection and copying at the principal account at the Federal Reserve Bank of Committee, and twelve Federal Reserve office of the Exchange. All comments Chicago at the same time. The proposed Banks, in 1913 as the central bank of the received will be posted without change. changes to OCC’s Rules are included in U.S. ‘‘to provide the nation with a safer, Persons submitting comments are Exhibit 5 of filing SR–OCC–2020–010. more flexible, and more stable monetary cautioned that we do not redact or edit Material proposed to be added is and financial system.’’ 6 The personal identifying information from underlined and material proposed to be Commission’s rules for covered clearing comment submissions. You should deleted is marked in strikethrough text. agencies 7 like OCC expressly promote submit only information that you wish All terms with initial capitalization that the use of central bank services for a to make available publicly. All are not defined herein have the same variety of purposes, including using submissions should refer to File meaning as set forth in the OCC By- central bank services to: conduct money Number SR–NASDAQ–2020–043 and Laws and Rules.3 settlements,8 satisfy requirements should be submitted on or before II. Clearing Agency’s Statement of the regarding custody of qualifying liquid September 14, 2020. resources,9 and enhance management of Purpose of, and Statutory Basis for, the 10 For the Commission, by the Division of Proposed Rule Change liquidity risk. OCC is proposing Trading and Markets, pursuant to delegated amendments to Rules 604 and 1002 that, authority.11 In its filing with the Commission, as described below, would permit OCC OCC included statements concerning to commingle cash Clearing Fund J. Matthew DeLesDernier, the purpose of and basis for the contributions and certain non-customer proposed rule change and discussed any Assistant Secretary. cash margin assets of Clearing Members comments it received on the proposed in its Federal Reserve Bank Account. [FR Doc. 2020–18471 Filed 8–21–20; 8:45 am] rule change. The text of these statements BILLING CODE 8011–01–P may be examined at the places specified Proposed Change in Item IV below. OCC has prepared Cash Margin Assets summaries, set forth in sections (A), (B), SECURITIES AND EXCHANGE OCC Rule 604(d) states that certain and (C) below, of the most significant COMMISSION cash margin assets of Clearing Members aspects of these statements. (‘‘Specified Cash Margin Assets’’) must [Release No. 34–89590; File No. SR–OCC– 2020–010] (A) Clearing Agency’s Statement of the be deposited to the credit of OCC in an Purpose of, and Statutory Basis for, the Self-Regulatory Organizations; The Proposed Rule Change 4 See Federal Reserve Bank of Chicago Options Clearing Corporation; Notice authorization to provide accounts and services to (1) Purpose Options Clearing Corporation and Chicago of Filing of Proposed Rule Change Mercantile Exchange, Inc., in accordance with the Concerning the Commingling of Background Dodd-Frank Act and Regulation HH, approved Certain Non-Customer Margin Assets As part of OCC’s designation as a March 15, 2016 (https://www.federalreserve.gov/ releases/h2/20160319/h2.pdf). OCC has also been with Clearing Fund Contributions in systemically important financial market approved to maintain two additional accounts to The Options Clearing Corporation’s utility by the Financial Stability serve as customer segregated accounts as defined Account at the Federal Reserve Bank Oversight Council on July 18, 2012, under Section 4d of the Commodity Exchange Act. of Chicago OCC is eligible pursuant Section 806 of Since these accounts are segregated margin Title VIII of the Dodd-Frank Wall Street accounts, the change discussed herein does not August 18, 2020. impact the activation of these accounts. Reform and Consumer Protection Act of 5 Pursuant to Section 19(b)(1) of the See OCC Rule 604(d) (allowing OCC to deposit 2010 to request the use of certain margin assets of Clearing Members ‘‘with such Securities Exchange Act of 1934 banks, trust companies or other depositories as the 1 accounts and services of Federal (‘‘Exchange Act’’), and Rule 19b–4 Reserve Banks. OCC has been approved Board of Directors may select’’) and Rule 1002(c) thereunder,2 notice is hereby given that (allowing OCC to deposit Clearing Fund by the Board of Governors of the Federal contributions ‘‘in approved custodians’’). Article I, on August 7, 2020, the Options Clearing Reserve System to maintain an account Section 1.A.(3) defines term ‘‘approved custodian’’ Corporation (‘‘OCC’’) filed with the at the Federal Reserve Bank of Chicago to mean ‘‘a bank or trust company approved the Securities and Exchange Commission (‘‘Federal Reserve Bank Account’’) to Chief Executive Officer, or Chief Operating Officer.’’ 6 Board of Governors of the Federal Reserve (‘‘Commission’’) the proposed rule hold, among other things, cash deposits change as described in Items I, II, and System, Federal Reserve Act (March 10, 2017), from its Clearing Members to satisfy https://www.federalreserve.gov/aboutthefed/ III below, which Items have been fract.htm. 7 3 OCC’s By-Laws and Rules can be found on 17 CFR 240.17Ad–22(a)(5). 11 17 CFR 200.30–3(a)(12). OCC’s public website: https://www.theocc.com/ 8 17 CFR 240.17Ad–22(e)(9). 1 15 U.S.C. 78s(b)(1). Company-Information/Documents-and-Archives/ 9 17 CFR 240.17Ad–22(a)(14)(i), (e)(7)(ii). 2 17 CFR 240.19b–4. By-Laws-and-Rules. 10 17 CFR 240.17Ad–22(e)(7)(iii).

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account or accounts,11 designated as Assets that are non-customer margin maintain Specified Cash Margin Assets Clearing Member margin accounts, with assets in accordance with the of Clearing Members that are non- such banks, trust companies or other requirements of proposed Interpretation customer margin assets with cash depositories as the Board of Directors and Policy .18 to Rule 604. Clearing Fund contributions in its may select. Rule 604(d) further states As described above, the purpose of Federal Reserve Bank Account. The that such Specified Cash Margin Assets the proposed interpretations and proposed rule change would provide shall not be commingled with funds of policies is to provide OCC with clear OCC with an additional approved OCC or used by OCC as working capital. authority to be able to maintain custodian at which OCC can hold such Under OCC’s By-Laws and Rules, OCC Specified Cash Margin Assets that are assets in a manner that minimizes the has a lien on margin assets of a Clearing non-customer margin assets and cash custody risk of those assets and ensures Member to be able to satisfy obligations Clearing Fund contributions in its prompt access to such assets when of the Clearing Member to OCC; Federal Reserve Bank Account at the needed, thereby promoting the prompt however, OCC does not have authority same time. OCC currently maintains a and accurate clearance and settlement of single Federal Reserve Bank Account for to use the margin assets of one Clearing securities transactions and the assets that are not required to be Member to satisfy obligations to OCC of safeguarding the securities and funds in 12 segregated under Section 4d of the a different Clearing Member. OCC’s custody or control or for which OCC proposes to add Interpretation Commodity Exchange Act, so the and Policy .18 to Rule 604 to provide Specified Cash Margin Assets that are it is responsible. that, notwithstanding anything else in non-customer margin assets and cash Exchange Act Rule 17Ad–22(e)(16) Rule 604, Specified Cash Margin Assets Clearing Fund contributions would be requires OCC, as a covered clearing held by OCC as non-customer margin commingled in this account. OCC agency, to establish, implement, assets and deposited to the credit of believes that the ability to hold such maintain, and enforce written policies OCC in its Federal Reserve Bank margin and cash Clearing Fund and procedures reasonably designed to Account may be deposited in accounts contributions in its Federal Reserve safeguard its own and its Clearing that are not designated as Clearing Bank Account at the same time would Members’ assets, minimize the risk of Member margin accounts and may be be consistent with Commission rules for loss and delay in access to these assets, commingled with cash Clearing Fund covered clearing agencies 13 that and invest such assets in instruments contributions. encourage the use of central bank with minimal credit, market, and 16 Cash Clearing Fund Contributions services. OCC notes that it would not be liquidity risks. In adopting Rule required to hold all non-customer 17Ad–22(e)(16), the Commission stated OCC Rule 1002(c) states in relevant margin cash in its Federal Reserve Bank that in satisfying the requirements a part that cash Clearing Fund Account and that it may continue to covered clearing agency should contributions may from time to time be maintain some or all non-customer consider, among other things: (i) partially or wholly invested by OCC for margin cash at creditworthy commercial Whether it holds its own and its its account in Government securities, banks that are approved custodians for participants’ assets at supervised and and to the extent that such contributions OCC.14 regulated entities that have robust are not so invested they ‘‘shall be All other OCC By-Laws and Rules deposited by OCC in a separate account accounting practices, safekeeping pertaining to margin assets and Clearing procedures, and internal controls that or accounts for Clearing Fund Fund contributions would be contributions in approved custodians, fully protect these assets; (ii) whether it unchanged and apply as they do has prompt access to its assets and the provided that such account or accounts currently, regardless of whether margin may commingle the Clearing Fund assets provided by participants, when assets or Clearing Fund contributions required; and (iii) whether it evaluates contributions of different Clearing are held in commercial bank accounts or Members.’’ As noted, OCC currently and understands its exposures to its in OCC’s Federal Reserve Bank Account. custodian banks, taking into account the holds only cash Clearing Fund For example, Specified Margin Assets of full scope of its relationships with contributions in its Federal Reserve a Clearing Member that are held in each.17 Bank Account. OCC’s Federal Reserve Bank Account OCC proposes to add Interpretation would continue to only have a lien on OCC believes that the proposed rule and Policy .04 to Rule 1002 to provide Specified Margin Assets to satisfy change is consistent with these that, notwithstanding the obligations of that particular Clearing considerations. As part of the U.S. aforementioned requirements of Rule Member to OCC. central banking system, the Federal 1002(c), Clearing Fund contributions Reserve Bank of Chicago, where OCC deposited in an account at a Federal (2) Statutory Basis maintains its account, is among the Reserve Bank may be commingled in the Section 17A(b)(3)(F) of the Exchange safest and most sound depository account with Specified Cash Margin Act requires, among other things, that institutions in the world. Therefore, the the rules of a clearing agency must be ability to maintain Specified Cash 11 OCC Rule 604(d) expressly excludes from these designed to promote the prompt and Specified Cash Margin Assets those funds that are: Margin Assets that are non-customer (i) Deposited in respect of a segregated futures accurate clearance and settlement of assets and cash Clearing Fund account (which must be held in accordance with securities transactions, safeguard contributions in the account at the same the provisions of Section 4d of the Commodity securities and funds in its custody or time would provide OCC with an Exchange Act and regulations thereunder); (ii) control or for which it is responsible, invested by OCC pursuant to Rule 604(a); or (iii) additional approved custodian for such credited by OCC to a liquidating settlement account and comply with the provisions of the assets that would appropriately pursuant to Chapter XI of OCC’s Rules. Exchange Act and the rules and safeguard those assets and minimize the 12 See OCC By-Laws Article I., Sections 1.G.(1) regulations thereunder.15 The proposed risk of OCC’s loss or delay in access to (defining the term ‘‘general lien’’) and R.(7) rule change would allow OCC to (defining the term ‘‘restricted lien’’); see also OCC By-Laws Article VI, Section 3 (specifying the 16 17 CFR 240.17Ad–22(e)(16). application of general and restricted liens to 13 See supra notes 8–10 and accompanying text. 17 See Exchange Act Release No. 78961 Clearing Member margin assets credited to different 14 See supra note 5. (September 28, 2016), 81 FR 70786, 70837 (October OCC account types). 15 15 U.S.C. 78q–1(b)(3)(F). 13, 2016) (File No. S7–03–14).

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them consistent with Exchange Act Rule (C) Clearing Agency’s Statement on those that may be withheld from the 17Ad–22(e)(16).18 Comments on the Proposed Rule public in accordance with the Moreover, and as noted above, Change Received from Members, provisions of 5 U.S.C. 552, will be provisions in Exchange Act Rules Participants or Others available for website viewing and 17Ad–22(e)(7) and (9) also promote the Written comments on the proposed printing in the Commission’s Public Reference Room, 100 F Street NE, use of central bank services by a covered rule change were not and are not Washington, DC 20549, on official clearing agency to conduct money intended to be solicited with respect to business days between the hours of settlements,19 satisfy requirements the proposed rule change and none have been received. 10:00 a.m. and 3:00 p.m. Copies of such regarding custody of qualifying liquid filing also will be available for 20 resources and enhance management III. Date of Effectiveness of the inspection and copying at the principal 21 of liquidity risk. Accordingly, Proposed Rule Change and Timing for office of OCC and on OCC’s website at providing OCC with clear authority to Commission Action https://www.theocc.com/about/ use its Federal Reserve Bank Account to Within 45 days of the date of publications/bylaws.jsp. custody Specified Cash Margin Assets publication of this notice in the Federal All comments received will be posted that are non-customer margin assets and Register or within such longer period without change. Persons submitting cash Clearing Fund contributions at the up to 90 days (i) as the Commission may comments are cautioned that we do not same time is generally consistent with designate if it finds such longer period redact or edit personal identifying these provisions. to be appropriate and publishes its information from comment submissions. The proposed rule change is not reasons for so finding or (ii) as to which You should submit only information inconsistent with the existing rules of the self- regulatory organization that you wish to make available OCC, including any other rules consents, the Commission will: publicly. All submissions should refer to File (A) by order approve or disapprove proposed to be amended. Number SR–OCC–2020–010 and should the proposed rule change, or be submitted on or before September 14, (B) Clearing Agency’s Statement on (B) institute proceedings to determine 2020. Burden on Competition whether the proposed rule change should be disapproved. For the Commission, by the Division of Section 17A(b)(3)(I) of the Exchange Trading and Markets, pursuant to delegated Act 22 requires that the rules of a IV. Solicitation of Comments authority.23 clearing agency not impose any burden Interested persons are invited to J. Matthew DeLesDernier, on competition not necessary or submit written data, views and Assistant Secretary. appropriate in furtherance of the arguments concerning the foregoing, [FR Doc. 2020–18461 Filed 8–21–20; 8:45 am] purposes of the Exchange Act. OCC does including whether the proposed rule BILLING CODE 8011–01–P not believe that the proposed rule change is consistent with the Exchange change would impact or impose any Act. Comments may be submitted by burden on competition. The proposed any of the following methods: SECURITIES AND EXCHANGE rule change is designed to facilitate COMMISSION OCC’s ability to appropriately safeguard Electronic Comments • [SEC File No. 270–203, OMB Control No. Specified Cash Margin Assets that are Use the Commission’s internet 3235–0195] non-customer margin assets and cash comment form (http://www.sec.gov/ Clearing Fund contributions using rules/sro.shtml); or Submission for OMB Review; OCC’s Federal Reserve Bank Account. • Send an email to rule-comments@ Comment Request The proposed rule change would apply sec.gov. Please include File Number SR– OCC–2020–010 on the subject line. Upon Written Request, Copies Available equally to all Clearing Members in that From: Securities and Exchange all Specified Cash Margin Assets that Paper Comments Commission, Office of FOIA Services, are non-customer margin assets and • Send paper comments in triplicate 100 F Street NE, Washington, DC cash Clearing Fund contributions of to Secretary, Securities and Exchange 20549–2736. Clearing Members would be eligible to Commission, 100 F Street NE, Extension: be maintained in OCC’s Federal Reserve Washington, DC 20549–1090. Rule 17Ab2–1, Form CA–1. Bank Account. Therefore, the proposal All submissions should refer to File does not favor or disfavor any Clearing Notice is hereby given that, pursuant Number SR–OCC–2020–010. This file Member or group of Clearing Members to the Paperwork Reduction Act of 1995 number should be included on the compared to others. (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the subject line if email is used. To help the Securities and Exchange Commission For the foregoing reasons, OCC Commission process and review your (‘‘Commission’’) has submitted to the believes that the proposed rule change comments more efficiently, please use Office of Management and Budget is in the public interest, would be only one method. The Commission will (‘‘OMB’’) a request for approval of consistent with the requirements of the post all comments on the Commission’s extension of the previously approved Exchange Act applicable to clearing internet website (http://www.sec.gov/ collection of information provided for in agencies, and would not impact or rules/sro.shtml). Copies of the Rule 17Ab2–1 (17 CFR 240.17Ab2–1) impose a burden on competition. submission, all subsequent and Form CA–1: Registration of Clearing amendments, all written statements Agencies (17 CFR 249b.200) under the with respect to the proposed rule Securities Exchange Act of 1934 18 17 CFR 240.17Ad–22(e)(16). change that are filed with the (‘‘Exchange Act’’) (15 U.S.C. 78a et seq.). 19 17 CFR 240.17Ad–22(e)(9). Commission, and all written Rule 17Ab2–1 and Form CA–1 require 20 17 CFR 240.17Ad–22(a)(14)(i), (e)(7)(ii). communications relating to the clearing agencies to register with the 21 17 CFR 240.17Ad–22(e)(7)(iii). proposed rule change between the 22 15 U.S.C. 78q–1(b)(3)(I). Commission and any person, other than 23 17 CFR 200.30–3(a)(12).

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Commission and to meet certain preparation of the Form CA–1, resulting I. Self-Regulatory Organization’s requirements with regard to, among in an aggregate external cost of Statement of the Terms of Substance of other things, the clearing agency’s approximately $21,090 per year (18,900 the Proposed Rule Change organization, capacities, and rules. The + 2,190). The Exchange proposes to amend the information is collected from the An agency may not conduct or NYSE Arca Equities Fees and Charges clearing agency upon the initial sponsor, and a person is not required to (‘‘Fee Schedule’’) to (1) adopt a step up application for registration on Form respond to, a collection of information tier for ETP Holders adding liquidity in CA–1. Thereafter, information is under the PRA unless it displays a Non-Displayed Limit Orders in Tapes A, collected by amendment to the initial currently valid OMB control number. B and C securities with a per share price Form CA–1 when changes in at or above $1.00; (2) adopt a step up The public may view background circumstances that render certain tier for ETP Holders adding liquidity in information on Form CA–1 inaccurate, documentation for this information Round Lots and Odd Lots in Tapes A, misleading, or incomplete necessitate collection at the following website: B and C securities with a per share price modification of the information www.reginfo.gov. Find this particular below $1.00; and (3) amend the base previously provided to the Commission. information collection by selecting rate for adding and removing liquidity The Commission uses the information ‘‘Currently under 30-day Review—Open in Round Lots and Odd Lots in Tapes disclosed on Form CA–1 to (i) for Public Comments’’ or by using the A, B and C securities with a per share determine whether an applicant meets search function. Written comments and price below $1.00. The proposed rule the standards for registration set forth in recommendations for the proposed change is available on the Exchange’s Section 17A of the Exchange Act, (ii) information collection should be sent website at www.nyse.com, at the enforce compliance with the Exchange within 30 days of publication of this principal office of the Exchange, and at Act’s registration requirement, and (iii) notice to (i) www.reginfo.gov/public/do/ the Commission’s Public Reference provide information about specific PRAMain and (ii) David Bottom, Room. registered clearing agencies for Director/Chief Information Officer, compliance and investigatory purposes. Securities and Exchange Commission, c/ II. Self-Regulatory Organization’s Without Rule 17Ab2–1, the Commission o Cynthia Roscoe, 100 F Street NE, Statement of the Purpose of, and could not perform these duties as Washington, DC 20549, or by sending an Statutory Basis for, the Proposed Rule statutorily required. email to: [email protected]. Change The Commission staff estimates that Dated: August 19, 2020. In its filing with the Commission, the the average Form CA–1 requires self-regulatory organization included approximately 340 hours to complete J. Matthew DeLesDernier, statements concerning the purpose of, and submit for approval, and that on Assistant Secretary. and basis for, the proposed rule change average, the Commission receives one [FR Doc. 2020–18498 Filed 8–21–20; 8:45 am] and discussed any comments it received application each year. The Commission BILLING CODE 8011–01–P on the proposed rule change. The text staff estimates that completion of an of those statements may be examined at initial Form CA–1 will result in an the places specified in Item IV below. internal cost of compliance of SECURITIES AND EXCHANGE The Exchange has prepared summaries, approximately $132,140 per year. The COMMISSION set forth in sections A, B, and C below, Commission staff estimates that it of the most significant parts of such receives one amendment per year, and statements. that an amendment requires [Release No. 34–89607; File No. SR– approximately 60 hours of the exempt NYSEArca–2020–75] A. Self-Regulatory Organization’s or registered clearing agency’s staff time. Statement of the Purpose of, and the Self-Regulatory Organizations; NYSE The Commission staff estimates that Statutory Basis for, the Proposed Rule amendment of a filed Form CA–1 will Arca, Inc.; Notice of Filing and Change result in an internal cost of compliance Immediate Effectiveness of Proposed 1. Purpose of approximately $25,480 per year. Rule Change Amending the NYSE Arca Therefore, the aggregate hour burden is Equities Fees and Charges The Exchange proposes to amend the Fee Schedule to (1) adopt a step up tier approximately 400 hours per year (340 August 18, 2020. + 60) and the aggregate internal cost of for ETP Holders 4 adding liquidity in compliance is approximately $157,620 Pursuant to Section 19(b)(1) 1 of the Non-Displayed Limit Orders 5 in Tapes per year ($132,140 + $25,480). Securities Exchange Act of 1934 A, B and C securities with a per share The external costs associated with (‘‘Act’’) 2 and Rule 19b–4 thereunder,3 price at or above $1.00; (2) adopt a step work on Form CA–1 include fees notice is hereby given that, on August up tier for ETP Holders adding liquidity charged by outside lawyers and 12, 2020, NYSE Arca, Inc. (‘‘NYSE in Round Lots and Odd Lots in Tapes accountants to assist the applicant or Arca’’ or ‘‘Exchange’’) filed with the A, B and C securities with a per share registrant to collect and prepare the Securities and Exchange Commission price below $1.00; and (3) amend the information sought by the form (though (‘‘Commission’’) the proposed rule base rate for adding and removing such consultations are not required by change as described in Items I, II, and liquidity in Round Lots and Odd Lots in the Commission). The Commission staff III below, which Items have been Tapes A, B and C securities with a per estimates that these external costs are prepared by the self-regulatory share price below $1.00. more likely when novel questions arise organization. The Commission is The proposed changes respond to the under a new application, rather than publishing this notice to solicit current competitive environment where under periodic review and amendment. comments on the proposed rule change The staff estimates an annual external from interested persons. 4 All references to ETP Holders in connection cost of 45 hours of an Attorney’s time with this proposed fee change include Market Makers. (estimated at $420 per hour) and 10 1 15 U.S.C. 78s(b)(1). 5 A Non-Displayed Limit Order is a limit order hours of a Senior Accountant’s time 2 15 U.S.C. 78a. that is not displayed and does not route. See NYSE (estimated at $219 per hour) for 3 17 CFR 240.19b–4. Arca Rule 7.31–E(d)(2).

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order flow providers have a choice of exchanges from month to month is at least 0.02% more than the ETP where to direct liquidity-providing demonstrates that market participants Holder’s July 2020 Limit Non-Displayed orders by offering further incentives for can move order flow, or discontinue or Order ADV and MPL Order ADV ETP Holders to send additional liquidity reduce use of certain categories of combined as a percent of US CADV to the Exchange. products. While it is not possible to (‘‘Non-Displayed and MPL Baseline’’) The Exchange proposes to implement know a firm’s reason for shifting order would receive a credit for Non- the fee changes effective August 12, flow, the Exchange believes that one Displayed Limit Orders, as follows: 2020.6 such reason is because of fee changes at • $0.0004 per share for ETP Holders with at least 0.02% more but less than Background any of the registered exchanges or non- exchange venues to which a firm routes 0.05% than the ETP Holder’s Non- The Exchange operates in a highly order flow. With respect to non- Displayed and MPL Baseline; • competitive market. The Commission marketable order flow that would $0.0010 per share for ETP Holders has repeatedly expressed its preference provide liquidity on an Exchange with at least 0.05% more but less than for competition over regulatory against which market makers can quote, 0.10% than the ETP Holder’s Non- intervention in determining prices, Displayed and MPL Baseline; ETP Holders can choose from any one • products, and services in the securities of the 13 currently operating registered $0.0015 per share for ETP Holders markets. In Regulation NMS, the exchanges to route such order flow. with at least 0.10% more but less than Commission highlighted the importance Accordingly, competitive forces 0.15% than the ETP Holder’s Non- of market forces in determining prices constrain exchange transaction fees that Displayed and MPL Baseline; and • $0.0020 per share for ETP Holders and SRO revenues and, also, recognized relate to orders that would provide with at least 0.15% more than the ETP that current regulation of the market liquidity on an exchange. system ‘‘has been remarkably successful In response to the competitive Holder’s Non-Displayed and MPL Baseline. in promoting market competition in its environment described above, the For example, assume an ETP Holder broader forms that are most important to Exchange has established incentives for 7 has an adding ADV in MPL Orders of investors and listed companies.’’ ETP Holders who submit orders that As the Commission itself recognized, 0.04% of US CADV and an adding ADV provide liquidity on the Exchange. The the market for trading services in NMS in Limit Non-Displayed Orders of 0.02% proposed fee change is designed to stocks has become ‘‘more fragmented of US CADV, for a combined total of attract additional order flow to the and competitive.’’ 8 Indeed, equity 0.06% of US CADV in the baseline trading is currently dispersed across 13 Exchange by offering a new pricing tier month of July 2020. Assume further that exchanges,9 numerous alternative to incentivize ETP Holders to step up the same ETP Holder has adding ADV trading systems,10 and broker-dealer their liquidity-providing Non-Displayed in MPL Orders of 0.06% of US CADV internalizers and wholesalers, all Limit Orders in Tapes A, B and C and an adding ADV in Limit Non- competing for order flow. Based on securities, a new step up pricing tier for Displayed Orders of 0.03% of US CADV publicly-available information, no Round Lots and Odd Lots in Tapes A, for a combined total of 0.09% of US single exchange currently has more than B and C securities with a share price of CADV in a billing month. The ETP 20% market share (whether including or less than $1.00 (‘‘Sub-Dollar Holder in the above example would excluding auction volume).11 Therefore, Securities’’), and by amending the base then have a combined step up in MPL no exchange possesses significant rate for adding and removing liquidity Orders and Limit Non-Displayed Orders pricing power in the execution of equity in Sub-Dollar Securities. of 0.03% of US CADV (0.09%¥0.06%), order flow. More specifically, the Proposed Rule Change which would qualify the ETP Holder for Exchange currently has less than 10% a credit of $0.0004 per share for Non- Step Up Tier for Adding Liquidity in market share of executed volume of Displayed Limit Orders for that billing Non-Displayed Limit Orders equities trading.12 month. The Exchange believes that the ever- The Exchange proposes to adopt a The purpose of this proposed change shifting market share among the step up tier that would offer credits to is to incentivize ETP Holders to increase ETP Holders providing non-displayed the liquidity-providing orders in Non- 6 The Exchange originally filed to amend the Fee liquidity to the Exchange in Tapes A, B Displayed Limit Orders and MPL Orders Schedule on August 3, 2020 (SR–NYSEArca–2020– and C securities. they send to the Exchange, which would 73). SR–NYSEArca–2020–73 was subsequently withdrawn and replaced by this filing. As proposed, an ETP Holder that, support the quality of price discovery 7 See Securities Exchange Act Release No. 51808 during the billing month, sends orders on the Exchange and provide additional (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) that add liquidity to the Exchange in liquidity for incoming orders. As noted (File No. S7–10–04) (Final Rule) (‘‘Regulation Non-Displayed Limit Orders and Mid- above, the Exchange operates in a NMS’’). 8 See Securities Exchange Act Release No. 51808, Point Liquidity Orders (‘‘MPL competitive environment, particularly 13 84 FR 5202, 5253 (February 20, 2019) (File No. S7– Orders’’) combined, and that has as it relates to attracting non-marketable 05–18) (Transaction Fee Pilot for NMS Stocks Final adding average daily volume (‘‘ADV’’) orders, which add liquidity to the Rule) (‘‘Transaction Fee Pilot’’). in Non-Displayed Limit Orders and Exchange. Because the proposed tier 9 See Cboe Global Markets, U.S Equities Market MPL Orders combined as a percent of Volume Summary, available at https:// requires an ETP Holder to increase the 14 markets.cboe.com/us/equities/market_share. See US Consolidated ADV (‘‘CADV’’) that volume of its trades in orders that add generally https://www.sec.gov/fast-answers/ liquidity over that ETP Holder’s July divisionsmarketregmrexchangesshtml.html. 13 An MPL Order is a limit order that is not 2020 baseline, the Exchange believes 10 See FINRA ATS Transparency Data, available displayed and does not route, with a working price that the proposed credits would provide at https://otctransparency.finra.org/ at the midpoint of the PBBO. See NYSE Arca Rule otctransparency/AtsIssueData. A list of alternative 7.31–E(d)(3). The term ‘‘PBBO’’ refers to the Best an incentive for all ETP Holders to send trading systems registered with the Commission is Protected Bid and the Best Protected Offer on NYSE available at https://www.sec.gov/foia/docs/ Arca. excludes volume on days when the market closes atslist.htm. 14 US CADV means the United States early and on the date of the annual reconstitution 11 See Cboe Global Markets, U.S. Equities Market Consolidated Average Daily Volume for of the Russell Investments Indexes. Transactions Volume Summary, available at http:// transactions reported to the Consolidated Tape, that are not reported to the Consolidated Tape are markets.cboe.com/us/equities/market_share/. excluding odd lots through January 31, 2014 (except not included in US CADV. See Fee Schedule, 12 See id. for purposes of Lead Market Maker pricing), and footnote 3.

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additional liquidity to the Exchange in • 0.0015% of the total dollar value for Securities is intended to increase order order to qualify for it. an increase of at least 1.0% more of Sub- flow that would interact with liquidity The Exchange does not know how Dollar CADV over the Sub-Dollar present on the Exchange. much order flow ETP Holders choose to Baseline. As noted above, the Exchange route to other exchanges or to off- For example, assume an ETP Holder operates in a competitive environment, exchange venues. Since the tier’s has an adding ADV in Sub-Dollar particularly as it relates to attracting requirements utilize an increase in Adding Orders of 1 million shares in the non-marketable orders, which add volume from the most recent month, the baseline month of July 2020 when the liquidity to the Exchange. Because, as Exchange does not know how many ETP Sub-Dollar CADV was 1 billion shares, proposed, the step up tier requires an Holders could qualify for the proposed for an adding ADV in Sub-Dollar ETP Holder to increase the volume of its tiered credits based on their current Adding Orders of 0.10% of Sub-Dollar trades in orders that add liquidity over trading profile on the Exchange, but the CADV. Assume further that the same that ETP Holder’s July 2020 baseline, Exchange notes that, since the lowest ETP Holder has adding ADV in Sub- the Exchange believes that the proposed step up is only an Adding ADV of Dollar Adding Orders of 4 million credits would provide an incentive for 0.02% of US CADV in Non-Displayed shares in the billing month when the all ETP Holders to send additional Limit Orders and MPL Orders Sub-Dollar CADV was again 1 billion liquidity to the Exchange in order to combined, the Exchange believes that a shares, for an adding ADV in Sub-Dollar qualify for it. The Exchange believes the number of ETP Holders could qualify if Adding Orders of 0.40% of Sub-Dollar proposed credit for orders that add they so choose. However, without CADV. The ETP Holder in the above liquidity combined with the lower base having a view of ETP Holders’ activity example would then have a step up in rate for orders that would remove on other exchanges and off-exchange Sub-Dollar Adding Orders of 0.30% of liquidity would also incentivize ETP ¥ venues, the Exchange has no way of Sub-Dollar CADV (0.40% 0.10%), Holders to direct liquidity adding and knowing whether this proposed rule which would qualify the ETP Holder to removing orders in low priced securities change would result in any ETP Holder receive a credit of 0.0005% of the total to the Exchange. directing orders to the Exchange in dollar value for orders that provide U.S. equity market volumes have been order to qualify for the new tier. liquidity to the Book in Sub-Dollar remarkably high since the end of Adding Orders for that billing month. Step Up Tier for Adding Liquidity in February 2020. Extreme volumes in Sub-Dollar Securities Base Rate for Adding and Removing recent weeks are reportedly driven by Liquidity in Sub-Dollar Securities retail traders, leading to record off- As described in greater detail below, exchange (or TRF) market share; 5 of the the Exchange proposes to adopt a step As noted above, the Exchange 8 highest TRF market share days ever up tier that would offer credits to ETP currently does not provide any credit for occurred in the 5 consecutive trading orders that provide liquidity to the Book Holders adding liquidity in Sub-Dollar sessions between June 3 and June 9.15 and charges a fee equal to 0.3% of the Securities. Currently, the Exchange The Exchange does not know how much total dollar value for orders that take charges a fee equal to 0.3% of the total order flow ETP Holders choose to route liquidity from the Book. With this dollar value for orders that take to other exchanges or to off-exchange proposed rule change, the Exchange liquidity from the Book. The Exchange venues. The Exchange believes the proposes to adopt a base credit of does not currently offer any credits to proposed credit for adding liquidity in $0.00004 per share for adding liquidity ETP Holders for adding liquidity to the Sub-Dollar Securities and the proposed in Sub-Dollar Securities and lower the Exchange in Sub-Dollar Securities. lower fee for removing liquidity in Sub- As proposed, an ETP Holder that, base rate for removing liquidity in Sub- Dollar Securities should serve as an during the billing month, on a daily Dollar Securities to 0.295% of the total incentive for ETP Holders to direct more basis, measured monthly, has an Adding dollar value for orders that take of their orders in these securities to the ADV of 1 million shares with a per liquidity from the Book. In connection with this proposed fee Exchange. share price below $1.00 (‘‘Sub-Dollar Additionally, since the proposed step Adding Orders’’), and that directly change, the Exchange also proposes the following two changes to the Fee up tier’s requirements utilize an executes providing volume in Sub- increase in volume from the most recent Dollar Adding Orders equal to at least Schedule: (1) Insert the word ‘‘fee’’ after ‘‘0.295%’’ to clarify the application of a month, the Exchange does not know 0.20% of the CADV with a per share how many ETP Holders could qualify price below $1.00 (‘‘Sub-Dollar CADV’’) fee for Sub-Dollar Securities; and (2) amend footnote 4 of the Fee Schedule for the proposed tiered credits based on over the ETP Holder’s July 2020 Sub- their current trading profile on the Dollar Adding ADV taken as a by deleting the entire second sentence which currently states that ‘‘Rebates Exchange, but the Exchange notes that, percentage of Sub Dollar CADV (‘‘Sub- since the lowest step up is an Adding Dollar Baseline’’), would receive a credit will not be paid for executions in securities priced under $1.00.’’ ADV of 0.20% of Sub-Dollar CADV, the for orders that provide liquidity to the Exchange believes that ETP Holders Book in Sub-Dollar Adding Orders, as Trading in Sub-Dollar Securities has intensified in recent months, often could qualify if they so choose. follows: However, without having a view of ETP • 0.0005% of the total dollar value for affected in some way by the current Holders’ activity on other markets and an increase of at least 0.20% more but macroeconomic turmoil. The purpose of off-exchange venues, the Exchange has less than 0.50% of Sub-Dollar CADV this proposed change is to incentivize no way of knowing whether this over the Sub-Dollar Baseline; ETP Holders to increase the liquidity- • 0.0010% of the total dollar value for providing orders in Sub-Dollar proposed rule change would result in an increase of at least 0.50% more but Securities they send to the Exchange, any ETP Holder directing orders to the less than 0.75% of Sub-Dollar CADV which would support the quality of Exchange in order to qualify for the new over the Sub-Dollar Baseline; price discovery on the Exchange and tier. The Exchange cannot predict with • 0.00125% of the total dollar value provide additional liquidity for 15 See Data Insights, Market volume & off- for an increase of at least 0.75% more incoming orders. The proposed credit exchange trading: more than a retail story, at but less than 1.0% of Sub-Dollar CADV for adding liquidity and lower fee for https://www.nyse.com/data-insights/market- over the Sub-Dollar Baseline; and removing liquidity in Sub-Dollar volume-and-off-exchange-trading.

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certainty how many ETP Holders would direct effect on the ability of an Step Up Tier for Adding Liquidity in avail themselves of this opportunity, but exchange to compete for order flow. Sub-Dollar Securities additional liquidity-providing orders Given this competitive environment, The Exchange believes the proposal to would benefit all market participants the proposal represents a reasonable adopt the Step Up Tier for Adding because it would provide greater attempt to attract additional order flow Liquidity in Sub-Dollar Securities is execution opportunities on the to the Exchange. reasonable as it would serve as an Exchange. Step Up Tier for Adding Liquidity in incentive to market participants to The proposed changes are not Non-Displayed Limit Orders increase the orders in Sub-Dollar otherwise intended to address any other Securities sent directly to NYSE Arca issues, and the Exchange is not aware of Given the competitive environment, and therefore provide liquidity that any significant problems that market the proposed Step Up Tier for Adding supports the quality of price discovery participants would have in complying Liquidity in Non-Displayed Limit and promotes market transparency. The with the proposed changes. Orders and MPL Orders combined Exchange believes the proposed pricing would provide an incentive for ETP 2. Statutory Basis tier is reasonable because it would allow Holders to route additional liquidity ETP Holders to receive credits that were The Exchange believes that the providing orders to the Exchange in not previously available on the proposed rule change is consistent with Tapes A, B and C securities. Exchange. Moreover, the addition of the Section 6(b) of the Act,16 in general, and As noted above, the Exchange proposed pricing tier would benefit furthers the objectives of Sections operates in a highly competitive market participants whose increased 6(b)(4) and (5) of the Act,17 in particular, environment, particularly for attracting order flow would provide meaningful because it provides for the equitable non-marketable order flow that provides added levels of liquidity thereby allocation of reasonable dues, fees, and liquidity on an exchange. The Exchange contributing to the depth and market other charges among its members, believes it is reasonable to provide a quality on the Exchange. issuers and other persons using its higher credit for orders that provide The Exchange notes that volume- facilities and does not unfairly additional liquidity. The Exchange based incentives and discounts have discriminate between customers, believes that requiring ETP Holders to been widely adopted by exchanges,19 issuers, brokers or dealers. have an Adding ADV in Non-Displayed including the Exchange,20 and are Limit Orders and MPL Orders combined reasonable, equitable and non- The Proposed Fee Change Is Reasonable that is at least 0.02% of US CADV over discriminatory because they are open to As discussed above, the Exchange that ETP Holder’s July 2020 adding all ETP Holders on an equal basis and operates in a highly fragmented and liquidity in Non-Displayed Limit Orders provide additional credits that are competitive market. The Commission and MPL Orders combined taken as a reasonably related to the value to an has repeatedly expressed its preference percentage of US CADV in order to exchange’s market quality and for competition over regulatory qualify for the proposed Step Up Tier is associated higher levels of market intervention in determining prices, reasonable because it would encourage activity. additional non-displayed liquidity on products, and services in the securities Base Rate for Adding and Removing the Exchange and because market markets. Specifically, in Regulation Liquidity in Sub-Dollar Securities NMS, the Commission highlighted the participants benefit from the greater importance of market forces in amounts of liquidity and price The Exchange believes that the determining prices and SRO revenues improvement present on the Exchange. proposed rate change for ETP Holders and, also, recognized that current Similarly, the Exchange believes that will incentivize submission of regulation of the market system ‘‘has it is reasonable to provide an higher additional liquidity in Sub-Dollar been remarkably successful in credit to ETP Holders that meet the Securities to a public exchange to promoting market competition in its requirements of the Step Up Tier that qualify for the proposed credit of broader forms that are most important to add additional liquidity in Non- $0.00004 per share for adding liquidity investors and listed companies.’’ 18 Displayed Limit Orders and MPL and lower fee of 0.295% of the total The Exchange believes that the ever- Orders. Since the proposed Step Up Tier dollar value for removing liquidity, shifting market share among the would be new with a requirement for thereby promoting price discovery and exchanges from month to month increased Adding ADV over the baseline transparency and enhancing order demonstrates that market participants month, no ETP Holder currently execution opportunities for ETP can shift order flow, or discontinue to qualifies for the proposed pricing tier. Holders. The Exchange believes that the reduce use of certain categories of While there are a number of ETP proposed credit for orders that add products, in response to fee changes. Holders that could qualify for the liquidity to the Exchange is reasonable With respect to non-marketable orders proposed higher credit, the Exchange because it would incentivize ETP that provide liquidity on an Exchange, has no way of knowing whether the Holders to direct more order flow in ETP Holders can choose from any one proposed rule change would result in any ETP Holder qualifying for the tier 19 See e.g., Cboe BZX U.S. Equities Exchange of the 13 currently operating registered (‘‘BZX’’) Fee Schedule, Footnote 1, Add Volume exchanges to route such order flow. without a view of ETP Holder activity Tiers which provide enhanced rebates between Accordingly, competitive forces on other exchanges and off exchange $0.0028 and $0.0032 per share for displayed orders reasonably constrain exchange venues. The Exchange believes the where BZX members meet certain volume transaction fees that relate to orders that proposed higher credit is reasonable as thresholds. 20 See e.g., Fee Schedule, Step Up Tier, Step Up would provide displayed liquidity on an it would provide an additional incentive Tier 2, Step Up Tier 3 and Step Up Tier 4, which exchange. Stated otherwise, changes to for ETP Holders to direct their order provide enhanced rebates between $0.0025 and exchange transaction fees can have a flow to the Exchange and provide $0.0033 per share in Tape A Securities, between meaningful added levels of liquidity in $0.0022 and $0.0034 per share in Tape B Securities, and between $0.0025 and $0.0033 per share in Tape 16 15 U.S.C. 78f(b). order to qualify for the higher credit, C Securities for orders that provide displayed 17 15 U.S.C. 78f(b)(4) and (5). thereby contributing to depth and liquidity where ETP Holders meet certain volume 18 See Regulation NMS, 70 FR at 37499. market quality on the Exchange. thresholds.

