Vol. 85 Thursday, No. 152 August 6, 2020

Pages 47635–47890

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 85, No. 152

Thursday, August 6, 2020

Agency for Healthcare Research and Quality CARES Act Maintenance of Effort, 47751–47752 NOTICES Implementation of Key Federal Policies in the Wake of Meetings: the Coronavirus Pandemic, 47775–47776 Healthcare Information Technology Research, 47793 Parent Loan for Undergraduate Students Adverse Credit Reconsideration Loan Counseling, 47758 Agriculture Department Applications for New Awards: NOTICES Child Care Access Means Parents in School Program, Agency Information Collection Activities; Proposals, 47776–47780 Submissions, and Approvals, 47729 Independent Living Services for Older Individuals Who Are Blind; Independent Living Services for Older Centers for Medicare & Medicaid Services Individuals Who Are Blind Training and Technical PROPOSED RULES Assistance, 47759–47763 Medicare Program: International Research and Studies Program; Research, Treatment of Medicare Part C Days in the Calculation of Studies, and Surveys; and Specialized Instructional a Hospital’s Medicare Disproportionate Patient Materials, 47770–47774 Percentage, 47723–47728 Rehabilitation Training; Innovative Rehabilitation Civil Rights Commission Training Program, 47752–47758 NOTICES Technical Assistance and Dissemination To Improve Meetings: Services and Results for Children With Disabilities Virginia Advisory Committee, 47729–47730 and Demonstration and Training Programs; The Individuals With Disabilities Education Act Coast Guard Paperwork Reduction Planning and Implementation RULES Program, 47763–47769 Safety Zone: Waivers Granted Under Section 3511 of the Coronavirus Les Cheneaux Islands, Cedarville, MI, 47650–47651 Aid, Relief, and Economic Security Act, 47774–47775 Tropical Storm Isaias, Maryland-National Capital Region Captain of the Port Zone, 47648–47650 Energy Department See Federal Energy Regulatory Commission Commerce Department NOTICES See International Trade Administration Meetings: See National Oceanic and Atmospheric Administration Environmental Management Site-Specific Advisory Board, Idaho Cleanup Project, 47781 Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Environmental Protection Agency Submissions, and Approvals: RULES Contests, Challenges, and Awards, 47750–47751 Air Quality State Implementation Plans; Approvals and Promulgations: Education Department Kentucky; Redesignation of the Jefferson County 2010 1- RULES Hour Sulfur Dioxide Nonattainment Area to Final Priorities and Definitions: Attainment, 47670–47673 Independent Living Services for Older Individuals Who NOTICES Are Blind; Training and Technical Assistance, Public Water System Supervision Program Approval: 47652–47656 Illinois, 47790–47791 Final Priorities, Requirements, and Selection Criteria: Requests To Voluntarily Cancel Certain Pesticide Technical Assistance and Dissemination To Improve Registrations and Amend Registrations To Terminate Services and Results for Children With Disabilities; Certain Uses: The Individuals With Disabilities Education Act; Tetrachlorvinphos, 47791–47793 Paperwork Reduction Planning and Implementation Program, 47656–47664 Federal Aviation Administration Final Priorities––Rehabilitation Training: RULES Innovative Rehabilitation Training program, 47664–47668 Airworthiness Directives: Final Waivers and Extension of the Project Period for the Airbus Helicopters (Type Certificate Previously Held by National Center for Information and Technical Support Eurocopter France) Helicopters, 47641–47643 for Postsecondary Students With Disabilities Grant Bombardier, Inc., Airplanes, 47635–47638 Program, 47668–47670 DG Flugzeugbau GmbH Gliders, 47638–47641 NOTICES Standard Instrument Approach Procedures, and Takeoff Agency Information Collection Activities; Proposals, Minimums and Obstacle Departure Procedures: Submissions, and Approvals: Miscellaneous Amendments, 47643–47648 Application Forms and Instructions for the National PROPOSED RULES Resource Centers and Foreign Language and Area Airworthiness Directives: Studies Fellowships Programs, 47769–47770 Airbus Helicopters, 47714–47716