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Sub-Dollar Securities to the Exchange. by, for example, the New York Stock would allow ETP Holders to receive The Exchange notes that the proposed Exchange, which range from $0.0005 credits that were not previously credit would be greater than credits per share to $0.0018 per share. The available on the Exchange. Moreover, offered on other markets. For example, Exchange believes the proposed rule the addition of the proposed Step Up BZX and the Nasdaq Stock Market change would improve market quality Tier would benefit market participants (‘‘Nasdaq’’) do not provide any credit for for all market participants on the whose increased order flow in Sub- orders in Sub-Dollar Securities that add Exchange and, as a consequence, attract Dollar Securities would provide liquidity.21 While Cboe EDGX U.S. more liquidity to the Exchange, thereby meaningful added levels of liquidity Equities Exchange (‘‘EDGX’’) offers a improving market-wide quality and thereby contributing to the depth and credit of $0.00003 per share for orders price discovery. market quality on the Exchange. Given in Sub-Dollar Securities that add The Exchange believes that requiring that the proposed Step Up Tier would liquidity, the credit proposed by this ETP Holders to having an Adding ADV be a new pricing tier that requires ETP rule change would be greater but in Non-Displayed Limit Orders and Holders to step up, no ETP Holder comparable than that offered by MPL Orders combined in Tapes A, B currently qualifies for the proposed EDGX.22 and C CADV that is at least 0.02% of US credit. And without having a view of The Exchange further believes that the CADV over that ETP Holder’s July 2020 ETP Holders’ activity on other markets proposed revised fee for orders that adding liquidity in Non-Displayed Limit and off-exchange venues, the Exchange remove liquidity from the Exchange is Orders and MPL Orders taken as a has no way of knowing whether this reasonable because it would incentivize percentage of US CADV in order to proposed rule change would result in ETP Holders to remove additional qualify for the proposed credits would any ETP Holders qualifying for this tier. liquidity from the Exchange, thereby also encourage additional displayed However, the Exchange believes the increasing the number of orders adding liquidity on the Exchange. Since the proposed pricing tier, which requires an liquidity executed on the Exchange and proposed Step Up Tier would be new, ETP Holder to increase the volume of its improving overall liquidity on a public no ETP Holder currently qualifies for it, trades in orders that add liquidity over exchange, resulting in lower costs for but without a view of ETP Holder that ETP Holder’s July 2020 baseline, ETP Holders that qualify for the rates. activity on other exchanges and off- would provide an incentive for ETP The Exchange notes that the proposed exchange venues, the Exchange has no Holders to continue to submit liquidity- fee would be lower than comparable way of knowing whether this proposed providing order flow, which would fees offered on other markets. For rule change would result in any ETP promote price discovery and increase example, both BZX and Nasdaq Holder qualifying for the tier. execution opportunities for all ETP currently charge a fee of 0.30% of total The Exchange believes the proposed Holders. The proposed change would dollar value for removing liquidity in credit is reasonable as it would provide thereby encourage the submission of securities priced below $1.00.23 an additional incentive for ETP Holders additional liquidity in Sub-Dollar On the backdrop of the competitive to direct their order flow to the Securities to a national securities environment in which the Exchange Exchange and provide meaningful exchange, thus promoting price currently operates, the proposed rule added levels of liquidity in order to discovery and transparency and change is a reasonable attempt to qualify for the higher credit, thereby enhancing order execution increase liquidity on the Exchange and contributing to depth and market opportunities for ETP Holders from the improve the Exchange’s market share quality and increased price substantial amounts of liquidity present relative to its competitors. improvement on the Exchange. The on the Exchange, which would benefit proposal neither targets nor will it have all market participants on the Exchange. The Proposed Fee Change Is an a disparate impact on any particular The Exchange believes that offering Equitable Allocation of Fees and Credits category of market participant. All ETP higher step up credits for providing The Exchange believes its proposal Holders would be eligible to qualify for liquidity if the step up requirements for equitably allocates its fees among its the proposed credit if they increase their Sub-Dollar securities are met, will market participants by fostering Adding ADV in Non-Displayed Limit attract increased order flow and liquidity provision and stability in the Orders and MPL Orders combined over liquidity to the Exchange, thereby marketplace. their own baseline of order flow. providing additional price improvement The Exchange believes that offering a opportunities on the Exchange and Step Up Tier for Adding Liquidity in higher step up credit for providing benefiting investors generally. As to Non-Displayed Limit Orders liquidity if the step up requirements for those market participants that do not The Exchange believes that the Tape A, Tape B and Tape C securities qualify for the adding liquidity credits proposed Step Up Tier is equitable are met, will continue to attract order by increasing order flow and liquidity, because the magnitude of the additional flow and liquidity to the Exchange, the proposal will not adversely impact credit is not unreasonably high relative thereby providing additional price their existing pricing or their ability to to the tiered credits for Non-Displayed improvement opportunities on the qualify for other credits provided by the Limit orders that add liquidity offered Exchange and benefiting investors Exchange. generally. As to those market Base Rate for Adding and Removing 21 See BZX Fee Schedule, at https:// participants that do not presently Liquidity in Sub-Dollar Securities markets.cboe.com/us/equities/membership/fee_ qualify for the adding liquidity credits, schedule/bzx/. See also Nasdaq Price List, at http:// The Exchange believes that, for the www.nasdaqtrader.com/ the proposal will not adversely impact Trader.aspx?id=PriceListTrading2. their existing pricing or their ability to reasons discussed above, the proposed 22 See EDGX Fee Schedule, at https:// qualify for other credits provided by the change to the base rate for adding and markets.cboe.com/us/equities/membership/fee_ Exchange. removing liquidity in Sub-Dollar schedule/edgx/. Securities would incentivize ETP 23 See BZX Fee Schedule, at https:// Step Up Tier for Adding Liquidity in Holders to direct a greater amount of markets.cboe.com/us/equities/membership/fee_ Sub-Dollar Securities schedule/bzx/. See also Nasdaq Price List, at http:// liquidity to the Exchange to qualify for www.nasdaqtrader.com/ The Exchange believes the proposed the proposed credit of $0.00004 per Trader.aspx?id=PriceListTrading2. pricing tier is equitable because it share when adding liquidity and lower

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removing fee of 0.295% of total dollar Non-Displayed Limit Orders and MPL pool, supporting the quality of price value, thereby increasing the number of Orders. As noted, the Exchange believes discovery, promoting market orders that are executed on the that the proposed credit would provide transparency and improving investor Exchange and improving overall an incentive for ETP Holders to send protection. Finally, the submission of liquidity on a public exchange. A additional liquidity to the Exchange in orders in Sub-Dollar Securities to the number of ETP Holders currently order to qualify for the additional Exchange is optional for ETP Holders in transact in Sub-Dollar Securities and credits. The Exchange also believes that that they could choose whether to they would all qualify for the proposed the proposed change is not unfairly submit such orders to the Exchange and, increased credit for adding liquidity and discriminatory because it is reasonably if they do, the extent of its activity in lower fee for removing liquidity based related to the value to the Exchange’s this regard. on their current trading profile on the market quality associated with higher Base Rate for Adding and Removing Exchange. The Exchange believes volume. Finally, the submission of Liquidity in Sub-Dollar Securities additional ETP Holders could qualify orders to the Exchange is optional for for the new rates if they choose to direct ETP Holders in that they could choose The proposed credit for orders that order flow in Sub-Dollar Securities to whether to submit orders to the add liquidity and revised fees for orders the Exchange. Exchange and, if they do, the extent of that remove liquidity from the Exchange The Exchange believes that the its activity in this regard. are also not unfairly discriminatory proposed rule change is equitable because proposed increased credit and because maintaining or increasing the Step Up Tier for Adding Liquidity in lower fee would be applied to all proportion of Sub-Dollar Securities that Sub-Dollar Securities similarly situated ETP Holders who are executed on a registered national The Exchange believes it is not would all be eligible for the same fee securities exchange (rather than relying unfairly discriminatory to provide and credit on an equal basis. on certain available off-exchange additional per share step up credits for Accordingly, no ETP Holder already execution methods) would contribute to adding liquidity in Sub-Dollar operating on the Exchange would be investors’ confidence in the fairness of Securities, as the proposed credits disadvantaged by this allocation of fees their transactions and would benefit all would be provided on an equal basis to and credits. Further, the Exchange investors by deepening the Exchange’s all ETP Holders that add liquidity by believes the proposal would provide an liquidity pool, supporting the quality of meeting the new proposed Step Up incentive for ETP Holders to direct price discovery, promoting market Tier’s requirements. For the same additional order flow in Sub-Dollar transparency and improving investor reason, the Exchange believes it is not Securities to the Exchange, to the protection. unfairly discriminatory to provide benefit of all market participants. additional incrementally higher credits The Exchange also believes that the The Proposed Fee Change Is Not for increased adding ADV over the ETP proposed change is not unfairly Unfairly Discriminatory Holder’s July 2020 adding liquidity in discriminatory because it is reasonably The Exchange believes that the Sub-Dollar Securities taken as a related to the value to the Exchange’s proposal is not unfairly discriminatory. percentage of US CADV because the market quality associated with higher In the prevailing competitive proposed higher credits would equally volume. The Exchange believes the environment, ETP Holders are free to encourage all ETP Holders to provide proposed increased credit and lower fee disfavor the Exchange’s pricing if they additional liquidity on the Exchange in would incentivize ETP Holders to send believe that alternatives offer them Sub-Dollar Securities. more orders to the Exchange, which better value. The proposed pricing tier would also would support the quality of price The proposal is not unfairly serve as an incentive to ETP Holders to discovery on the Exchange and provide discriminatory because it neither targets increase the level of orders sent directly additional liquidity for incoming orders. nor will it have a disparate impact on to NYSE Arca in order to qualify for, Further, the submission of orders to the any particular category of market and receive the proposed credits that Exchange is optional for ETP Holders in participant. were not previously available on the that they could choose whether to Exchange. The Exchange believes that submit orders to the Exchange and, if Step Up Tier for Adding Liquidity in the proposed pricing tier would provide Non-Displayed Limit Orders they do, the extent of its activity in this an incentive for ETP Holders to send regard. The Exchange believes it is not additional liquidity to the Exchange in For the foregoing reasons, the unfairly discriminatory to provide order to qualify for the credits. The Exchange believes that the proposal is additional per share step up credits for Exchange also believes that the consistent with the Act. adding liquidity in Non-Displayed Limit proposed change is not unfairly Orders and MPL Orders, as the discriminatory because it is reasonably B. Self-Regulatory Organization’s proposed credits would be provided on related to the value to the Exchange’s Statement on Burden on Competition an equal basis to all ETP Holders that market quality associated with higher In accordance with Section 6(b)(8) of add liquidity by meeting the new volume. the Act,24 the Exchange believes that the proposed Step Up Tier’s requirements. The Exchange believes that the proposed rule change would not impose For the same reason, the Exchange proposed rule change is not unfairly any burden on competition that is not believes it is not unfairly discriminatory discriminatory because maintaining or necessary or appropriate in furtherance to provide additional incrementally increasing the proportion of Sub-Dollar of the purposes of the Act. Instead, as higher credits for increased adding ADV Securities that are executed on a discussed above, the Exchange believes over the ETP Holder’s July 2020 adding registered national securities exchange that the proposed changes would liquidity in Non-Displayed Limit Orders (rather than relying on certain available encourage the submission of additional and MPL Orders combined taken as a off-exchange execution methods) would liquidity to a public exchange, thereby percentage of US CADV because the contribute to investors’ confidence in promoting market depth, price proposed higher credits would equally the fairness of their transactions and discovery and transparency and encourage all ETP Holders to provide would benefit all investors by additional liquidity on the Exchange in deepening the Exchange’s liquidity 24 15 U.S.C. 78f(b)(8).

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enhancing order execution encouraging additional orders to be sent only one method. The Commission will opportunities for ETP Holders. As a to the Exchange for execution. post all comments on the Commission’s result, the Exchange believes that the internet website (http://www.sec.gov/ C. Self-Regulatory Organization’s proposed change furthers the rules/sro.shtml). Copies of the Statement on Comments on the Commission’s goal in adopting submission, all subsequent Proposed Rule Change Received From Regulation NMS of fostering integrated amendments, all written statements Members, Participants, or Others competition among orders, which with respect to the proposed rule promotes ‘‘more efficient pricing of No written comments were solicited change that are filed with the individual stocks for all types of orders, or received with respect to the proposed Commission, and all written large and small.’’ 25 rule change. communications relating to the Intramarket Competition. The III. Date of Effectiveness of the proposed rule change between the proposed changes are designed to Proposed Rule Change and Timing for Commission and any person, other than respond to the current competitive Commission Action those that may be withheld from the environment and to attract additional public in accordance with the order flow to the Exchange. The The foregoing rule change is effective provisions of 5 U.S.C. 552, will be Exchange believes that the proposed upon filing pursuant to Section available for website viewing and 26 changes would continue to incentivize 19(b)(3)(A) of the Act and printing in the Commission’s Public 27 market participants to direct order flow subparagraph (f)(2) of Rule 19b–4 Reference Room, 100 F Street NE, to the Exchange. Greater liquidity thereunder, because it establishes a due, Washington, DC 20549, on official benefits all market participants on the fee, or other charge imposed by the business days between the hours of Exchange by providing more trading Exchange. 10:00 a.m. and 3:00 p.m. Copies of the opportunities and encourages ETP At any time within 60 days of the filing also will be available for Holders to send orders, thereby filing of such proposed rule change, the inspection and copying at the principal contributing to robust levels of liquidity, Commission summarily may office of the Exchange. All comments which benefits all market participants temporarily suspend such rule change if received will be posted without change. on the Exchange. The proposed credits it appears to the Commission that such Persons submitting comments are and lower fees would be available to all action is necessary or appropriate in the cautioned that we do not redact or edit similarly-situated market participants, public interest, for the protection of personal identifying information from and, as such, the proposed change investors, or otherwise in furtherance of comment submissions. You should would not impose a disparate burden on the purposes of the Act. If the submit only information that you wish competition among market participants Commission takes such action, the to make available publicly. All on the Exchange. As such, the Exchange Commission shall institute proceedings submissions should refer to File 28 believes the proposed amendments to under Section 19(b)(2)(B) of the Act to Number SR–NYSEArca-2020–75 and its Fee Schedule would not impose any determine whether the proposed rule should be submitted on or before burden on intramarket competition that change should be approved or September 14, 2020. disapproved. is not necessary or appropriate in For the Commission, by the Division of furtherance of the purposes of the Act. IV. Solicitation of Comments Trading and Markets, pursuant to delegated Intermarket Competition. The 29 Interested persons are invited to authority. Exchange operates in a highly submit written data, views, and J. Matthew DeLesDernier, competitive market in which market arguments concerning the foregoing, Assistant Secretary. participants can readily choose to send including whether the proposed rule [FR Doc. 2020–18467 Filed 8–21–20; 8:45 am] their orders to other exchange and off- change is consistent with the Act. BILLING CODE 8011–01–P exchange venues if they deem fee levels Comments may be submitted by any of at those other venues to be more the following methods: favorable. As noted above, the Exchange’s market share of intraday Electronic Comments DEPARTMENT OF STATE trading (i.e., excluding auctions) is • Use the Commission’s internet [Public Notice: 11178] currently less than 10%. In such an comment form (http://www.sec.gov/ environment, the Exchange must rules/sro.shtml); or Privacy Act of 1974; System of continually adjust its fees and rebates to • Send an email to rule-comments@ Records remain competitive with other sec.gov. Please include File Number SR– AGENCY: exchanges and with off-exchange NYSEArca–2020–75 on the subject line. Department of State. venues. Because competitors are free to ACTION: Notice of a new system of modify their own fees and credits in Paper Comments records. response, and because market • Send paper comments in triplicate participants may readily adjust their to Secretary, Securities and Exchange SUMMARY: Information in Secretariat order routing practices, the Exchange Commission, 100 F Street NE, Contact Records is used to facilitate does not believe its proposed fee change Washington, DC 20549–1090. Department communication with domestic and foreign interlocutors. can impose any burden on intermarket All submissions should refer to File competition. Number SR–NYSEArca-2020–75. This DATES: In accordance with 5 U.S.C. The Exchange believes that the file number should be included on the 552a(e)(4) and (11), this system of proposed change could promote subject line if email is used. To help the records notice is effective upon competition between the Exchange and Commission process and review your publication, with the exception of the other execution venues, including those comments more efficiently, please use routine uses that are subject to a 30-day that currently offer similar order types period during which interested persons and comparable transaction pricing, by 26 15 U.S.C. 78s(b)(3)(A). may submit comments to the 27 17 CFR 240.19b–4(f)(2). 25 See Regulation NMS, 70 FR at 37498–99. 28 15 U.S.C. 78s(b)(2)(B). 29 17 CFR 200.30–3(a)(12).

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Department. Please submit any Department of State officials on matters responsibility to investigate or prosecute comments by September 23, 2020. of official business. These records such violation or enforce or implement ADDRESSES: Questions can be submitted include name, email addresses, phone the statute, rule, regulation, or order. by mail, email or by calling Eric F. numbers, and job title. These records (e) The Federal Bureau of Stein, the Senior Agency Official for may also include information about the Investigation, the Department of Privacy, on (202) 485–2051. If mail, individual’s previous interactions with Homeland Security, the National please write to: U.S Department of State; the Department of State, such as the Counter-Terrorism Center (NCTC), the Office of Global Information Systems; purpose and date of a call connected by Terrorist Screening Center (TSC), or A/GIS; Room, 1417, 2201 C St., NW; the Department of State’s Operations other appropriate federal agencies, for Washington, D C 20520. If email, please Center and notes to clarify contact the integration and use of such address the email to the Senior Agency methods for the individual. information to protect against terrorism, Official for Privacy, Eric F. Stein, at if that record is about one or more RECORD SOURCE CATEGORIES: [email protected]. Please write individuals known, or suspected, to be ‘‘Secretariat Contact Records, State-84’’ These records contain information or to have been involved in activities on the envelope or the subject line of that is primarily obtained from the constituting, in preparation for, in aid your email. individual who is the subject of the of, or related to terrorism. Such FOR FURTHER INFORMATION CONTACT: Eric records. information may be further F. Stein, Senior Agency Official for ROUTINE USES OF RECORDS MAINTAINED IN THE disseminated by recipient agencies to Privacy; U.S. Department of State; Office SYSTEM, INCLUDING CATEGORIES OF USERS AND Federal, State, local, territorial, tribal, of Global Information Services, A/GIS; PURPOSES OF SUCH USES: and foreign government authorities, and Room 1417, 2201 C St. NW; Secretariat Contact Records may be to support private sector processes as Washington, DC 20520 or by calling disclosed: contemplated in Homeland Security (202) 485–2051. (a) To appropriate agencies, entities, Presidential Directive/HSPD–6 and SUPPLEMENTARY INFORMATION: None. and persons when (1) the Department of other relevant laws and directives, for State suspects or has confirmed that terrorist screening, threat-protection and SYSTEM NAME AND NUMBER: there has been a breach of the system of other homeland security purposes. Secretariat Contact Records, State-84. records; (2) the Department of State has (f) A congressional office from the SECURITY CLASSIFICATION: determined that as a result of the record of an individual in response to Unclassified. suspected or confirmed breach there is an inquiry from the Congressional office a risk of harm to individuals, the made at the request of that individual. SYSTEM LOCATION: Department of State (including its (g) A court, adjudicative body, or Department of State (‘‘Department’’), information systems, programs, and administrative body before which the located at 2201 C Street NW, operations), the Federal Government, or Department is authorized to appear Washington, DC 20520. national security; and (3) the disclosure when (a) the Department; (b) any employee of the Department in his or SYSTEM MANAGER(S): made to such agencies, entities, and persons is reasonably necessary to assist her official capacity; (c) any employee of Director, Operations Center, 2201 C in connection with the Department of the Department in his or her individual Street NW, Washington, DC 20520, State efforts to respond to the suspected capacity where the U.S. Department of [email protected], (202) 647– or confirmed breach or to prevent, Justice (‘‘DOJ’’) or the Department has 1512. minimize, or remedy such harm. agreed to represent the employee; or (d) AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (b) To another Federal agency or the Government of the United States, 8 U.S.C. 1104 (Powers and Duties of Federal entity, when the Department of when the Department determines that the Secretary of State). State determines that information from litigation is likely to affect the this system of records is reasonably Department, is a party to litigation or PURPOSE(S) OF THE SYSTEM: necessary to assist the recipient agency has an interest in such litigation, and Information in the Secretariat Contact or entity in (1) responding to a the use of such records by the Records is used to facilitate Department suspected or confirmed breach or (2) Department is deemed to be relevant communication with domestic and preventing, minimizing, or remedying and necessary to the litigation or foreign interlocutors. These records are the risk of harm to individuals, the administrative proceeding. maintained by the Operations Center recipient agency or entity (including its (h) The Department of Justice (‘‘DOJ’’) staff and used to establish calls when information systems, programs, and for its use in providing legal advice to needed by the Secretary of State to operations), the Federal Government, or the Department or in representing the discuss foreign policy matters. national security, resulting from a Department in a proceeding before a Additional data is collected in the form suspected or confirmed breach. court, adjudicative body, or other of call notes that help clarify contact (c) A contractor of the Department administrative body before which the methods. having need for the information in the Department is authorized to appear, where the Department deems DOJ’s use CATEGORIES OF INDIVIDUALS COVERED BY THE performance of the contract, but not SYSTEM: operating a system of records within the of such information relevant and necessary to the litigation, and such Individuals who interact with meaning of 5 U.S.C. 552a(m). proceeding names as a party or interests: Department of State officials on matters (d) An agency, whether federal, state, of official business. The Privacy Act local or foreign, where a record (a) The Department or any component defines an individual at 5 U.S.C. indicates a violation or potential of it; 552a(a)(2) as a United States citizen or violation of law, whether civil, criminal (b) Any employee of the Department lawful permanent resident. or regulatory in nature, and whether in his or her official capacity; arising by general statute or particular (c) Any employee of the Department CATEGORIES OF RECORDS IN THE SYSTEM: program statute, or by regulation, rule or in his or her individual capacity where Contact information related to order issued pursuant thereto, so that DOJ as agreed to represent the individuals who interact with the recipient agency can fulfill its employee; or

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(d) The Government of the United Institute’s distance learning course CONTESTING RECORD PROCEDURES: States, where the Department instructing employees on privacy and Individuals who wish to contest determines that litigation is likely to security requirements, including the record procedures should write to U.S. affect the Department or any of its rules of behavior for handling PII and Department of State; Director, Office of components. the potential consequences if it is Information Programs and Services; A/ (i) The National Archives and Records handled improperly. Access to the GIS/IPS; 2201 C Street NW; Room B– Administration and the General Department of State, its annexes and 266; Washington, DC 20520. Services Administration: For records posts abroad is controlled by security management inspections, surveys and guards and admission is limited to those NOTIFICATION PROCEDURES: studies; following transfer to a Federal individuals possessing a valid Individuals who have reason to records center for storage; and to identification card or individuals under believe that this system of records may determine whether such records have proper escort. Access to computerized contain information pertaining to them sufficient historical or other value to files is password-protected and under may write to U.S. Department of State; warrant accessioning into the National the direct supervision of the system Director, Office of Information Programs Archives of the United States. manager. The system manager has the and Services; A/GIS/IPS; 2201 C Street capability of printing audit trails of NW; Room B–266; Washington, DC POLICIES AND PRACTICES FOR STORAGE OF access from the computer media, 20520. The individual must specify that RECORDS: thereby permitting regular and ad hoc he or she wishes the Secretariat Contact Records are stored on electronic monitoring of computer usage. When it Records to be checked. At a minimum, media. A description of standard is determined that a user no longer the individual must include: full name Department of State policies concerning needs access, the user account is (including maiden name, if appropriate) storage of electronic records is found disabled. and any other names used; current here https://fam.state.gov/FAM/05FAM/ Before being granted access to mailing address and zip code; date and 05FAM0440.html. Secretariat Contact Records, a user must place of birth; notarized signature or POLICIES AND PRACTICES FOR RETRIEVAL OF first be granted access to the Department statement under penalty of perjury; a RECORDS: of State computer system. Remote brief description of the circumstances Secretariat Contact Records access to the Department of State that caused the creation of the record information is retrieved almost network from non-Department owned (including the city and/or country and exclusively through a name or phone systems is authorized only through a the approximate dates) which gives the number search. Other fields, such as Department approved access program. individual cause to believe that the address or title, are available for Remote access to the network is Secretariat Contact Records include retrieval, but are rarely used. configured with the authentication records pertaining to him or her. requirements contained in the Office of POLICIES AND PRACTICES FOR RETENTION AND Management and Budget Circular EXEMPTIONS PROMULGATED FOR THE SYSTEM: DISPOSAL OF RECORDS: Memorandum A–130. All Department of None. Records are retired and destroyed in State employees and contractors with HISTORY: accordance with published Department authorized access have undergone a of State Records Disposition Schedules background security investigation. None. as approved by the National Archives Dated: August 17, 2020. RECORD ACCESS PROCEDURES: and Records Administration (NARA) Eric F. Stein, Individuals who wish to gain access and outlined here https://foia.state.gov/ Senior Agency Official for Privacy, Acting to or to amend records pertaining to Learn/RecordsDisposition.aspx. Deputy Assistant Secretary, Office of Global Secretariat Contact Records are themselves should write to U.S. Information Services, Bureau of governed by Records Schedule A–03– Department of State; Director, Office of Administration, Department of State. 006–10 which covers temporary Information Programs and Services; A/ [FR Doc. 2020–18532 Filed 8–21–20; 8:45 am] GIS/IPS; 2201 C Street, N.W; Room B– customer/client records that may be BILLING CODE 4710–24–P deleted when they are superseded, 266; Washington, DC 20520. The become obsolete or the customer/client individual must specify that he or she requests the agency remove the records. wishes the Secretariat Contact Records DEPARTMENT OF STATE to be checked. At a minimum, the More specific information may be [Public Notice: 11188] obtained by writing to the following individual must include: full name address: U.S. Department of State; (including maiden name, if appropriate) Determination Pursuant to the Foreign Director, Office of Information Programs and any other names used; current Missions Act and Services; A/GIS/IPS; 2201 C Street mailing address and zip code; date and NW; Room B–266; Washington, DC place of birth; notarized signature or Pursuant to the authority vested in the 20520. statement under penalty of perjury; a Secretary of State by the laws of the brief description of the circumstances United States including the Foreign ADMINISTRATIVE, TECHNICAL, AND PHYSICAL that caused the creation of the record Missions Act (22 U.S.C. 4301 et seq.) SAFEGUARDS: (including the city and/or country and and delegated pursuant to Department All users are given cyber security the approximate dates) which gives the of State Delegation of Authority No. 214 awareness training which covers the individual cause to believe that the of September 20, 1994, I hereby procedures for handling Sensitive but Secretariat Contact Records include determine that the Confucius Institute Unclassified information, including records pertaining to him or her. United States Center, and any successor personally identifiable information (PII). Detailed instructions on Department of entity, including their real property and Annual refresher training is mandatory. State procedures for accessing and personnel, is a foreign mission within In addition, all Foreign Service and amending records can be found at the the meaning of 22 U.S.C. 4302(a)(3). Civil Service employees and those Department’s FOIA website located at Furthermore, I hereby determine it to Locally Employed Staff who handle PII https://foia.state.gov/Request/ be reasonably necessary to protect the are required to take the Foreign Service Guide.aspx. interests of the United States to require

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the representative offices and operations OFFICE OF THE UNITED STATES 5, 2019), 84 FR 20459 (May 9, 2019), 84 in the United States of the above noted TRADE REPRESENTATIVE FR 29576 (June 24, 2019), 84 FR 38717 entities, and their agents or employees (August 7, 2019), 84 FR 46212 acting on their behalf, to comply with Notice of Product Exclusions and (September 3, 2019), 84 FR 49591 the terms and conditions specified by Amendments: China’s Acts, Policies, (September 20, 2019), 84 FR 57803 the Department of State’s Office of and Practices Related to Technology (October 28, 2019), 84 FR 61674 Foreign Missions relating to the above Transfer, Intellectual Property, and (November 13, 2019), 84 FR 65882 Innovation noted entities’ activities in the United (November 29, 2019), 84 FR 69012 (December 17, 2019), 85 FR 549 (January States. AGENCY: Office of the United States Trade Representative. 6, 2020), 85 FR 6674 (February 5, 2020), At a minimum such terms and 85 FR 9921 (February 20, 2020), 85 FR ACTION: conditions shall include a requirement Notice of product exclusions 15015 (March 16, 2020), 85 FR 17158 for the Confucius Institute United States and amendments. (March 26, 2020), 85 FR 23122 (April Center, and its successor entity, to: SUMMARY: In September 2018, the U.S. 24, 2020), 85 FR 27489 (May 8, 2020), 1. By October 31, 2020, prepare a Trade Representative imposed 85 FR 32094 (May 28, 2020), 85 FR report detailing all financial and other additional duties on goods of China 38000 (June 24, 2020), and 85 FR 42968 support that CIUS has provided or will with an annual trade value of (July 15, 2020). provide to Confucius Institutes, approximately $200 billion as part of Effective September 24, 2018, the U.S. Trade Representative imposed Confucius Classrooms, or other the action in the Section 301 investigation of China’s acts, policies, additional 10 percent ad valorem duties educational institutions in the United on goods of China classified in 5,757 States in calendar years 2018, 2019, and and practices related to technology transfer, intellectual property, and full and partial subheadings of the 2020. This report must be updated and Harmonized Tariff Schedule of the submitted bi-annually every April 30 innovation. The U.S. Trade Representative initiated a product United States (HTSUS), with an and October 31. exclusion process in June 2019, and approximate annual trade value of $200 2. By October 31, 2020, provide a list interested persons have submitted billion. See 83 FR 47974, as modified by of all PRC citizens referred or assigned requests for the exclusion of specific 83 FR 49153. In May 2019, the U.S. by CIUS to a Confucius Institute or products. This notice announces the Trade Representative increased the Confucius Classroom in the United U.S. Trade Representative’s additional duty to 25 percent. See 84 FR States since 2016, their current determination to grant certain 20459. On June 24, 2019, the U.S. Trade citizenship or visa status, and whether exclusions and make technical Representative established a process by and where they are currently assigned amendments to previously announced which stakeholders could request in the United States. This report must be exclusions. exclusion of particular products classified within an eight-digit HTSUS updated and submitted bi-annually DATES: As stated in the September 20, subheading covered by the $200 billion every April 30 and October 31. 2019 notice, product exclusions will action from the additional duties. See 84 3. Provide OFM with 60 days notice apply from September 24, 2018 to FR 29576 (the June 24 notice). prior to dispersing funds, personnel, or August 7, 2020. The amendments Under the June 24 notice, requests for other resources in support of new announced in this notice are retroactive exclusion had to identify the product Confucius Institutes or other to the date the original exclusions were subject to the request in terms of the published and do not extend the period educational organizations in the United physical characteristics that distinguish for the original exclusions. U.S. States. the product from other products within Customs and Border Protection will the relevant eight-digit HTSUS 4. By October 31, 2020, provide OFM issue instructions on entry guidance and subheading covered by the $200 billion with courtesy copies of curriculum implementation. action. Requestors also had to provide materials that CIUS has provided to FOR FURTHER INFORMATION CONTACT: For the ten-digit HTSUS subheading most individual Confucius Institutes and general questions about this notice, applicable to the particular product other U.S.-based educational contact Associate General Counsel requested for exclusion, and could institutions for use in calendar years Philip Butler or Megan Grimball, or submit information on the ability of U.S. 2016–2020. Courtesy copies of future Director of Industrial Goods Justin Customs and Border Protection to curricular materials must be submitted Hoffmann at (202) 395–5725. For administer the requested exclusion. to OFM as they are distributed. specific questions on customs Requestors were asked to provide the Finally, I determine that the classification or implementation of the quantity and value of the Chinese-origin requirements established by Designation product exclusions identified in the product that the requestor purchased in 2020–2, dated June 5, 2020, will not be Annex to this notice, contact the last three years. With regard to the [email protected]. applied to the above-referenced entities rationale for the requested exclusion, unless and until further notice. SUPPLEMENTARY INFORMATION: requests had to address the following factors: A. Background Clifton C. Seagroves, • Whether the particular product is Acting Director, Office of Foreign Missions, For background on the proceedings in available only from China and, Department of State. this investigation, please see the prior specifically, whether the particular [FR Doc. 2020–18525 Filed 8–21–20; 8:45 am] notices including 82 FR 40213 (August product and/or a comparable product is 24, 2017), 83 FR 14906 (April 6, 2018), available from sources in the United BILLING CODE 4710–43–P 83 FR 28710 (June 20, 2018), 83 FR States and/or third countries. 33608 (July 17, 2018), 83 FR 38760 • Whether the imposition of (August 7, 2018), 83 FR 47974 additional duties on the particular (September 21, 2018), 83 FR 49153 product would cause severe economic (September 28, 2018), 83 FR 65198 harm to the requestor or other U.S. (December 19, 2018), 84 FR 7966 (March interests.

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• Whether the particular product is C. Technical Amendments to Schedule of the United States, is modified by strategically important or related to Exclusions deleting ‘‘each measuring at least 105 cm but not more than 146 cm in length, at least 67 ‘‘Made in China 2025’’ or other Chinese Paragraph A of the Annex contains industrial programs. cm but not more than 77 cm in width and eight technical amendments to U.S. note at least 42 cm but not more than 77 cm in The June 24 notice stated that the U.S. 20(qq)(100), U.S. note 20(ll)(17), and height’’ and inserting ‘‘each measuring at Trade Representative would take into U.S. notes 20(yy)(78)-(83) to subchapter least 89 cm but not more than 168 cm in account whether an exclusion would III of chapter 99 of the HTSUS, as set length, at least 56 cm but not more than 89 undermine the objective of the Section out in the Annexes of the notices cm in width and at least 35 cm but not more 301 investigation. published at 84 FR 57803 (October 28, than 89 cm in height’’ in lieu thereof. The June 24 notice required 5. U.S. note 20(yy)(80) to subchapter III of 2019), 85 FR 6674 (February 5, 2020), chapter 99 of the Harmonized Tariff submission of requests for exclusion and 85 FR 27489 (May 8, 2020). Schedule of the United States, is modified by from the $200 billion action no later ANNEX deleting ‘‘each measuring at least 83 cm but than September 30, 2019, and noted that not more than 240 cm in length, at least 39 the U.S. Trade Representative A. Effective with respect to goods entered cm but not more than 100 cm in width and periodically would announce decisions. for consumption, or withdrawn from at least 17 cm but not more than 93 cm in In August 2019, the U.S. Trade warehouse for consumption, on or after 12:01 height’’ and inserting ‘‘each measuring at Representative granted an initial set of a.m. eastern daylight time on September 24, least 70 cm but not more than 276 cm in 2018, and before August 7, 2020, U.S. note exclusion requests. See 84 FR 38717. length, at least 33 cm but not more than 115 20(aaa) to subchapter III of chapter 99 of the cm in width and at least 14 cm but not more The U.S. Trade Representative granted Harmonized Tariff Schedule of the United than 107 cm in height’’ in lieu thereof. additional exclusions in September, States (HTSUS) is modified by inserting the 6. U.S. note 20(yy)(81) to subchapter III of October, November and December 2019, following exclusions in numerical order after chapter 99 of the Harmonized Tariff and January, February, March, April, exclusion (79): Schedule of the United States, is modified by May, June and July 2020. See 84 FR 1. (80) Wallets, whether or not with wrist deleting ‘‘each measuring at least 67 cm but 49591; 84 FR 57803; 84 FR 61674; 84 FR straps, of reinforced plastics, each measuring not more than 608 cm in length, at least 50 at least 17.5 cm long by 2 cm wide by 11 cm cm but not more than 75 cm in width and 65882; 84 FR 69012; 85 FR 549; 85 FR high and not more than 19 cm long by 2 cm 6674; 85 FR 9921; 85 FR 15015; 85 FR at least 14 cm but not more than 34 cm in wide by 11 cm high (described in statistical height’’ and inserting ‘‘each measuring at 17158; 85 FR 23122; 85 FR 27489; 85 FR reporting number 4202.32.1000) least 56 cm but not more than 700 cm in 32094; 85 FR 38000; 85 FR 42968. The 2. (81) Mixtures containing N,N- length, at least 42 cm but not more than 87 Office of the United States Trade dimethyldodecan-1-amine (CAS No. 112–18– cm in width and at least 11 cm but not more Representative regularly updates the 5) and N,N-dimethyltetradecan-1-amine (CAS than 39 cm in height’’ in lieu thereof. status of each pending request on the No. 112–75–4) (described in statistical 7. U.S. note 20(yy)(82) to subchapter III of Exclusions Portal at https:// reporting number 3824.99.9297) chapter 99 of the Harmonized Tariff B. Effective with respect to goods entered exclusions.ustr.gov/s/ Schedule of the United States, is modified by for consumption, or withdrawn from deleting ‘‘each measuring at least 47 cm but docket?docketNumber=USTR-2019- warehouse for consumption, on or after 12:01 0005. not more than 75 cm in length, at least 37 a.m. eastern daylight time on September 24, cm but not more than 57 cm in width and 2018, subchapter III of chapter 99 of the at least 29 cm but not more than 108 cm in B. Determination To Grant Certain Harmonized Tariff Schedule of the United Exclusions height’’ and inserting ‘‘each measuring at States (HTSUS) is modified: least 39 cm but not more than 87 cm in Based on evaluation of the factors set 1. U.S. note 20(qq)(100) to subchapter III of length, at least 31 cm but not more than 65 chapter 99 of the Harmonized Tariff cm in width and at least 24 cm but not more forth in the June 24 notice, which are Schedule of the United States, is modified by than 125 cm in height’’ in lieu thereof. summarized above, pursuant to sections deleting ‘‘(described in statistical reporting 8. U.S. note 20(yy)(83) to subchapter III of 301(b), 301(c), and 307(a) of the Trade number 9403.20.0050)’’ and inserting chapter 99 of the Harmonized Tariff Act of 1974, as amended, and in ‘‘(described in statistical reporting number Schedule of the United States, is modified by accordance with the advice of the 9403.20.0050 or 9403.20.0078)’’ in lieu deleting ‘‘each measuring at least 88 cm but thereof. interagency Section 301 Committee, the not more than 217 cm in length, at least 39 2. U.S. note 20(ll)(17) to subchapter III of U.S. Trade Representative has cm but not more than 95 cm in width and chapter 99 of the Harmonized Tariff determined to grant the product at least 9 cm but not more than 22 cm in Schedule of the United States, is modified by exclusions in the Annex to this notice. deleting ‘‘Imitation leather fabrics, of height’’ and inserting ‘‘each measuring at The U.S. Trade Representative’s manmade fibers impregnated, coated, least 74 cm but not more than 250 cm in determination also takes into account covered or laminated with 75 percent length, at least 33 cm but not more than 110 advice from advisory committees and polyvinyl chloride (PVC) by weight’’ and cm in width and at least 7 cm but not more any public comments on the pertinent inserting ‘‘Imitation leather fabrics, of than 26 cm in height’’ in lieu thereof. exclusion requests. As set forth in the manmade fibers impregnated, coated, Joseph Barloon, covered or laminated with a minimum of Annex, the exclusions are reflected in General Counsel, Office of the United States 60% polyvinyl chloride (PVC) and 75% two specially prepared product Trade Representative. descriptions that respond to two plastics by weight’’ in lieu thereof. 3. U.S. note 20(yy)(78) to subchapter III of [FR Doc. 2020–18517 Filed 8–21–20; 8:45 am] exclusion requests. In accordance with chapter 99 of the Harmonized Tariff BILLING CODE 3290–F0–P the June 24 notice, the exclusions are Schedule of the United States, is modified by available for any products that meet the deleting ‘‘each measuring at least 141 cm but description in the Annex, regardless of not more than 413 cm in length, at least 67 DEPARTMENT OF TRANSPORTATION whether the importer benefitting from cm but not more than 179 cm in width and the product exclusion filed an exclusion at least 47 cm but not more than 67 cm in Federal Railroad Administration request. Further, the scope of an height’’ and inserting ‘‘each measuring at exclusion is governed by the scope of least 119 cm but not more than 475 cm in [Docket Number FRA–2010–0093] length, at least 56 cm but not more than 206 the product descriptions in the Annex cm in width and at least 39 cm but not more Petition for Waiver of Compliance and not by the product description than 78 cm in height’’ in lieu thereof. found in any particular request for 4. U.S. note 20(yy)(79) to subchapter III of Under part 211 of title 49 Code of exclusion. chapter 99 of the Harmonized Tariff Federal Regulations (CFR), this

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document provides the public notice received after that date will be notice and include them in its that on August 9, 2020, Virginia & considered if practicable. information collection submission to Truckee Railroad Company (VTRR) Anyone can search the electronic OMB for approval. petitioned the Federal Railroad form of any written communications SUPPLEMENTARY INFORMATION: The PRA, Administration (FRA) for a waiver of and comments received into any of our 44 U.S.C. 3501–3520, and its compliance from certain provisions of dockets by the name of the individual implementing regulations, 5 CFR part the Federal railroad safety regulations submitting the comment (or signing the 1320, require Federal agencies to contained at 49 CFR part 215, Railroad document, if submitted on behalf of an provide 60-days’ notice to the public to Freight Car Safety Standards. FRA association, business, labor union, etc.). allow comment on information assigned the petition Docket Number Under 5 U.S.C. 553(c), DOT solicits collection activities before seeking OMB FRA–2010–0093. comments from the public to better approval of the activities. See 44 U.S.C. Specifically, VTRR seeks to extend its inform its processes. DOT posts these 3506, 3507; 5 CFR 1320.8 through previous special approval under 49 CFR comments, without edit, including any 1320.12. Specifically, FRA invites 215.203, Restricted cars, and relief from personal information the commenter interested parties to comment on the 49 CFR 215.303, Stenciling of restricted provides, to www.regulations.gov, as following ICR regarding: (1) Whether the cars, for three overage freight cars: described in the system of records information collection activities are Caboose V&T 50, open air car V&T 55, notice (DOT/ALL–14 FDMS), which can necessary for FRA to properly execute and boxcar V&T 54. It also requests to be reviewed at https:// its functions, including whether the add one car, caboose V&T 25, to the www.transportation.gov/privacy. See activities will have practical utility; (2) current docket. All cars are owned by also https://www.regulations.gov/ the accuracy of FRA’s estimates of the VTRR and are not interchanged in privacyNotice for the privacy notice of burden of the information collection regular freight operations with other regulations.gov. activities, including the validity of the railroads. Issued in Washington, DC. methodology and assumptions used to determine the estimates; (3) ways for VTRR explains it conducts annual John Karl Alexy, comprehensive shop inspections and FRA to enhance the quality, utility, and Associate Administrator for Railroad Safety, clarity of the information being detailed center plate inspections and Chief Safety Officer. maintains and services the cars in collected; and (4) ways for FRA to [FR Doc. 2020–18530 Filed 8–21–20; 8:45 am] compliance with all applicable minimize the burden of information regulations with the exception of the BILLING CODE 4910–06–P collection activities on the public, relief granted. including the use of automated collection techniques or other forms of A copy of the petition, as well as any DEPARTMENT OF TRANSPORTATION written communications concerning the information technology. See 44 U.S.C. petition, is available for review online at Federal Railroad Administration 3506(c)(2)(A); 5 CFR 1320.8(d)(1). www.regulations.gov. FRA believes that soliciting public [Docket No. FRA–2020–0027–N–19] Interested parties are invited to comment may reduce the administrative and paperwork burdens associated with participate in these proceedings by Proposed Agency Information submitting written views, data, or the collection of information that Collection Activities; Comment Federal regulations mandate. In comments. FRA does not anticipate Request scheduling a public hearing in summary, FRA reasons that comments connection with these proceedings since AGENCY: Federal Railroad received will advance three objectives: the facts do not appear to warrant a Administration (FRA), U.S. Department (1) Reduce reporting burdens; (2) hearing. If any interested parties desire of Transportation (DOT). organize information collection requirements in a ‘‘user-friendly’’ format an opportunity for oral comment and a ACTION: Notice of information collection; to improve the use of such information; public hearing, they should notify FRA, request for comment. and (3) accurately assess the resources in writing, before the end of the expended to retrieve and produce comment period and specify the basis SUMMARY: Under the Paperwork information requested. See 44 U.S.C. for their request. Reduction Act of 1995 (PRA) and its implementing regulations, FRA seeks 3501. All communications concerning these The summary below describes the ICR proceedings should identify the approval of the Information Collection Request (ICR) abstracted below. Before that FRA will submit for OMB clearance appropriate docket number and may be as the PRA requires: submitted by any of the following submitting this ICR to the Office of Management and Budget (OMB) for Title: Track Safety Standards; methods: Concrete Crossties. approval, FRA is soliciting public • Website: http:// OMB Control Number: 2130–0592. www.regulations.gov. Follow the online comment on specific aspects of the Abstract: In 2011, FRA mandated instructions for submitting comments. activities identified in the ICR. specific requirements for effective • Fax: 202–493–2251. DATES: Interested persons are invited to concrete crossties, for rail fastening • Mail: Docket Operations Facility, submit comments on or before October systems connected to concrete crossties, U.S. Department of Transportation 23, 2020. and for automated inspections of track (DOT), 1200 New Jersey Ave. SE, W12– ADDRESSES: Submit comments and constructed with concrete crossties. 140, Washington, DC 20590. recommendations for the proposed ICR FRA uses the information collected • Hand Delivery: 1200 New Jersey to Ms. Hodan Wells, Information under 49 CFR 213.234 to ensure Ave. SE, Room W12–140, Washington, Collection Clearance Officer at email: automated track inspections of track DC 20590, between 9 a.m. and 5 p.m., [email protected] or telephone: (202) constructed with concrete crossties are Monday through Friday, except Federal 493–0440. Please refer to the assigned carried out as specified in the rule to Holidays. OMB control number in any supplement visual inspections by Class Communications received by October correspondence submitted. FRA will I and Class II railroads, intercity 8, 2020 will be considered by FRA summarize comments received in passenger railroads, and commuter before final action is taken. Comments response to this notice in a subsequent railroads.

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Type of Request: Extension with Affected Public: Businesses. Frequency of Submission: On change (revised estimates) of a currently Form(s): N/A. occasion. approved collection. Respondent Universe: 30 railroads. Reporting Burden:

Respondent Total annual Average time Total annual Total cost CFR Section 1 universe responses per responses burden hours equivalent 2

213.234(e)—Automated inspection of track constructed 30 railroads .... 125 reports .... 15 minutes ..... 31 hours ...... $1,813 with concrete crossties—Exception reports listing all ex- ception to § 213.109(d)(4). —(g) Procedure for integrity of data—Track owners to in- 30 railroads .... 30 revised pro- 2 hours ...... 60 hours ...... 7,200 stitute procedures for maintaining the integrity of the cedures. data collected by the measurement system. —(h)(3) Training—Track owners to provide annual train- 30 railroads .... 2,250 records 5 minutes ...... 188 hours ...... 10,875 ing in handling rail seat deterioration exceptions to all of trained persons designated as fully qualified under § 213.7 and employees. whose territories are subject to the requirements of § 213.234—Recordkeeping. Total ...... 30 railroads .... 2,405 Re- N/A ...... 279 Hours ...... 19,888 sponses.

Total Estimated Annual Responses: are generally prohibited from engaging 2001, ‘‘Blocking Property and Prohibiting 2,405. in transactions with them. Transactions With Persons Who Commit, Total Estimated Annual Burden: 279 DATES: See SUPPLEMENTARY INFORMATION Threaten To Commit, or Support Terrorism,’’ hours. section for applicable date(s). 66 FR 49079, 3 CFR, 2002 Comp., p. 786, Total Estimated Annual Burden Hour (E.O. 13224), as amended by Executive Order FOR FURTHER INFORMATION CONTACT: Dollar Cost Equivalent: $19,888. 13886 of September 9, 2019, ‘‘Modernizing OFAC: Associate Director for Global Under 44 U.S.C. 3507(a) and 5 CFR Sanctions to Combat Terrorism,’’ 84 FR Targeting, tel.: 202–622–2420; Assistant 1320.5(b) and 1320.8(b)(3)(vi), FRA 48041, (E.O. 13224, as amended), for having Director for Sanctions Compliance & informs all interested parties that it may materially assisted, sponsored, or provided Evaluation, tel.: 202–622–2490; not conduct or sponsor, and a financial, material, or technological support Assistant Director for Licensing, tel.: respondent is not required to respond for, or goods or services to or in support of, to, a collection of information unless it 202–622–2480. MAHAN AIR, a person whose property and displays a currently valid OMB control SUPPLEMENTARY INFORMATION: interests in property are blocked pursuant to number. Electronic Availability E.O. 13224, as amended. Authority: 44 U.S.C. 3501–3520. 2. DELTA PARTS SUPPLY FZC (a.k.a. The SDN List and additional DELTA PARTS SUPPLY), Q1–04–048/A Saif Brett A. Jortland, information concerning OFAC sanctions Zone, P.O. Box 124119, Sharjah, United Arab Deputy Chief Counsel. programs are available on OFAC’s Emirates; Saif Zone, Sharjah, United Arab [FR Doc. 2020–18482 Filed 8–21–20; 8:45 am] website (www.treas.gov/ofac). Emirates; Additional Sanctions BILLING CODE 4910–06–P Notice of OFAC Actions Information—Subject to Secondary Sanctions [SDGT] [IFSR] (Linked To: MAHAN AIR). On August 12, 2020, OFAC Designated pursuant to section 1(a)(iii)(C) determined that the property and DEPARTMENT OF THE TREASURY of E.O. 13224, as amended, for having interests in property subject to U.S. materially assisted, sponsored, or provided Office of Foreign Assets Control jurisdiction of the following persons are financial, material, or technological support blocked under the relevant sanctions for, or goods or services to or in support of, Notice of OFAC Sanctions Actions authorities listed below. MAHAN AIR, a person whose property and interests in property are blocked pursuant to AGENCY: Office of Foreign Assets Entities E.O. 13224, as amended. Control, Treasury. 1. PARTHIA CARGO LLC, 1 AK 01, Jebel ACTION: Notice. Ali South Zone, Jebel Ali Free Zone, Dubai, Individual United Arab Emirates; Office 203, Bur Dubai, SUMMARY: The U.S. Department of the Souk Al Kabeer, Dubai, United Arab 1. MAHDAVI, Amin, Number 1304 Bahar2 Treasury’s Office of Foreign Assets Emirates; P.O. Box: 33393, Dubai, United JBR, Dubai 44439, United Arab Emirates; Control (OFAC) is publishing the names Arab Emirates; P.O. Box: 44439, Dubai, DOB 12 Feb 1967; POB Mashad, Iran; citizen of one or more persons that have been United Arab Emirates; website Iran; Additional Sanctions Information— placed on OFAC’s Specially Designated www.parthiacargo.com; Additional Sanctions Subject to Secondary Sanctions; Gender Male Nationals and Blocked Persons List Information—Subject to Secondary (individual) [SDGT] [IFSR]. (SDN List) based on OFAC’s Sanctions; Chamber of Commerce Number Designated pursuant to section 1(a)(iii)(B) 56868 (United Arab Emirates); Registration determination that one or more of E.O. 13224, as amended, for owning or Number 515161 (United Arab Emirates) controlling, directly or indirectly, PARTHIA applicable legal criteria were satisfied. [SDGT] [IFSR] (Linked To: MAHAN AIR; CARGO LLC, a person whose property and All property and interests in property Linked To: MAHDAVI, Amin). interests in property are blocked pursuant to subject to U.S. jurisdiction of these Designated pursuant to section 1(a)(iii)(C) persons are blocked, and U.S. persons of Executive Order 13224 of September 23, E.O. 13224, as amended.

1 Note: The current inventory estimates a total were not PRA requirements, thus leading to the 2 The dollar equivalent cost is derived from the burden of 4,875 hours while the requesting increased figures in the current inventory, which Surface Transportation Board’s Full Year Wage A&B inventory estimates a total burden of 279 hours. were decreased accordingly in this notice. Also, data series using the appropriate employee group FRA determined some of the estimates were double totals may not add due to rounding. hourly wage rate that includes a 75-percent counted and/or outdated, while other estimates overhead charge.

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Dated: August 12, 2020. person may authorize a representative to OMB Control Number: 1513–0062. Andrea M. Gacki, receive their otherwise confidential tax Type of Review: Extension without Director, Office of Foreign Assets Control, or business information. Form TTB F change of a currently approved U.S. Department of the Treasury. 5000.19 is used by respondents to collection. [FR Doc. 2020–18527 Filed 8–21–20; 8:45 am] authorize a representative who does not Description: Denatured distilled BILLING CODE 4810–AL–P have a power of attorney to receive such spirits may be used for industrial confidential information from TTB. TTB purposes in the manufacture of non- uses the information provided on the beverage products. To prevent diversion DEPARTMENT OF THE TREASURY form to identify the respondent’s of denatured spirits to taxable beverage representative and the scope of their use, the IRC at 26 U.S.C. 5271–5275 Agency Information Collection authority to obtain the otherwise imposes a system of permits, bonds, Activities; Submission for OMB confidential information. recordkeeping, and reporting Review; Comment Request; Multiple Form: TTB F 5000.19. requirements on persons that procure or Alcohol and Tobacco Tax and Trade Affected Public: Business or other for- use such alcohol, and the Secretary of Bureau Information Collection profit; Individuals or households. the Treasury (the Secretary) is Requests Estimated Number of Respondents: authorized to issue regulations 50. AGENCY: regarding those matters. Under those Departmental Offices, U.S. Frequency of Response: On occasion. Department of the Treasury. IRC authorities, the TTB regulations in Estimated Total Number of Annual 27 CFR part 20 require industrial ACTION: Notice. Responses: 50. alcohol users to keep certain usual and SUMMARY: The Department of the Estimated Time per Response: 1 hour. customary business records which track Treasury will submit the following Estimated Total Annual Burden denatured spirits. TTB uses the required information collection requests to the Hours: 50. records to account for denatured spirits 2. Title: Referral of Information. Office of Management and Budget and to ensure compliance with statutory OMB Control Number: 1513–0003. provisions. (OMB) for review and clearance in Type of Review: Extension without Form: TTB REC 5150/01. accordance with the Paperwork change of a currently approved Affected Public: Business or other for- Reduction Act of 1995, on or after the collection. date of publication of this notice. The Description: TTB personnel, during profits; State, local, and tribal public is invited to submit comments on the course of their duties, sometimes governments. these requests. discover apparent violations of statutes Estimated Number of Respondents: DATES: Comments should be received on and regulations under the jurisdiction of 3,440. or before September 23, 2020 to be State, local, and tribal government Frequency of Response: Annually. assured of consideration. agencies. Using form TTB F 5000.21, Estimated Total Number of Annual ADDRESSES: Written comments and TTB personnel refer information Responses: 3,440. recommendations for the proposed regarding such violations to the Estimated Time per Response: None information collection should be sent appropriate external agencies, if such (Under the OMB regulations 5 CFR within 30 days of publication of this disclosures are authorized under the 1320.3(b)(2), regulatory requirements to notice to www.reginfo.gov/public/do/ IRC at 26 U.S.C. 6103 or by other maintain usual and customary records PRAMain. Find this particular Federal laws. The referral form includes kept during the normal course of information collection by selecting a section for the external agencies to business place no burden on ‘‘Currently under 30-day Review—Open respond to TTB regarding their action respondents as defined in the for Public Comments’’ or by using the on such referrals. This form provides a Paperwork Reduction Act.). search function. consistent means of conveying the Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: relevant information to external Hours: None. Copies of the submissions may be agencies, and it facilitates information- 4. Title: Application for Registration obtained from Molly Stasko by emailing sharing between TTB and external for Tax-Free Firearms and Ammunition [email protected], calling (202) 622– agencies to support enforcement efforts. Transactions Under 26 U.S.C. 4221. 8922, or viewing the entire information The response that TTB requests from OMB Control Number: 1513–0095. collection request at www.reginfo.gov. State, local, and tribal government Type of Review: Extension without SUPPLEMENTARY INFORMATION: agencies also provides information as to change of a currently approved the utility of the referrals and potential collection. Alcohol and Tobacco Tax and Trade enforcement actions that these external Description: In general, the IRC at 26 Bureau (TTB) agencies take against entities that are U.S.C. 4181 imposes Federal excise tax 1. Title: Tax Information also regulated by TTB. on firearms and ammunition sold by Authorization. Form: TTB F 5000.21. manufacturers and importers. However, OMB Control Number: 1513–0001. Affected Public: State, local, and tribal under 26 U.S.C. 4221, no excise tax is Type of Review: Extension without governments. imposed on certain sales of firearms and change of a currently approved Estimated Number of Respondents: ammunition, provided that the seller collection. 100. and purchaser of the articles (with Description: In general, Federal law at Frequency of Response: On occasion. certain exceptions) are registered, in the 5 U.S.C. 552 prohibits the disclosure of Estimated Total Number of Annual form and manner the Secretary confidential business information Responses: 100. prescribes by regulation, as required by obtained by the Government, and 26 Estimated Time per Response: 1 hour. 26 U.S.C. 4222. Under that IRC U.S.C. 6103 prohibits disclosure of tax Estimated Total Annual Burden authority, the TTB regulations at 27 CFR returns and taxpayer-related Hours: 100 hours. 53.140 provide for registration using information unless disclosure is 3. Title: Usual and Customary form TTB F 5300.28. In addition, specifically authorized by that section. Business Records Relating to Denatured registrants may subsequently file However, a taxpayer or other regulated Spirits, TTB REC 5150/1. notifications on their letterhead to make

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certain amendments to the information Dated: August 18, 2020. efforts to improve or maintain the previously provided on that form. Spencer W. Clark, quality of service offered to the public. Form: TTB F 5300.28. Treasury PRA Clearance Officer. If this information is not collected, vital Affected Public: Business or other for- [FR Doc. 2020–18433 Filed 8–21–20; 8:45 am] feedback from customers and profits; State, local, and tribal BILLING CODE 4810–31–P stakeholders on the Agency’s services governments. will be unavailable. Estimated Number of Respondents: Form: None. 100. DEPARTMENT OF THE TREASURY Affected Public: Business or other for- Frequency of Response: Once. profit institutions, and non-profit Estimated Total Number of Annual Agency Information Collection institutions. Responses: 100. Activities; Submission for OMB Estimated Number of Respondents: Review; Comment Request; Generic 15,000. Estimated Time per Response: 3 Clearance for the Collection of Frequency of Response: On occasion. hours. Qualitative Feedback on Agency Estimated Total Number of Annual Estimated Total Annual Burden Service Delivery Responses: 15,000. Hours: 300 hours. Estimated Time per Response: 15 5. Title: Record of Carbon Dioxide AGENCY: Departmental Offices, minutes to 40 minutes. Measurement in Effervescent Products Department of the Treasury. Estimated Total Annual Burden Taxed as Hard Cider. ACTION: Notice. Hours: 10,000 hours. OMB Control Number: 1513–0139. Authority: 44 U.S.C. 3501 et seq. Type of Review: Extension without SUMMARY: The Department of the change of a currently approved Treasury will submit the following Dated: August 18, 2020. collection. information collection requests to the Spencer W. Clark, Description: The IRC, at 26 U.S.C. Office of Management and Budget Treasury PRA Clearance Officer. (OMB) for review and clearance in 5041, defines and imposes six Federal [FR Doc. 2020–18434 Filed 8–21–20; 8:45 am] accordance with the Paperwork excise tax rates on wine, which vary by BILLING CODE 4810–02–P the wine’s alcohol and carbon dioxide Reduction Act of 1995, on or after the content. Wines with no more than 0.392 date of publication of this notice. The grams of carbon dioxide per 100 public is invited to submit comments on DEPARTMENT OF THE TREASURY milliliters are taxed as still wine at these requests. $1.07, $1.57, or $3.15 per gallon, DATES: Comments should be received on United States Mint depending on their alcohol content, or before September 23, 2020 to be Notification of Citizens Coinage while wines with more than 0.392 assured of consideration. Advisory Committee September 22–23, grams of carbon dioxide per 100 ADDRESSES: Written comments and 2020, Public Meeting milliliters are taxed as effervescent wine recommendations for the proposed information collection should be sent at $3.30 per gallon if artificially ACTION: Notice of meeting carbonated or $3.40 per gallon if within 30 days of publication of this naturally carbonated. However, under notice to www.reginfo.gov/public/do/ Pursuant to United States Code, Title those IRC provisions, certain apple- and PRAMain. Find this particular 31, section 5135(b)(8)(C), the United pear-based wines are subject to the information collection by selecting States Mint announces the Citizens ‘‘hard cider’’ tax rate of $0.226 per ‘‘Currently under 30-day Review—Open Coinage Advisory Committee (CCAC) gallon if the product contains no more for Public Comments’’ or by using the teleconference public meeting than 0.64 grams of carbon dioxide per search function. scheduled for September 22, 2020 and 100 milliliters of wine. Given the FOR FURTHER INFORMATION CONTACT: September 23, 2020. difference in tax rates which, in part, Copies of the submissions may be Date: September 22, 2020 and depend on the level of effervescence, obtained from Molly Stasko by emailing September 23, 2020. the TTB regulations in 27 CFR 24.302 [email protected], calling (202) 622– Time: 11:00 a.m. to 12:30 p.m. require proprietors who produce or 8922, or viewing the entire information (September 22, 2020) and 9:00 a.m. to receive effervescent hard cider to record collection request at www.reginfo.gov. 4:30 p.m. (September 23, 2020). the amount of carbon dioxide in the SUPPLEMENTARY INFORMATION: Location: This meeting will occur via hard cider. This recordkeeping teleconference. Interested members of requirement is necessary to demonstrate Financial Crimes Enforcement Network the public may dial in to listen to the compliance with the statutory definition (FinCEN) meeting at (888) 330–1716, using Access of wine eligible for the hard cider tax Title: Generic Clearance for the Code 1137147. rate. Collection of Qualitative Feedback on Subject: Review and discussion of Form: None. Agency Service Delivery. obverse and reverse candidate designs Affected Public: Business or other for- OMB Control Number: 1506–0062. for the U.S. Army Silver Medal, the profits. Type of Review: Extension without National Law Enforcement Memorial Estimated Number of Respondents: change of a currently approved Commemorative Coins, three of the five 600. collection. Hidden Figures Congressional Gold Description: FinCEN is issuing this Medals, and the David J. Ryder United Frequency of Response: On occasion. notice to renew, without change, the States Mint Director Medal. Estimated Total Number of Annual Agency’s capability to solicit feedback Interested persons should call the Responses: 15,000. from the public with respect to CCAC HOTLINE at (202) 354–7502 for Estimated Time per Response: 4 timeliness, appropriateness, accuracy of the latest update on meeting time and hours. information, courtesy, efficiency of location. Estimated Total Annual Burden service delivery, and resolution of The CCAC advises the Secretary of the Hours: 60,000 hours. issues with service delivery. Responses Treasury (Secretary) on any theme or Authority: 44 U.S.C. 3501 et seq. will be assessed to plan and inform design proposals relating to circulating

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coinage, bullion coinage, Congressional If no public comment is received during (89VA10NB). The IRS records are from Gold Medals, and national and other the period allowed for comment or the Information Return Master File medals; advises the Secretary with unless otherwise published in the (IRMF) Process File, Treas/IRS 22.061, regard to the events, persons, or places Federal Register by VA, the computer through the Disclosure of Information to to be commemorated by the issuance of matching agreement will become Federal, State and Local Agencies commemorative coins in each of the five effective December 31, 2020 and expires (DIFSLA) program. A copy of this notice calendar years succeeding the year in 18 months after its effective date. This has been sent to both Houses of which a commemorative coin match will not continue past the Congress and OMB. designation is made; and makes legislative authorized date to obtain this Participating Agencies: Department of recommendations with respect to the information. Veterans Affairs/Veteran Health mintage level for any commemorative ADDRESSES: Written comments may be Administration and Internal Revenue coin recommended. submitted through Service. For members of the public interested www.Regulations.gov; by mail or hand- Authority for Conducting the in listening in to the provided call delivery to the Director, Regulations Matching Program: This agreement is number, this is a reminder that the Management (00REG), Department of executed under the Privacy Act of 1974, public attendance is for listening Veterans Affairs, 810 Vermont Ave. NW, 5 United States Code (U.S.C.) § 552a, as purposes only. Any member of the Room 1068, Washington, DC 20420; or amended by the Computer Matching public interested in submitting matters by fax to (202) 273–9026 (not a toll-free and Privacy Protection Act of 1988, and for the CCAC’s consideration is invited number). Comments should indicate the regulations and guidance to submit them by email to info@ that they are submitted in response to promulgated thereunder. ccac.gov. Matching Program IRS/VA. Copies of Legal authority for the disclosures comments received will be available for under this agreement is 38 U.S.C. 5106 FOR FURTHER INFORMATION CONTACT: public inspection in the Office of and 5317, and 26 U.S.C. Jennifer Warren, United States Mint 6103(l)(7)(D)(viii). Under 38 U.S.C. Liaison to the CCAC; 801 9th Street NW; Regulation Policy and Management, Room 1063B, between the hours of 8:00 1710, VA/VHA has a statutory Washington, DC 20220; or call 202–354– obligation to collect income information 7208. a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call from certain applicants for medical care (Authority: 31 U.S.C. 5135(b)(8)(C)) (202) 461–4902 for an appointment. and to use that income data to (This is not a toll-free number.) In determine the appropriate eligibility Eric Anderson, category for the applicant’s medical Executive Secretary, United States Mint. addition, during the comment period, comments may be viewed online care. 26 U.S.C. 6103(l)(7) authorizes the [FR Doc. 2020–18447 Filed 8–21–20; 8:45 am] through the Federal Docket Management disclosure of tax return information BILLING CODE P System (FDMS) at www.Regulations.gov. with respect to net earnings from self- employment and wages, as defined by FOR FURTHER INFORMATION CONTACT: relevant sections of the Internal Dionne Dent-Lockett, Director, Health DEPARTMENT OF VETERANS Revenue Code (IRC), to Federal, state, Eligibility Center, VHA Member AFFAIRS and local agencies administering certain Services (404) 828–5302 (this is not a benefit programs under Title 38 of the Privacy Act of 1974: Computer toll-free number). U.S.C. Matching Program SUPPLEMENTARY INFORMATION: The Purpose(s): To identify and verify Department of Veterans Affairs has those veterans whose basic eligibility for AGENCY: Department of Veterans Affairs statutory authorization under 38 U.S.C. medical care benefits is dependent upon (VA). 5317, 38 U.S.C. 5106, 26 U.S.C. their financial status and ensure they ACTION: Notice of a Modified Computer 6103(l)(7)(D)(viii) and 5 U.S.C. 552a to are in the correct Priority Group and Matching Program. establish matching agreements and copayment status. request and use income information Categories of Individuals: Nonservice- SUMMARY: Pursuant to the Privacy Act of from other agencies for purposes of connected and zero percent 1974, as amended, and the Office of verification of income for determining noncompensable service-connected Management and Budget (OMB) eligibility for benefits. 38 U.S.C. veterans who are in Priority Group 5 Guidelines on the Conduct of Matching 1710(a)(2)(G), 1710(a)(3), and 1710(b) based on their inability to defray the Programs, notice is hereby given that the identify those veterans whose basic expenses for necessary care as defined Department of Veterans Affairs (VA) eligibility for medical care benefits is in 38 U.S.C. 1722. intends to conduct a computer matching dependent upon their financial status. Categories of Records: The VA records program with the Internal Revenue Eligibility for nonservice-connected and involved in the match are ‘‘Income Service (IRS). Data from the proposed zero percent noncompensable service- Verification Records—VA’’ match will be used to verify the connected veterans is determined based (89VA10NB). The IRS will provide tax unearned income of nonservice- on the veteran’s inability to defray the return information with respect to connected veterans, and those veterans expenses for necessary care as defined unearned income from the Information who are zero percent service-connected in 38 U.S.C. 1722. This determination Return Master File (IRMF) Process File, (noncompensable), whose eligibility for can affect their responsibility to Treas/IRS 22.061. The IRS will disclose VA medical care is based on their participate in the cost of their care when there is a match of individual inability to defray the cost of medical through copayments and their identifier, to VHA the: Payee Account care. These veterans supply household assignment to an enrollment priority Number, Payee Name and Mailing income information that includes their group. The goal of this match is to Address, Payee Taxpayer Identification spouses and dependents at the time of obtain IRS unearned income Number (TIN), Payer Name and application for VA health care benefits. information data needed for the income Address, Payer TIN, and Income Type DATES: Comments on this matching verification process. The VA records and Amount. program must be received no later than involved in the match are ‘‘Income System(s) of Records: VHA’s System 30 days after publication of this notice. Verification Records—VA’’ of Records entitled ‘‘Income Verification

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Records-VA’’ (89VA10NB) as published published in the Federal Register by verifying other information with respect at 73 FR 26192 (May 8, 2008), and VA, the matching agreement will thereto. Section 1505 provides that no updated at 78 become effective 30 days after date of VA pension benefits shall be paid to or FR 76897 (December 19, 2013) publication in the Federal Register. for any person eligible for such benefits, (Routine use nineteen (19)). IRS will This matching program will begin on during the period of that person’s extract return information with respect September 19, 2020 and end March 18, incarceration as the result of conviction to unearned income from the 2022. of a felony or misdemeanor, beginning Information Return Master File (IRMF) ADDRESSES: Written comments on the sixty-first day of incarceration. Processing File, Treasury/IRS 22.061, as concerning this matching program may Section 5313 provides that VA published at 80 FR 54081 (September 8, be submitted by: Mail or hand-delivery compensation or dependency and 2015), through the Disclosure of to Director, Regulations Management indemnity compensation above a Information to Federal, State and Local (00REG), Department of Veterans specified amount shall not be paid to Agencies (DIFSLA) program. Affairs, 810 Vermont Avenue, NW, any person eligible for such benefit, Signing Authority Room 1068, Washington, DC 20420; fax during the period of that person’s to (202) 273–9026; or email to http:// incarceration as the result of conviction The Senior Agency Official for www.Regulations.gov. All comments of a felony, beginning on the sixty-first Privacy, or designee, approved this received will be available for public day of incarceration. document and authorized the inspection in the Office of Regulation Purpose(s) undersigned to sign and submit the Policy and Management, Room 1063B, document to the Office of the Federal between the hours of 8:00 a.m. and 4:30 The purpose of this matching program Register for publication electronically as p.m., Monday through Friday (except between VA and BOP is to identify an official document of the Department holidays). Please call (202) 461–4902 those veterans and VA beneficiaries of Veterans Affairs. James P. Gfrerer, (this is not a toll-free number) for an who are in receipt of certain VA benefit Assistant Secretary for Information and appointment. payments and who are confined (see Technology and Chief Information Article II.G.) for a period exceeding 60 Officer, approved this document on July FOR FURTHER INFORMATION CONTACT: Eric days due to a conviction for a felony or 9, 2020 for publication. Robinson (VBA), 202–443–6016. a misdemeanor. VA has the obligation to SUPPLEMENTARY INFORMATION: This Dated: August 19, 2020. reduce or suspend compensation, matching program between VA and BOP pension, and dependency and Amy L. Rose, identifies VA beneficiaries who are in Program Analyst, VA Privacy Service, Office indemnity compensation benefit receipt of certain VA benefit payments payments to veterans and VA of Information Security, Office of Information and who are confined for a period and Technology, Department of Veterans beneficiaries on the 61st day following Affairs. exceeding 60 days due to a conviction conviction and incarceration in a for a felony or a misdemeanor. VA uses [FR Doc. 2020–18521 Filed 8–21–20; 8:45 am] Federal, State, or Local institution for a the BOP records provided in the match BILLING CODE P felony or a misdemeanor. VA will use to update the master records of VA the BOP records provided in the match beneficiaries receiving benefits and to to update the master records of veterans DEPARTMENT OF VETERANS adjust their VA benefits, accordingly, if and VA beneficiaries receiving benefits AFFAIRS needed. This agreement sets forth the and to adjust their VA benefits, responsibilities of VA and BOP with accordingly, if needed. Privacy Act of 1974; Matching Program respect to information disclosed pursuant to this agreement and takes Categories of Individuals AGENCY: Department of Veterans Affairs into account both agencies’ Veterans who have applied for (VA). responsibilities under the Privacy Act of compensation for service-connected ACTION: Notice of new matching 1974, 5 U.S.C. 552a, as amended by the disability under 38 U.S.C. Chapter 11. program. Computer Matching and Privacy Veterans who have applied for Protection Act of 1988, as amended, and nonservice-connected disability under SUMMARY: The Department of Veterans the regulations promulgated thereunder, 38 U.S.C. Chapter 15. Affairs (VA) has an 18 month computer including computer matching portions Veterans entitled to burial benefits matching agreement (CMA) agreement of a revision of OMB Circular No. A– under 38 U.S.C. Chapter 23. with the Federal Bureau of Prisons 130, 81 FR 49689 dated July 28,2016. Surviving spouses and children who (BOP) regarding Veterans and caregivers have claimed pensions based on who are in federal prison and are also Participating Agencies nonservice-connected death of a veteran in receipt of compensation and pension The United States Department of under 38 U.S.C. Chapter 15. benefits. The purpose of this CMA is to Veterans Affairs (VA), as the matching Surviving spouses and children who re-establish the agreement between VA recipient agency and the United States have claimed death compensation based and the United States Department of Department of Justice (DOJ), Federal on service-connected death of a veteran Justice (DOJ), BOP. BOP will disclose Bureau of Prisons (BOP) as the matching under 38 U.S.C. Chapter 11. information about individuals who are source agency. Surviving spouses and children who in federal prison. VBA will use this have claimed dependency and information as a match for recipients of Authority for Conducting the Matching indemnity compensation for service Compensation and Pension benefits for Program connected death of a veteran under 38 adjustments of awards. The legal authority to conduct this U.S.C. Chapter 13. DATES: Comments on this matching match is 38 U.S.C. 1505, 5106, and Parents who have applied for death program must be received no later than 5313. Section 5106 requires any Federal compensation based on service 30 days after date of publication in the department or agency to provide VA connected death of a veteran under 38 Federal Register. If no public comment such information as VA requests for the U.S.C. Chapter 11. is received during the period allowed purposes of determining eligibility for, Parents who have applied for for comment or unless otherwise or the amount of VA benefits, or dependency and indemnity

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compensation for service-connected Fee personnel who may be paid by 3410) and April 26, 2012 (77 FR 24982) death of a veteran under 38 U.S.C. the VA which includes caregivers. and last modified on February 19, 2013 Chapter 13. (78 FR 1 1575), routine use (i). Individuals who applied for Categories of Records educational assistance benefits The record, or information contained Signing Authority administered by VA under title 38 of the in the record, may include identifying The Senior Agency Official for U.S. Code. information such as, last name, first Privacy, or designee, approved this Individuals who applied for name, middle name, suffix name, date document and authorized the educational assistance benefits of birth, date of computation begins, undersigned to sign and submit the maintained by the Department of length of sentence, place of current document to the Office of the Federal Defense under title 10 of the U.S. Code confinement or destination of Register for publication electronically as that are administered by VA. confinement if in-transit, Federal an official document of the Department Veterans who apply for training and Register number, type of offense, and of Veterans Affairs. Joseph S. Stenaka, employers who apply for approval of date of scheduled release. Department of Veterans Affairs Chief their programs under the provisions of System(s) of Records Privacy Officer, approved this document the Emergency Veterans’ Job Training on July 21, 2020 for publication. Act of 1983, Public Law 98–77. Compensation, Pension, Education, Veterans who apply for training and and Vocational Rehabilitation and Dated: August 19, 2020. employers who apply for approval of Employment Records—VA (58 VA 21/ Amy L. Rose, their programs under the provisions of 22/28)’’, published at 74 FR 29275 (June Program Analyst, VA Privacy Service, Office the Service Members Occupational 19, 2009), last amended at 84 FR 4138 of Information Security, Office of Information Conversion and Training Act of 1992, on February 14, 2019. Justice/BOP– and Technology, Department of Veterans Public Law 102- 484. 005,’’ published on June 7, 1984 (48 FR Affairs. Representatives of individuals 2371 1), republished on May 9, 2002 (67 [FR Doc. 2020–18523 Filed 8–21–20; 8:45 am] covered by the system. FR 31371), January 25, 2007 (72 FR BILLING CODE P

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Part II

Environmental Protection Agency

40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters; Amendments; Proposed Rule

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ENVIRONMENTAL PROTECTION Public hearing. If anyone contacts us Park, North Carolina 27711; telephone AGENCY requesting a public hearing on or before number: (919) 541–5426; and email August 31, 2020, we will hold a virtual address: [email protected]. 40 CFR Part 63 public hearing. See SUPPLEMENTARY SUPPLEMENTARY INFORMATION: [EPA–HQ–OAR–2002–0058; FRL–10010–81– INFORMATION for information on Participation in virtual public OAR] requesting and registering for a public hearing. Please note that the EPA is hearing. deviating from its typical approach RIN 2060–AU20 ADDRESSES: You may send comments, because the President has declared a National Emission Standards for identified by Docket ID No. EPA–HQ– national emergency. Due to the current Hazardous Air Pollutants for Major OAR–2002–0058, by any of the Centers for Disease Control and Sources: Industrial, Commercial, and following methods: Prevention (CDC) recommendations, as Institutional Boilers and Process • Federal eRulemaking Portal: well as state and local orders for social Heaters; Amendments https://www.regulations.gov/ (our distancing to limit the spread of preferred method). Follow the online COVID–19, the EPA cannot hold in- AGENCY: Environmental Protection instructions for submitting comments. person public meetings at this time. Agency (EPA). • Email: [email protected]. If a public hearing is requested, the ACTION: Proposed rule. Include Docket ID No. EPA–HQ–OAR– EPA will begin pre-registering speakers 2002–0058 in the subject line of the for the hearing upon publication of this SUMMARY: On January 31, 2013, the U.S. message. document in the Federal Register. To Environmental Protection Agency (EPA) Instructions: All submissions received register to speak at the virtual hearing, finalized amendments to the national must include the Docket ID No. for this please use the online registration form emission standards (NESHAP) for the rulemaking. Comments received may be available at https://www.epa.gov/ control of hazardous air pollutants posted without change to https:// stationary-sources-air-pollution/ (HAP) at major sources from new and www.regulations.gov/, including any industrial-commercial-and-institutional- existing industrial, commercial, and personal information provided. For boilers-and-process-heaters or contact institutional (ICI) boilers and process detailed instructions on sending Ms. Adrian Gates at (919) 541–4860 or heaters. Subsequently, the United States comments and additional information by email at [email protected] to Court of Appeals for the District of on the rulemaking process, see the register to speak at the virtual public Columbia Circuit (D.C. Circuit), in a SUPPLEMENTARY INFORMATION section of hearing. The last day to pre-register to decision issued in July 2016, remanded this document. Out of an abundance of speak at the hearing will be September several of the emission standards to the caution for members of the public and 8, 2020. On September 8, 2020, the EPA EPA based on the court’s review of the our staff, the EPA Docket Center and will post a general agenda for the EPA’s approach to setting those Reading Room was closed to public hearing that will list pre-registered standards. In response to these remands, visitors on March 31, 2020, to reduce speakers in approximate order at this action proposes to amend several the risk of transmitting COVID–19. Our https://www.epa.gov/stationary-sources- numeric emission limits for new and Docket Center staff will continue to air-pollution/industrial-commercial- existing boilers and process heaters provide remote customer service via and-institutional-boilers-and-process- consistent with the court’s opinion and email, phone, and webform. We heaters. set compliance dates for these new encourage the public to submit The EPA will make every effort to emission limits. The court also comments via https:// follow the schedule as closely as remanded for further explanation the www.regulations.gov/ or email, as there possible on the day of the hearing; Agency’s use of carbon monoxide (CO) is a temporary suspension of mail however, please plan for the hearing to as a surrogate for organic HAP and, in delivery to the EPA, and no hand run either ahead of schedule or behind a subsequent decision in March 2018, deliveries are currently accepted. For schedule. remanded for further explanation the further information on EPA Docket Each commenter will have 5 minutes Agency’s use of a CO threshold to Center services and the current status, to provide oral testimony. The EPA represent the application of the please visit us online at https:// encourages commenters to provide the maximum achievable control www.epa.gov/dockets. EPA with a copy of their oral testimony technology (MACT) for organic HAP. If requested, the virtual hearing will electronically (via email) by emailing it The proposed changes to the emissions be held on September 8, 2020. The to Jim Eddinger and Adrian Gates. The limits will protect air quality and hearing will convene at 9:00 a.m. EPA also recommends submitting the promote public health by reducing Eastern Standard Time (EST) and will text of your oral testimony as written emissions of the HAP listed in the Clean conclude at 3:00 p.m. EST. The EPA comments to the rulemaking docket. Air Act (CAA). This action also will announce further details on the The EPA may ask clarifying questions addresses the two issues remanded to virtual public hearing website at https:// during the oral presentations but will the EPA for further explanation. We are www.epa.gov/stationary-sources-air- not respond to the presentations at that also proposing several technical pollution/industrial-commercial-and- time. Written statements and supporting clarifications and corrections. institutional-boilers-and-process- information submitted during the DATES: heaters. Refer to the SUPPLEMENTARY comment period will be considered Comments. Comments must be INFORMATION section below for with the same weight as oral testimony received on or before October 23, 2020. additional information. and supporting information presented at Under the Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: For the public hearing. (PRA), comments on the information questions about this proposed action, Please note that any updates made to collection provisions are best assured of contact Mr. Jim Eddinger, Sector any aspect of the hearing will be posted consideration if the Office of Policies and Programs Division (D243– online at https://www.epa.gov/ Management and Budget (OMB) 01), Office of Air Quality Planning and stationary-sources-air-pollution/ receives a copy of your comments on or Standards, U.S. Environmental industrial-commercial-and-institutional- before September 23, 2020. Protection Agency, Research Triangle boilers-and-process-heaters. While the