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Pilatus Aircraft Ltd. Airplanes, 47712–47714, 47716– Report on the Performance of Drug and Biologics Firms in 47718 Conducting Postmarketing Requirements and The Boeing Company Airplanes, 47698–47712 Commitments, 47799 Amendment of Class E Airspace: Coeur D’Alene, ID, 47718–47720 Foreign Assets Control Office NOTICES NOTICES Change the Land Use From Aeronautical to Non Blocking or Unblocking of Persons and Properties, 47838– Aeronautical for 1.1 Acres of Airport Land at Norwood 47843 Memorial Airport, Norwood, MA, 47838 Equal Land Swap: Tweed-New Haven Regional Airport, New Haven, CT, Health and Human Services Department 47838 See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services Federal Deposit Insurance Corporation See Food and Drug Administration NOTICES See Health Resources and Services Administration Termination of Receiverships, 47793 See National Institutes of Health See Substance Abuse and Mental Health Services Federal Emergency Management Agency Administration RULES NOTICES Suspension of Community Eligibility, 47673–47675 Meetings: National Vaccine Advisory Committee, 47804 Federal Energy Regulatory Commission NOTICES Health Resources and Services Administration Announcing Release of Modernized eLIBRARY System: NOTICES Electronic Document Management System (eLibrary) Agency Information Collection Activities; Proposals, Enhancements, 47782 Submissions, and Approvals: Combined Filings, 47782–47786 Federal Tort Claims Act Program Deeming Sponsorship Complaint: Application for Free Clinics, 47803–47804 Duquesne Light Co. v. PJM Interconnection, L.L.C., 47784–47785 Environmental Assessments; Availability, etc.: Homeland Security Department Bear Swamp Power Company, LLC, 47790 See Coast Guard Columbia Gulf Transmission, LLC, 47786–47788 See Federal Emergency Management Agency Filing: FirstEnergy Service Co., 47788 Interior Department Petition for Declaratory Order: See National Park Service Andalusian Energy, LLC, 47788 Request Under Blanket Authorization: Internal Revenue Service Black Marlin Pipeline, LLC, 47781–47782 NOTICES Reservoir Drawdown and Operations Plan: Meetings: Santa Clara Valley Water District, 47789–47790 Taxpayer Advocacy Panel Joint Committee, 47876 Schedule for Environmental Review: Quarterly Publication of Individuals, Who Have Chosen to Texas Eastern Transmission, LP, 47788–47789 Expatriate, 47843–47876 Food and Drug Administration International Trade Administration NOTICES Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Antidumping or Countervailing Duty Investigations, Orders, Channels of Trade Policy for Commodities With Residues or Reviews: of Pesticide Chemicals, for Which Tolerances Have Certain Aluminum Foil From the People’s Republic of Been Revoked, Suspended, or Modified by the China, 47730–47731 Environmental Protection Agency Pursuant to Dietary Crystalline Silicon Photovoltaic Products From the Risk Considerations, 47801–47803 People’s Republic of China, 47731 Establishing and Maintaining a List of Manufacturers/ Initiation of Antidumping and Countervailing Duty Processors of Feed Additives, Premixes, Compound Administrative Reviews, 47731–47737 Feed, Distillers’ Dried Grains, and Distillers’ Dried Grains With Solubles for Use With Animals With International Trade Commission Interest in Exporting to The People’s Republic of NOTICES China, 47796–47797 Complaint: Extralabel Drug Use in Animals, 47794–47796 Certain Variable Speed Wind Turbine Generators and Temporary Marketing Permit Applications, 47793–47794 Components Thereof, 47810–47811 Guidance: Investigations; Determinations, Modifications, and Rulings, Inorganic Arsenic in Rice Cereals for Infants, 47797– etc.: 47798 Certain Electronic Devices With Optical Filters and Limited Population Pathway for Antibacterial and Optical Sensor Systems and Components Thereof, Antifungal Drugs, 47799–47801 47812 Phibro Animal Health Corp.; Carbadox in Medicated Swine Certain Two-Way Global Satellite Communication Feed; Revocation of Approved Method; Correction, Devices, System, and Components Thereof, 47812– 47798–47799 47813