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EPA expects the hearing to go forward comment anonymously, which means the outside of the digital storage media as set forth above, if requested, please the EPA will not know your identity or clearly that it does not contain CBI. monitor our website or contact Adrian contact information unless you provide Information not marked as CBI will be Gates at 919–541–4862 or gates.adrian@ it in the body of your comment. If you included in the public docket and the epa.gov to determine if there are any send an email comment directly to the EPA’s electronic public docket without updates. The EPA does not intend to EPA without going through https:// prior notice. Information marked as CBI publish a document in the Federal www.regulations.gov/, your email will not be disclosed except in Register announcing updates. address will be automatically captured accordance with procedures set forth in If you require the services of a and included as part of the comment 40 Code of Federal Regulations (CFR) translator or a special accommodation that is placed in the public docket and part 2. Send or deliver information such as audio description, please pre- made available on the internet. If you identified as CBI only to the following register for the hearing with Adrian submit an electronic comment, the EPA address: OAQPS Document Control Gates and describe your needs by recommends that you include your Officer (C404–02), OAQPS, U.S. August 31, 2020. The EPA may not be name and other contact information in Environmental Protection Agency, able to arrange accommodations without the body of your comment and with any Research Triangle Park, North Carolina advance notice. digital storage media you submit. If the 27711, Attention: Docket ID No. EPA– Docket. The EPA has established a EPA cannot read your comment due to HQ–OAR–2002–0058. Note that written docket for this rulemaking under Docket technical difficulties and cannot contact comments containing CBI and ID No. EPA–HQ–OAR–2002–0058. All you for clarification, the EPA may not submitted by mail may be delayed and documents in the docket are listed in be able to consider your comment. no hand deliveries will be accepted. Regulations.gov. Although listed, some Electronic files should not include Preamble acronyms and information is not publicly available, special characters or any form of abbreviations. We use multiple e.g., Confidential Business Information encryption and be free of any defects or acronyms and terms in this preamble. (CBI) or other information whose viruses. For additional information While this list may not be exhaustive, to disclosure is restricted by statute. about the EPA’s public docket, visit the ease the reading of this preamble and for Certain other material, such as EPA Docket Center homepage at https:// reference purposes, the EPA defines the copyrighted material, is not placed on www.epa.gov/dockets. following terms and acronyms here: the internet and will be publicly The EPA is temporarily suspending available only in hard copy. Publicly its Docket Center and Reading Room for CAA Clean Air Act available docket materials are available public visitors to reduce the risk of CEDRI Compliance and Emissions Data Reporting Interface electronically in Regulations.gov. transmitting COVID–19. Written Instructions. Direct your comments to CBI Confidential Business Information comments submitted by mail are CEMS continuous emission monitoring Docket ID No. EPA–HQ–OAR–2002– temporarily suspended and no hand system 0058. The EPA’s policy is that all deliveries will be accepted. Our Docket CFR Code of Federal Regulations comments received will be included in Center staff will continue to provide CO Carbon Monoxide the public docket without change and remote customer service via email, EPA Environmental Protection Agency may be made available online at https:// phone, and webform. We encourage the HAP hazardous air pollutant(s) www.regulations.gov/, including any public to submit comments via https:// HCl hydrogen chloride personal information provided, unless www.regulations.gov/. For further Hg mercury the comment includes information information and updates on EPA Docket ICI industrial, commercial, and institutional lb/MMBtu pounds per million British claimed to be CBI or other information Center services, please visit us online at whose disclosure is restricted by statute. thermal units https://www.epa.gov/dockets. MACT maximum achievable control Do not submit electronically any The EPA continues to carefully and technology information that you consider to be CBI continuously monitor information from MPCRF Multipollutant Control Research or other information whose disclosure is the CDC, local area health departments, Facility restricted by statue. This type of and our Federal partners so that we can NAICS North American Industry information should be submitted by respond rapidly as conditions change Classification System mail as discussed below. regarding COVID–19. NESHAP national emission standards for The EPA may publish any comment Submitting CBI. Do not submit hazardous air pollutants received to its public docket. information containing CBI to the EPA OAQPS Office of Air Quality Planning and Multimedia submissions (audio, video, through https://www.regulations.gov/ or Standards etc.) must be accompanied by a written email. Clearly mark the part or all of the OMB Office of Management and Budget PAH polycyclic aromatic hydrocarbons comment. The written comment is information that you claim to be CBI. PM particulate matter considered the official comment and For CBI information on any digital ppb parts per billion should include discussion of all points storage media that you mail to the EPA, ppm parts per million you wish to make. The EPA will mark the outside of the digital storage RDL representative detection level generally not consider comments or media as CBI and then identify tpy tons per year comment contents located outside of the electronically within the digital storage TSM total selected metals primary submission (i.e., on the Web, media the specific information that is UPL upper prediction limit cloud, or other file sharing system). For claimed as CBI. In addition to one VOC volatile organic compounds additional submission methods, the full complete version of the comments that Organization of this document. The EPA public comment policy, includes information claimed as CBI, information in this preamble is information about CBI or multimedia you must submit a copy of the organized as follows: comments that does not contain the submissions, and general guidance on I. General Information making effective comments, please visit information claimed as CBI directly to A. Executive Summary https://www.epa.gov/dockets/ the public docket through the B. Does this action apply to me? commenting-epa-dockets. procedures outlined in Instructions C. Where can I get a copy of this document The https://www.regulations.gov/ above. If you submit any digital storage and other related information? website allows you to submit your media that does not contain CBI, mark II. Background

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A. What is the statutory authority for this emission standards where it held that TABLE 1—SUMMARY OF SUBCAT- action? the EPA had improperly excluded EGORIES WITH PROPOSED REVI- III. Discussion of the Proposed Amendments certain units in establishing the SIONS TO EMISSION LIMITS—Contin- A. Revisions to MACT Floor Emission emission standards and remanded the Limits ued B. Beyond-the-Floor Emission Limits use of CO as a surrogate for organic HAP C. Revisions to Output-Based Emission for further explanation. In March 2018, Pollutant the court in a separate case remanded Limits Subcategory where a limit D. Proposed Response to the Amended the EPA’s decision to set a limit of 130 is proposed to Issue: CO as a Surrogate for Organic HAP parts per million (ppm) CO as a change E. Proposed Response to the Amended minimum standard for certain Issue: CO 130 ppm Threshold Emission New-Biomass Suspension CO, TSM. subcategories for further explanation. Burner. Limits The courts did not set specific deadlines IV. Results and Proposed Decisions New-Biomass Hybrid Sus- CO. A. What are the resulting changes to for the EPA to issue revised regulations pension Grate. emission limits? as part of either remand. New-Biomass Dutch Oven/ PM. B. What compliance dates are we In response to these remands, the EPA Pile Burner. proposing? is proposing to amend several emission New-Biomass Dutch Oven/ PM. C. What other actions are we proposing? standards consistent with the court’s Pile Burner. V. Summary of Cost, Environmental, and opinion and proposing responses to the New-Biomass Dutch Oven/ CO, PM. Economic Impacts Pile Burner. two issues remanded for further New-Liquid ...... HCl. A. What are the affected sources? explanation. B. What are the air quality impacts? New-Heavy Liquid ...... PM, TSM. C. What are the cost impacts? b. Legal Authority New-Process Gas ...... PM. D. What are the secondary impacts? Existing-Solid ...... HCl, Hg. E. What are the economic impacts? The statutory authority for this Existing-Coal ...... PM. F. What are the benefits? proposed rulemaking is section 112 of Existing-Coal Stoker ...... CO. VI. Request for Comments the CAA. Title III of the CAA Existing-Dry Biomass Stoker TSM. VII. Statutory and Executive Order Reviews Amendments was enacted to reduce Existing-Wet Biomass Stoker CO, PM, TSM. A. Executive Order 12866: Regulatory nationwide air toxic emissions. Section Existing-Biomass Fluidized CO, PM, TSM. Planning and Review and Executive 112(d)(2) of the CAA directs the EPA to Bed. Existing-Biomass Suspen- PM, TSM. Order 13563: Improving Regulation and develop NESHAP which require Regulatory Review sion Burners. B. Executive Order 13771: Reducing existing and new major sources to Existing-Biomass Dutch PM. Regulations and Controlling Regulatory control emissions of HAP using MACT Oven/Pile Burner. Costs based standards. This NESHAP applies Existing-Liquid ...... Hg. C. Paperwork Reduction Act (PRA) to all ICI boilers and process heaters Existing-Heavy Liquid ...... PM. D. Regulatory Flexibility Act (RFA) located at major sources of HAP Existing-Non-continental Liq- PM. E. Unfunded Mandates Reform Act emissions.1 uid. (UMRA) Existing-Process Gas ...... PM. F. Executive Order 13132: Federalism 2. Summary of the Major Provisions of G. Executive Order 13175: Consultation the Regulatory Action in Question 3. Costs and Benefits and Coordination With Indian Tribal The EPA is proposing to revise 34 Governments We have estimated certain cost and H. Executive Order 13045: Protection of different emission limits which it had benefits of the proposed rule, and these Children From Environmental Health previously promulgated in 2011 and are found in Table 2. Present values Risks and Safety Risks amended in, 2013. Of these 34 emission (PV) of the net co-benefits, in 2016 I. Executive Order 13211: Actions limits, 28 of the limits would become dollars and discounted to 2020, are from Concerning Regulations That more stringent and six of the limits $655 million to $1,575 million when Significantly Affect Energy Supply, would become less stringent. EPA is using a 7-percent discount rate and from Distribution, or Use also proposing that facilities would have J. National Technology Transfer and $751 million to $1,871 million when up to 3 years after the effective date of using a 3-percent discount rate. The Advancement Act (NTTAA) the final rule to demonstrate compliance K. Executive Order 12898: Federal Actions equivalent annualized values (EAV) of To Address Environmental Justice in with these revised emission limits. A the net co-benefits are from $78 million Minority Populations and Low-Income list of each combination of subcategory to $194 million per year when using a Populations and pollutant where the limits have 7-percent discount rate and from $92 proposed revisions is shown in Table 1. I. General Information million to $232 million per year when using a 3-percent discount rate. All of A. Executive Summary TABLE 1—SUMMARY OF SUBCAT- these estimates are in 2016 dollars. The EGORIES WITH PROPOSED REVI- 1. Purpose of the Regulatory Action monetized benefits estimate reflects an SIONS TO EMISSION LIMITS annual average of 251 tons of fine a. Need for Regulatory Action particulate matter (PM2.5) emission The NESHAP for Industrial, Pollutant reductions per year and 393 tons of where a limit Commercial, and Institutional Boilers Subcategory is proposed to sulfur dioxide (SO2) emission and Process Heaters was promulgated change reductions per year. These benefits are on March 21, 2011, and amended on referred to as ancillary co-benefits since January 31, 2013, and November 20, New-Solid ...... HCl. these pollutants are not targeted for 2015. Environmental groups and New-Dry Biomass Stoker ..... TSM. control in the proposal. The industry submitted petitions seeking New-Biomass Fluidized Bed CO, PM, TSM. unmonetized benefits include: Reduced judicial review of the NESHAP. On exposure to HAP, including mercury 1 See 75 FR 32016 and section 63.7575 ‘‘What (Hg), hydrochloric acid (HCl), non-Hg December 23, 2016, the D.C. Circuit definitions apply to this subpart’’ of 40 CFR part 63, amended its July 29, 2016 decision to subpart DDDDD for definitions of ICI boilers and metals (e.g., antimony, cadmium), remand instead of vacate certain process heaters. formaldehyde, benzene, and polycyclic

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organic matter; reduced climate effects benefits from affected HAP emission million at a 3-percent discount rate and due to reduced black carbon emissions; reductions as a D, and this is part of the $0.01 million at a 7-percent discount reduced ecosystem effects; and reduced net benefits estimate. These estimates rate. visibility impairments. We represent the also include climate co-disbenefits More information on these impacts present value of unmonetized benefits resulting from an increase in carbon can be found in section V of this from affected HAP emission reductions dioxide (CO ) emissions, a secondary 2 preamble and in the Regulatory Impact as a C, and this is part of the net benefits impact from electricity use by Analysis (RIA) for this proposal. estimate. We represent the equivalent additional control devices in response annualized value of unmonetized to the proposal. This disbenefit is $0.09

TABLE 2—SUMMARY OF PRESENT VALUES AND EQUIVALENT ANNUALIZED VALUES FOR ANNUAL COSTS, MONETIZED AN- CILLARY CO-BENEFITS, AND MONETIZED NET BENEFITS (INCLUDING ANCILLARY CO-DISBENEFITS) FOR THE PROPOSED RULE [Millions of 2016 dollars] 12

3% Discount rate 7% Discount rate

Present Value ...... Targeted Benefits 3 ...... C C

Ancillary Co-Benefits ...... $730 to $1,650 $630 to $1,100 Cost 4 ...... $130 $100 Net Benefits 5 ...... $600 to $1,520 + C $530 to $1,000 + C

Equivalent Annualized Value ...... Targeted Benefits 6 ...... D D Ancillary Co-Benefits ...... $100 to 240 $90 to 180

Costs ...... 18 17 Net Benefits ...... $80 to 220 + D $70 to 160 + D 1 All estimates in this table are rounded to one decimal point, so numbers may not sum due to independent rounding. 2 All estimates reflect the amendments to the ICI Boilers MACT standard included in this proposal from a baseline that includes the control technologies applied to meet the MACT standard. 3 C represents the present value of unquantified benefits from reductions in targeted HAP emissions. 4 The annualized present value of costs and benefits are calculated over an 8-year period from 2021 to 2028. 5 The total monetized ancillary co-benefits reflect the human health benefits associated with reducing exposure to PM2.5 through reductions of directly emitted PM2.5 and SO2. Monetized ancillary co-benefits include many, but not all, health effects associated with PM2.5 exposure. Co-ben- efits are shown as a range from Krewski et al. (2009) to Lepeule et al. (2012). We do not report the total monetized ancillary co-benefits by PM2.5 species. The ancillary climate co-disbenefits from additional CO2 emissions resulting from control device operations are included in the re- sults given the rounding convention employed in this table as stated in footnote a. The net benefits calculation consists of the targeted benefits and ancillary co-benefits minus the social costs. 6 D represents the equivalent annualized value of unquantified benefits from reductions in targeted HAP emissions.

B. Does this action apply to me? 1992), the Industrial Boiler source defined as an enclosed device using category includes boilers used in controlled flame, and the unit’s primary Table 3 of this preamble lists the manufacturing, processing, mining, and purpose is to transfer heat indirectly to NESHAP and associated regulated refining or any other industry to provide a process material (liquid, gas, or solid) industrial source categories that are the steam, hot water, and/or electricity. The or to a heat transfer material (e.g., glycol subject of this proposal. Table 3 is not Institutional/Commercial Boilers source or a mixture of glycol and water) for use intended to be exhaustive, but rather category includes, but is not limited to, in a process unit, instead of generating provides a guide for readers regarding boilers used in commercial steam. Process heaters do not include the entities that this proposed action is establishments, medical centers, units used for comfort heat or space likely to affect. The proposed standards, research centers, institutions of higher heat, food preparation for on-site once promulgated, will be directly education, hotels, and laundries to consumption, or autoclaves. Waste heat applicable to the affected sources. As provide electricity, steam, and/or hot process heaters are excluded from this defined in the Initial List of Categories water. Waste heat boilers are excluded of Sources Under Section 112(c)(1) of from this definition. The Process definition. A boiler or process heater the Clean Air Act Amendments of 1990 Heaters source category includes, but is combusting solid waste is not a boiler (see 57 FR 31576, July 16, 1992) and not limited to, secondary metals process unless the device is exempt from the Documentation for Developing the heaters, petroleum and chemical definition of a solid waste incineration Initial Source Category List, Final industry process heaters, and other unit as provided in section 129(g)(1) of Report (see EPA–450/3–91–030, July process heaters. A process heater is the CAA.

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TABLE 3—SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION

Source category NESHAP NAICS code 1 Examples of potentially regulated entities

Any industry using a boiler or proc- Industrial, 211 Extractors of crude petroleum and natural gas. ess heater as defined in the final Commer- rule. cial, and In- stitutional Boilers and Process Heaters...... 321 Manufacturers of lumber and wood products...... 322 Pulp and paper mills...... 325 Chemical manufacturers...... 324 Petroleum refineries, and manufacturers of coal products...... 316, 326, 339 Manufacturers of rubber and miscellaneous plastic products...... 331 Steel works, blast furnaces...... 332 Electroplating, plating, polishing, anodizing, and coloring...... 336 Manufacturers of motor vehicle parts and accessories...... 221 Electric, gas, and sanitary services...... 622 Health services...... 611 Educational services. 1 North American Industry Classification System.

C. Where can I get a copy of this challenges brought by environmental promulgate technology-based NESHAP document and other related petitioners. However, the court vacated for major sources. ‘‘Major sources’’ are information? the MACT floor emission limits for defined in CAA Section 112(a) as In addition to being available in the those subcategories where the EPA had sources that emit or have the potential docket, an electronic copy of this action excluded certain units from its MACT- to emit 10 tons or more per year (tpy) is available on the internet. Following floor calculation because those units of a single HAP or 25 tpy or more of any signature by the EPA Administrator, the burned less than 90 percent of the combination of HAP. For major sources, EPA will post a copy of this proposed subcategory defining fuel. U. S. Sugar the technology-based NESHAP must action at https://www.epa.gov/ Corp. v. EPA, 830 F.3d at 631. On require the maximum degree of industrial-commercial-and-institutional- December 23, 2016, the D.C. Circuit reduction in emissions of HAP boilers-and-process-heaters. Following granted EPA’s motion for rehearing on achievable (after considering cost, publication in the Federal Register, the remedy and remanded without vacatur energy requirements, and non-air EPA will post the Federal Register these affected MACT standards. 844 quality health and environmental version of the proposal and key F.3d 268. Therefore, these MACT impacts). These standards are technical documents at this same standards have remained in effect since commonly referred to as MACT website. the court’s decision. standards. A redline version of the regulatory Additionally, the court in U.S. Sugar The MACT ‘‘floor’’ is the minimum language that incorporates the proposed remanded the use of CO as a surrogate control level allowed for MACT changes in this action is available in the for non-dioxin organic HAP to the EPA standards promulgated under CAA docket for this action (Docket ID No. for the limited purpose of addressing section 112(d)(3) and may not be based EPA–HQ–OAR–2002–0058). the potential availability of post- on cost considerations. For new sources, combustion control technologies that the MACT floor cannot be less stringent II. Background could control CO. In a subsequent than the emissions control that is On March 21, 2011, the EPA decision on March 16, 2018, the D.C. achieved in practice by the best established final emission standards for Circuit remanded the EPA’s decision to controlled similar source. The MACT ICI boilers and process heaters at major set a limit of 130 ppm CO as a surrogate floor for existing sources may be less sources, reflecting the application of for non-dioxin organic HAP for certain stringent than floors for new sources but MACT—the Boiler MACT (76 FR subcategories, again asking the Agency may not be less stringent than the 15608). On January 31, 2013, the EPA to better explain its analysis supporting average emissions limitation achieved promulgated final amendments to the its decision. Sierra Club v. EPA, 884 by the best-performing 12 percent of Boiler MACT (78 FR 7138). On F.3d 1185. existing sources in the category or November 20, 2015, the EPA In this action, the EPA is proposing subcategory (or the best-performing five promulgated additional amendments to changes to certain emissions limits in sources for categories or subcategories the Boiler MACT (80 FR 72789) in the final rule and is providing with fewer than 30 sources). In response to certain reconsideration additional explanation of certain issues developing MACT standards, the EPA issues, but other issues remained relating to the CO standards in response must also consider control options that unresolved due to pending litigation at to these remands. The EPA is also are more stringent than the floor (i.e., the time these final amendments were proposing several technical corrections. ‘‘beyond-the-floor’’ options) under CAA published. section 112(d)(2). We may establish On July 29, 2016, the D.C. Circuit A. What is the statutory authority for beyond-the-floor standards more issued its decision in U.S. Sugar Corp this action? stringent than the floor based on v. EPA, 830 F.3d 579. In that decision, Section 112 of the CAA establishes a considerations of the cost of achieving the court upheld the EPA’s 2013 Boiler regulatory process to address emissions the emission reductions, any non-air MACT against all challenges brought by of HAP from stationary sources. CAA quality health and environmental industry petitioners, and virtually all section 112(d) requires the Agency to impacts, and energy requirements.

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III. Discussion of the Proposed identified best performers. While to the values used in the MACT floor Amendments checking background test reports, the analysis when these back-up documents EPA corrected some database errors, suggested a correction was needed. In A. Revisions to MACT Floor Emission filled information gaps for certain co- addition to data available from the Limits fired fuel blends, and adjusted CO docketed data resources, the EPA also 1. Revisions to MACT Floor Ranking instrument span measurements. received data correction files and a Methodology for Co-Fired Units However, since the proposed revisions small number of additional tests from Many of the affected sources subject are solely to address the remand in U.S. members of the American Forest and to numerical limits under the NESHAP Sugar, we re-ran the MACT floor Paper Association. The EPA reviewed involve boilers and process heaters that analysis to incorporate data that had the additional data provided, including co-fire multiple fuel types. In the been previously excluded. The rankings any supporting emission test reports to of each subcategory were revised to evaluate if the data were accurate and January 2013 final rule amendments, the incorporate data from tests that fired at complete and representative prior to EPA defined each subcategory using a least 10 percent of a subcategory- including the data in the revised threshold of at least 10 percent of a defining fuel. This change in criteria ranking analysis. A summary of data subcategory-defining fuel, on an annual impacted the number of units with changes made since version 8 of the heat input basis. These definitions were emission test data for certain database is available in the docketed set up in a hierarchical manner. Solid subcategories. In many cases test data memorandum, Summary of 2019 fuel units must burn at least 10-percent for co-fired units in the 2013 Emissions Emission Database Changes for Major solid fuel. Coal and solid fossil fuel Database did not quantify the exact fuel Source Boilers and Process Heaters. In units must burn at least 10-percent coal input breakdown.3 The EPA reviewed addition, a summary of the expected or another solid fossil fuel. Biomass test reports that were included as impacts of these data changes is units must burn at least 10-percent background data materials for the 2013 available in the Regulatory Impact biomass, but less than 10-percent coal. Emissions Database and conducted Analysis for the Proposed ICI Boilers Liquid fuel units may burn any liquid outreach with selected facilities in order NESHAP Reconsideration, which is fuel but less than 10-percent coal or to verify to which subcategory the available in the docket for this action. fossil solid, and less than 10-percent various test data belonged. Appendix B The changes include an increase in biomass. The MACT floor analysis of the docketed memorandum, Revised compliance costs as well as an increase conducted in the 2013 rulemaking used MACT Floor Analysis (2019) for the in emission reductions as a result of the a 90-percent fuel threshold, instead of Industrial, Commercial, and more stringent emission limits. the regulatory definition of 10 percent, Institutional Boilers and Process Heaters a. Existing Sources to group test data into subcategories for National Emission Standards for ranking the best performers and Hazardous Air Pollutants—Major Because the rankings shifted calculating the MACT floors. This Source (2019 MACT Floor Memo), dramatically, the number of units in approach excluded several units that details the revised ranking of each each of the subcategories changed, as were in the subcategory from the subcategory and compares the ranking well as the specific units that comprised ranking analysis, which in turn to the previous ranking assignment from the top 12 percent within the excluded these boilers from the January 2013 final rule. As was done subcategory. Appendix B–1 of the 2019 consideration in upper prediction limit in the January 2013 final rule, devices MACT Floor Memo summarizes the (UPL) calculations to establish the that were co-firing solid waste materials revised number of units in the top 12 MACT floor. were excluded from the ranking unless percent for each combination of The D.C. Circuit in U.S. Sugar stated the device was exempted from the subcategory and pollutant. The that, if EPA includes a source in a definition of a solid waste incineration remainder of the worksheets in subcategory, it must consider whether unit as provided in section 129(g)(1) of Appendix B indicate which units are any source in that subcategory is a best- the CAA. identified to be among the top 12 performing source which would then As part of the revisions to the ranking percent. need to be accounted for in setting the analysis, the EPA also made corrections Once the top 12 percent of units were MACT floor. U.S. Sugar v. EPA, 830 to some of the emissions data, as part of identified, each unique combination of F.3d at 631. Following the EPA’s request its data quality review of the revised set pollutant and subcategory data was for rehearing, the court remanded of best performing units in each reviewed to determine the distribution standards affected by its decision to the subcategory. The EPA investigated of the dataset and then calculate the EPA for further consideration, and the historical notes in the 2013 Emissions UPL. The procedures for determining EPA is now proposing to revise the Database about whether certain test the data distribution and calculating the affected standards consistent with the results were valid or were previously UPL remain the same as they did for the court’s opinion. excluded due to data quality concerns. January 2013 final rule, with the For this proposal, the same dataset When historical notes had excluded exception of ‘‘limited datasets’’ which used as the basis for the 2013 final rule data, those exclusions were carried are those that consisted of less than was used as the basis of the calculations forward into the revised analysis seven test runs. The procedures for for the proposed revised standards.2 The supporting the proposal. Because some determining the distribution and EPA performed a more detailed review new best performing units were calculating the UPL are detailed in of the units in the dataset that had identified in the ranking analysis, the EPA’s Response to Remand of the previously been excluded from the EPA also reviewed test reports that were Record for Major Source Boilers, July 14, rankings, with emphasis on the newly available in the rulemaking docket to 2014 available in the docket for this verify reported emission results in the action. Additional considerations for 2 Emissions Database for Boilers and Process database as well as oxygen adjustment limited datasets are discussed in section Heaters Containing Stack Test, CEM, and Fuel factors, and CO instrument span and CO III.A.2 of this preamble. The actual Analysis Data Reporting under ICR No. 2286.01 and ICR No.2286.03 (OMB Control Number 2060–0616) calibration data. EPA made corrections calculations and distribution (version 8). Docket ID No. EPA–HQ–OAR–2002– assignments for each pollutant and 0058–3830. 3 Ibid. subcategory combination are shown in

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Appendix C of the 2019 MACT Floor pollutant and subcategory data was calculation accordingly changed as well. Memo. The EPA is not soliciting reviewed to determine the distribution The revised calculations for 3 times the comment on its use of the same of the dataset and then calculate the RDL are presented in the documented methodology that it used to set the UPL. The procedures for determining memorandum. After computing the January 2013 standards, but is soliciting the data distribution and calculating the RDL, the UPL calculations were comment on the proposed revisions to UPL remain the same as for the January compared to a value equal to 3 times the the standards the Agency is proposing 2013 final rule, with the exception of RDL. In the case of new sources, if the to address concerning the court’s limited datasets that consisted of less UPL was below the 3 times RDL value remand in U.S. Sugar. than seven test runs or in cases where then the MACT floor was set equal to 3 Once the UPL values were calculated, the calculated new source UPL times the RDL. the EPA reviewed whether any exceeded the existing source UPL for Lastly, the EPA compared the additional fuel variability factors were the same subcategory. The procedures calculated UPL, or 3 times RDL values available to multiply by the calculated for determining the distribution and where appropriate, to the existing UPL for Hg, HCl, and total selected calculating the UPL are detailed in the source emission limits for the same metals 4 (TSM). The methodology for docketed memorandum, Revised MACT pollutant and subcategory. If the new computing the fuel variability factor did Floor Analysis (2019) for the Industrial, source floor was larger than the existing not change since the January 2013 final Commercial, and Institutional Boilers source floor, the EPA reviewed the data rule. Instead, any changes in the fuel and Process Heaters National Emission further as discussed in the UPL variability factors occurred because of Standards for Hazardous Air methodology for limited datasets in changes to the units that constituted the Pollutants—Major Source. Many of the section III.A.2 of this preamble to top 12 percent for each subcategory and new source UPL calculations involved evaluate if the unit truly reflected the were, therefore, eligible for limited datasets and additional best controlled similar source as consideration in the fuel variability considerations for limited datasets are determined by the Administrator and to factor analysis. The fuel variability discussed in section III.A.2 of this evaluate if the UPL calculations factor calculations are shown in preamble. The actual calculations and required any adjustments to ensure that Appendix A of the 2019 MACT Floor distribution assignments for each the UPL did not result in a less stringent Memo. Fuel variability factors were pollutant and subcategory combination standard for new sources. In addition to available for solid and liquid fuel are shown in Appendix E of the 2019 the tests conducted on limited datasets, subcategories for Hg and HCl and for MACT Floor Memo. This appendix two subcategories for new source limits biomass fluidized bed, coal, and heavy worksheet for each UPL calculation also required additional evaluation, as liquid subcategories for TSM. shows the ranking of each unit. discussed below. Specific names of the Once the UPL values were calculated, facility and boiler names refer to how b. New Sources the EPA reviewed whether any the boilers are identified in the MACT Similar to existing sources, the re- additional fuel variability factors were floor analysis to allow the reader to find ranking of the data for each new source available to multiply by the calculated these units in the related technical subcategory impacted the specific units UPL for Hg, HCl, and TSM. The support memoranda. that were identified as the lowest methodology for computing the fuel The MACT floor dataset for emitting for each combination of variability factor did not change since particulate matter (PM) from new pollutant and subcategory. the January 2013 final rule. Instead, any fluidized bed boilers designed to burn Additionally, as in the January 2013 changes in the fuel variability factors biomass includes 18 test runs from a final rule, the EPA did not allow units occurred because of changes to the unit single boiler ‘‘ORGeorgiaPacificWauna with a nitrogen oxides-to-CO ratio above selected to represent the best controlled Mill, EU35—Fluidized Bed Boiler’’ 50 to represent a best performing boiler similar source and were, therefore, (EU35) that we identified as the best for CO. Instead, the EPA picked the next eligible for consideration in the fuel performing unit based on average lowest ranked unit for the Coal Stokers. variability factor analysis for new emissions. The calculated UPL for new Additionally, as in the January 2013 sources. The fuel variability factor sources exceeded the UPL calculated for final rule, the EPA only considered calculations are shown in Appendix A existing units in the same subcategory. units with at least three test runs to of the 2019 MACT Floor Memo. Fuel After determining the correct serve as the basis of the new source variability factors were available for distribution and ensuring that we used floor except for cases where no other liquid fuel and coal subcategories for Hg the correct equation for the distribution, data were available. This occurred only and HCl, and the heavy liquid we evaluated the variance of this unit. for the TSM UPL calculations for new subcategory for TSM. Our analysis showed that this unit, Biomass Suspension Burner. In that The EPA also incorporated the same identified as the best performing unit case, the second ranked unit was procedures as the January 2013 final based on average emissions, has a selected. The revisions to the emissions rule to ensure that the available variance that is 3 orders of magnitude standards proposed here are for the measurement methods would provide higher than the second ranked unit limited purpose of addressing the accurate emissions measurements at the ‘‘WIGPGreenBay2818, B10—Wastepaper court’s remand in U.S. Sugar, and the levels set for the various standards. The Sludge-Fired Boiler 10’’ (B10) and an EPA is not proposing or soliciting procedures are discussed in detail at 76 overall average (considering all stack comment on other aspects of the FR 80611 and the calculated values are tests, not just the minimum stack test standards or methodology used to presented in technical memoranda in average) that is approximately 4 times 5 higher than the second ranked unit. calculate the standards. the docket. The procedures remained Once the best controlled similar the same, but which unit represents the This information indicates that the source for each subcategory was new source floor did change since second ranked unit, B10, has a more identified, each unique combination of January 2013; so, the actual consistent level of performance than the representative detection level (RDL) top ranked unit, EU35, and the resulting 4 Total selected metals is the sum of the non-Hg UPL calculations support this. The HAP metals—arsenic, beryllium, cadmium, 5 See Docket ID Item Nos.: EPA–HQ–OAR–2002– calculated UPL is lower for the second chromium, lead, manganese, nickel, and selenium. 0058–3837 and EPA–HQ–OAR–2002–0058–3839. ranked unit, B10, than for the top

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ranked unit, EU35. For these reasons, MACT floor for new and existing dataset to determine if the standards we determined that the unit with the sources, and the methodology and the based on the limited dataset reasonably lowest average, EU35, is not the best explanation in the memorandum were represent the performance of the units performing source for this subcategory upheld by the D.C. Circuit in U.S. Sugar included in the dataset. The results of and pollutant and we are instead v. EPA. 830 F.3d at 639. Following the the limited dataset analyses are identifying B10 as the best performing UPL memorandum, the EPA issued a presented below for each subcategory source. subsequent memorandum specifically and pollutant. The MACT floor dataset for PM from addressing the application of the UPL The MACT floor datasets for Hg, HCl, new stoker boilers designed to burn wet methodology when setting MACT and PM from existing and new boilers biomass includes nine test runs from a emission limits with limited datasets, designed to burn process gas include single boiler ‘‘IAMonsantoMuscatine, Approach for Applying the Upper three test runs from a single boiler. In Boiler #8 EP–195’’ that we identified as Prediction Limit to Limited Datasets. In addition, there are no other process gas the best performing unit based on that memorandum, the EPA concluded units in the rankings to select from for average emissions. The calculated UPL that there are additional considerations these pollutants. Using the available for new sources exceeded the UPL when setting MACT floors for limited data, we first determined the correct calculated for existing units in the same datasets. The EPA is not, in this action, distribution and ensured that we used subcategory. The UPL based on a proposing any revisions to or soliciting the correct equation for each lognormal equation was 10.2 times comment on either the EPA’s Response distribution. The MACT floor dataset for higher than the mean. After reviewing to Remand of the Record for Major TSM from existing and new boilers the distribution of the dataset, we found Source Boilers memorandum or the designed to burn process gas only that the distribution was incorrectly limited datasets memorandum. Rather, includes two test runs. We assumed a flagged as lognormally distributed the EPA is proposing limited revisions distribution of lognormal for this instead of normally distributed. The to certain Boiler MACT standards to dataset. We then calculated the UPL- UPL based on the normal distribution address the specific issue remanded to based limits which range from 1.2 to 3 no longer exceeds the UPL calculation the Agency by the court in U.S. Sugar times the average (mean) of all test runs for existing sources. The UPL based on v. EPA. The docketed memorandum, from the best performing source. This a normal equation was 2.36 times higher Approach for Applying the Upper result indicates that the emission limits than the mean. After correcting the Prediction Limit to Limited Datasets for are not unreasonable compared to the distribution, we also evaluated the Boilers and Process Heaters at Major actual performance of the unit upon variance of this unit, which was 4 times Sources, discusses the generic methods which the limits are based and are lower than the variance of the next in the previously issued limited dataset within the ranges that we see when we lowest ranked unit. For these reasons, memorandum, as well as a summary of evaluate larger datasets using our MACT we determined that the UPL based on the findings for certain boiler and floor calculation procedures. Therefore, the normal distribution was the process heater subcategories. A we determined that the emission limit appropriate basis for the new source summary of those findings is also reasonably accounts for variability and floor for this subcategory. discussed here. that no changes to the standard floor calculation procedure were warranted 2. UPL Methodology for Limited For the ICI Boilers and Process for this pollutant and subcategory. Datasets Heaters source categories, we have The MACT floor dataset for TSM from In August 2013, the D.C. Circuit limited datasets for the following existing and new suspension burner issued its decision in National Ass’n. of subcategories and pollutants for both boilers designed to burn biomass Clean Water Agencies (NACWA) v. EPA, existing and new sources: process gas includes three test runs from a single which addressed challenges to the (Hg, HCl, TSM, and PM), biomass boiler that we identified as the best EPA’s 2011 Sewage Sludge Incinerator suspension burner (TSM), dry biomass performing unit based on average (SSI) rule, issued under section 129 of stoker (TSM, PM, and CO), and coal emissions. In addition, there are no the CAA. In NACWA v. EPA, the court fluidized bed coal refuse (CO). For the other biomass suspension burner units remanded the EPA’s use of the UPL ICI Boilers and Process Heaters source in the rankings to select from for this methodology to the Agency for further categories, we have limited datasets for pollutant because the other unit with explanation of how the methodology the following subcategories and test data only has two test runs, and reflected the average emissions pollutants for new sources: Solid (Hg units with less than three test runs were limitation achieved by the best- and HCl), liquid (Hg and HCl), heavy not considered for UPL calculations if performing 12 percent of sources (for liquid (TSM and PM), light liquid (TSM other data are available (see discussion existing sources) and the average and PM), biomass dutch oven/pile in section III.A.1 of this preamble). emissions limitation achieved by the burner (TSM), biomass fuel cell (TSM), Using the available data, we first best-performing similar source (for new biomass fluidized bed (TSM), biomass determined the correct distribution and sources). NACWA v. EPA, 734 F.3d suspension burner (TSM), biomass ensured that we used the correct 1115, 1151. Because the UPL suspension grate (CO), wet biomass equation for each distribution. We then methodology used in the SSI rule was stoker (TSM), and coal (TSM and PM). calculated the UPL-based limit which is the same as that used in the major Therefore, we evaluated these specific 1.7 times the short-term average source Boiler MACT, the EPA requested datasets to determine whether it is emissions from the best performing a remand of the record in U.S. Sugar v. appropriate to make any modifications source. This result indicates that the EPA in order to address the court’s to the UPL approach used to calculate emission limit is not unreasonable decision in NACWA v. EPA. The EPA the MACT floors. For each dataset, we compared to the actual performance of prepared a memorandum explaining the performed the following steps: Selected the unit upon which the limit is based methodology for the UPL. This the data distribution that best represents and is within the range that we see memorandum, EPA’s Response to the dataset; ensured that the correct when we evaluate larger datasets using Remand of the Record for Major Source equation for the distribution was then our MACT floor calculation procedures. Boilers, provides a detailed rationale to applied to the data; and compared Therefore, we determined that the use the UPL as the basis of setting a individual components of the limited emission limit reasonably accounts for

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variability and that no changes to the emission limit is not unreasonable unit was, in fact, the best performing standard floor calculation procedure compared to the actual performance of unit and to evaluate the dataset for PB– were warranted for this pollutant and the unit upon which the limit is based 44. The dataset for PB–44 includes three subcategory. and is within the range that we see test runs and the average emissions are The MACT floor dataset for TSM from when we evaluate larger datasets using only about 7 percent higher than the existing and new stoker boilers designed our MACT floor calculation procedures. Wellons Boiler lowest stack test average. to burn dry biomass includes three test Therefore, we determined that the However, the PB–44 average emissions runs from a single boiler. In addition, emission limit reasonably accounts for are actually 97 percent lower when there are no other dry biomass stoker variability and that no changes to the comparing to the Wellons Boiler average units in the rankings to select from for standard floor calculation procedure for both stack tests. This information this pollutant. Using the available data, were warranted for this pollutant and indicates that the second ranked unit, we first determined the correct subcategory. PB–44, has a more consistent level of distribution and ensured that we used The MACT floor dataset for Hg from performance than the top ranked unit, the correct equation for each new boilers designed to burn solid fuel Wellons Boiler, and the resulting UPL distribution. We then calculated the includes six test runs from a single calculations support this. The HCl UPL UPL-based-limit, which is boiler that we identified as the best value is lower for PB–44 than for approximately 2 times the short-term performing unit based on average Wellons Boiler and the Wellons Boiler average emissions from the best emissions. After determining the correct UPL exceeded the UPL for existing solid performing source, indicating that the distribution and ensuring that we used fuel boilers. For these reasons, we emission limit is not unreasonable the correct equation for each determined that the unit with the lowest compared to the actual performance of distribution, we evaluated the variance average, Wellons Boiler, is not the best the unit upon which the limit is based of this unit, comparing it to other boilers performing source for this pollutant and and is within the range that we see in the same subcategory. Our analysis we are instead determining PB–44 to be when we evaluate larger datasets using showed that this unit, identified as the the best performing source. our MACT floor calculation procedures. best performing unit based on average The MACT floor dataset for Hg from Therefore, we determined that the emissions, also had the lowest variance, new boilers designed to burn liquid fuel emission limit reasonably accounts for indicating that not only did it have the includes three test runs from a single variability and that no changes to the lowest average emissions but also the boiler that we identified as the best standard floor calculation procedure most consistent performance. Therefore, performing unit based on average were warranted for this pollutant and we determined that the emission limit emissions. After determining the correct subcategory. reasonably accounts for variability and distribution and ensuring that we used The MACT floor datasets for PM and that no changes to our standard floor the correct equation for each CO from existing and new stoker boilers calculation procedure were warranted distribution, we evaluated the variance designed to burn dry biomass include for this subcategory and pollutant. of this unit. Our analysis showed that three test runs from a single boiler that The MACT floor dataset for HCl from this unit, identified as the best we identified as the best performing new boilers designed to burn solid fuel performing unit based on average unit based on average emissions. After includes six test runs from a single emissions, and the second ranked unit determining the correct distribution and boiler ‘‘ARPotlatchForestWarren, both have similar and extremely low ensuring that we used the correct Wellons Boiler’’ (Wellons Boiler) that variance, indicating consistent equation for each distribution, we we identified as the best performing performance. Therefore, we determined evaluated the variance of this unit for unit based on average emissions. After that the emission limit reasonably each pollutant, comparing it to other determining the correct distribution and accounts for variability and that no boilers in the same subcategory. Our ensuring that we used the correct changes to the standard floor calculation analysis showed that this unit, equation for each distribution, we procedure were warranted for this identified as the best performing unit compared the calculated UPL to the subcategory and pollutant. based on average emissions, also had short-term average emissions and found The MACT floor dataset for HCl from the lowest variance for each pollutant, that the unit had a UPL that was 81 new boilers designed to burn liquid fuel indicating that not only did it have the times higher than the lowest short-term includes three test runs from a single lowest average emissions but also the average emission test and that this ratio boiler that we identified as the best most consistent performance. Therefore, is not within the range that we see when performing unit based on average we determined that the emission limits we evaluate larger datasets using our emissions. After determining the correct reasonably account for variability and MACT floor calculation procedures. distribution and ensuring that we used that no changes to our standard floor Based on this, we evaluated the variance the correct equation for each calculation procedure were warranted of this unit and concluded that further distribution, we evaluated the variance for this subcategory and pollutants. consideration of the best performer of this unit, comparing it to other boilers The MACT floor dataset for CO from selection was warranted. The variance in the same subcategory. Our analysis existing and new fluidized bed boilers of the top ranked unit was 6 orders of showed that this unit, identified as the designed to burn coal refuse includes magnitude higher than the variance of best performing unit based on average three test runs from a single boiler. In the next ranked unit ‘‘TXDibollTemple- emissions, also had the lowest variance, addition, there are no other units in the Inland, PB–44’’ (PB–44). In addition, the indicating that not only did it have the rankings to select from for this Wellons Boiler six test runs were from lowest average emissions but also the pollutant. Using the available data, we two separate stack tests, and while the most consistent performance. Therefore, first determined the correct distribution unit was the top ranked unit due to one we determined that the emission limit and ensured that we used the correct of the stack test averages being very low, reasonably accounts for variability and equation for the distribution. We then the other stack test average was 6.2 that no changes to the standard floor calculated the UPL-based limit which is times higher. The high degree of calculation procedure were warranted approximately 1.5 times the short-term variance in the dataset for the unit with for this subcategory and pollutant. average emissions from the best the lowest average, Wellons Boiler, The MACT floor dataset for TSM from performing source, indicating that the prompted us to question whether this new boilers designed to burn heavy

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liquid fuel includes three test runs from variability and that no changes to the calculation procedure were warranted a single boiler that we identified as the standard floor calculation procedure for this pollutant and subcategory. best performing unit based on average were warranted for this pollutant and The MACT floor dataset for TSM from emissions. After determining the correct subcategory. new fluidized bed boilers designed to distribution and ensuring that we used The MACT floor dataset for PM from burn biomass includes three test runs the correct equation for the distribution, new boilers designed to burn light from a single boiler that we identified as we evaluated the variance of this unit, liquid fuel includes three test runs from the best performing unit based on comparing it to other boilers in the same a single boiler that we identified as the average emissions. After determining subcategory. Our analysis showed that best performing unit based on average the correct distribution and ensuring this unit, identified as the best unit emissions. After determining the correct that we used the correct equation for the based on average emissions, had a distribution and ensuring that we used distribution, we evaluated the variance slightly higher variance than the next the correct equation for the distribution, of this unit, comparing it to other boilers ranked unit. Therefore, we also we evaluated the variance of this unit, in the same subcategory. Our analysis evaluated the second ranked unit and comparing it to other boilers in the same showed that this unit, identified as the determined its distribution and applied subcategory. Our analysis showed that best performing unit based on average the equation for its distribution. this unit, identified as the best emissions, also had the lowest variance, Comparing the calculated UPL values performing unit based on average indicating that not only did it have the for the top two units, the best emissions, also had the lowest variance, lowest average emissions but also the performing unit resulted in the lower indicating that not only did it have the most consistent performance. Therefore, UPL. While its variance was slightly lowest average emissions but also the we determined that the emission limit higher, the top ranked unit’s lower most consistent performance. Therefore, reasonably accounts for variability and overall emissions and resulting UPL we determined that the emission limit that no changes to the standard floor calculations indicate it is the best reasonably accounts for variability and calculation procedure were warranted performer. Therefore, we determined that no changes to the standard floor for this pollutant and subcategory. The MACT floor dataset for TSM from that the emission limit reasonably calculation procedure were warranted new suspension burners designed to accounts for variability and that no for this pollutant and subcategory. burn biomass includes three test runs changes to the standard floor calculation The MACT floor dataset for TSM from procedure were warranted for this from a single boiler. In addition, there new dutch oven boilers designed to are no other biomass suspension burner pollutant and subcategory. burn biomass includes three test runs The MACT floor dataset for PM from units in the rankings to select from for from a single boiler that we identified as new boilers designed to burn heavy this pollutant. Using the available data, the best performing unit based on liquid fuel includes three test runs from we first determined the correct average emissions. After determining a single boiler that we identified as the distribution and ensured that we used the correct distribution and ensuring best performing unit based on average the correct equation for each that we used the correct equation for the emissions. After determining the correct distribution. We then calculated the distribution and ensuring that we used distribution, we evaluated the variance UPL-based limit which is 1.7 times the the correct equation for the distribution, of this unit, comparing it to other boilers short-term average emissions from the we evaluated the variance of this unit, in the same subcategory. Our analysis best performing source, indicating that comparing it to other boilers in the same showed that this unit, identified as the the emission limit is not unreasonable subcategory. Our analysis showed that best performing unit based on average compared to the actual performance of this unit, identified as the best emissions, also had the lowest variance, the unit upon which the limit is based performing unit based on average indicating that not only did it have the and is within the range that we see emissions, also had the lowest variance, lowest average emissions but also the when we evaluate larger datasets using indicating that not only did it have the most consistent performance. Therefore, our MACT floor calculation procedures. lowest average emissions but also the we determined that the emission limit Therefore, we determined that the most consistent performance. Therefore, reasonably accounts for variability and emission limit reasonably accounts for we determined that the emission limit that no changes to the standard floor variability and that no changes to our reasonably accounts for variability and calculation procedure were warranted standard floor calculation procedure that no changes to the standard floor for this pollutant and subcategory. were warranted for this subcategory and calculation procedure were warranted The MACT floor dataset for TSM from pollutant. for this pollutant and subcategory. new biomass fuel cell boilers includes The MACT floor dataset for TSM from The MACT floor dataset for TSM from six test runs from a single boiler that we new stoker boilers designed to burn wet new boilers designed to burn light identified as the best performing unit biomass includes six test runs from a liquid fuel includes three test runs from based on average emissions. After single boiler ‘‘GAGPCellulose a single boiler that we identified as the determining the correct distribution and Brunswick, U700—No. 4 Power Boiler’’ best performing unit based on average ensuring that we used the correct (U700—No. 4 Power Boiler) that we emissions. After determining the correct equation for the distribution, we identified as the best performing unit distribution and ensuring that we used evaluated the variance of this unit, based on average emissions. After the correct equation for the distribution, comparing it to other boilers in the same determining the correct distribution and we evaluated the variance of this unit, subcategory. Our analysis showed that ensuring that we used the correct comparing it to other boilers in the same this unit, identified as the best equation for the distribution, we subcategory. Our analysis showed that performing unit based on average evaluated the variance of this unit, this unit, identified as the best emissions, also had the lowest variance, comparing it to other boilers in the same performing unit based on average indicating that not only did it have the subcategory. We note that the second emissions, and the second ranked unit lowest average emissions but also the and third ranked units each have less have nearly equivalent variance, most consistent performance. Therefore, than three test runs, and units with less indicating consistent performance. we determined that the emission limit than three test runs were not considered Therefore, we determined that the reasonably accounts for variability and for UPL calculations if other data are emission limit reasonably accounts for that no changes to the standard floor available (see discussion in section

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III.A.1 of this preamble). Our analysis second ranked unit includes 3 test runs. technically achievable we reviewed the showed that this unit, identified as the We calculated the UPL using data for compliance data available to the EPA best performing unit based only on the second ranked unit, however, and through the Compliance and Emissions average emissions, has a higher variance the resulting UPL was higher than when Data Reporting Interface (CEDRI) and than the fourth ranked unit using data from the top ranked unit. WebFIRE 6 and compared these data to ‘‘MESDWarrenSomerset, No. 2 Power While its variance was higher, the top the emission limits in the January 2013 Boiler’’ (No. 2 Power Boiler) and an ranked unit’s lower overall emissions final rule to assess whether those more overall average (considering all stack and resulting UPL calculations indicate stringent limits were being achieved in tests, not just the minimum stack test it is the best performer. Therefore, we practice. Data is submitted to CEDRI by average) that is approximately 18 determined that the emission limit regulated entities to EPA in order to percent higher than the fourth ranked reasonably accounts for variability and meet electronic reporting requirements unit. This information indicates that the that no changes to the standard floor of 40 CFR part 60 subpart DDDDD. fourth ranked unit, No. 2 Power Boiler, calculation procedure were warranted These reports include performance tests, has a more consistent level of for this subcategory and pollutant. CEMS relative accuracy test audits, performance than the top ranked unit, The MACT floor dataset for PM from notifications of compliance status U700—No. 4 Power Boiler, and the new coal boilers includes six test runs reports, among other items. WebFIRE resulting UPL calculations support this. from a single boiler that we identified as displays these reports to the public and The calculated UPL is lower for the the best performing unit based on can be searched by regulatory subpart or fourth ranked unit, No. 2 Power Boiler, average emissions. After determining boiler process type (e.g., fuel type, boiler than for the top ranked unit, U700—No. the correct distribution and ensuring size). For existing sources, with the 4 Power Boiler. For these reasons, we that we used the correct equation for exception of TSM at coal units, all of the determined that the unit with the lowest each distribution, we evaluated the compliance data available for the average, U700—No. 4 Power Boiler, is variance of this unit and concluded that subcategory showed that the units were not the best performing source for this further consideration of the best complying with the more stringent 2013 subcategory and pollutant and we are performer selection was warranted. The emission limit. For TSM at coal-fired instead determining that No. 2 Power variance of the top ranked unit was units, 83 percent of the units (10 of 12) Boiler is the best performing source. approximately 2.5 times higher than the with data were below the more stringent The MACT floor dataset for CO from variance of the next ranked unit. The 2013 emission limit. The two units that new suspension grate boilers designed degree of variance in the dataset for the were not were 12 percent above the to burn biomass includes three test runs unit with the lowest average prompted 2013 emission limit, but these units from a single boiler that we identified as us to question whether this unit was, in were using the emission averaging the best performing unit based on fact, the best performing unit and to provision to comply at a common stack. average emissions. After determining evaluate the second ranked unit. The To assess whether the limits were cost- the correct distribution and ensuring second ranked unit includes three test effective, the EPA reviewed the control that we used the correct equation for runs. We calculated the UPL using data devices currently installed to determine each distribution, we evaluated the for the second ranked unit, however, if any cost savings would occur should variance of this unit, comparing it to and the resulting UPL was higher than the less stringent limit be selected. In all other boilers in the same subcategory. when using data from the top ranked of these cases, the controls that were Our analysis showed that this unit, unit. Therefore, while its variance was identified as the best unit based on higher, the top ranked unit’s lower already installed were the same types of average emissions, also had the lowest overall emissions and resulting UPL controls that would be required to meet variance, indicating that not only did it calculations indicate it is the best either the January 2013 limits or the less have the lowest average emissions but performer. Therefore, we determined stringent recalculated limits and, also the most consistent performance. that the emission limit reasonably therefore, no additional costs would be Therefore, we determined that the accounts for variability and that no incurred to meet the more stringent emission limit reasonably accounts for changes to the standard floor calculation limits. There were three additional cases variability and that no changes to the procedure were warranted for this where the January 2013 remanded standard floor calculation procedure subcategory and pollutant. emission limit was more stringent than were warranted for this subcategory and The Process Gas and Coal Fluidized the recalculated emission limit, but no pollutant. Bed subcategories for existing and new recent compliance data were available The MACT floor dataset for TSM from sources and the Heavy Liquid Fuel, in these three cases. Since no data were new coal boilers includes six test runs Light Liquid Fuel, Pulverized Coal available for PM at Gas 2 units, and from a single boiler that we identified as Boilers, and Coal Stoker subcategories TSM at biomass suspension burners or the best performing unit based on for new sources have limited datasets dry biomass stokers, the EPA did not average emissions. After determining for CO. However, the best performers select a beyond-the-floor limit for these the correct distribution and ensuring have very low CO emissions and the three emission limits. In all three of that we used the correct equation for emission limits were set equal to a these cases, where we did not have data, each distribution, we evaluated the minimum CO level; the applicable the changes are resulting from the variance of this unit and concluded that methodology is discussed in section revised methodology for limited further consideration of the best III.E of this preamble. datasets. The process gas unit is performer selection was warranted. The uncontrolled, and the dry biomass variance of the top ranked unit was B. Beyond-the-Floor Emission Limits stoker and biomass suspension burner approximately 3 times higher than the We reviewed the recalculated MACT both had a multiclone installed. variance of the next ranked unit. The floor emission limits that are less degree of variance in the dataset for the stringent than those in the January 2013 6 U.S. Environmental Protection Agency. unit with the lowest average prompted final rule in order to assess whether a Compliance and Emissions Data Reporting Interface (CEDRI) https://www.epa.gov/electronic-reporting- us to question whether this unit was, in beyond-the-floor option was technically air-emissions/cedri and WebFIRE database https:// fact, the best performing unit and to achievable and cost-effective. To assess www.epa.gov/electronic-reporting-air-emissions/ evaluate the second ranked unit. The whether the January 2013 limits were webfire.

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Based on the review of compliance floor level for 10 of the existing source data, the EPA selected a beyond-the- emission limits, as listed in Table 4.

TABLE 4—EXISTING SOURCE EMISSION LIMITS BASED ON BEYOND-THE-FLOOR

Existing source subcategory limit Discussion

HCl-Liquid ...... All of the existing units with data available are below the 2013 emission limit. TSM-Coal ...... All 10 of the existing units complying with the TSM limit were below the 2013 emission limit. TSM-Heavy Liquid ...... The two existing units with data were both below the 2013 emission limit. TSM-Light Liquid ...... The two existing units with data were both below the 2013 emission limit. PM-Dry Biomass Stoker ...... All six of the existing units with data were below the 2013 limit. CO-Biomass Suspension Burner ...... All 12 of the existing units with data were below the 2013 limit. CO-Biomass Suspension Grate ...... All 99 of the existing units with data were below the 2013 limit. CO-Dry Biomass Stoker ...... All six of the existing units with data were below the 2013 limit. CO-Coal Fluidized Bed with Heat Exchanger .... The one existing unit with data was below the 2013 limit.

For new sources, the EPA made a rule. For three of the limits, all of the were three cases where the January 2013 similar comparison to compliance data units with available compliance data remanded new source emission limit from new and existing boilers in order were below the more stringent January was more stringent than the emission to assess whether the limits were 2013 emission limit. For the PM limit at limit calculated based on the revised achievable. In addition, for PM emission dry biomass stokers, and the TSM limit MACT floor calculation methodology, limits at new sources, consistent with at wet biomass stokers, all of the but no recent compliance data were the analysis taken during the January available new source compliance data available in these four cases. These were 2013 final rule, PM emission limits were were meeting the more stringent January the same three groups mentioned for compared to the PM limit of 0.03 pound 2013 emission limit. Two of the limits existing sources, PM at Gas 2 units, and per million British thermal units (lb/ had no new source data available for TSM at biomass suspension burners or MMBtu) for new biomass boilers in 40 comparison, but the TSM at coal units dry biomass stokers. Due to lack of data, CFR part 60, subparts Db and Dc. Only had 50 percent of the existing units with the EPA did not select a beyond-the- biomass compliance data were available data below the January 2013 new source floor limit for these three emission for new sources, and so the EPA limit, and 9 percent of the coal units limits. For new sources, there were compared both existing and new source were below the new source limit for PM. seven emission limits where a beyond- compliance data, when available, to the Both of these cases demonstrate that the the-floor level was selected, as listed in emission limits in the January 2013 final limits are technically achievable. There Table 5.

TABLE 5—NEW SOURCE EMISSION LIMITS BASED ON BEYOND-THE-FLOOR

New source subcategory limit Discussion

TSM-Wet Biomass Stoker ...... Only one existing and one new wet stoker boiler has TSM compliance data. The new source data is below the 2013 new source limit. TSM-Coal ...... Six of the 12 existing units with compliance data are below the 2013 limit for new sources. Of the ones that were above the limit, all of them were above both the 2013 limit and the re- manded MACT floor emission limit. No new coal units were identified in recent compliance data. PM-Suspension Burner ...... The calculated UPL is identical to the value calculated in the 2013 final rule for existing sources. However, the UPL calculation was less stringent than the new source performance standards (NSPS) limit for new boilers. Additionally, all of the 13 units with PM test data are below the 2013 limit for new sources. PM-Dry Biomass Stoker ...... Of the seven units with PM test data, three units were below the 2013 emission limits for new sources, including one new dry biomass stoker boiler. Additionally, the UPL calculation was less stringent than the NSPS limit for new boilers. PM-Coal ...... Of the 101 existing units with PM test data, nine units were below the 2013 emission limit for new sources. No new coal units were identified in recent compliance data. CO-Dry Biomass Stoker ...... All seven of the existing units with data, including one new dry biomass stoker were below the 2013 limit. CO-Coal Fluidized Bed with Heat Exchanger .... The one existing unit with data was below the 2013 limit.

C. Revisions to Output-Based Emission due to rounding (i.e., the input-based Specifically, we revised the steam Limits emission limit revision was small conversion factor (steam Btu out/fuel The EPA reviewed the output-based enough that performing the output- Btu in) used to calculate the output- emission limits, and revised as based calculations did not result in a based limits in the units of lb/MMBtu necessary, for subcategories and different emission limit after rounding steam output for three subcategories for pollutants where the input-based to two significant figures). We also existing sources: Biomass dutch oven, emission limits were revised. There was updated the output-based emission limit wet biomass, and coal stoker. We not a corresponding revision in the calculations to use data from the current reviewed the corresponding steam output-based emission limit for certain population of best performers, conversion factors for new sources, but subcategories and pollutants where the considering the changes to the rankings revisions were not necessary as a result input-based emission limit was revised, made in response to the court remands. of the new analyses. The memorandum,

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Alternate Equivalent Output-Based Establishing emission limits for specific flares, and boilers/process heaters. Emission Limits for Boilers and Process organic HAP would be impractical and Applicable recovery devices include Heaters Located at Major Source costly. Thus, we concluded that CO, condensers, adsorbers, and absorbers. Facilities—2019 Revision, which is which is less expensive to test for and The combustion devices are the more available in the docket for this action, monitor, is appropriate for use as a commonly applied control devices, provides details of the output-based surrogate for non-dioxin organic HAP. since they are capable of high removal emission limit revisions and We stated in the 2010 proposal that (i.e., destruction) efficiencies for almost methodology. we recognized that the level and any type of organic vapor HAP.8 As distribution of organic HAP will vary D. Proposed Response to the Amended discussed below, the removal from unit to unit. For example, the efficiencies of the recovery techniques Issue: CO as a Surrogate for Organic principal organic HAP emitted from HAP generally depend on the physical and coal-fired units is benzene, which chemical characteristics of the organic On July 29, 2016, the D.C. Circuit accounts for about 20 percent of the HAP under consideration as well as the remanded to the EPA to address a organic HAP with formaldehyde emission stream characteristics. public comment relating to the potential accounting for about 4 percent of the Applicability of the control techniques availability of alternative control organic HAP. Whereas, the principal depends on the individual emission technologies which reduce organic HAP organic HAP emitted from biomass-fired stream under consideration. In this case, without impacting CO emissions. In units is formaldehyde, which accounts it would be emission streams from doing so, the court rejected challengers’ for 34 percent of the organic HAP with boilers and process heaters. The key argument that the EPA could not use CO benzene accounting for about 25 percent emission stream characteristics and as a surrogate for non-dioxin/furan (D/ of the organic HAP.7 For oil-fired units, HAP characteristics that affect the F) organic HAP and limited its remand formaldehyde is the principal organic applicability of each control technique to the Agency’s failure to address HAP, accounting for about 80 percent of are discussed below. evidence in the record on the potential the organic HAP. Limiting CO as a Thermal incinerators use combustion availability of alternative control surrogate for only non-dioxin organic technologies. The court further noted HAP would eliminate costs associated to control a wide variety of continuous that ‘‘it is likely’’ that the EPA would be with speciating numerous compounds. organic HAP emission streams. able to adequately explain its use of CO We also stated that CO was preferable Compared to the other techniques, on remand. U.S. Sugar v. EPA, 830 F.3d because many sources currently have thermal incineration is broadly at 630. CO continuous emission monitoring applicable; that is, it is much less It is helpful to provide some systems (CEMS). dependent on HAP characteristics and background on the EPA’s decision to In the 2013 final rule preamble, as emission stream characteristics. use CO as a surrogate in the Boiler part of the rationale for the 130 ppm CO Destruction efficiencies up to 99 percent MACT rule in order to provide the minimum MACT floor level, we again or higher are achievable with thermal context for the EPA’s action to address explained the basis for concluding that incineration. Thermal incineration the U.S. Sugar court’s remand for CO is an appropriate surrogate. That is, typically is applied to emission streams explanation. In the preamble to the June CO is a conservative surrogate for that are dilute mixtures of organic HAP 2010 proposal, we presented the organic HAP because organic HAP and air. rationale for using CO as a surrogate for emissions are extremely low when Catalytic incinerators are similar to non-D/F organic HAP emitted from sources operate under the good thermal incinerators in design and boilers and process heaters. We stated combustion conditions required to operation except that they employ a that CO has generally been used as a achieve low CO levels. There are myriad catalyst to enhance the reaction rate. surrogate for organic HAP because CO is factors that affect combustion efficiency Since the catalyst allows the reaction to a good indicator of incomplete (CE) and, as a function of CE, CO take place at lower temperatures, combustion and organic HAP are emissions. As combustion conditions significant fuel savings may be possible products of incomplete combustion. improve and hydrocarbon levels with catalytic incineration. Catalytic However, based on concerns that CO decrease, the larger and easier to incineration is not as broadly applicable may not be an appropriate surrogate for combust compounds are oxidized to as thermal incineration since D/F because, unlike other organic HAP, form smaller compounds that are, in performance of catalytic incinerators is D/F can be formed outside the turn, oxidized to form CO and water. As more sensitive to pollutant combustion unit, we proposed using CO combustion continues, CO is then characteristics and process conditions as a surrogate only for non-D/F organic oxidized to form CO2 and water. than is thermal incinerator performance. HAP. For non-D/F organic HAP, we Because CO is a difficult to destroy Materials in the emission stream can concluded that using CO as a surrogate refractory compound (i.e., oxidation of poison the catalyst and severely affect was a reasonable approach because CO to CO2 is the slowest and last step its performance. Destruction efficiencies minimizing CO emissions will result in in the oxidation of hydrocarbons), it is of 95 percent of HAP can typically be minimizing non-D/F organic HAP. We a conservative surrogate for destruction achieved with catalytic incineration. stated that, for boilers and process of hydrocarbons, including organic Flares are commonly used for heaters, methods used for the control of HAP. disposal of waste gases during process CO emissions would be the same Available control technologies for upsets and emergencies. They are methods used to control non-D/F organic HAP emissions are of two types: basically safety devices that are also organic HAP emissions. These emission Combustion and recovery. The used to destroy waste emission streams. control methods include achieving good combustion devices include thermal Flares can be used for controlling almost combustion or using an oxidation incinerators, catalytic incinerators, any organic HAP emission stream. catalyst. Standards limiting emissions of CO will also result in decreases in non- 7 Based on emission factors reported on the EPA 8 D/F organic HAP emissions (with the web page, AP 42, Fifth Edition, Volume 1—Chapter Handbook Control Technologies for Hazardous 1: External Combustion Sources, located at https:// Air Pollutants, EPA/625/6–91/014, June 1991, additional benefit of decreasing volatile www3.epa.gov/ttn/chief/ap42/ch01/final/ Center for Environmental Research Information, organic compounds (VOC) emissions). c01s01.pdf. Office of Research and Development, U.S. EPA.

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Boilers or process heaters are used to concentrations (usually >5,000 ppmv). EPA, 884 F.3d 1185, which was a control emission streams containing In these cases, removal efficiencies petition for review by environmental organic compounds. These are currently obtained by condensers can range from groups of the 2015 reconsideration of used as control devices for emission 50 to 90 percent although removal the Boiler MACT rule. The case streams from several industries (e.g., efficiencies at the higher end of the addressed two issues that were severed refinery operations, polymers and resins scale usually require HAP from the litigation challenging the 2013 operations, chemical reactor processes, concentrations of around 10,000 ppmv Boiler MACT rule (U.S. Sugar v. EPA): and distillation operations, etc.). See 40 or greater. Therefore, it is not possible (1) The 130-ppm threshold for CO CFR part 63, subparts JJJ, OOO, and for condensation with water as the standards, which, as described above, PPP. Typically, off-gases containing coolant to achieve the low outlet were established as a surrogate for non- organic HAP emissions are controlled in concentrations that would be required dioxin organic HAP and (2) the boilers or process heaters and used as in HAP control applications. definitions of periods of startup and supplemental fuel if they have sufficient In summary, combustion is the more shutdown and the applicable work heating value. When used as emission commonly applied technology for practices to be used during those control devices, boilers or process controlling organic HAP since it is periods. The court granted the petition heaters can provide destruction capable of high removal efficiencies for as to the CO issue, finding that the EPA efficiencies of greater than 98 percent. organic HAP and its effectiveness does had not provided sufficient record Carbon adsorption is a recovery (non- not depend on the makeup of the support for the CO concentration combustion) technique commonly organic HAP stream or the organic HAP threshold and remanded for further employed as a pollution control and/or concentration. In fact, the devices explanation, but denied the petition on a solvent recovery technique. It is regulated by the rule (boilers and the startup/shutdown issue and upheld applied to dilute mixtures of HAP and process heaters) not only combust fuel the EPA’s approach as consistent with air. Removal efficiencies of 95 to 99 for producing steam and/or process heat the CAA. percent can be achieved using carbon but serve a dual function in that they The court declined to revisit its adsorption. Outlet concentrations also effectively control organic HAP opinion in U.S. Sugar, in which the around 50 parts per million by volume when good combustion conditions are court upheld the use of CO as a (ppmv) can be routinely achieved with present. Recovery (non-combustion) surrogate for organic HAP but remanded state-of-the-art systems; concentrations devices are not applicable on all organic to the EPA to address whether there are as low as 10 to 20 ppmv can be achieved HAP and are not effective on low means to reduce organic HAP other than with some compounds. Highly volatile organic HAP concentration streams. by combustion. Against that backdrop, materials (i.e., molecular weight less Also, recovery devices’ effectiveness is the court, in its decision in Sierra Club than about 45) do not adsorb readily on dependent on an emission stream with said the question before it was whether, carbon; therefore, adsorption is not a high organic HAP content (≤250 assuming CO is an appropriate typically used for controlling emission ppmv), compared to the organic HAP surrogate, the EPA’s decision to streams containing such compounds. content of the emission streams from establish a 130-ppm threshold as the Carbon adsorption is also relatively boilers which are around 1 ppmv for lowest (i.e., most stringent) numeric CO sensitive to emission stream conditions, fossil fuels (coal and oil) and around 10 limit was consistent with the such as high humidity and ppmv for biomass.9 Therefore, at the requirements of the CAA. Based on a temperatures. organic HAP levels generated and close examination of the record, the Absorption is widely used as a raw emitted from a boiler, the recovery (non- court held that the EPA had not material and/or a product recovery combustion) technologies would be sufficiently explained its rationale and technique in separation and purification ineffective. Furthermore, none of the questioned EPA’s reliance on data of gaseous streams containing high best performing units employ any add- regarding the relationship between concentrations of VOC. As an emission on alternative control device for formaldehyde and organic HAP that the control technique, it is much more controlling organic HAP. Many EPA had previously characterized as commonly employed for inorganic industrial boilers and process heaters unreliable. vapors than for organic vapors. Using employ post combustion controls for The court did note that if the EPA absorption as the primary control PM, acid gases, and/or Hg but these add- made and adequately supported a technique for organic vapor HAP is on controls do not affect emissions of determination that no further reduction subject to several limitations and CO or non-dioxin organic HAP. of HAP would occur once CO levels had problems. The suitability of absorption For these reasons, we continue to been reduced to 130 ppm, the threshold for controlling organic vapor emissions conclude that the level of CO emissions, would be appropriate and consistent is determined by several factors; most of which indicates organic HAP reductions with the CAA. The court noted three these factors will depend on the specific achieved through the use of combustion specific issues it believed the Agency HAP in question. For example, the most controls, is an appropriate surrogate for did not adequately address: (1) The EPA important factor is the availability of a controlling organic HAP emissions from gave no reason why organic HAP suitable solvent. The pollutant in boilers and process heaters. emissions could not be further reduced, question should be readily soluble in once CO emissions reach 130 ppm, (2) E. Proposed Response to the Amended the solvent for effective absorption rates. the EPA relied on formaldehyde data to Issue: CO 130 PPM Threshold Emission Condensers are widely used as raw support its conclusion but elsewhere Limits material and/or product recovery stated that the same data were not a devices. They are frequently applied as The D.C. Circuit, on March 16, 2018, reliable indicator of organic HAP preliminary air pollution control issued an opinion in the Boiler MACT emissions at very low levels, and (3) the devices for removing VOC contaminants reconsideration case, Sierra Club v. EPA did not adequately explain if there from emission streams prior to other is a non-zero CO level below which control devices such as incinerators, 9 Based on emission factors reported on the EPA organic HAP levels cannot be further web page, AP 42, Fifth Edition, Volume 1—Chapter adsorbers, or absorbers. Condensers are 1: External Combustion Sources, located at https:// reduced, why 130 ppm is the also used by themselves for controlling www3.epa.gov/ttn/chief/ap42/ch01/final/ appropriate level. Responses to these emission streams containing high VOC c01s01.pdf. three issues are addressed below.

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In the January 31, 2013, final rule, we formaldehyde emissions observed at CO (about 0.06 ppm at 40 percent excess revised the CO emission limit for levels below 130 ppm. air) are observed. The study does not several subcategories, both new and In the preamble of the 2013 final rule, present corresponding CO values. existing, to reflect a CO level that, we we stated, ‘‘Based on this, we do not However, the study does provide stated, is consistent with MACT for believe that such measurements are information showing that CO emissions organic HAP reduction. The revision sufficiently reliable to use as a basis for continue to decrease with increasing was brought about by several establishing an emissions limit.’’ See 78 excess oxygen levels above 20 percent, commenters who recommended that the FR 7145. In that statement, we were as indicated by the increased EPA evaluate a minimum CO standard referring to the formaldehyde combustion efficiencies reported in the (i.e., 100 ppm corrected to 7-percent measurements and, thus, to the decision study for excess oxygen over the range oxygen 10) to serve as a lower bound to set a CO standard instead of a of 5 to 40 percent. Combustion surrogate for organic HAP. The formaldehyde standard. Based on that efficiency (CE) is a measure of the commenters also provided data and analysis, we promulgated a minimum completeness of oxidation of all fuel information to support such a standard MACT floor level for CO of 130 ppm (organic) compounds and is determine and noted that the EPA has taken a corrected to 3-percent oxygen (which is by the CE Formula: CE = [CO2/(CO2 + similar approach in other emission equivalent to 100 ppm corrected to 7- CO)] × 100.13 Thus, CE increases with standards under CAA section 112. See percent oxygen). We noted this was the decreasing CO levels. 40 CFR part 63, subpart EEE (NESHAP same approach used to establish the CO The PAH study does provide a for Hazardous Waste Combustors). emission limit of 100 ppm corrected to possible explanation for this In the preamble to the 2013 final rule, 7-percent oxygen for the Burning of phenomenon. In order to assess the PAH we stated that we evaluated whether Hazardous Waste in Boilers and emissions as a function of combustion there is a minimum CO level for boilers Industrial Furnaces final rule (56 FR variables, the first aim of the study was and process heaters below which there 7134, February 21, 1991). In that to reach maximum CE. The study stated is no further benefit in organic HAP rulemaking, the EPA chose the 100-ppm that ‘‘it can be assumed that the reduction/destruction. Specifically, we (corrected to 7-percent oxygen) limit emissions due to bad combustion have evaluated the relationship between CO because the research indicated that practically been eliminated, and so the and formaldehyde using the available while CO was a good surrogate for the data obtained will be due to the data obtained during the rulemaking. destruction of organic HAP, the validity combustion process.’’ The study states Formaldehyde was selected as the basis of that surrogacy was questionable at CO that at the lowest percentages of excess of the organic HAP comparison because levels of approximately 400 ppm and oxygen, the interaction between oxygen it is the most prevalent organic HAP in below. Based on the EPA’s authority and radicals should be less favored and, the emission database and many paired under the Resource Conservation and as a result, the PAH amount would be tests existed for boilers and process Recovery Act to establish standards that higher. At the highest percentages of heaters for CO and formaldehyde and are protective of human health and the excess oxygen possible, interaction with because formaldehyde was the only environment, the Agency established PAH seemed to be minimized due to the organic HAP for which we had such the 100-ppm standard. The EPA later higher gas velocities shortening the data. The paired data show decreasing established the 100-ppm corrected to 7- contact resulting in increasing PAH formaldehyde emissions with percent oxygen standard as the MACT emissions. Furthermore, the EPA’s Office of decreasing CO emissions down to CO standard for hazardous waste Research and Development (ORD), in levels around 300 ppm (with combustors (see 70 FR 59462) and support of the NESHAP from Coal- and formaldehyde emissions down to less explained why that standard was an Oil-Fired Electric Utility Steam than 1 ppm), supporting the selection of appropriate floor (see 69 FR at 21282). The trend that our CO—formaldehyde Generating Units (also known as the CO as a surrogate for organic HAP data present has also been observed in Mercury and Air Toxics Standards or emissions. A slight increase in a study 11 MATS), conducted a series of tests in formaldehyde emissions, to between 1 done on polycyclic aromatic hydrocarbons (PAH) emissions from the Agency’s Multipollutant Control and 2 ppm, was observed at CO levels Research Facility (MPCRF). As part of below around 200 ppm, suggesting a coal combustion. PAH constitute a group of organic HAP. The study these tests, potential surrogate breakdown in the CO-formaldehyde relationships were examined for various relationship at low CO concentrations. presents a graph of PAH vs. excess 12 non-D/F organic HAP. The objective of At levels lower than 150 ppm, the mean oxygen which shows that at the lowest percentage of excess oxygen (5 the testing program was to collect levels of formaldehyde appeared to selected HAP emission data while firing increase, as does the overall maximum percent), the highest PAH amount (0.25 ppm) is measured and shows minimum coals under varied test conditions and value of and variability in formaldehyde evaluate relationships between those emissions. However, at that time, we PAH emissions (0.02 ppm) at 20-percent excess oxygen. The graph further shows concentrations and other process were not aware of any reason why concentrations and/or conditions. One formaldehyde concentrations would that as the excess oxygen level increases above 20 percent, higher PAH emissions of the principal objectives was to increase as CO concentrations continue measure concentrations of non-D/F to decrease, indicating improved 11 Organic Atmospheric Pollutants: Polycyclic organic HAP and compare to the combustion conditions. Our thinking at Hydrocarbons from Coal Atmospheric Fluidised emission of candidate surrogates (e.g., the time was that imprecise Bed Combustion (AFBC), A.M Mastral, M.S. Callen, CO, total hydrocarbons, etc.) 14 Several formaldehyde measurements at low R. Murillo, and T. Garcia, Instituto de organic HAP, discussed below and concentrations (i.e., 1–2 ppm) may have Carboquimica, 1999. 12 Excess oxygen, or excess air, is commonly used accounted for this slight increase in to define combustion. The excess oxygen is the 13 CE formula and calculator, https:// amount of oxygen in the incoming air not used ncalculators.com/environmental/combustion- 10 The CO emission standards in the 2013 final during combustion. Inadequate excess oxygen efficiency-calculator.htm. rule are corrected to 3-percent oxygen. The 130 results in unburned combustibles (fuel and CO), 14 Surrogacy Testing in the MPCRF, Prepared for ppm CO standards in the 2013 final rule is while too much excess oxygen results in increased U.S. EPA, Prepared by ARCADIS, March 30, 2011. equivalent to 100 ppm corrected to 7-percent flue gas flow and decreased temperature and See Docket ID Item No. EPA–HQ–OAR–2002–0058– oxygen. residence time for combustion. 3942.

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presented as figures in the study’s final phenomenon occurs, we know that below a CO level of 130 ppm would report, were quantified from multiple combustion is the chemical reaction of result in no additional organic HAP tests with CO concentrations and show oxygen with combustible compounds reduction is supported by both the a similar trend. (e.g., organics) and that time, independent PAH emission study and Figure 4–16 of the MPCRF study temperature, and turbulence impact the the MPCRF study which both show shows the concentration of phenol, an speed and completeness of the similar trends. That is, organic HAP organic HAP, plotted against combustion reaction. For complete levels decreased with decreasing CO concentration of CO. CO concentrations combustion, the oxygen must come into levels until a leveling off and trending ranged from 40 to 140 ppm, at 7-percent intimate contact with the combustible upward with further decreasing CO oxygen, with phenol concentrations molecule at sufficient temperature, and levels. Also, based on the level of the ranging from 0.6 parts per billion (ppb) for a sufficient length of time, in order organic HAP emissions measured in the at 40 ppm CO to 1 ppb at 140-ppm CO to complete the reaction. Two factors two studies, we do not consider the with the lowest phenol concentration that affect reaction rates are the formaldehyde data used in our (0.5 ppb) measured at 95-ppm CO (120- concentration of the reactants (oxygen establishment of the 130 ppm CO ppm CO at 3-percent oxygen). and organic HAP) and the temperature standard to have been imprecise and, The MPCRF study also examined of the reactants. Every combustible thus, unreliable. The formaldehyde data formaldehyde emissions against CO substance has a minimum ignition measured at CO levels below 130 ppm concentrations. The five data points temperature, which must be attained or reflect the variability (scatter) of organic (Figure 4–17 of the study) are all for CO exceeded, in the presence of oxygen, if HAP emissions when each data point is concentrations below 70 ppm with the combustion is to ensue under the given from a different unit. Whereas, the lowest formaldehyde emissions (10 ppb) conditions. Lower concentrations will organic HAP emission results presented measured at 70-ppm CO and with produce a decrease in the rate of in the two studies, which were higher formaldehyde emissions (57 ppb) reaction and a decrease in the measured at similar low concentrations, measured at a lower CO level of 40-ppm temperature will decrease rate of are from tests conducted on a single unit CO. reaction. As more ambient temperature at varying CO levels. In addition, the MPCRF study shows combustion air (oxygen) is added, the The seven subcategories with the 130 similar results for chloroform (another concentration and temperature of the ppm CO level in the 2013 final rule are: organic HAP). The five data points reactant (organic HAP) is reduced. Thus, (1) Pulverized Coal Boilers; (2) Coal (Figure 4–24 of the study) show a potential explanation is that with the Stokers; (3) Coal Fluidized Bed; (4) chloroform emissions of 0.038 ppb at increased combustion air (oxygen), the Heavy Liquid Fuel; (5) Light Liquid 170-ppm CO at 3-percent oxygen, 0.025 resulting increased turbulence, while Fuel; (6) Non-Continental Liquid; and ppb chloroform at 130-ppm CO at 3- providing increased mixing, can result (7) Process Gas. Based on our review of percent oxygen, and 0.054 ppb in more organic molecules being forced the data in 2013, we established that a chloroform at 40-ppm CO at 3-percent near the furnace walls, which are cold CO emission level of 130 ppm oxygen. compared to the combustion zone. This represented MACT for controlling The MPCRF does not present any can essentially slow down or quench explanation on why these trends were organic HAP emissions for units in the the combustion reactions by cooling the six subcategories. Based on additional observed. One of the goals of the molecules of the organic compounds to MPCRF testing was to determine or information obtained during and after below their minimum ignition the rulemaking, as discussed above, we demonstrate a relationship between temperature. Thus, those organic HAP concentrations of organic compounds reaffirm our conclusion that a 130-ppm molecules would not be combusted and CO concentration threshold represents and combustion conditions. However, would be emitted unchanged. Any due to low emission levels, non-detects, MACT for organic HAP for the six action having the effect of decreasing subcategories. and other complexities, the key the reaction rate of the organic HAP will conclusion drawn was that the testing consequently result in less organic HAP IV. Results and Proposed Decisions did not disprove an expected being combusted and, thus, higher A. What are the resulting changes to relationship between organic organic HAP emissions being observed emission limits? concentrations and combustion and appear to be an increase, at higher conditions. excess oxygen (and lower CO emissions) Based on all of the revisions made to There are myriad factors that affect CE levels. address the remand related to ranking and, as a function of CE, CO emissions. The range of the formaldehyde and assessing co-fired units in the As combustion conditions improve and measurements for the reported paired MACT floor calculations, the changes hydrocarbon levels decrease, the larger formaldehyde-CO emissions data for the made for UPL calculations for small and easier to combust compounds are 97 emission units is 0.00009 ppm (0.09 datasets, and the decisions to propose oxidized to form smaller compounds ppb) to 2.0 ppm. The mathematical certain limits as beyond-the-floor limits, that are, in turn, oxidized to form CO average of the corresponding CO there are 34 different emission limits and water. As combustion continues, emissions from the best performing 12 that we are proposing to change. The CO is then oxidized to form CO2 and percent of units, identified as those detailed list of revisions to unit rankings water. Because CO is a difficult to units with the lowest formaldehyde and revised MACT floor calculations are destroy refractory compound (i.e., emissions, is 137 ppm. presented in the docketed oxidation of CO to CO2 is the slowest At the time of the 2013 rulemaking, memorandum, Revised MACT Floor and last step in the oxidation of we observed that reducing CO emissions Analysis (2019) for the Industrial, hydrocarbons), it has been considered a also resulted in a reduction of organic Commercial, and Institutional Boilers conservative surrogate for destruction of HAP emissions until a leveling off in and Process Heaters National Emission hydrocarbons, including organic HAP. organic HAP reduction is reached after Standards for Hazardous Air Neither the PAH study nor the which further reduction of CO levels Pollutants—Major Source. Of these 34 MPCRF study provide an explanation appeared to result in higher levels of emission limits, 28 of the limits are for the phenomenon observed in these organic HAP emitted. Our more stringent than the corresponding studies. In trying to explain why this determination that setting a CO standard limits in the 2013 final rule. Six of the

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limits are modestly less stringent, with proposed and corresponding current no more than a 25-percent increase. The limits are shown in Table 6.

TABLE 6—SUMMARY OF CHANGES TO EMISSION LIMITS IN THE PROPOSED ACTION

Current emission Proposed emission limit (lb/MMBtu of limit (lb/MMBtu of Subcategory Pollutant heat input or ppm at heat input or ppm at 3-percent oxygen for 3-percent oxygen for CO) CO)

New-Solid ...... HCl ...... 2.2E–02 3.0E–04 New-Dry Biomass Stoker ...... TSM8 ...... 4.0E–03 5.0E–03 New-Biomass Fluidized Bed ...... CO ...... 230 130 New-Biomass Fluidized Bed ...... PM (TSM) ...... 9.8E–03 (8.3E–05) 4.1E–03 (8.4E–06) New-Biomass Suspension Burner ...... CO ...... 2,400 220 New-Biomass Suspension Burner ...... TSM ...... 6.5E–03 8.0E–03 New-Biomass Hybrid Suspension Grate ...... CO ...... 1,100 180 New-Biomass Dutch Oven/Pile Burner ...... PM ...... 3.2E–03 2.5E–03 New-Biomass Fuel Cell ...... PM ...... 2.0E–02 1.1E–02 New-Wet Biomass Stoker ...... CO ...... 620 590 New-Wet Biomass Stoker ...... PM ...... 0.03 0.013 New-Liquid ...... HCl ...... 4.4E–04 7.0E–05 New-Heavy Liquid ...... PM (TSM) ...... 1.3E–02 (7.5E–05) 1.9E–03 (6.4E–06) New-Process Gas ...... PM ...... 6.7E–03 7.3E–03 Existing-Solid ...... HCl ...... 2.2E–02 2.0E–02 Existing-Solid ...... Hg ...... 5.7E–06 5.4E–06 Existing-Coal ...... PM ...... 4.0E–02 3.9E–02 Existing-Coal Stoker ...... CO ...... 160 150 Existing-Dry Biomass Stoker ...... TSM ...... 4.0E–03 5.0E–03 Existing-Wet Biomass Stoker ...... CO ...... 1,500 1,100 Existing-Wet Biomass Stoker ...... PM (TSM) ...... 3.7E–02 (2.4E–04) 3.4E–02 (2.0E–04) Existing-Biomass Fluidized Bed ...... CO ...... 470 210 Existing-Biomass Fluidized Bed ...... PM (TSM) ...... 1.1E–01 (1.2E–03) 2.1E–02 (6.4E–05) Existing-Biomass Suspension Burners ...... PM (TSM) ...... 5.1E–02 (6.5E–03) 4.1E–02 (8.0E–03) Existing-Biomass Dutch Oven/Pile Burner ...... PM ...... 2.8E–01 1.8E–01 Existing-Liquid ...... Hg ...... 2.0E–06 7.3E–07 Existing-Heavy Liquid ...... PM ...... 6.2E–02 5.9E–02 Existing-Non-Continental Liquid ...... PM ...... 2.7E–01 2.2E–01 Existing-Process Gas ...... PM ...... 6.7E–03 7.3E–03

The EPA requests comment on the Emission Standards for Hazardous Air units will require lead time to prepare revisions to the emission limits in light Pollutants. and execute their testing plans to of the changes the EPA has proposed in demonstrate compliance with the B. What compliance dates are we response to the remand. Broader updated emission limits and to update proposing? comments with respect to the UPL reports to incorporate the revised calculation methodology will not be The EPA is proposing that facilities emission limits. The EPA requests considered within the scope of this have up to 3 years after the effective comment on this time frame. rulemaking. The EPA will only consider date of the final rule to comply with the C. What other actions are we proposing? data that is already available in the new emissions limits in the final rule. rulemaking record. The EPA also Before this date, facilities must continue We are proposing several technical requests comments on its determination to comply with the rule as it was corrections. These amendments are of beyond-the-floor emission limits for finalized in 2015. This allowance is being proposed to correct inadvertent certain subcategories. The emission being made considering that some errors that were promulgated in the final reduction impacts associated with these facilities may require additional add-on rule. We are soliciting comment only on changes to the MACT floor emission controls or monitoring equipment to be whether the proposed changes provide limits are discussed in the docketed designed, purchased, and installed in the intended accuracy, clarity, and memorandum Revised (2019) order to meet the more stringent consistency. These proposed changes Methodology for Estimating Impacts for emission limits, or to modify the are described in Table 7 of this Industrial, Commercial, Institutional method of compliance based on the preamble. We request comment on all Boilers and Process Heaters National changes in emission limits. In addition, these proposed changes.

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TABLE 7—MISCELLANEOUS PROPOSED TECHNICAL CORRECTIONS TO 40 CFR PART 63, SUBPART DDDDD

Section of subpart DDDDD Description of proposed correction

40 CFR 63.7500(a) ...... Revise this paragraph to remove the comma after ‘‘paragraphs (b).’’ 40 CFR 63.7521(c)(1)(ii) Revise this paragraph to remove the requirement to collect samples during the test period at 1-hour intervals. 40 CFR 63.7530(b)(4)(iii) Revise this paragraph to remove the sentence regarding establishing the pH operating limit because establishing the pH operating limit is not required for a PM wet scrubber. 40 CFR 63.7540(a)(9) Revise this paragraph to clarify that ‘‘certify’’ is intended to apply only to PM CEMS, not PM continuous param- eter monitoring systems (CPMS) because PM CPMS do not have a performance specification. 40 CFR 63.7575 ...... Revise the definition of ‘‘Other gas 1 fuel’’ to clarify that it is the maximum Hg concentration of 40 micrograms/ cubic meter of gas. Add definition of ‘‘12-month rolling average’’ to clarify that the previous 12 months must be consecutive but not necessarily continuous. Revise paragraph (4) of definition ‘‘Steam output’’ to correct ‘‘heaters’’ to ‘‘headers.’’ Table 1 to subpart DDDDD Revise the output limit in item 8.a to correct for a rounding error, the value is now 4.3E–01 lb per MMBtu instead of 4.2E–01 lb per MMBtu. Table 7 to subpart DDDDD Revise footnote ‘‘b’’ to clarify that when multiple performance tests are conducted, the maximum operating load is the lower of the maximum values established during the performance tests. Table 8 to subpart DDDDD Revise item 8.d to clarify that the correct equations to use are Equations 7, 8, and/or 9 in 40 CFR 63.7530.

V. Summary of Cost, Environmental, submitted to CEDRI and WebFIRE and units subject to emission limits would and Economic Impacts the trade association Council of be new large biomass units, the actual Industrial Boilers, which had provided number of new units is significantly A. What are the affected sources? input on units that had shutdown or lower than projected in the January As mentioned previously, this rule switched to natural gas fuel as part of its 2013 final rule. The CEDRI and affects a wide range of facilities in the compliance strategy. The EPA then WebFIRE compliance data provided ICI sector that are located at major compiled an updated estimate of units updates on eight new biomass units that sources of HAP and have a boiler or that are subject to emission limits. are subject to emission limits and process heater as defined in the final These data show 533 existing boilers reporting compliance data. Since new rule. The 2013 Emission Database for and process heaters, of which 443 units have had to comply since April Boilers and Process Heaters estimated remain operational and belong in one of 2013, these eight units reflect a new unit there were approximately 14,000 the subcategories that are subject to rate of 1.3 new units per year during the existing boilers and process heaters numeric emission limits. This count 6-year period of April 2013 through currently operating at 1,702 different excludes any boilers that are no longer April 2019. Using these new source facilities that are major sources of HAP operational, boilers that have refueled data, the EPA estimates that, four more and subject to the Boiler MACT. The and switched to the natural gas biomass boilers or process heaters are vast majority of these combustion units subcategory and are, therefore, no longer expected to be constructed over the next (nearly 12,000 units) were gas-fired and impacted by changes to emission limits, 3 years. As such, 12 new boilers and in the Gas 1 subcategory, which are or boilers that are classified as small or process heaters are estimated to be subject to the rule but are not subject to limited use. affected by the proposed amendments. numeric emission limits. Another 472 For new sources, the EPA had Table 8 presents a summary table units were small or limited use and projected new sources anticipated to be comparing the number of existing and were also not subject to numeric built by 2015 from a baseline year of new affected sources, by subcategory. emission limits. By contrast, the EPA 2008.15 While the projections had The counts exclude small or limited use has reviewed compliance data anticipated correctly that the only new units.

TABLE 8—SUMMARY OF CHANGES TO NUMBER OF AFFECTED SOURCES

Subcategory Estimate of sources in 2013 final rule Estimate of sources in 2019 proposal

Existing-Biomass ...... 481 ...... 285. Existing-Coal ...... 606 ...... 124. Existing-Heavy Liquid ...... 291 ...... 6. Existing-Light Liquid ...... 260 ...... 24. Existing-Non-Continental Liquid ...... 19 ...... 5. Existing-Process Gas ...... 78 ...... 0. New-Biomass ...... 78 (projected online by 2015) ...... 8 (actual) + 4 (projected). New-Coal ...... 0 ...... 0. New-Heavy Liquid ...... 0 ...... 0. New-Light Liquid ...... 0 ...... 0. New-Non-Continental Liquid ...... 0 ...... 0. New-Process Gas ...... 0 ...... 0.

15 See docketed memorandum: Revised New Unit Boilers and Process Heaters National Emission Source. November 2011. Docket ID Item No. EPA– Analysis Industrial, Commercial, and Institutional Standards for Hazardous Air Pollutants—Major HQ–OAR–2002–0058–3388.

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B. What are the air quality impacts? changes to certain emission limits that would decrease by 2.3 tpy. In addition, Table 9 of this preamble illustrates, are anticipated to achieve additional the proposed amendments are estimated for each basic fuel subcategory, the reductions. The proposed amendments to result in an additional 393 tpy of incremental emissions reductions that are expected to result in an additional reductions in SO2 emissions. A would be achieved by the proposed 34 tpy of reductions in HCl emissions. discussion of the methodology used to amendments. The reductions are all The proposed amendments are also estimate emissions, emissions additional to the reductions accounted expected to have a modest effect on Hg, reductions, and incremental emission for in the January 2013 final rule for with an estimated additional reduction reductions is presented in the both new and existing sources. of 3.96 lbs per year. Emissions of memorandum, Revised (2019) Nationwide emissions of selected HAP filterable PM would decrease by 333 Methodology for Estimating Impacts for (i.e., HCl, hydrogen fluoride, Hg, metals) tpy, of which 251 tpy is PM2.5, due to Industrial, Commercial, Institutional would be reduced by an additional the proposed amendments. Emissions of Boilers and Process Heaters National 37.35 tpy as compared to the estimates non-Hg metals (i.e., antimony, arsenic, Emission Standards for Hazardous Air in the January 2013 final rule. This beryllium, cadmium, chromium, cobalt, Pollutants, which is available in the additional decrease is due mainly to lead, manganese, nickel, and selenium) docket for this action.

TABLE 9—SUMMARY OF TOTAL EMISSIONS REDUCTIONS FOR THE PROPOSED RULE [Tons/Yr]

Source Subcategory HCl PM Non-Hg Hg metals 1

Exiting Units ...... Coal ...... 9.8 0 0 1.88E–03 Biomass ...... 14.5 333 2.3 1.79E–04 New Units ...... Biomass ...... 9.8 0 0 0 1 Antimony, arsenic, beryllium, cadmium, chromium, cobalt, lead, manganese, nickel, and selenium.

C. What are the cost impacts? These costs are incremental to the costs cost methodology and results are presented in the January 2013 final rule documented in the memorandum, We estimated the total capital costs of in the sense that they show where units Revised (2019) Methodology for the proposed amendments to be about with compliance data must install add- Estimating Impacts for Industrial, $83 million and the total annualized on controls or modify compliance Commercial, Institutional Boilers and costs to be about $22 million in 2016 strategies in order to meet the more Process Heaters National Emission dollars. The total capital and annual stringent limits in this proposal. Table Standards for Hazardous Air Pollutants, costs include costs for control devices, 10 of this preamble shows the total which is available in the docket for this testing, and monitoring associated with capital and annual cost impacts of the action. the changes to the emission limits. proposed rule for each subcategory. The

TABLE 10—SUMMARY OF TOTAL CAPITAL AND ANNUAL COSTS FOR NEW AND EXISTING SOURCES FOR THE PROPOSED RULE [2016$]

Testing and Estimated/ monitoring Annualized Source Subcategory projected Capital costs annualized cost number of (106 $) (106 $/yr) affected units costs (106 $/yr)

Existing Units Coal ...... 2 0.803 0.006 0.327 Biomass ...... 26 81.1 0.267 20.5 New Units ...... Solid units (all biomass) 5 0.952 0.017 0.653

In addition, another way to present discount rate of 3 percent. These HCl would be 0.64 million gallons per compliance costs is the PV. A PV is an estimates are also in 2016 dollars. More year for new and existing sources estimate of costs that is a discounted information on the PV and EAV compared to the current baseline. In stream of the annualized costs for the estimates can be found in the RIA for addition to the increased water usage, proposal calculated for the present day. this proposal that is in the docket for an additional 0.27 million gallons per The PV in 2016 of the costs is $103.7 this action. year of wastewater would be produced million at a discount rate of 7 percent for new and existing sources. The D. What are the secondary impacts? and $128.1 million at 3 percent. annual costs of treating the additional Calculated as an EAV, which is The EPA estimated the additional wastewater are approximately $1,830. consistent with the PV of costs in 2016, water usage that would result from These additional costs are accounted for the costs are $17.4 million at a discount installing wet scrubbers to meet the in the control cost estimates. rate of 7 percent and $18.3 million at a proposed amended emission limits for

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The EPA estimated the additional are calculated as the percentage of total morbidity) of reducing 1 ton of PM2.5 (or solid waste that would result due to the annualized costs incurred by affected PM2.5 precursor such as nitrogen oxide proposed amendments to be 1,550 tpy parent owners to their annual revenues. or SO2) from a specified source. for new and existing sources. Solid This ratio of total annualized costs to Specifically, in this analysis, we waste is generated from flyash and dust annual revenues provides a measure of multiplied the estimates from the captured in fabric filters and the direct economic impact to parent ‘‘Industrial Point Sources’’ sector by the electrostatic precipitators (ESP) owners of affected facilities while corresponding emission reductions. installed for PM and Hg controls as well presuming no passthrough of costs to This assumes that the emissions as from spent materials from wet consumers of output produced by these reductions from this proposed rule for scrubbers and sorbent injection systems facilities. We estimate that none of the industrial boilers scale linearly with the installed for additional HCl controls. 26 parent owners affected by this BPT Industrial Point Sources sector. The The costs of handling the additional proposal will incur total annualized method used to derive these estimates is solid waste generated are $74,100. costs of 0.70 percent or greater of their described in the Technical Support These costs are also accounted for in the revenues. Thus, these economic impacts Document on estimating the BPT of control costs estimates. are quite low for the affected companies reducing PM2.5 and its precursors from The EPA estimated the proposed and the multiple affected industries, 17 sectors.18 One limitation of using the amendments would result in an increase and consumers of affected output BPT approach is an inability to provide of about 29.5 million kilowatts per year should experience minimal price estimates of the health benefits in national energy usage from the changes. associated with exposure to HAP (HCl, electricity required to operate control for example), CO, nitrogen dioxide, or F. What are the benefits? devices, such as wet scrubbers, ESPs, ozone. The photochemical modeled and fabric filters which are expected to The EPA reports the estimated impact emissions of the industrial point source be installed to meet the proposed rule. on health benefits from changes in PM2.5 sector-attributable PM2.5 concentrations This energy requirement is estimated to and SO2 emissions. The estimated used to derive the BPT values may not result in an increase of approximately health co-benefits are the monetized match the change in air quality resulting 17,740 tpy CO2 based on emissions value of the human health benefits from the emissions controls. The PM2.5 related to additional energy among populations exposed to changes emission reductions resulting from this consumption. in PM2.5. These benefits are co-benefits rule are approximately 0.4 percent of A discussion of the methodology used in this analysis since these pollutants the PM2.5 annual emissions and 0.04 to estimate impacts is presented in the are not targeted for control by this percent of the SO2 emissions Revised (2019) Methodology for proposal. This rule is expected to alter attributable to the BPT Industrial Point Estimating Impacts for Industrial, the emissions of PM2.5 (and SO2). Due to Sources. For this reason, the health co- Commercial, Institutional Boilers and the small change in emissions expected, benefits reported in Table 11 may be Process Heaters National Emission we used the ‘‘benefit per ton’’ (BPT) larger, or smaller, than those realized Standards for Hazardous Air Pollutants, approach to estimate the benefits of this through this rule. We are taking which is available in the docket for this rulemaking. The EPA has applied this comment on the modeling assumptions action. approach in several previous RIAs 16 in behind the benefits analysis results which the economic value of human mentioned above as well as the utility E. What are the economic impacts? health impacts are derived at the of performing full-form (i.e., full-scale) The EPA conducted an economic national level based on previously photochemical modeling for the final impact analysis for this proposal, as established source-receptor rule. detailed in the Regulatory Impact relationships from photochemical air Table 11 summarizes the monetized Analysis for the Proposed ICI Boilers quality modeling.17 These BPT PM-related health benefits per ton or NESHAP Reconsideration, which is estimates provide the total monetized reducing precursor pollutant emissions, available in the docket for this action. human health benefits (the sum of using discount rates of 3 percent and 7 The economic impacts of the proposal premature mortality and premature percent.

TABLE 11—ESTIMATED PM2.5-RELATED BENEFITS PER TON OF PROPOSED ICI BOILERS AND PROCESS HEATERS MACT RECONSIDERATION

Epidemiologic study used to quantify PM-related premature deaths Krewski et al. (2009) Lepeule et al. (2012) Pollutant BPT BPT BPT BPT (3-percent (7-percent (3-percent (7-percent discount rate) discount rate) discount rate) discount rate)

PM2.5 ...... $330,000 $300,000 $790,000 $690,000 SO2 ...... 52,000 47,000 120,000 100,000

16 U.S. EPA. Regulatory Impact Analysis for the and Regulatory Impact Analysis for the Particulate air pollution. Air Qual Atmos Health. Federal Implementation Plans to Reduce Interstate Matter National Ambient Air Quality Standards; 2009;2(3):169–176. doi:10.1007/s11869–009–0044– Transport of Fine Particulate Matter and Ozone in December 2012. 0. 27 States; Correction of SIP Approvals for 22 States. 17 Fann N, Fulcher CM, Hubbell BJ. The influence 18 U.S. EPA, Technical Support Document. June 2011; Regulatory Impact Analysis for the Final of location, source, and emission type in estimates Estimating the Benefit per Ton of Reducing PM2.5 Mercury and Air Toxics Standards, December 2011; of the human health benefits of reducing a ton of Precursors from 17 Sectors. February 2018.

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Table 12 summarizes the range of two BPT estimates at discount rates of estimated benefits by pollutant for the 3 percent and 7 percent.

TABLE 12—ESTIMATED PM2.5-RELATED HEALTH BENEFITS OF PROPOSED ICI BOILERS AND PROCESS HEATERS MACT RECONSIDERATION

Epidemiologic study used to quantify PM and SO2-related premature deaths Krewski et al. (2009) Lepeule et al. (2012) Benefits Benefits Benefits Benefits Pollutant (millions of 2016$, (millions of 2016$, (millions of 2016$, (millions of 2016$, 3-percent 7-percent 3-percent 7-percent discount rate) discount rate) discount rate) discount rate)

PM2.5 ...... $84 $76 $200 $170 SO2 ...... 21 19 49 40

Total ...... 110 95 250 210

All BPT estimates have inherent including any comments or corrections were found to be unnecessary. We also limitations. Specifically, all national- to the underlying data used to compute seek comment on these revisions. A average BPT estimates reflect the those emission limits, the selection of draft of the language we would propose geographic distribution of the modeled beyond-the-floor limits for certain to accomplish these revisions is emissions, which may not exactly match subcategories. The EPA is also seeking included in the docket. the emission reductions in this input on the inventory of units used to VII. Statutory and Executive Order rulemaking, and they may not reflect quantify the impacts of these proposed Reviews local variability in population density, amendments, which relied on real meteorology, exposure, baseline health compliance data submitted to CEDRI Additional information about these incidence rates, or other local factors for and WebFIRE through April 2019, and statutes and Executive Orders can be any specific location. The the methodology used to quantify the found at https://www.epa.gov/laws- photochemical modeled emissions of impacts analysis discussed in section V regulations/laws-and-executive-orders. the industrial point source sector- of this preamble. The EPA is also A. Executive Order 12866: Regulatory attributable PM2.5 concentrations used seeking comments on the accuracy of Planning and Review and Executive to derive the BPT values may not match the control technology assessment and/ Order 13563: Improving Regulation and well the change in air quality resulting or whether there are other compliance Regulatory Review from the emissions controls. For this options available to meet the proposed This action is an economically reason, the health benefits reported here revised emissions limits. Finally, we significant regulatory action that was may be larger, or smaller, than those request comment on the Agency’s submitted to OMB for review. Any realized by this rule. approach for using a Benefit per-Ton changes made in response to OMB There are also climate disbenefits value to quantify benefits as well as the recommendations have been from the increase in CO emissions that utility of performing full-form modeling 2 documented in the docket. The RIA for result from the increase in national for the final rule. the ICI Boilers NESHAP energy use from control device The current version of this regulation Reconsideration contains the estimated operation. The disbenefits are $0.09 contains language which details how costs, benefits, and other impacts million at a 3-percent discount rate and facilities that seek to monitor CO2 in associated with this action, and it is $0.01 million at a 7-percent discount lieu of oxygen as part of their CEMS available in the docket. rate. These calculations reflect the used to demonstrate compliance with domestic social cost of carbon for CO2 the CO emission limits in this subpart B. Executive Order 13771: Reducing for 2025, the year for which benefits are must have this approach approved as an Regulations and Controlling Regulatory estimated that is an approximation for alternative method before doing so. The Costs 2023, the year of full rule compliance. EPA is seeking comment on replacing This action is expected to be an These disbenefits are included in the the requirement to have approval of an Executive Order 13771 regulatory estimates of benefits and net benefits for alternative test method with a required action. Details on the estimated costs of this proposal. methodology to be followed when this proposed rule can be found in the The benefit analysis for this proposal monitoring CO2 in lieu of oxygen as the EPA’s analysis of the potential costs and is detailed in the Regulatory Impact diluent for CO which would account for benefits associated with this action, Analysis for the Proposed ICI Boilers any changes in CO2 emission levels which is the RIA for this proposal. and Process Heaters NESHAP caused by a control device, etc. Reconsideration, which is available in Additionally, the EPA believes it is C. Paperwork Reduction Act (PRA) the docket for this action. appropriate to expand this language to The new information collection the monitoring of all pollutants when activities imposed by this proposed rule VI. Request for Comments CO2 is used as the diluent and seeks have been submitted for approval to The EPA is seeking comments on the comment on this as well. Finally, in the OMB under the PRA. The Information issues raised in this proposal. It will not course of reviewing the monitoring Collection Request (ICR) document that respond to comments addressing any language under 40 CFR part 63, subpart the EPA prepared has been assigned other issues. Specifically, the EPA is DDDDD, the EPA is proposing to remove EPA ICR number 2028.10. You can find seeking comments on the revised MACT several requirements for the continuous a copy of the ICR in the docket for this floor emission limit calculations, monitoring of moisture and flow which rule, and it is briefly summarized here.

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The information requirements are An agency may not conduct or Thus, Executive Order 13175 does not based on notification, recordkeeping, sponsor, and a person is not required to apply to this action. and reporting requirements in the respond to, a collection of information H. Executive Order 13045: Protection of NESHAP General Provisions (40 CFR unless it displays a currently valid OMB Children From Environmental Health part 63, subpart A), which are control number. The OMB control Risks and Safety Risks mandatory for all operators subject to numbers for the EPA’s regulations in 40 national emission standards. These CFR are listed in 40 CFR part 9. The EPA interprets Executive Order recordkeeping and reporting Submit your comments on the 13045 as applying to those regulatory requirements are specifically authorized Agency’s need for this information, the actions that concern environmental by section 114 of the CAA (42 U.S.C. accuracy of the provided burden health or safety risks that the EPA has 7414). All information submitted to the estimates, and any suggested methods reason to believe may EPA pursuant to the recordkeeping and for minimizing respondent burden to disproportionately affect children, per reporting requirements for which a the EPA using the docket identified at the definition of ‘‘covered regulatory claim of confidentiality is made is the beginning of this rule. The EPA will action’’ in section 2–202 of the safeguarded according to agency respond to any ICR-related comments in Executive Order. This action is not policies set forth in 40 CFR part 2, the final rule. subject to Executive Order 13045 subpart B. because it does not concern an The proposed amendments change D. Regulatory Flexibility Act (RFA) environmental health risk or safety risk. several emission limits as part of the I certify that this action will not have I. Executive Order 13211: Actions EPA’s response to the remand granted a significant economic impact on a Concerning Regulations That on December 23, 2016, by the D.C. substantial number of small entities Significantly Affect Energy Supply, Circuit. The changes result in more under the RFA. This action will not Distribution, or Use stringent emission limits in some cases, impose any requirements on small This action is not a ‘‘significant which is expected to require additional entities. Of the 26 entities determined to energy action’’ because it is not likely to recordkeeping and reporting burden. be impacted by this action, only one is have a significant adverse effect on the This increase is a result of additional a small entity. This small entity is supply, distribution or use of energy. monitoring and control devices expected to not incur any costs The energy impacts estimated for this anticipated to be installed to comply associated with this action. More proposed rule increased only slightly with the more stringent emission limits information on these small entity the energy impacts estimated for the in the proposed amendments. With impacts is available in the RIA for this March 21, 2011, final rule which was additional control devices, comes proposal. additional control device parametric concluded not to be a significant monitoring, or in the case of CO, E. Unfunded Mandates Reform Act regulatory action under Executive Order continuous emissions monitoring, and (UMRA) 13211. Therefore, we conclude that this proposed rule, when implemented, is the associated records of that This action does not contain any not likely to have a significant adverse monitoring that must be maintained on- unfunded mandate as described in effect on the supply, distribution, or use site and reported. Over the next 3 years, UMRA, 2 U.S.C. 1531–1538, and does of energy. approximately 25 respondents operating not significantly or uniquely affect small existing large solid fuel-fired boilers and governments. The action imposes no J. National Technology Transfer and three respondents operating new solid enforceable duty on any state, local, or Advancement Act (NTTAA) fuel-fired boilers will be impacted by tribal governments or the private sector. This rulemaking does not involve the new requirements under the technical standards. standard as a result of these F. Executive Order 13132: Federalism amendments. In addition to the costs to This action does not have federalism K. Executive Order 12898: Federal install and maintain records of implications. It will not have substantial Actions To Address Environmental additional monitoring equipment, the direct effects on the states, on the Justice in Minority Populations and ICR details other additional record relationship between the national Low-Income Populations keeping and reporting burden changing government and the states, or on the The EPA believes that this action does records associated with adjusting distribution of power and not have disproportionately high and operating parameter limit values, responsibilities among the various adverse human health or environmental modifying monitoring plans, and levels of government. The action affects effects on minority populations, low- familiarizing themselves with the private industry and does not impose income populations, and/or indigenous changes in the proposed amendments. economic costs on State or local peoples, as specified in Executive Order Respondents/affected entities: governments. 12898 (59 FR 7629, February 16, 1994). Owners or operators of ICI boilers and The documentation for this decision G. Executive Order 13175: Consultation process heaters. is contained in the preamble to the and Coordination With Indian Tribal Respondent’s obligation to respond: March 2011 final rule (see 76 FR 15662). Governments Mandatory, 40 CFR part 63. For the March 2011 final rule, the EPA Estimated number of respondents: 28. This action does not have tribal determined that the rule would not have Frequency of response: Semi-annual, implications as specified in Executive disproportionately high and adverse annual, periodic. Order 13175. It will not have substantial human health or environmental effects Total estimated burden: 1,080 hours direct effects on tribal governments, on on minority or low-income populations (per year). Burden is defined at 5 CFR the relationship between the federal because it increases the level of 1320.3(b). government and Indian tribes, or on the environmental protection for all affected Total estimated cost: $307,000 (per distribution of power and populations without having any year), includes $180,000 annualized responsibilities between the federal disproportionately high and adverse capital or operation and maintenance government and Indian tribes, as human health or environmental effects costs. specified in Executive Order 13175. on any population, including any

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minority or low-income population. an alternative applicable only to boilers Tables 1 and 2 or 11 through 15 to this Compared to the final rule, the proposed that generate only electricity. Boilers subpart, the annual tune-up, or the amendments are somewhat more that perform multiple functions energy assessment requirements in stringent for some subcategories and, (cogeneration and electricity generation) Table 3 to this subpart, or the operating thus, the overall increased health or supply steam to common headers limits in Table 4 to this subpart. benefits demonstrate that the conclusion would calculate a total steam energy * * * * * from the environmental justice analysis output using equation 21 of § 63.7575 to conducted for the final rule are still demonstrate compliance with the (e) Boilers and process heaters in the valid. output-based emission limits, in units of units designed to burn gas 1 fuels pounds per million Btu of steam output, subcategory with a heat input capacity List of Subjects in 40 CFR Part 63 in Tables 1 or 2 to this subpart. If you of less than or equal to 5 million Btu per Environmental protection, Air operate a new boiler or process heater, hour must complete a tune-up every 5 pollution control, Hazardous you can choose to comply with years as specified in § 63.7540. Boilers substances, Reporting and alternative limits as discussed in and process heaters in the units recordkeeping requirements. paragraphs (a)(1)(i) through (a)(1)(iv) of designed to burn gas 1 fuels subcategory Andrew Wheeler, this section, but on or after [DATE 3 with a heat input capacity greater than Administrator. YEARS AFTER DATE OF 5 million Btu per hour and less than 10 PUBLICATION OF FINAL RULE IN million Btu per hour must complete a For the reasons stated in the THE Federal Register], you must tune-up every 2 years as specified in preamble, 40 CFR part 63 is proposed to comply with the emission limits in § 63.7540. Boilers and process heaters in be amended as follows: Table 1 to this subpart. If you operate the units designed to burn gas 1 fuels PART 63—NATIONAL EMISSION an existing boiler or process heater, you subcategory are not subject to the STANDARDS FOR HAZARDOUS AIR can choose to comply with alternative emission limits in Tables 1 and 2 or 11 POLLUTANTS FOR SOURCE limits as discussed in paragraphs through 15 to this subpart, or the CATEGORIES (a)(1)(v) of this section, but on or after operating limits in Table 4 to this [DATE 3 YEARS AFTER DATE OF subpart. ■ PUBLICATION OF FINAL RULE IN 1. The authority citation for part 63 * * * * * continuous to read as follows: THE Federal Register] you must comply with the emission limits in Table 2 to ■ 3. Section 63.7505 is amended by Authority: 42 U.S.C. 7401, et seq. this subpart. revising paragraph (c) to read as follows: Subpart DDDDD—National Emission (i) If your boiler or process heater commenced construction or § 63.7505 What are my general Standards For Hazardous Air requirements for complying with this Pollutants For Major Sources: reconstruction after June 4, 2010, and subpart? Industrial, Commercial, And before May 20, 2011, you may comply * * * * * Institutional Boilers And Process with the emission limits in Table 11 or Heaters 14 to this subpart until January 31, (c) You must demonstrate compliance 2016. with all applicable emission limits ■ 2. Section 63.7500 is amended by (ii) If your boiler or process heater using performance stack testing, fuel revising paragraph (a) introductory text commenced construction or analysis, or continuous monitoring and paragraphs (a)(1), (c), and (e) to read reconstruction on or after May 20, 2011, systems (CMS), including a continuous as follows: and before December 23, 2011, you may emission monitoring system (CEMS), § 63.7500 What emission limitations, work comply with the emission limits in continuous opacity monitoring system practice standards, and operating limits Table 12 or 14 to this subpart until (COMS), continuous parameter must I meet? January 31, 2016. monitoring system (CPMS), or (a) You must meet the requirements in (iii) If your boiler or process heater particulate matter continuous parameter paragraphs (a)(1) through (3) of this commenced construction or monitoring system (PM CPMS), where section, except as provided in reconstruction on or after December 23, applicable. You may demonstrate paragraphs (b) through (e) of this 2011, and before April 1, 2013, you may compliance with the applicable section. You must meet these comply with the emission limits in emission limit for hydrogen chloride requirements at all times the affected Table 13 or 14 to this subpart until (HCl), mercury, or total selected metals unit is operating, except as provided in January 31, 2016. (TSM) using fuel analysis if the paragraph (f) of this section. (iv) If you operate a new boiler or emission rate calculated according to (1) You must meet each emission process heater, you may comply with § 63.7530(c) is less than the applicable limit and work practice standard in the emission limits in Table 1 or 14 emission limit. For gaseous fuels, you Tables 1 through 3, and 11 through 15 until you must comply with the may not use fuel analyses to comply to this subpart that applies to your emission limits in Table 1 to this with the TSM alternative standard or boiler or process heater, for each boiler subpart. the HCl standard. Otherwise, you must (v) If you operate an existing boiler or or process heater at your source, except demonstrate compliance for HCl, process heater, you may comply with as provided under § 63.7522. The mercury, or TSM using performance the emission limits in Table 2 or 15 output-based emission limits, in units of stack testing, if subject to an applicable until you must comply with the pounds per million Btu of steam output, emission limit listed in Tables 1, 2, or emission limits in Table 2 to this in Tables 1 or 2 to this subpart are an 11 through 15 to this subpart. alternative applicable only to boilers subpart. and process heaters that generate either * * * * * * * * * * steam, cogenerate steam with electricity, (c) Limited-use boilers and process ■ 4. Section 63.7510 is amended by or both. The output-based emission heaters must complete a tune-up every revising paragraph (a) introductory text limits, in units of pounds per megawatt- 5 years as specified in § 63.7540. They and paragraphs (b), (c), (f), and (j) to hour, in Tables 1 or 2 to this subpart are are not subject to the emission limits in read as follows:

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§ 63.7510 What are my initial compliance this subpart, you must demonstrate maximum chloride input level is requirements and by what date must I compliance with the applicable waived unless the stack test is conduct them? emission limit in Table 14 no later than conducted for HCl. The requirement to (a) For each boiler or process heater July 29, 2016. test at maximum mercury input level is that is required or that you elect to (2) If you are demonstrating waived unless the stack test is demonstrate compliance with any of the compliance with an emission limit in conducted for mercury. The applicable emission limits in Tables 1 or Table 14 to this subpart that is less requirement to test at maximum TSM 2 or 11 through 15 of this subpart stringent (that is, higher) than the input level is waived unless the stack through performance (stack) testing, applicable emission limit in Table 1 to test is conducted for TSM. your initial compliance requirements this subpart, you must demonstrate (c) If a performance test shows include all the following: compliance with the applicable emissions exceeded the emission limit * * * * * emission limit in Table 1 to this subpart or 75 percent of the emission limit (as (b) For each boiler or process heater no later than [date 3 years after date of specified in Tables 1 and 2 or 11 that you elect to demonstrate publication of final rule in the Federal through 15 to this subpart) for a compliance with the applicable Register]. pollutant, you must conduct annual emission limits in Tables 1 or 2 or 11 * * * * * performance tests for that pollutant through 15 to this subpart for HCl, (j) For existing affected sources (as until all performance tests over a mercury, or TSM through fuel analysis, defined in § 63.7490) that have not consecutive 2-year period meet the your initial compliance requirement is operated between the effective date of required level (at or below 75 percent of to conduct a fuel analysis for each type the rule and the compliance date that is the emission limit, as specified in of fuel burned in your boiler or process specified for your source in § 63.7495, Tables 1 and 2 or 11 through 15 to this heater according to § 63.7521 and Table you must complete the initial subpart). 6 to this subpart and establish operating compliance demonstration, if subject to * * * * * limits according to § 63.7530 and Table the emission limits in Tables 2 or 14, to (e) If you demonstrate compliance 8 to this subpart. The fuels described in this subpart, as applicable, as specified with the mercury, HCl, or TSM based on paragraph (a)(2)(i) and (ii) of this section in paragraphs (a) through (d) of this fuel analysis, you must conduct a are exempt from these fuel analysis and section, no later than 180 days after the monthly fuel analysis according to operating limit requirements. The fuels re-start of the affected source and § 63.7521 for each type of fuel burned described in paragraph (a)(2)(ii) of this according to the applicable provisions that is subject to an emission limit in section are exempt from the chloride in § 63.7(a)(2) as cited in Table 10 to this Tables 1, 2, or 11 through 15 to this fuel analysis and operating limit subpart. You must complete an initial subpart. You may comply with this requirements. Boilers and process tune-up by following the procedures monthly requirement by completing the heaters that use a CEMS for mercury or described in § 63.7540(a)(10)(i) through fuel analysis any time within the HCl are exempt from the performance (vi) no later than 30 days after the re- calendar month as long as the analysis testing and operating limit requirements start of the affected source and, if is separated from the previous analysis specified in paragraph (a) of this section applicable, complete the one-time by at least 14 calendar days. If you burn for the HAP for which CEMS are used. energy assessment specified in Table 3 a new type of fuel, you must conduct a (c) If your boiler or process heater is to this subpart, no later than the fuel analysis before burning the new subject to a carbon monoxide (CO) limit, compliance date specified in § 63.7495. type of fuel in your boiler or process your initial compliance demonstration * * * * * heater. You must still meet all for CO is to conduct a performance test ■ 5. Section 63.7515 is amended by applicable continuous compliance for CO according to Table 5 to this revising paragraphs (b), (c), (e), (g), and requirements in § 63.7540. If each of 12 subpart or conduct a performance (i) to read as follows: consecutive monthly fuel analyses evaluation of your continuous CO § 63.7515 When must I conduct demonstrates 75 percent or less of the monitor, if applicable, according to subsequent performance tests, fuel compliance level, you may decrease the § 63.7525(a). Boilers and process heaters analyses, or tune-ups? fuel analysis frequency to quarterly for that use a CO CEMS to comply with the * * * * * that fuel. If any quarterly sample applicable alternative CO CEMS (b) If your performance tests for a exceeds 75 percent of the compliance emission standard listed in Tables 1, 2, given pollutant for at least 2 consecutive level or you begin burning a new type or 11 through 15 to this subpart, as years show that your emissions are at or of fuel, you must return to monthly specified in § 63.7525(a), are exempt below 75 percent of the emission limit monitoring for that fuel, until 12 months from the initial CO performance testing (or, in limited instances as specified in of fuel analyses are again less than 75 and oxygen concentration operating Tables 1 and 2 or 11 through 15 to this percent of the compliance level. If limit requirements specified in subpart, at or below the emission limit) sampling is conducted on 1 day per paragraph (a) of this section. for the pollutant, and if there are no month, samples should be no less than * * * * * changes in the operation of the 14 days apart, but if multiple samples (f) For new or reconstructed affected individual boiler or process heater or air are taken per month, the 14-day sources (as defined in § 63.7490), you pollution control equipment that could restriction does not apply. must complete the initial compliance increase emissions, you may choose to * * * * * demonstration with the emission limits conduct performance tests for the (g) For affected sources (as defined in no later than July 30, 2013, or within pollutant every third year. Each such § 63.7490) that have not operated since 180 days after startup of the source, performance test must be conducted no the previous compliance demonstration whichever is later. more than 37 months after the previous and more than 1 year has passed since (1) If you are demonstrating performance test. If you elect to the previous compliance demonstration, compliance with an emission limit in demonstrate compliance using emission you must complete the subsequent Tables 11 through 13 to this subpart that averaging under § 63.7522, you must compliance demonstration, if subject to is less stringent (that is, higher) than the continue to conduct performance tests the emission limits in Tables 1, 2, or 11 applicable emission limit in Table 14 to annually. The requirement to test at through 15 to this subpart, no later than

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180 days after the re-start of the affected procedures in paragraphs (b) through (e) ■ 8. Section 63.7522 is amended by source and according to the applicable of this section and Table 6 to this revising paragraph (b) introductory text provisions in § 63.7(a)(2) as cited in subpart, as applicable. For solid fuels and paragraphs (d), (e)(1), (2), (h), and Table 10 to this subpart. You must and liquid fuels, you must also conduct (j)(1) to read as follows: complete a subsequent tune-up by fuel analyses for TSM if you are opting following the procedures described in to comply with the TSM alternative § 63.7522 Can I use emissions averaging to comply with this subpart? § 63.7540(a)(10)(i) through (vi) and the standard. For gas 2 (other) fuels, you schedule described in § 63.7540(a)(13) must conduct fuel analyses for mercury * * * * * for units that are not operating at the according to the procedures in (b) For a group of two or more existing time of their scheduled tune-up. paragraphs (b) through (e) of this section boilers or process heaters in the same * * * * * and Table 6 to this subpart, as subcategory that each vent to a separate (i) If you operate a CO CEMS that applicable. For gaseous fuels, you may stack, you may average PM (or TSM), meets the Performance Specifications not use fuel analyses to comply with the HCl, or mercury emissions among outlined in § 63.7525(a)(3) of this TSM alternative standard or the HCl existing units to demonstrate subpart to demonstrate compliance with standard. For purposes of complying compliance with the limits in Table 2 or the applicable alternative CO CEMS with this section, a fuel gas system that 15 to this subpart as specified in emission standard listed in Tables 1, 2, consists of multiple gaseous fuels paragraph (b)(1) through (3) of this or 11 through 15 to this subpart, you are collected and mixed with each other is section, if you satisfy the requirements not required to conduct CO performance considered a single fuel type and in paragraphs (c) through (g) of this tests and are not subject to the oxygen sampling and analysis is only required section. concentration operating limit on the combined fuel gas system that * * * * * requirement specified in § 63.7510(a). will feed the boiler or process heater. (d) The averaged emissions rate from ■ 6. Section 63.7520 is amended by Sampling and analysis of the individual the existing boilers and process heaters revising paragraph (d) to read as gaseous streams prior to combining is participating in the emissions averaging follows: not required. You are not required to option must not exceed 90 percent of conduct fuel analyses for fuels used for the limits in Table 2 or 15 to this § 63.7520 What stack tests and procedures only startup, unit shutdown, and must I use? subpart at all times the affected units are transient flame stability purposes. You subject to numeric emission limits * * * * * are required to conduct fuel analyses following the compliance date specified (d) You must conduct a minimum of only for fuels and units that are subject in § 63.7495. three separate test runs for each to emission limits for mercury, HCl, or (e) * * * performance test required in this TSM in Tables 1 and 2 or 11 through 15 section, as specified in § 63.7(e)(3). Each (1) You must use Equation 1a or 1b or to this subpart. Gaseous and liquid fuels 1c of this section to demonstrate that the test run must comply with the are exempt from the sampling minimum applicable sampling times or PM (or TSM), HCl, or mercury requirements in paragraphs (c) and (d) emissions from all existing units volumes specified in Tables 1 and 2 or of this section. 11 through 15 to this subpart. participating in the emissions averaging * * * * * option for that pollutant do not exceed * * * * * (c) * * * ■ 7. Section 63.7521 is amended by the emission limits in Table 2 or 15 to (1) * * * this subpart. Use Equation 1a if you are revising paragraphs (a) and (c)(1)(ii) to (ii) Each composite sample will read as follows: complying with the emission limits on consist of a minimum of three samples a heat input basis, use Equation 1b if § 63.7521 What fuel analyses, fuel collected at approximately equal you are complying with the emission specification, and procedures must I use? intervals during the testing period for limits on a steam generation (output) (a) For solid and liquid fuels, you sampling during performance stack basis, and use Equation 1c if you are must conduct fuel analyses for chloride testing. complying with the emission limits on and mercury according to the * * * * * a electric generation (output) basis.

Where: (or TSM), HCl, or mercury from unit, i, HCl or mercury or TSM using the AveWeightedEmissions = Average weighted in units of pounds per million Btu of applicable equation in § 63.7530(c). emissions for PM (or TSM), HCl, or heat input. Determine the emission rate Hm = Maximum rated heat input capacity of mercury, in units of pounds per million for PM (or TSM), HCl, or mercury by unit, i, in units of million Btu per hour. Btu of heat input. performance testing according to Table 5 n = Number of units participating in the Er = Emission rate (as determined during the to this subpart, or by fuel analysis for emissions averaging option. initial compliance demonstration) of PM 1.1 = Required discount factor.

Where: mercury, in units of pounds per million (or TSM), HCl, or mercury from unit, i, AveWeightedEmissions = Average weighted Btu of steam output. in units of pounds per million Btu of emissions for PM (or TSM), HCl, or Er = Emission rate (as determined during the steam output. Determine the emission initial compliance demonstration) of PM rate for PM (or TSM), HCl, or mercury by

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performance testing according to Table 5 according to § 63.7533, use the adjusted So = Maximum steam output capacity of to this subpart, or by fuel analysis for emission level for that unit, Eadj, unit, i, in units of million Btu per hour, HCl or mercury or TSM using the determined according to § 63.7533 for as defined in § 63.7575. applicable equation in § 63.7530(c). If that unit. n = Number of units participating in the you are taking credit for energy emissions averaging option. conservation measures from a unit 1.1 = Required discount factor.

Where: equation in § 63.7530(c). If you are taking input capacity of one or more boilers AveWeightedEmissions = Average weighted credit for energy conservation measures that generate steam, you may use emissions for PM (or TSM), HCl, or from a unit according to § 63.7533, use Equation 2 of this section as an mercury, in units of pounds per the adjusted emission level for that unit, Eadj, determined according to § 63.7533 alternative to using Equation 1a of this megawatt hour. section to demonstrate that the PM (or Er = Emission rate (as determined during the for that unit. initial compliance demonstration) of PM Eo = Maximum electric generating output TSM), HCl, or mercury emissions from capacity of unit, i, in units of megawatt (or TSM), HCl, or mercury from unit, i, all existing units participating in the hour, as defined in § 63.7575. in units of pounds per megawatt hour. emissions averaging option do not n = Number of units participating in the Determine the emission rate for PM (or emissions averaging option. exceed the emission limits for that TSM), HCl, or mercury by performance 1.1 = Required discount factor. pollutant in Table 2 or 15 to this subpart testing according to Table 5 to this that are in pounds per million Btu of (2) If you are not capable of subpart, or by fuel analysis for HCl or heat input. mercury or TSM using the applicable determining the maximum rated heat

Where: are determined by the use of Equation maintain a CO CEMS and an oxygen AveWeightedEmissions = Average weighted 6 of this section. analyzer according to the applicable emission level for PM (or TSM), HCl, or procedures under Performance mercury, in units of pounds per million Specification 4, 4A, or 4B at 40 CFR part Btu of heat input. 60, appendix B; part 75 of this chapter Er = Emission rate (as determined during the most recent compliance demonstration) Where: (if an CO2 analyzer is used); the site- of PM (or TSM), HCl, or mercury from En = HAP emission limit, pounds per million specific monitoring plan developed unit, i, in units of pounds per million British thermal units (lb/MMBtu) or according to § 63.7505(d); and the Btu of heat input. Determine the parts per million (ppm). requirements in § 63.7540(a)(8) and emission rate for PM (or TSM), HCl, or ELi = Appropriate emission limit from Table paragraph (a) of this section. Any boiler mercury by performance testing 2 or 15 to this subpart for unit i, in units or process heater that has a CO CEMS according to Table 5 to this subpart, or of lb/MMBtu or ppm. that is compliant with Performance by fuel analysis for HCl or mercury or Hi = Heat input from unit i, MMBtu. TSM using the applicable equation in Specification 4, 4A, or 4B at 40 CFR part * * * * * 60, appendix B, a site-specific § 63.7530(c). ■ 9. Section 63.7525 is amended by Sm = Maximum steam generation capacity by monitoring plan developed according to unit, i, in units of pounds per hour. revising paragraphs (a), (2), (2)(iv), (l), § 63.7505(d), and the requirements in Cfi = Conversion factor, calculated from the and (m) introductory text to read as § 63.7540(a)(8) and paragraph (a) of this most recent compliance test, in units of follows: section must use the CO CEMS to million Btu of heat input per pounds of § 63.7525 What are my monitoring, comply with the applicable alternative steam generated for unit, i. CO CEMS emission standard listed in 1.1 = Required discount factor. installation, operation, and maintenance requirements? Tables 1, 2, or 11 through 15 to this * * * * * subpart. (h) For a group of two or more (a) If your boiler or process heater is existing affected units, each of which subject to a CO emission limit in Tables * * * * * vents through a single common stack, 1, 2, or 11 through 15 to this subpart, (iv) Any CO CEMS that does not you may average PM (or TSM), HCl, or you must install, operate, and maintain comply with § 63.7525(a) cannot be mercury emissions to demonstrate an oxygen analyzer system, as defined used to meet any requirement in this compliance with the limits for that in § 63.7575, or install, certify, operate subpart to demonstrate compliance with pollutant in Table 2 or 15 to this subpart and maintain continuous emission a CO emission limit listed in Tables 1, if you satisfy the requirements in monitoring systems for CO and oxygen 2, or 11 through 15 to this subpart. paragraph (i) or (j) of this section. (or carbon dioxide (CO2)) according to * * * * * * * * * * the procedures in paragraphs (a)(1) (l) For each unit for which you decide (j) * * * through (6) of this section. to demonstrate compliance with the (1) Conduct performance tests * * * * * mercury or HCl emissions limits in according to procedures specified in (2) To demonstrate compliance with Tables 1 or 2 or 11 through 15 of this § 63.7520 in the common stack if the applicable alternative CO CEMS subpart by use of a CEMS for mercury affected units from other subcategories emission standard listed in Tables 1, 2, or HCl, you must install, certify, vent to the common stack. The emission or 11 through 15 to this subpart, you maintain, and operate a CEMS limits that the group must comply with must install, certify, operate, and measuring emissions discharged to the

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atmosphere and record the output of the If you use a wet scrubber and you compliance with the limits in Table 2 or system as specified in paragraphs (l)(1) conduct separate performance tests for 15 to this subpart at all times the through (8) of this section. For HCl, this PM and TSM emissions, you must affected unit is subject to numeric option for an affected unit takes effect establish one set of minimum scrubber emission limits, following the on the date a final performance liquid flow rate and pressure drop compliance date specified in § 63.7495. specification for a HCl CEMS is operating limits. If you conduct (f) You must use Equation 20 of this published in the Federal Register or the multiple performance tests, you must section to demonstrate initial date of approval of a site-specific set the minimum liquid flow rate and compliance by demonstrating that the monitoring plan. pressure drop operating limits at the emissions from the affected boiler (m) If your unit is subject to a HCl higher of the minimum values participating in the efficiency credit emission limit in Tables 1, 2, or 11 established during the performance compliance approach do not exceed the through 15 of this subpart and you have tests. emission limits in Table 2 or 15 to this an acid gas wet scrubber or dry sorbent * * * * * subpart. injection control technology and you (h) If you own or operate a unit elect to use an SO2 CEMS to subject to emission limits in Tables 1 or demonstrate continuous compliance 2 or 11 through 15 to this subpart, you Where: with the HCl emission limit, you must must meet the work practice standard Eadj = Emission level adjusted by applying install the monitor at the outlet of the according to Table 3 of this subpart. the efficiency credits earned, lb per boiler or process heater, downstream of During startup and shutdown, you must million Btu steam output (or lb per all emission control devices, and you only follow the work practice standards MWh) for the affected boiler. must install, certify, operate, and according to items 5 and 6 of Table 3 of Em = Emissions measured during the maintain the CEMS according to either this subpart. performance test, lb per million Btu steam output (or lb per MWh) for the part 60 or part 75 of this chapter. * * * * * affected boiler. * * * * * ■ 11. Section 63.7533 is amended by ECredits = Efficiency credits from Equation ■ 10. Section 63.7530 is amended by revising paragraphs (a), (e), and (f) to 19 for the affected boiler. revising paragraphs (b)(4)(ii)(E) and (iii) read as follows: * * * * * and the introductory text of paragraph ■ 12. Section 63.7540 is amended by: (h) to read as follows: § 63.7533 Can I use efficiency credits earned from implementation of energy ■ a. Revising paragraphs (a), (8), and § 63.7530 How do I demonstrate initial conservation measures to comply with this (19) introductory text; and compliance with the emission limitations, subpart? ■ b. Revising paragraphs (a)(8)(ii), (9), fuel specifications and work practice (a) If you elect to comply with the and (b). standards? alternative equivalent output-based The revisions read as follows: * * * * * emission limits, instead of the heat § 63.7540 How do I demonstrate (b) * * * input-based limits listed in Table 2 or continuous compliance with the emission (4) * * * 15 to this subpart, and you want to take limitations, fuel specifications and work (ii) * * * credit for implementing energy practice standards? (E) Use EPA Method 5 of appendix A conservation measures identified in an to part 60 of this chapter to determine (a) You must demonstrate continuous energy assessment, you may compliance with each emission limit in PM emissions. For each performance demonstrate compliance using test, conduct three separate runs under Tables 1 and 2 or 11 through 15 to this efficiency credits according to the subpart, the work practice standards in the conditions that exist when the procedures in this section. You may use affected source is operating at the Table 3 to this subpart, and the this compliance approach for an operating limits in Table 4 to this highest load or capacity level reasonably existing affected boiler for expected to occur. Conduct each test subpart that applies to you according to demonstrating initial compliance the methods specified in Table 8 to this run to collect a minimum sample according to § 63.7522(e) and for volume specified in Tables 1, 2, or 11 subpart and paragraphs (a)(1) through demonstrating monthly compliance (19) of this section. through 15 to this subpart, as according to § 63.7522(f). Owners or applicable, for determining compliance operators using this compliance * * * * * with a new source limit or an existing approach must establish an emissions (8) To demonstrate compliance with source limit. Calculate the average of the benchmark, calculate and document the the applicable alternative CO CEMS results from three runs to determine efficiency credits, develop an emission limit listed in Tables 1, 2, or compliance. You need not determine Implementation Plan, comply with the 11 through 15 to this subpart, you must the PM collected in the impingers general reporting requirements, and meet the requirements in paragraphs (‘‘back half’’) of the Method 5 apply the efficiency credit according to (a)(8)(i) through (iv) of this section. particulate sampling train to the procedures in paragraphs (b) * * * * * demonstrate compliance with the PM through (f) of this section. You cannot (ii) Maintain a CO emission level standards of this subpart. This shall not use this compliance approach for a new below or at your applicable alternative preclude the permitting authority from or reconstructed affected boiler. CO CEMS-based standard in Tables 1 or requiring a determination of the ‘‘back Additional guidance from the 2 or 11 through 15 to this subpart at all half’’ for other purposes. Department of Energy on efficiency times the affected unit is subject to * * * * * credits is available at: http:// numeric emission limits. (iii) For a particulate wet scrubber, www.epa.gov/ttn/atw/boiler/ * * * * * you must establish the minimum boilerpg.html. (9) The owner or operator of a boiler pressure drop and liquid flow rate as * * * * * or process heater using a PM CPMS or defined in § 63.7575, as your operating (e) The emissions rate as calculated a PM CEMS to meet requirements of this limits during the three-run performance using Equation 20 of this section from subpart shall install, certify (PM CEMS test during which you demonstrate each existing boiler participating in the only), operate, and maintain the PM compliance with your applicable limit. efficiency credit option must be in CPMS or PM CEMS in accordance with

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your site-specific monitoring plan as ■ 14. Section 63.7555 is amended by months of valid fuel analysis data. The required in § 63.7505(d). revising paragraph (d) introductory text 12 months should be consecutive, but * * * * * and paragraph (5) to read as follows: not necessarily continuous if operations were intermittent. (19) If you choose to comply with the § 63.7555 What records must I keep? * * * * * PM filterable emissions limit by using * * * * * PM CEMS you must install, certify, (d) For each boiler or process heater Other gas 1 fuel means a gaseous fuel operate, and maintain a PM CEMS and subject to an emission limit in Tables 1, that is not natural gas or refinery gas record the output of the PM CEMS as 2, or 11 through 15 to this subpart, you and does not exceed a maximum specified in paragraphs (a)(19)(i) must also keep the applicable records in mercury concentration of 40 through (vii) of this section. The paragraphs (d)(1) through (11) of this micrograms/cubic meters of gas. compliance limit will be expressed as a section. * * * * * 30-day rolling average of the numerical * * * * * Steam output *** emissions limit value applicable for (5) If, consistent with § 63.7515(b), * * * * * your unit in Tables 1 or 2 or 11 through you choose to stack test less frequently (3) For a boiler that generates only 15 of this subpart. than annually, you must keep a record electricity, the alternate output-based * * * * * that documents that your emissions in emission limits would be the (b) You must report each instance in the previous stack test(s) were less than appropriate emission limit from Table 1 which you did not meet each emission 75 percent of the applicable emission or 2 or 14 or 15 of this subpart in units limit and operating limit in Tables 1 limit (or, in specific instances noted in of pounds per million Btu heat input (lb through 4 or 11 through 15 to this Tables 1 and 2 or 11 through 15 to this per MWh). subpart that apply to you. These subpart, less than the applicable (4) For a boiler that performs multiple instances are deviations from the emission limit), and document that functions and produces steam to be emission limits or operating limits, there was no change in source used for any combination of paragraphs respectively, in this subpart. These operations including fuel composition (1), (2) and (3) of this definition that deviations must be reported according and operation of air pollution control includes electricity generation of to the requirements in § 63.7550. equipment that would cause emissions paragraph (3) of this definition, the total of the relevant pollutant to increase * * * * * energy output, in terms of MMBtu of within the past year. steam output, is the sum of the energy ■ 13. Section 63.7545 is amended by * * * * * content of steam sent directly to the revising paragraph (e)(3) to read as ■ 15. Section 63.7575 is amended by: process and/or used for heating (S1), the follows: ■ a. Adding, in alphabetical order, a energy content of turbine steam sent to definition for ‘‘12-month rolling § 63.7545 What notifications must I submit process plus energy in electricity and when? average’’; according to paragraph (2) of this ■ b. Revising the definition of ‘‘Other * * * * * definition (S2), and the energy content gas 1 fuel’’; and of electricity generated by a electricity (e) * * * ■ c. Revising paragraphs (3) and (4) only turbine as paragraph (3) of this under the definition of ‘‘Steam output.’’ (3) A summary of the maximum CO definition (MW3) and would be emission levels recorded during the The additions and revisions read as follows: calculated using Equation 21 of this performance test to show that you have section. In the case of boilers supplying met any applicable emission standard in § 63.7575 What definitions apply to this steam to one or more common headers, Tables 1, 2, or 11 through 15 to this subpart? S1, S2, and MW(3) for each boiler would subpart, if you are not using a CO CEMS * * * * * be calculated based on the its (steam to demonstrate compliance. 12-month rolling average means the energy) contribution (fraction of total * * * * * arithmetic mean of the previous 12 steam energy) to the common header.

Where: CFn = Conversion factor for the appropriate CFn PM and CO emission limits for boilers in one of the subcategories of units SOM = Total steam output for multi-function subcategory for converting electricity boiler, MMBtu generated according to paragraph (3) of designed to burn biomass = 12.1 CFn for emission limits for boilers in one of S = Energy content of steam sent directly to this definition to equivalent steam 1 the subcategories of units designed to the process and/or used for heating, energy, MMBtu/MWh CFn for emission limits for boilers in the unit burn liquid fuel = 11.2 MMBtu CFn for emission limits for boilers in the unit designed to burn solid fuel subcategory S2 = Energy content of turbine steam sent to designed to burn gas 2 (other) the process plus energy in electricity = 10.8 subcategory = 6.2 according to (2) above, MMBtu CFn PM and CO emission limits for boilers in one of the subcategories of units * * * * * MW(3) = Electricity generated according to ■ designed to burn coal = 11.7 16. Table 1 to subpart DDDDD is paragraph (3) of this definition, MWh amended to read as follows:

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TABLE 1 TO SUBPART DDDDD OF PART 63—EMISSION LIMITS FOR NEW OR RECONSTRUCTED BOILERS AND PROCESS HEATERS As stated in § 63.7500, you must comply with the following applicable emission limits: [Units with heat input capacity of 10 million Btu per hour or greater]

Or the emissions must not exceed If your boiler or process For the following pollut- The emissions must not exceed the the following alternative output- Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except based limits, except during startup ume or test run duration . . . category . . . during startup and shutdown . . . and shutdown . . .

1. Units in all subcat- a. HCl ...... 3.0E–04 lb per MMBtu of heat input 4.1E–04 lb per MMBtu of steam For M26A, collect a minimum of 1 egories designed to output or 3.9E–03 lb per MWh. dscm per run; for M26 collect a burn solid fuel. minimum of 120 liters per run. b. Mercury ...... 8.0E–07 a lb per MMBtu of heat 8.7E–07 a lb per MMBtu of steam For M29, collect a minimum of 4 input. output or 1.1E–05 a lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 4 dscm. 2. Units designed to a. Filterable PM (or 1.1E–03 lb per MMBtu of heat 1.1E–03 lb per MMBtu of steam Collect a minimum of 3 dscm per burn coal/solid fossil TSM). input; or (2.3E–05 lb per MMBtu output or 1.4E–02 lb per MWh; or run. fuel. of heat input). (2.7E–05 lb per MMBtu of steam output or 2.9E–04 lb per MWh). 3. Pulverized coal boil- a. Carbon monoxide 130 ppm by volume on a dry basis 0.11 lb per MMBtu of steam output 1 hr minimum sampling time. ers designed to burn (CO) (or CEMS). corrected to 3-percent oxygen, 3- or 1.4 lb per MWh; three-run av- coal/solid fossil fuel. run average; or (320 ppm by vol- erage. ume on a dry basis corrected to 3-percent oxygen,d 30-day rolling average). 4. Stokers/others de- a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.12 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn coal/ corrected to 3-percent oxygen, 3- or 1.4 lb per MWh; three-run av- solid fossil fuel. run average; or (340 ppm by vol- erage. ume on a dry basis corrected to 3-percent oxygen,d 30-day rolling average). 5. Fluidized bed units a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.11 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn coal/ corrected to 3-percent oxygen, 3- or 1.4 lb per MWh; three-run av- solid fossil fuel. run average; or (230 ppm by vol- erage. ume on a dry basis corrected to 3-percent oxygen,d 30-day rolling average). 6. Fluidized bed units a. CO (or CEMS) ...... 140 ppm by volume on a dry basis 1.2E–01 lb per MMBtu of steam 1 hr minimum sampling time. with an integrated corrected to 3-percent oxygen, 3- output or 1.5 lb per MWh; three- heat exchanger de- run average; or (150 ppm by vol- run average. signed to burn coal/ ume on a dry basis corrected to solid fossil fuel. 3-percent oxygen,d 30-day rolling average). 7. Stokers/sloped grate/ a. CO (or CEMS) ...... 590 ppm by volume on a dry basis 6.1E–01 lb per MMBtu of steam 1 hr minimum sampling time. others designed to corrected to 3-percent oxygen, 3- output or 6.5 lb per MWh; three- burn wet biomass fuel. run average; or (390 ppm by vol- run average. ume on a dry basis corrected to 3-percent oxygen,d 30-day rolling average). b. Filterable PM (or 1.3E–02 lb per MMBtu of heat 1.4E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (2.6E–05 lb per MMBtu output or 1.9E–01 lb per MWh; or run. of heat input). (2.7E–05 lb per MMBtu of steam output or 3.7E–04 lb per MWh). 8. Stokers/sloped grate/ a. CO ...... 460 ppm by volume on a dry basis 4.3E–01 lb per MMBtu of steam 1 hr minimum sampling time. others designed to corrected to 3-percent oxygen. output or 5.1 lb per MWh. burn kiln-dried bio- mass fuel. b. Filterable PM (or 3.0E–02 lb per MMBtu of heat 3.5E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (5.0E–03 lb per MMBtu output or 4.2E–01 lb per MWh; or run. of heat input). (5.2E–03 lb per MMBtu of steam output or 7.0E–02 lb per MWh). 9. Fluidized bed units a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 1.3E–01 lb per MMBtu of steam 1 hr minimum sampling time. designed to burn bio- corrected to 3-percent oxygen, 3- output or 1.5 lb per MWh; three- mass/bio-based solids. run average; or (310 ppm by vol- run average. ume on a dry basis corrected to 3-percent oxygen,d 30-day rolling average). b. Filterable PM (or 4.1E–03 lb per MMBtu of heat 5.0E–03 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (8.4E–06 a lb per MMBtu output or 5.8E–02 lb per MWh; or run. of heat input). (1.1E–05 a lb per MMBtu of steam output or 1.2E–04 a lb per MWh). 10. Suspension burners a. CO (or CEMS) ...... 220 ppm by volume on a dry basis 0.18 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn bio- corrected to 3-percent oxygen, 3- or 2.5 lb per MWh; three-run av- mass/bio-based solids. run average; or (2,000 ppm by erage. volume on a dry basis corrected to 3-percent oxygen,d 10-day roll- ing average).

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TABLE 1 TO SUBPART DDDDD OF PART 63—EMISSION LIMITS FOR NEW OR RECONSTRUCTED BOILERS AND PROCESS HEATERS—Continued As stated in § 63.7500, you must comply with the following applicable emission limits: [Units with heat input capacity of 10 million Btu per hour or greater]

Or the emissions must not exceed If your boiler or process For the following pollut- The emissions must not exceed the the following alternative output- Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except based limits, except during startup ume or test run duration . . . category . . . during startup and shutdown . . . and shutdown . . .

b. Filterable PM (or 3.0E–02 lb per MMBtu of heat 3.1E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (8.0E–03 lb per MMBtu output or 4.2E–01 lb per MWh; or run. of heat input). (8.1E–03 lb per MMBtu of steam output or 1.2E–01 lb per MWh). 11. Dutch Ovens/Pile a. CO (or CEMS) ...... 330 ppm by volume on a dry basis 3.5E–01 lb per MMBtu of steam 1 hr minimum sampling time. burners designed to corrected to 3-percent oxygen, 3- output or 3.6 lb per MWh; three- burn biomass/bio- run average; or (520 ppm by vol- run average. based solids. ume on a dry basis corrected to 3-percent oxygen,d 10-day rolling average). b. Filterable PM (or 2.5E–03 lb per MMBtu of heat 3.4E–03 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (3.9E–05 lb per MMBtu output or 3.5E–02 lb per MWh; or run. of heat input). (5.2E–05 lb per MMBtu of steam output or 5.5E–04 lb per MWh). 12. Fuel cell units de- a. CO ...... 910 ppm by volume on a dry basis 1.1 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn bio- corrected to 3-percent oxygen. or 1.0E+01 lb per MWh. mass/bio-based solids. b. Filterable PM (or 1.1E–02 lb per MMBtu of heat 2.0E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (2.9E–05 a lb per MMBtu output or 1.6E–01 lb per MWh; or run. of heat input). (5.1E–05 lb per MMBtu of steam output or 4.1E–04 lb per MWh). 13. Hybrid suspension a. CO (or CEMS) ...... 180 ppm by volume on a dry basis 0.22 lb per MMBtu of steam output 1 hr minimum sampling time. grate boiler designed corrected to 3-percent oxygen, or 2.0 lb per MWh; three-run av- to burn biomass/bio- three-run average; or (900 ppm erage. based solids. by volume on a dry basis cor- rected to 3-percent oxygen,d 30- day rolling average). b. Filterable PM (or 2.6E–02 lb per MMBtu of heat 3.3E–02 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (4.4E–04 lb per MMBtu output or 3.7E–01 lb per MWh; or run. of heat input). (5.5E–04 lb per MMBtu of steam output or 6.2E–03 lb per MWh). 14. Units designed to a. HCl ...... 7.0E–05 lb per MMBtu of heat input 7.7E–05 lb per MMBtu of steam For M26A: Collect a minimum of 2 burn liquid fuel. output or 9.7E–04 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. b. Mercury ...... 4.8E–07 a lb per MMBtu of heat 5.3E–07 a lb per MMBtu of steam For M29, collect a minimum of 4 input. output or 6.7E–06 a lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 4 dscm. 15. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn heavy liquid fuel. corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- three-run average. erage. b. Filterable PM (or 1.9E–03 lb per MMBtu of heat 2.1E–03 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (6.1E–06 lb per MMBtu output or 2.7E–02 lb per MWh; or run. of heat input). (6.7E–6 lb per MMBtu of steam output or 8.5E–5 lb per MWh). 16. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn light liquid fuel. corrected to 3-percent oxygen. or 1.4 lb per MWh. b. Filterable PM (or 1.1E–03 a lb per MMBtu of heat 1.2E–03 a lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (2.9E–05 lb per MMBtu output or 1.6E–02 a lb per MWh; run. of heat input). or (3.2E–05 lb per MMBtu of steam output or 4.0E–04 lb per MWh). 17. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn liquid fuel that corrected to 3-percent oxygen, 3- or 1.4 lb per MWh; three-run av- are non-continental run average based on stack test. erage. units. b. Filterable PM (or 2.3E–02 lb per MMBtu of heat 2.5E–02 lb per MMBtu of steam Collect a minimum of 4 dscm per TSM). input; or (8.6E–04 lb per MMBtu output or 3.2E–01 lb per MWh; or run. of heat input). (9.4E–04 lb per MMBtu of steam output or 1.2E–02 lb per MWh). 18. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.16 lb per MMBtu of steam output 1 hr minimum sampling time. burn gas 2 (other) corrected to 3-percent oxygen. or 1.0 lb per MWh. gases. b. HCl ...... 1.7E–03 lb per MMBtu of heat input 2.9E–03 lb per MMBtu of steam For M26A, Collect a minimum of 2 output or 1.8E–02 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. c. Mercury ...... 7.9E–06 lb per MMBtu of heat input 1.4E–05 lb per MMBtu of steam For M29, collect a minimum of 3 output or 8.3E–05 lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 3 dscm.

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TABLE 1 TO SUBPART DDDDD OF PART 63—EMISSION LIMITS FOR NEW OR RECONSTRUCTED BOILERS AND PROCESS HEATERS—Continued As stated in § 63.7500, you must comply with the following applicable emission limits: [Units with heat input capacity of 10 million Btu per hour or greater]

Or the emissions must not exceed If your boiler or process For the following pollut- The emissions must not exceed the the following alternative output- Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except based limits, except during startup ume or test run duration . . . category . . . during startup and shutdown . . . and shutdown . . .

d. Filterable PM (or 7.3E–03 lb per MMBtu of heat 1.3E–02 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (2.1E–04 lb per MMBtu output or 7.6E–02 lb per MWh; or run. of heat input). (3.5E–04 lb per MMBtu of steam output or 2.2E–03 lb per MWh). a If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emis- sions are at or below this limit, you can skip testing according to § 63.7515 if all of the other provisions of § 63.7515 are met. For all other pollutants that do not con- tain a footnote ‘‘a’’, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. b Incorporated by reference, see § 63.14. c If your affected source is a new or reconstructed affected source that commenced construction or reconstruction after June 4, 2010, and before April 1, 2013, you may comply with the emission limits in Tables 11, 12 or 13 to this subpart until January 31, 2016. On and after January 31, 2016, but before [date 3 years after date of publication of final rule in the Federal Register] you may comply with the emission limits in Table 14 to this subpart. On and after [date 3 years after date of publi- cation of final rule in the Federal Register], you must comply with the emission limits in Table 1 to this subpart. d An owner or operator may request an alternative test method under § 63.7 of this chapter, in order that compliance with the carbon monoxide emissions limit be determined using CO2 as a diluent correction in place of oxygen at 3 percent. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the appropriate CO2 correction percentage for the fuel type burned in the unit and must also take into account that the 3-percent oxygen correction is to be done on a dry basis. The alternative test method request must account for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber media, etc.

■ 17. Table 2 to subpart DDDDD is amended to read as follows: TABLE 2 TO SUBPART DDDDD OF PART 63—EMISSION LIMITS FOR EXISTING BOILERS AND PROCESS HEATERS As stated in § 63.7500, you must comply with the following applicable emission limits: [Units with heat input capacity of 10 million Btu per hour or greater]

The emissions must not exceed the If your boiler or process For the following pollut- The emissions must not exceed the following alternative output-based Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except limits, except during startup and ume or test run duration . . . category . . . during startup and shutdown . . . shutdown . . .

1. Units in all subcat- a. HCl ...... 2.0E–02 lb per MMBtu of heat input 2.3E–02 lb per MMBtu of steam For M26A, Collect a minimum of 1 egories designed to output or 0.26 lb per MWh. dscm per run; for M26, collect a burn solid fuel. minimum of 120 liters per run. b. Mercury ...... 5.4E–06 lb per MMBtu of heat input 6.2E–06 lb per MMBtu of steam For M29, collect a minimum of 3 output or 6.9E–05 lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 3 dscm. 2. Units design to burn a. Filterable PM (or 3.9E–02 lb per MMBtu of heat 4.1E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per coal/solid fossil fuel. TSM). input; or (5.3E–05 lb per MMBtu output or 4.8E–01 lb per MWh; or run. of heat input). (5.6E–05 lb per MMBtu of steam output or 6.5E–04 lb per MWh). 3. Pulverized coal boil- a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.11 lb per MMBtu of steam output 1 hr minimum sampling time. ers designed to burn corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- coal/solid fossil fuel. three-run average; or (320 ppm erage. by volume on a dry basis cor- rected to 3-percent oxygen,c 30- day rolling average). 4. Stokers/others de- a. CO (or CEMS) ...... 150 ppm by volume on a dry basis 0.14 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn coal/ corrected to 3-percent oxygen, or 1.6 lb per MWh; three-run av- solid fossil fuel. three-run average; or (340 ppm erage. by volume on a dry basis cor- rected to 3-percent oxygen,c 30- day rolling average). 5. Fluidized bed units a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.12 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn coal/ corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- solid fossil fuel. three-run average; or (230 ppm erage. by volume on a dry basis cor- rected to 3-percent oxygen,c 30- day rolling average). 6. Fluidized bed units a. CO (or CEMS) ...... 140 ppm by volume on a dry basis 1.3E–01 lb per MMBtu of steam 1 hr minimum sampling time. with an integrated corrected to 3-percent oxygen, output or 1.5 lb per MWh; three- heat exchanger de- three-run average; or (150 ppm run average. signed to burn coal/ by volume on a dry basis cor- solid fossil fuel. rected to 3-percent oxygen,c 30- day rolling average). 7. Stokers/sloped grate/ a. CO (or CEMS) ...... 1,100 ppm by volume on a dry 1.1 lb per MMBtu of steam output 1 hr minimum sampling time. others designed to basis corrected to 3-percent oxy- or 13 lb per MWh; three-run av- burn wet biomass fuel. gen, three-run average; or (720 erage. ppm by volume on a dry basis corrected to 3-percent oxygen,c 30-day rolling average).

VerDate Sep<11>2014 18:10 Aug 21, 2020 Jkt 250001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM 24AUP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Proposed Rules 52229

TABLE 2 TO SUBPART DDDDD OF PART 63—EMISSION LIMITS FOR EXISTING BOILERS AND PROCESS HEATERS— Continued As stated in § 63.7500, you must comply with the following applicable emission limits: [Units with heat input capacity of 10 million Btu per hour or greater]

The emissions must not exceed the If your boiler or process For the following pollut- The emissions must not exceed the following alternative output-based Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except limits, except during startup and ume or test run duration . . . category . . . during startup and shutdown . . . shutdown . . .

b. Filterable PM (or 3.4E–02 lb per MMBtu of heat 4.0E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (2.0E–04 lb per MMBtu output or 4.8E–01 lb per MWh; or run. of heat input). (2.4E–04 lb per MMBtu of steam output or 2.8E–03 lb per MWh). 8. Stokers/sloped grate/ a. CO ...... 460 ppm by volume on a dry basis 4.2E–01 lb per MMBtu of steam 1 hr minimum sampling time. others designed to corrected to 3-percent oxygen. output or 5.1 lb per MWh. burn kiln-dried bio- mass fuel. b. Filterable PM (or 3.2E–01 lb per MMBtu of heat 3.7E–01 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (5.0E–03 lb per MMBtu output or 4.5 lb per MWh; or run. of heat input). (5.9E–03 lb per MMBtu of steam output or 7.0E–02 lb per MWh). 9. Fluidized bed units a. CO (or CEMS) ...... 210 ppm by volume on a dry basis 2.1E–01 lb per MMBtu of steam 1 hr minimum sampling time. designed to burn bio- corrected to 3-percent oxygen, output or 2.3 lb per MWh; three- mass/bio-based solid. three-run average; or (310 ppm run average. by volume on a dry basis cor- rected to 3-percent oxygen,c 30- day rolling average). b. Filterable PM (or 2.1E–02 lb per MMBtu of heat 2.6E–02 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (6.4E–05 lb per MMBtu output or 0.30 lb per MWh; or run. of heat input). (8.0E–05 lb per MMBtu of steam output or 9.0E–04 lb per MWh). 10. Suspension burners a. CO (or CEMS) ...... 2,400 ppm by volume on a dry 1.9 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn bio- basis corrected to 3-percent oxy- or 27 lb per MWh; three-run av- mass/bio-based solid. gen, three-run average; or (2,000 erage. ppm by volume on a dry basis corrected to 3-percent oxygen,c 10-day rolling average). b. Filterable PM (or 4.1E–02 lb per MMBtu of heat 4.2E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (8.0E–03 lb per MMBtu output or 5.8E–01 lb per MWh; or run. of heat input). (8.1E–03 lb per MMBtu of steam output or 0.12 lb per MWh). 11. Dutch Ovens/Pile a. CO (or CEMS) ...... 770 ppm by volume on a dry basis 8.4E–01 lb per MMBtu of steam 1 hr minimum sampling time. burners designed to corrected to 3-percent oxygen, output or 8.4 lb per MWh; three- burn biomass/bio- three-run average; or (520 ppm run average. based solid. by volume on a dry basis cor- rected to 3-percent oxygen,c 10- day rolling average). b. Filterable PM (or 1.8E–01 lb per MMBtu of heat 2.5E–01 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (2.0E–03 lb per MMBtu output or 2.6 lb per MWh; or run. of heat input). (2.8E–03 lb per MMBtu of steam output or 2.8E–02 lb per MWh). 12. Fuel cell units de- a. CO ...... 1,100 ppm by volume on a dry 2.4 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn bio- basis corrected to 3-percent oxy- or 12 lb per MWh. mass/bio-based solid. gen. b. Filterable PM (or 2.0E–02 lb per MMBtu of heat 5.5E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (5.8E–03 lb per MMBtu output or 2.8E–01 lb per MWh; or run. of heat input). (1.6E–02 lb per MMBtu of steam output or 8.1E–02 lb per MWh). 13. Hybrid suspension a. CO (or CEMS) ...... 3,500 ppm by volume on a dry 3.5 lb per MMBtu of steam output 1 hr minimum sampling time. grate units designed basis corrected to 3-percent oxy- or 39 lb per MWh; three-run av- to burn biomass/bio- gen, three-run average; or (900 erage. based solid. ppm by volume on a dry basis corrected to 3-percent oxygen,c 30-day rolling average). b. Filterable PM (or 4.4E–01 lb per MMBtu of heat 5.5E–01 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (4.5E–04 lb per MMBtu output or 6.2 lb per MWh; or run. of heat input). (5.7E–04 lb per MMBtu of steam output or 6.3E–03 lb per MWh). 14. Units designed to a. HCl ...... 1.1E–03 lb per MMBtu of heat input 1.4E–03 lb per MMBtu of steam For M26A, collect a minimum of 2 burn liquid fuel. output or 1.6E–02 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. b. Mercury ...... 7.3E–07 a lb per MMBtu of heat 8.8E–07 a lb per MMBtu of steam For M29, collect a minimum of 3 input. output or 1.1E–05 lb per MWh. dscm per run; for M30A or M30B collect a minimum sample as specified in the method, for ASTM D6784 b collect a minimum of 2 dscm. 15. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn heavy liquid fuel. corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- three-run average. erage.

VerDate Sep<11>2014 18:10 Aug 21, 2020 Jkt 250001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM 24AUP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 52230 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Proposed Rules

TABLE 2 TO SUBPART DDDDD OF PART 63—EMISSION LIMITS FOR EXISTING BOILERS AND PROCESS HEATERS— Continued As stated in § 63.7500, you must comply with the following applicable emission limits: [Units with heat input capacity of 10 million Btu per hour or greater]

The emissions must not exceed the If your boiler or process For the following pollut- The emissions must not exceed the following alternative output-based Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except limits, except during startup and ume or test run duration . . . category . . . during startup and shutdown . . . shutdown . . .

b. Filterable PM (or 5.9E–02 lb per MMBtu of heat 7.2E–02 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (2.0E–04 lb per MMBtu output or 8.2E–01 lb per MWh; or run. of heat input). (2.5E–04 lb per MMBtu of steam output or 2.8E–03 lb per MWh). 16. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn light liquid fuel. corrected to 3-percent oxygen. or 1.4 lb per MWh. b. Filterable PM (or 7.9E–03 a lb per MMBtu of heat 9.6E–03 a lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (6.2E–05 lb per MMBtu output or 1.1E–01 a lb per MWh; run. of heat input). or (7.5E–05 lb per MMBtu of steam output or 8.6E–04 lb per MWh). 17. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn liquid fuel that corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- are non-continental three-run average based on erage. units. stack test. b. Filterable PM (or 2.2E–01 lb per MMBtu of heat 2.7E–01 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (8.6E–04 lb per MMBtu output or 3.1 lb per MWh; or run. of heat input). (1.1E–03 lb per MMBtu of steam output or 1.2E–02 lb per MWh). 18. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.16 lb per MMBtu of steam output 1 hr minimum sampling time. burn gas 2 (other) corrected to 3-percent oxygen. or 1.0 lb per MWh. gases. b. HCl ...... 1.7E–03 lb per MMBtu of heat input 2.9E–03 lb per MMBtu of steam For M26A, collect a minimum of 2 output or 1.8E–02 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. c. Mercury ...... 7.9E–06 lb per MMBtu of heat input 1.4E–05 lb per MMBtu of steam For M29, collect a minimum of 3 output or 8.3E–05 lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 2 dscm. d. Filterable PM (or 7.3E–03 lb per MMBtu of heat input 1.3E–02 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). or (2.1E–04 lb per MMBtu of heat output or 7.6E–02 lb per MWh; or run. input). (3.5E–04 lb per MMBtu of steam output or 2.2E–03 lb per MWh). a If you are conducting stack tests to demonstrate compliance and your performance tests for this pollutant for at least 2 consecutive years show that your emis- sions are at or below this limit, you can skip testing according to § 63.7515 if all of the other provisions of § 63.7515 are met. For all other pollutants that do not con- tain a footnote a, your performance tests for this pollutant for at least 2 consecutive years must show that your emissions are at or below 75 percent of this limit in order to qualify for skip testing. b Incorporated by reference, see § 63.14. c An owner or operator may request an alternative test method under § 63.7 of this chapter, in order that compliance with the carbon monoxide emissions limit be determined using CO2 as a diluent correction in place of oxygen at 3 percent. EPA Method 19 F-factors and EPA Method 19 equations must be used to generate the appropriate CO2 correction percentage for the fuel type burned in the unit and must also take into account that the 3-percent oxygen correction is to be done on a dry basis. The alternative test method request must account for any CO2 being added to, or removed from, the emissions gas stream as a result of limestone injection, scrubber media, etc. d Before [date 3 years after date of publication of final rule in the Federal Register] you may comply with the emission limits in Table 15 to this subpart. On and after [date 3 years after date of publication of final rule in the Federal Register], you must comply with the emission limits in Table 2 to this subpart.

■ 18. Table 3 of subpart DDDDD is amended by revising the entry for ‘‘5.’’ and ‘‘6.’’ to read as follows:

TABLE 3 TO SUBPART DDDDD OF PART 63—WORK PRACTICE STANDARDS As stated in § 63.7500, you must comply with the following applicable work practice standards:

If your unit is . . . You must meet the following . . .

******* 5. An existing or new boiler a. You must operate all CMS during startup. or process heater subject b. For startup of a boiler or process heater, you must use one or a combination of the following clean fuels: Nat- to emission limits in Table ural gas, synthetic natural gas, propane, other Gas 1 fuels, distillate oil, syngas, ultra-low sulfur diesel, fuel oil- 1 or 2 or 11 through 13 to soaked rags, kerosene, hydrogen, paper, cardboard, refinery gas, liquefied petroleum gas, clean dry biomass, this subpart during startup. and any fuels meeting the appropriate HCl, mercury and TSM emission standards by fuel analysis. c. You have the option of complying using either of the following work practice standards.

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TABLE 3 TO SUBPART DDDDD OF PART 63—WORK PRACTICE STANDARDS—Continued As stated in § 63.7500, you must comply with the following applicable work practice standards:

If your unit is . . . You must meet the following . . .

(1) If you choose to comply using definition (1) of ‘‘startup’’ in § 63.7575, once you start firing fuels that are not clean fuels you must vent emissions to the main stack(s) and engage all of the applicable control devices ex- cept limestone injection in fluidized bed combustion (FBC) boilers, dry scrubber, fabric filter, and selective cata- lytic reduction (SCR). You must start your limestone injection in FBC boilers, dry scrubber, fabric filter, and SCR systems as expeditiously as possible. Startup ends when steam or heat is supplied for any purpose, OR (2) If you choose to comply using definition (2) of ‘‘startup’’ in § 63.7575, once you start to feed fuels that are not clean fuels, you must vent emissions to the main stack(s) and engage all of the applicable control devices so as to comply with the emission limits within 4 hours of start of supplying useful thermal energy. You must en- gage and operate PM control within one hour of first feeding fuels that are not clean fuelsa. You must start all applicable control devices as expeditiously as possible, but, in any case, when necessary to comply with other standards applicable to the source by a permit limit or a rule other than this subpart that require operation of the control devices. You must develop and implement a written startup and shutdown plan, as specified in § 63.7505(e). d. You must comply with all applicable emission limits at all times except during startup and shutdown periods at which time you must meet this work practice. You must collect monitoring data during periods of startup, as specified in § 63.7535(b). You must keep records during periods of startup. You must provide reports con- cerning activities and periods of startup, as specified in § 63.7555. 6. An existing or new boiler You must operate all CMS during shutdown. While firing fuels that are not clean fuels during shutdown, you must or process heater subject vent emissions to the main stack(s) and operate all applicable control devices, except limestone injection in to emission limits in Ta- FBC boilers, dry scrubber, fabric filter, and SCR but, in any case, when necessary to comply with other stand- bles 1 or 2 or 11 through ards applicable to the source that require operation of the control device. 15 to this subpart during If, in addition to the fuel used prior to initiation of shutdown, another fuel must be used to support the shutdown shutdown. process, that additional fuel must be one or a combination of the following clean fuels: Natural gas, synthetic natural gas, propane, other Gas 1 fuels, distillate oil, syngas, ultra-low sulfur diesel, refinery gas, and liquefied petroleum gas. You must comply with all applicable emissions limits at all times except for startup or shutdown periods con- forming with this work practice. You must collect monitoring data during periods of shutdown, as specified in § 63.7535(b). You must keep records during periods of shutdown. You must provide reports concerning activi- ties and periods of shutdown, as specified in § 63.7555.

* * * * * ■ 19. Table 4 to subpart DDDDD is amended by revising the column headings to read as follows:

TABLE 4 TO SUBPART DDDDD OF PART 63—OPERATING LIMITS FOR BOILERS AND PROCESS HEATERS As stated in § 63.7500, you must comply with the applicable operating limits:

When complying with a Table 1, 2, 11, 12, 13, 14, or 15 numerical emission limit using . . . You must meet these operating limits . . .

*******

* * * * * TABLE 7 TO SUBPART DDDDD OF ■ 21. Table 8 to subpart DDDDD is ■ 20. Table 7 to subpart DDDDD is PART 63—ESTABLISHING OPER- amended by revising the entry for ‘‘8.’’ amended by revising footnote ‘‘b’’ to ATING LIMITS ab—Continued to read as follows: read as follows: As stated in § 63.7520, you must comply with the following requirements for establishing TABLE 7 TO SUBPART DDDDD OF operating limits: PART 63—ESTABLISHING OPER- ATING LIMITS ab ***** As stated in § 63.7520, you must comply with b If you conduct multiple performance tests, the following requirements for establishing you must set the minimum liquid flow rate and operating limits: pressure drop operating limits at the higher of the minimum values established during the performance tests. For a minimum oxygen level, if you conduct multiple performance tests, you must set the minimum oxygen level at the lower of the minimum values estab- lished during the performance tests. For max- imum operating load, if you conduct multiple performance tests, you must set the maximum operating load at the lower of the maximum values established during the performance tests.

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TABLE 8 TO SUBPART DDDDD OF PART 63—DEMONSTRATING CONTINUOUS COMPLIANCE As stated in § 63.7540, you must show continuous compliance with the emission limitations for each boiler or process heater according to the following:

If you must meet the fol- lowing operating limits or You must demonstrate continuous compliance by . . . work practice standards . . .

******* 8. Emission limits using fuel a. Conduct monthly fuel analysis for HCl or mercury or TSM according to Table 6 to this subpart; and analysis. b. Reduce the data to 12-month rolling averages; and c. Maintain the 12-month rolling average at or below the applicable emission limit for HCl or mercury or TSM in Tables 1 and 2 or 11 through 15 to this subpart. d. Calculate the HCI, mercury, and/or TSM emission rate from the boiler or process heater in units of lb/MMBtu using Equations 7, 8, and/or 9 in § 63.7530.

*******

* * * * * ■ 22. Add Table 14 to subpart DDDDD of part 63 to read as follows: TABLE 14 TO SUBPART DDDDD OF PART 63—ALTERNATIVE EMISSION LIMITS FOR NEW OR RECONSTRUCTED BOILERS AND PROCESS HEATERS As stated in § 63.7500, you may continue to comply with the following applicable emission limits until [date 3 years after date of publication of final rule in the Federal Register]: [Units with heat input capacity of 10 million Btu per hour or greater]

Or the emissions must not exceed If your boiler or process For the following pollut- The emissions must not exceed the the following alternative output- Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except based limits, except during startup ume or test run duration . . . category . . . during startup and shutdown . . . and shutdown . . .

1. Units in all subcat- a. HCl ...... 2.2E–02 lb per MMBtu of heat input 2.5E–02 lb per MMBtu of steam For M26A, collect a minimum of 1 egories designed to output or 0.28 lb per MWh. dscm per run; for M26 collect a burn solid fuel. minimum of 120 liters per run. b. Mercury ...... 8.0E–07 a lb per MMBtu of heat 8.7E–07 a lb per MMBtu of steam For M29, collect a minimum of 4 input. output or 1.1E–05 a lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 4 dscm. 2. Units designed to a. Filterable PM (or 1.1E–03 lb per MMBtu of heat 1.1E–03 lb per MMBtu of steam Collect a minimum of 3 dscm per burn coal/solid fossil TSM). input; or (2.3E–05 lb per MMBtu output or 1.4E–02 lb per MWh; or run. fuel. of heat input). (2.7E–05 lb per MMBtu of steam output or 2.9E–04 lb per MWh). 3. Pulverized coal boil- a. Carbon monoxide 130 ppm by volume on a dry basis 0.11 lb per MMBtu of steam output 1 hr minimum sampling time. ers designed to burn (CO) (or CEMS). corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- coal/solid fossil fuel. three-run average; or (320 ppm erage. by volume on a dry basis cor- rected to 3-percent oxygen,d 30- day rolling average). 4. Stokers/others de- a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.12 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn coal/ corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- solid fossil fuel. three-run average; or (340 ppm erage. by volume on a dry basis cor- rected to 3-percent oxygen,d 30- day rolling average). 5. Fluidized bed units a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.11 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn coal/ corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- solid fossil fuel. three-run average; or (230 ppm erage. by volume on a dry basis cor- rected to 3-percent oxygen,d 30- day rolling average). 6. Fluidized bed units a. CO (or CEMS) ...... 140 ppm by volume on a dry basis 1.2E–01 lb per MMBtu of steam 1 hr minimum sampling time. with an integrated corrected to 3-percent oxygen, output or 1.5 lb per MWh; three- heat exchanger de- three-run average; or (150 ppm run average. signed to burn coal/ by volume on a dry basis cor- solid fossil fuel. rected to 3- percent oxygen,d 30- day rolling average). 7. Stokers/sloped grate/ a. CO (or CEMS) ...... 620 ppm by volume on a dry basis 5.8E–01 lb per MMBtu of steam 1 hr minimum sampling time. others designed to corrected to 3-percent oxygen, output or 6.8 lb per MWh; three- burn wet biomass fuel. three-run average; or (390 ppm run average. by volume on a dry basis cor- rected to 3-percent oxygen,d 30- day rolling average). b. Filterable PM (or 3.0E–02 lb per MMBtu of heat 3.5E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (2.6E–05 lb per MMBtu output or 4.2E–01 lb per MWh; or run. of heat input). (2.7E–05 lb per MMBtu of steam output or 3.7E–04 lb per MWh).

VerDate Sep<11>2014 18:10 Aug 21, 2020 Jkt 250001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM 24AUP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Proposed Rules 52233

TABLE 14 TO SUBPART DDDDD OF PART 63—ALTERNATIVE EMISSION LIMITS FOR NEW OR RECONSTRUCTED BOILERS AND PROCESS HEATERS—Continued As stated in § 63.7500, you may continue to comply with the following applicable emission limits until [date 3 years after date of publication of final rule in the Federal Register]: [Units with heat input capacity of 10 million Btu per hour or greater]

Or the emissions must not exceed If your boiler or process For the following pollut- The emissions must not exceed the the following alternative output- Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except based limits, except during startup ume or test run duration . . . category . . . during startup and shutdown . . . and shutdown . . .

8. Stokers/sloped grate/ a. CO ...... 460 ppm by volume on a dry basis 4.2E–01 lb per MMBtu of steam 1 hr minimum sampling time. others designed to corrected to 3-percent oxygen. output or 5.1 lb per MWh. burn kiln-dried bio- mass fuel. b. Filterable PM (or 3.0E–02 lb per MMBtu of heat 3.5E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (4.0E–03 lb per MMBtu output or 4.2E–01 lb per MWh; or run. of heat input). (4.2E–03 lb per MMBtu of steam output or 5.6E–02 lb per MWh). 9. Fluidized bed units a. CO (or CEMS) ...... 230 ppm by volume on a dry basis 2.2E–01 lb per MMBtu of steam 1 hr minimum sampling time. designed to burn bio- corrected to 3-percent oxygen, output or 2.6 lb per MWh; three- mass/bio-based solids. three-run average; or (310 ppm run average. by volume on a dry basis cor- rected to 3-percent oxygen,d 30- day rolling average). b. Filterable PM (or 9.8E–03 lb per MMBtu of heat 1.2E–02 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (8.3E–05 a lb per MMBtu output or 0.14 lb per MWh; or run. of heat input). (1.1E–04 a lb per MMBtu of steam output or 1.2E–03 a lb per MWh). 10. Suspension burners a. CO (or CEMS) ...... 2,400 ppm by volume on a dry 1.9 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn bio- basis corrected to 3-percent oxy- or 27 lb per MWh; three-run av- mass/bio-based solids. gen, three-run average; or (2,000 erage. ppm by volume on a dry basis corrected to 3-percent oxygen,d 10-day rolling average). b. Filterable PM (or 3.0E–02 lb per MMBtu of heat 3.1E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (6.5E–03 lb per MMBtu output or 4.2E–01 lb per MWh; or run. of heat input). (6.6E–03 lb per MMBtu of steam output or 9.1E–02 lb per MWh). 11. Dutch Ovens/Pile a. CO (or CEMS) ...... 330 ppm by volume on a dry basis 3.5E–01 lb per MMBtu of steam 1 hr minimum sampling time. burners designed to corrected to 3-percent oxygen, output or 3.6 lb per MWh; three- burn biomass/bio- three-run average; or (520 ppm run average. based solids. by volume on a dry basis cor- rected to 3-percent oxygen,d 10- day rolling average). b. Filterable PM (or 3.2E–03 lb per MMBtu of heat 4.3E–03 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (3.9E–05 lb per MMBtu output or 4.5E–02 lb per MWh; or run. of heat input). (5.2E–05 lb per MMBtu of steam output or 5.5E–04 lb per MWh). 12. Fuel cell units de- a. CO ...... 910 ppm by volume on a dry basis 1.1 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn bio- corrected to 3-percent oxygen. or 1.0E+01 lb per MWh. mass/bio-based solids. b. Filterable PM (or 2.0E–02 lb per MMBtu of heat 3.0E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (2.9E–05 a lb per MMBtu output or 2.8E–01 lb per MWh; or run. of heat input). (5.1E–05 lb per MMBtu of steam output or 4.1E–04 lb per MWh). 13. Hybrid suspension a. CO (or CEMS) ...... 1,100 ppm by volume on a dry 1.4 lb per MMBtu of steam output 1 hr minimum sampling time. grate boiler designed basis corrected to 3-percent oxy- or 12 lb per MWh; three-run av- to burn biomass/bio- gen, three-run average; or (900 erage. based solids. ppm by volume on a dry basis corrected to 3-percent oxygen,d 30-day rolling average). b. Filterable PM (or 2.6E–02 lb per MMBtu of heat 3.3E–02 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (4.4E–04 lb per MMBtu output or 3.7E–01 lb per MWh; or run. of heat input). (5.5E–04 lb per MMBtu of steam output or 6.2E–03 lb per MWh). 14. Units designed to a. HCl ...... 4.4E–04 lb per MMBtu of heat input 4.8E–04 lb per MMBtu of steam For M26A: Collect a minimum of 2 burn liquid fuel. output or 6.1E–03 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. b. Mercury ...... 4.8E–07 a lb per MMBtu of heat 5.3E–07 a lb per MMBtu of steam For M29, collect a minimum of 4 input. output or 6.7E–06 a lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 4 dscm. 15. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn heavy liquid fuel. corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- three-run average. erage. b. Filterable PM (or 1.3E–02 lb per MMBtu of heat 1.5E–02 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (7.5E–05 lb per MMBtu output or 1.8E–01 lb per MWh; or run. of heat input). (8.2E–05 lb per MMBtu of steam output or 1.1E–03 lb per MWh). 16. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn light liquid fuel. corrected to 3-percent oxygen. or 1.4 lb per MWh.

VerDate Sep<11>2014 18:10 Aug 21, 2020 Jkt 250001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM 24AUP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 52234 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Proposed Rules

TABLE 14 TO SUBPART DDDDD OF PART 63—ALTERNATIVE EMISSION LIMITS FOR NEW OR RECONSTRUCTED BOILERS AND PROCESS HEATERS—Continued As stated in § 63.7500, you may continue to comply with the following applicable emission limits until [date 3 years after date of publication of final rule in the Federal Register]: [Units with heat input capacity of 10 million Btu per hour or greater]

Or the emissions must not exceed If your boiler or process For the following pollut- The emissions must not exceed the the following alternative output- Using this specified sampling vol- heater is in this sub- ants . . . following emission limits, except based limits, except during startup ume or test run duration . . . category . . . during startup and shutdown . . . and shutdown . . .

b. Filterable PM (or 1.1E–03 a lb per MMBtu of heat 1.2E–03 a lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (2.9E–05 lb per MMBtu output or 1.6E–02 a lb per MWh; run. of heat input). or (3.2E–05 lb per MMBtu of steam output or 4.0E–04 lb per MWh). 17. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn liquid fuel that corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- are non-continental three-run average based on erage. units. stack test. b. Filterable PM (or 2.3E–02 lb per MMBtu of heat 2.5E–02 lb per MMBtu of steam Collect a minimum of 4 dscm per TSM). input; or (8.6E–04 lb per MMBtu output or 3.2E–01 lb per MWh; or run. of heat input). (9.4E–04 lb per MMBtu of steam output or 1.2E–02 lb per MWh). 18. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.16 lb per MMBtu of steam output 1 hr minimum sampling time. burn gas 2 (other) corrected to 3-percent oxygen. or 1.0 lb per MWh. gases. b. HCl ...... 1.7E–03 lb per MMBtu of heat input 2.9E–03 lb per MMBtu of steam For M26A, Collect a minimum of 2 output or 1.8E–02 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. c. Mercury ...... 7.9E–06 lb per MMBtu of heat input 1.4E–05 lb per MMBtu of steam For M29, collect a minimum of 3 output or 8.3E–05 lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 3 dscm. d. Filterable PM (or 6.7E–03 lb per MMBtu of heat 1.2E–02 lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (2.1E–04 lb per MMBtu output or 7.0E–02 lb per MWh; or run. of heat input). (3.5E–04 lb per MMBtu of steam output or 2.2E–03 lb per MWh).

■ 23. Add Table 15 to subpart DDDDD of part 63 to read as follows: TABLE 15 TO SUBPART DDDDD OF PART 63—ALTERNATIVE EMISSION LIMITS FOR EXISTING BOILERS AND PROCESS HEATERS As stated in § 63.7500, you may continue to comply with following emission limits until [date 3 years after date of publication of final rule in the Federal Register]: [Units with heat input capacity of 10 million Btu per hour or greater]

The emissions must not exceed the If your boiler or process For the following The emissions must not exceed the following alternative output-based Using this specified sampling heater is in this pollutants . . . following emission limits, except limits, except during startup and volume or test run duration . . . subcategory . . . during startup and shutdown . . . shutdown . . .

1. Units in all subcat- a. HCl ...... 2.2E–02 lb per MMBtu of heat input 2.5E–02 lb per MMBtu of steam For M26A, Collect a minimum of 1 egories designed to output or 0.27 lb per MWh. dscm per run; for M26, collect a burn solid fuel. minimum of 120 liters per run. b. Mercury ...... 5.7E–06 lb per MMBtu of heat input 6.4E–06 lb per MMBtu of steam For M29, collect a minimum of 3 output or 7.3E–05 lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 3 dscm. 2. Units design to burn a. Filterable PM (or 4.0E–02 lb per MMBtu of heat 4.2E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per coal/solid fossil fuel. TSM). input; or (5.3E–05 lb per MMBtu output or 4.9E–01 lb per MWh; or run. of heat input). (5.6E–05 lb per MMBtu of steam output or 6.5E–04 lb per MWh). 3. Pulverized coal boil- a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.11 lb per MMBtu of steam output 1 hr minimum sampling time. ers designed to burn corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- coal/solid fossil fuel. three-run average; or (320 ppm erage. by volume on a dry basis cor- rected to 3-percent oxygen,c 30- day rolling average). 4. Stokers/others de- a. CO (or CEMS) ...... 160 ppm by volume on a dry basis 0.14 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn coal/ corrected to 3-percent oxygen, or 1.7 lb per MWh; three-run av- solid fossil fuel. three-run average; or (340 ppm erage. by volume on a dry basis cor- rected to 3- percent oxygen,c 30- day rolling average).

VerDate Sep<11>2014 18:10 Aug 21, 2020 Jkt 250001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM 24AUP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Proposed Rules 52235

TABLE 15 TO SUBPART DDDDD OF PART 63—ALTERNATIVE EMISSION LIMITS FOR EXISTING BOILERS AND PROCESS HEATERS—Continued As stated in § 63.7500, you may continue to comply with following emission limits until [date 3 years after date of publication of final rule in the Federal Register]: [Units with heat input capacity of 10 million Btu per hour or greater]

The emissions must not exceed the If your boiler or process For the following The emissions must not exceed the following alternative output-based Using this specified sampling heater is in this pollutants . . . following emission limits, except limits, except during startup and volume or test run duration . . . subcategory . . . during startup and shutdown . . . shutdown . . .

5. Fluidized bed units a. CO (or CEMS) ...... 130 ppm by volume on a dry basis 0.12 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn coal/ corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- solid fossil fuel. three-run average; or (230 ppm erage. by volume on a dry basis cor- rected to 3- percent oxygen,c 30- day rolling average). 6. Fluidized bed units a. CO (or CEMS) ...... 140 ppm by volume on a dry basis 1.3E–01 lb per MMBtu of steam 1 hr minimum sampling time. with an integrated corrected to 3-percent oxygen, output or 1.5 lb per MWh; three- heat exchanger de- three-run average; or (150 ppm run average. signed to burn coal/ by volume on a dry basis cor- solid fossil fuel. rected to 3-percent oxygen,c 30- day rolling average). 7. Stokers/sloped grate/ a. CO (or CEMS) ...... 1,500 ppm by volume on a dry 1.4 lb per MMBtu of steam output 1 hr minimum sampling time. others designed to basis corrected to 3-percent oxy- or 17 lb per MWh; three-run av- burn wet biomass fuel. gen, three-run average; or (720 erage. ppm by volume on a dry basis corrected to 3-percent oxygen,c 30-day rolling average). b. Filterable PM (or 3.7E–02 lb per MMBtu of heat 4.3E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (2.4E–04 lb per MMBtu output or 5.2E–01 lb per MWh; or run. of heat input). (2.8E–04 lb per MMBtu of steam output or 3.4E–04 lb per MWh). 8. Stokers/sloped grate/ a. CO ...... 460 ppm by volume on a dry basis 4.2E–01 lb per MMBtu of steam 1 hr minimum sampling time. others designed to corrected to 3-percent oxygen. output or 5.1 lb per MWh. burn kiln-dried bio- mass fuel. b. Filterable PM (or 3.2E–01 lb per MMBtu of heat 3.7E–01 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (4.0E–03 lb per MMBtu output or 4.5 lb per MWh; or run. of heat input). (4.6E–03 lb per MMBtu of steam output or 5.6E–02 lb per MWh). 9. Fluidized bed units a. CO (or CEMS) ...... 470 ppm by volume on a dry basis 4.6E–01 lb per MMBtu of steam 1 hr minimum sampling time. designed to burn bio- corrected to 3-percent oxygen, output or 5.2 lb per MWh; three- mass/bio-based solid. three-run average; or (310 ppm run average. by volume on a dry basis cor- rected to 3- percent oxygen,c 30- day rolling average). b. Filterable PM (or 1.1E–01 lb per MMBtu of heat 1.4E–01 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (1.2E–03 lb per MMBtu output or 1.6 lb per MWh; or run. of heat input). (1.5E–03 lb per MMBtu of steam output or 1.7E–02 lb per MWh). 10. Suspension burners a. CO (or CEMS) ...... 2,400 ppm by volume on a dry 1.9 lb per MMBtu of steam output 1 hr minimum sampling time. designed to burn bio- basis corrected to 3-percent oxy- or 27 lb per MWh; three-run av- mass/bio-based solid. gen, three-run average; or (2,000 erage. ppm by volume on a dry basis corrected to 3-percent oxygen,c 10-day rolling average). b. Filterable PM (or 5.1E–02 lb per MMBtu of heat 5.2E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (6.5E–03 lb per MMBtu output or 7.1E–01 lb per MWh; or run. of heat input). (6.6E–03 lb per MMBtu of steam output or 9.1E–02 lb per MWh). 11. Dutch Ovens/Pile a. CO (or CEMS) ...... 770 ppm by volume on a dry basis 8.4E–01 lb per MMBtu of steam 1 hr minimum sampling time. burners designed to corrected to 3-percent oxygen, output or 8.4 lb per MWh; three- burn biomass/bio- three-run average; or (520 ppm run average. based solid. by volume on a dry basis cor- rected to 3-percent oxygen,c 10- day rolling average). b. Filterable PM (or 2.8E–01 lb per MMBtu of heat 3.9E–01 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (2.0E–03 lb per MMBtu output or 3.9 lb per MWh; or run. of heat input). (2.8E–03 lb per MMBtu of steam output or 2.8E–02 lb per MWh). 12. Fuel cell units de- a. CO ...... 1,100 ppm by volume on a dry 2.4 lb per MMBtu of steam output 1 hr minimum sampling time. signed to burn bio- basis corrected to 3-percent oxy- or 12 lb per MWh. mass/bio-based solid. gen. b. Filterable PM (or 2.0E–02 lb per MMBtu of heat 5.5E–02 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (5.8E–03 lb per MMBtu output or 2.8E–01 lb per MWh; or run. of heat input). (1.6E–02 lb per MMBtu of steam output or 8.1E–02 lb per MWh). 13. Hybrid suspension a. CO (or CEMS) ...... 3,500 ppm by volume on a dry 3.5 lb per MMBtu of steam output 1 hr minimum sampling time. grate units designed basis corrected to 3-percent oxy- or 39 lb per MWh; three-run av- to burn biomass/bio- gen, three-run average; or (900 erage. based solid. ppm by volume on a dry basis corrected to 3- percent oxygen,c 30-day rolling average).

VerDate Sep<11>2014 18:10 Aug 21, 2020 Jkt 250001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\24AUP2.SGM 24AUP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 52236 Federal Register / Vol. 85, No. 164 / Monday, August 24, 2020 / Proposed Rules

TABLE 15 TO SUBPART DDDDD OF PART 63—ALTERNATIVE EMISSION LIMITS FOR EXISTING BOILERS AND PROCESS HEATERS—Continued As stated in § 63.7500, you may continue to comply with following emission limits until [date 3 years after date of publication of final rule in the Federal Register]: [Units with heat input capacity of 10 million Btu per hour or greater]

The emissions must not exceed the If your boiler or process For the following The emissions must not exceed the following alternative output-based Using this specified sampling heater is in this pollutants . . . following emission limits, except limits, except during startup and volume or test run duration . . . subcategory . . . during startup and shutdown . . . shutdown . . .

b. Filterable PM (or 4.4E–01 lb per MMBtu of heat 5.5E–01 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (4.5E–04 lb per MMBtu output or 6.2 lb per MWh; or run. of heat input). (5.7E–04 lb per MMBtu of steam output or 6.3E–03 lb per MWh). 14. Units designed to a. HCl ...... 1.1E–03 lb per MMBtu of heat input 1.4E–03 lb per MMBtu of steam For M26A, collect a minimum of 2 burn liquid fuel. output or 1.6E–02 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. b. Mercury ...... 2.0E–06 a lb per MMBtu of heat 2.5E–06 a lb per MMBtu of steam For M29, collect a minimum of 3 input. output or 2.8E–05 lb per MWh. dscm per run; for M30A or M30B collect a minimum sample as specified in the method, for ASTM D6784 b collect a minimum of 2 dscm. 15. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn heavy liquid fuel. corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- three-run average. erage. b. Filterable PM (or 6.2E–02 lb per MMBtu of heat 7.5E–02 lb per MMBtu of steam Collect a minimum of 1 dscm per TSM). input; or (2.0E–04 lb per MMBtu output or 8.6E–01 lb per MWh; or run. of heat input). (2.5E–04 lb per MMBtu of steam output or 2.8E–03 lb per MWh). 16. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn light liquid fuel. corrected to 3-percent oxygen. or 1.4 lb per MWh. b. Filterable PM (or 7.9E–03 a lb per MMBtu of heat 9.6E–03 a lb per MMBtu of steam Collect a minimum of 3 dscm per TSM). input; or (6.2E–05 lb per MMBtu output or 1.1E–01 a lb per MWh; run. of heat input). or (7.5E–05 lb per MMBtu of steam output or 8.6E–04 lb per MWh). 17. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.13 lb per MMBtu of steam output 1 hr minimum sampling time. burn liquid fuel that corrected to 3-percent oxygen, or 1.4 lb per MWh; three-run av- are non-continental three3-run average based on erage. units. stack test. b. Filterable PM (or 2.7E–01 lb per MMBtu of heat 3.3E–01 lb per MMBtu of steam Collect a minimum of 2 dscm per TSM). input; or (8.6E–04 lb per MMBtu output or 3.8 lb per MWh; or run. of heat input). (1.1E–03 lb per MMBtu of steam output or 1.2E–02 lb per MWh). 18. Units designed to a. CO ...... 130 ppm by volume on a dry basis 0.16 lb per MMBtu of steam output 1 hr minimum sampling time. burn gas 2 (other) corrected to 3-percent oxygen. or 1.0 lb per MWh. gases. b. HCl ...... 1.7E–03 lb per MMBtu of heat input 2.9E–03 lb per MMBtu of steam For M26A, collect a minimum of 2 output or 1.8E–02 lb per MWh. dscm per run; for M26, collect a minimum of 240 liters per run. c. Mercury ...... 7.9E–06 lb per MMBtu of heat input 1.4E–05 lb per MMBtu of steam For M29, collect a minimum of 3 output or 8.3E–05 lb per MWh. dscm per run; for M30A or M30B, collect a minimum sample as specified in the method; for ASTM D6784 b collect a minimum of 2 dscm. d. Filterable PM (or 6.7E–03 lb per MMBtu of heat input 1.2E–02 lb per MMBtu of steam Collect a minimum of three dscm TSM). or (2.1E–04 lb per MMBtu of heat output or 7.0E–02 lb per MWh; or per run. input). (3.5E–04 lb per MMBtu of steam output or 2.2E–03 lb per MWh).

[FR Doc. 2020–15121 Filed 8–21–20; 8:45 am] BILLING CODE 6560–50–P

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Reader Aids Federal Register Vol. 85, No. 164 Monday, August 24, 2020

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. Permit of July 29, Presidential Documents 2 CFR 2020 ...... 47009 Executive orders and proclamations 741–6000 25...... 49506 The United States Government Manual 741–6000 170...... 49506 5 CFR 183...... 49506 Other Services 630...... 48075, 48096 200...... 49506, 50757 2611...... 51301 Electronic and on-line services (voice) 741–6020 1103...... 51158 2638...... 51301 Privacy Act Compilation 741–6050 1104...... 51158 1108...... 51229 7 CFR 1120...... 51161 ELECTRONIC RESEARCH 9...... 49589, 49593 1122...... 51223 271...... 52025 World Wide Web 1125...... 51158 274...... 52025 1126...... 51167 1150...... 47293 Full text of the daily Federal Register, CFR and other publications 1128...... 51167 1400...... 52033 is located at: www.govinfo.gov. 1130...... 51167 Proposed Rules: Federal Register information and research tools, including Public 1132...... 51167 205...... 47536 Inspection List and electronic text are located at: 1134...... 51167 984...... 47305 www.federalregister.gov. 1136...... 51167 1206...... 50795 1138...... 51167 1217...... 49281 E-mail 3 CFR 8 CFR FEDREGTOC (Daily Federal Register Table of Contents Electronic Proclamations: 103...... 46788, 49941 Mailing List) is an open e-mail service that provides subscribers 10060...... 49921 with a digital form of the Federal Register Table of Contents. The 106...... 46788, 49941 10061...... 51295 204...... 46788, 49941 digital form of the Federal Register Table of Contents includes 10062...... 51631 HTML and PDF links to the full text of each document. 211...... 46788, 49941 Executive Orders: 212...... 46788, 49941 To join or leave, go to https://public.govdelivery.com/accounts/ 13940...... 47879 214 ...... 46788, 49941, 51304 USGPOOFR/subscriber/new, enter your email address, then 13941...... 47881 216...... 46788, 49941 follow the instructions to join, leave, or manage your 13942...... 48637 217...... 46788, 49941 subscription. 13943...... 48641 223...... 46788, 49941 PENS (Public Law Electronic Notification Service) is an e-mail 13944...... 49929 235...... 46788, 49941 service that notifies subscribers of recently enacted laws. 13945...... 49935 236...... 46788, 49941 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Administrative Orders: 240...... 46788, 49941 and select Join or leave the list (or change settings); then follow Memorandums: 244...... 46788, 49941 the instructions. Memorandum of 245...... 46788, 49941 August 3, 2020...... 47885 245a...... 46788, 49941 FEDREGTOC and PENS are mailing lists only. We cannot Memorandum of 248...... 46788, 49941 respond to specific inquiries. August 3, 2020...... 47887 264...... 46788, 49941 Reference questions. Send questions and comments about the Memorandum of 274a ...... 46788, 49941, 51304 Federal Register system to: [email protected] August 3, 2020...... 47889 286...... 46788, 49941 Memorandum of 301...... 46788, 49941 The Federal Register staff cannot interpret specific documents or August 7, 2020...... 49223 319...... 46788, 49941 regulations. Memorandum of 320...... 46788, 49941 August 7, 2020...... 49225 322...... 46788, 49941 FEDERAL REGISTER PAGES AND DATE, AUGUST Memorandum of 324...... 46788, 49941 August 7, 2020...... 49227 334...... 46788, 49941 46531–47012...... 3 Memorandum of 341...... 46788, 49941 47013–47292...... 4 August 8, 2020...... 49585 343a...... 46788, 49941 47293–47634...... 5 Memorandum of 343b...... 46788, 49941 47635–47890...... 6 August 8, 2020...... 49587 392...... 46788, 49941 47891–48074...... 7 Notices: 9 CFR 48075–48464...... 10 Notice of August 13, 48465–48644...... 11 2020 ...... 49939 Proposed Rules: 48645–49228...... 12 Orders: 1...... 51368 49229–49588...... 13 Order of August 14, 2...... 51368 2020 ...... 51297 3...... 51368 49589–49940...... 14 Presidential Permits: 57...... 50796 49941–50756...... 17 Permit of July 29, 161...... 50796 50757–50936...... 18 2020 ...... 46997 10 CFR 50937–51300...... 19 Permit of July 29, 51301–51630...... 20 2020 ...... 47001 430...... 50757, 50937 51631–52024...... 21 Permit of July 29, Proposed Rules: 52025–52236...... 24 2020 ...... 47005 50...... 52058

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430...... 49284, 49297 101...... 49240 34 CFR 415...... 50074 431...... 47472 558...... 50783 75...... 49965 418...... 47070 573...... 48650 423...... 50074 11 CFR Ch. III...... 46538, 47652, 47656, 610...... 51635 47664, 47668, 47915, 49965 424...... 50074 111...... 47891 882...... 50950 600...... 49798 425...... 50074 895...... 50950 482...... 47042 12 CFR 674...... 49798 1005...... 50780 675...... 49798 600...... 49264 9...... 49229 1308 ...... 51340, 51342, 51639 676...... 49798 Proposed Rules: 303...... 51312 1312...... 51639 682...... 49798 410...... 48772 308...... 51312 Proposed Rules: 411...... 48772 1026...... 50944 685...... 49798 1...... 46566 686...... 49798 412...... 47723, 48772 Proposed Rules: 73...... 52081 690...... 49798 414...... 48772 702...... 50963 112...... 48124 416...... 48772 1289...... 49312 692...... 49798 890...... 49986 694...... 49798 419...... 48772 14 CFR 423...... 47151 23 CFR 36 CFR 21...... 47295 Proposed Rules: 43 CFR 25...... 48645 251...... 48475 645...... 49328 Proposed Rules: 29...... 48646 37 CFR 8365...... 49995 33...... 52041 24 CFR 1...... 46932 39 ...... 46531, 46533, 47013, 44 CFR 47295, 47297, 47635, 47638, 5...... 47899 11...... 46932 47641, 48102, 48465, 49233, 91...... 47899 41...... 46932 64...... 47673, 52052 49235, 49238, 49941, 49944, 92...... 47899 42...... 46932 328...... 48113 214...... 47300 49947, 49949, 49952, 49954, 45 CFR 49957, 49959, 49962, 50767, 570...... 47899 38 CFR 50770, 50772, 52043 574...... 47899 Proposed Rules: 170...... 47099 61...... 47295 576...... 47899 9...... 50973 171...... 47099 63...... 47295 903...... 47899 Proposed Rules: 39 CFR 1...... 51396 65...... 47295 26 CFR 71 ...... 47016, 47017, 47894, Proposed Rules: 46 CFR 50774, 50777, 50779, 51324, 1 ...... 47027, 48467, 48651, 113...... 46575, 47720 51325, 51327, 51329, 52045 49595, 51346 540...... 49600 91...... 47295 Proposed Rules: 40 CFR 47 CFR 93...... 47895 1 ...... 47323, 47508, 48485, 1...... 51650 97 ...... 47643, 47645, 51331, 49754, 51369 9...... 46550, 51657 1...... 50886, 51357 51333 301...... 47931 49...... 51650 5...... 52054 107...... 47295 15...... 52054 28 CFR 51...... 49596 125...... 47295 52 ...... 47032, 47670, 48111, 73...... 48120 141...... 47295 50...... 50951 49967, 50784, 50953, 50955, 76...... 51363 Proposed Rules: Proposed Rules: 51663, 51666, 52047 Proposed Rules: 39 ...... 46560, 46563, 47118, 26...... 47324 63 ...... 49084, 49434, 49724, 1...... 48134, 50911 47122, 47698, 47712, 47714, 72...... 49332 51668 20...... 49998 47716, 47919, 47921, 47925, 71...... 51650 54...... 48134 29 CFR 48122, 48480, 48482, 49322, 81...... 47032, 47670 73...... 51401 49978, 49981, 50970 90...... 51896 97...... 49170 74...... 51401 71 ...... 47317, 47321, 47322, 4022...... 49595 124...... 51650 47718, 47928, 49324, 49327, 180 ...... 48651, 48654, 49261, 48 CFR 49607, 49609, 49610, 49983, 31 CFR 51354, 51668 501...... 50957 49985 501...... 48474 228...... 47035 516...... 50958 15 CFR 1010...... 48104, 48105 300...... 50786 552...... 50958 721...... 46550, 51657 570...... 50957 736...... 51596 32 CFR 1539...... 46556 744...... 51335, 51596 Proposed Rules: 21...... 51238 1552...... 46556 762...... 51596 50...... 49830 22...... 51238 52 ...... 46576, 46581, 47125, Proposed Rules: Proposed Rules: 32...... 51238 Ch. XV ...... 52059 47134, 47939, 48127 7...... 52081 33...... 51238 62...... 48485 8...... 50989 16 CFR 34...... 51238 63...... 52198 38...... 50989 37...... 51238 315...... 50668 82...... 47940 220...... 51347 87...... 51556 49 CFR Proposed Rules: 625...... 51645 1107...... 52078 152...... 51394 396...... 50787 1109...... 52078 Proposed Rules: 174...... 51395 1002...... 47099 750...... 51374 180...... 47330 1011...... 47675 19 CFR 281...... 49611 1111...... 47675 33 CFR Ch. I...... 51633, 51634 300...... 47331, 48132 50 CFR 24...... 47018 100 ...... 47027, 47912, 48108, 1030...... 51556 51351, 51646 17...... 48332 Proposed Rules: 41 CFR 351...... 49472 110...... 50784 20...... 51854 165 ...... 46536, 47027, 47030, 105–60...... 52049 92...... 49601 20 CFR 47648, 47650, 47912, 47913, 216...... 49975 42 CFR 426...... 51337 48107, 48110, 51648 217...... 50720 617...... 51896 Proposed Rules: 409...... 47594 223...... 48332 618...... 51896 100...... 47936 410...... 50074 224...... 48332 110...... 47936 412...... 47042, 48424 229...... 50959 21 CFR 117...... 47328 413...... 47594 300...... 49975 1...... 50780 165...... 47937 414...... 50074 622 ...... 47304, 47917, 52055

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635...... 48120 665...... 50961 Proposed Rules: 424...... 47333 648 ...... 47102, 47103, 48476, 679 ...... 48477, 48478, 49606, 17...... 48487, 50991 622...... 49355 48477, 49602, 50793, 52056, 49976, 51672 223...... 48144 648...... 48660 52057 224...... 48144 680...... 47157

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