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National Institutes of Health Cboe Exchange, Inc., 47816–47819 NOTICES Financial Industry Regulatory Authority, Inc., 47824– Agency Information Collection Activities; Proposals, 47827 Submissions, and Approvals: ICE Clear Credit, LLC, 47827–47831 Identifying Experts in Prevention Science Methods To Long-Term Stock Exchange, Inc., 47834–47837 Include on NIH Review Panels (Office of the MEMX, LLC, 47831–47834 Director, Office of Disease Prevention), 47805–47806 NYSE American, LLC, 47813–47816 Senior Executive Service: NYSE Arca, Inc., 47821–47824 Membership of Performance Review Board, 47804–47805 Social Security Administration National Oceanic and Atmospheric Administration NOTICES NOTICES Privacy Act; Matching Program, 47837–47838 Science and Technology Strategy: Citizen Science, 47750 Takes of Marine Mammals Incidental to Specified State Department Activities: NOTICES Mukilteo Multimodal Construction Project in Washington Meetings: State, 47737–47750 Bureau of Educational and Cultural Affairs Evaluation Division Monitoring Data for ECA Framework National Park Service Community of Practice; Recording, 47838 NOTICES Inventory Completion: Substance Abuse and Mental Health Services Hastings Museum, Hastings, NE, 47806–47807 Administration Tennessee Valley Authority, Knoxville, TN, 47809–47810 NOTICES Virginia Living Museum, Newport News, VA, 47807– Meetings: 47808 Center for Mental Health Services National Advisory National Register of Historic Places: Council, 47806 Pending Nominations and Related Actions, 47808–47809 Postal Service Surface Transportation Board PROPOSED RULES RULES Electronic Indicators for the Mailing of Hazardous and Market Dominance Streamlined Approach, 47675–47697 Perishable Materials, 47720–47723 Transportation Department Presidential Documents See Federal Aviation Administration EXECUTIVE ORDERS Government Organizations and Employees: Treasury Department Federal Contracting and Hiring Practices; Alignment See Foreign Assets Control Office Efforts With Interests of U.S. Workers (EO 13940), See Internal Revenue Service 47877–47880 Health and Medical Care: Rural Health and Telehealth; Access Improvement Efforts (EO 13941), 47881–47883 Separate Parts In This Issue ADMINISTRATIVE ORDERS COVID–19 Response and Economic Recovery Facilitation in Part II Florida; Extension of Use of National Guard Presidential Documents, 47877–47883, 47885–47890 (Memorandum of August 3, 2020), 47889–47890 COVID–19 Response and Economic Recovery Facilitation in Texas; Extension of Use of National Guard Reader Aids (Memorandum of August 3, 2020), 47887–47888 COVID–19 Response and Economic Recovery Facilitation; Consult the Reader Aids section at the end of this issue for Extension of Use of National Guard (Memorandum of phone numbers, online resources, finding aids, and notice August 3, 2020), 47885–47886 of recently enacted public laws. To subscribe to the Federal Register Table of Contents Securities and Exchange Commission electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Self-Regulatory Organizations; Proposed Rule Changes: address, then follow the instructions to join, leave, or BOX Exchange, LLC, 47819–47821 manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Executive Orders: 13940...... 47879 13941...... 47881 Administrative Orders: Memorandums: Memorandum of August 3, 2020...... 47885 Memorandum of August 3, 2020...... 47887 Memorandum of August 3, 2020...... 47889 14 CFR 39 (3 documents) ...... 47635, 47638, 47641 97 (2 documents) ...... 47643, 47645 Proposed Rules: 39 (4 documents) ...... 47698, 47712, 47714, 47716 71...... 47718 33 CFR 165 (2 documents) ...... 47648, 47650 34 CFR Ch. III (4 documents) .....47652, 47656, 47664, 47668 39 CFR Proposed Rules: 113...... 47720 40 CFR 52...... 47670 81...... 47670 42 CFR Proposed Rules: 412...... 47723 44 CFR 64...... 47673 49 CFR 1011...... 47675 1111...... 47675

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Rules and Regulations Federal Register Vol. 85, No. 152

Thursday, August 6, 2020

This section of the FEDERAL REGISTER internet https://www.bombardier.com. cracks were found on the lower right- contains regulatory documents having general You may view this service information hand-side wing plank at the end of the applicability and legal effect, most of which at the FAA, Airworthiness Products integrally machined stringers, which led are keyed to and codified in the Code of Section, Operational Safety Branch, to a determination that new or more Federal Regulations, which is published under 2200 South 216th St., Des Moines, WA. restrictive airworthiness limitations are 50 titles pursuant to 44 U.S.C. 1510. For information on the availability of necessary. The NPRM proposed to The Code of Federal Regulations is sold by this material at the FAA, call 206–231– require, for certain airplanes, revising the Superintendent of Documents. 3195. It is also available on the internet the existing maintenance or inspection at https://www.regulations.gov by program, as applicable, to incorporate searching for and locating Docket No. new or more restrictive airworthiness DEPARTMENT OF TRANSPORTATION FAA–2019–0987. limitations. The FAA is issuing this AD to address undetected cracks on the Federal Aviation Administration Examining the AD Docket lower wing plank at the stringer run-out, You may examine the AD docket on which could affect the structural 14 CFR Part 39 the internet at https:// integrity of the wing. See the MCAI for [Docket No. FAA–2019–0987; Product www.regulations.gov by searching for additional background information. and locating Docket No. FAA–2019– Identifier 2019–NM–144–AD; Amendment Comments 39–19922; AD 2020–12–13] 0987; or in person at Docket Operations The FAA gave the public the RIN 2120–AA64 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. opportunity to participate in developing Airworthiness Directives; Bombardier, The AD docket contains this final rule, this final rule. The following presents Inc., Airplanes any comments received, and other the comments received on the NPRM information. The address for Docket and the FAA’s response to each AGENCY: Federal Aviation Operations is U.S. Department of comment. Administration (FAA), Department of Transportation, Docket Operations, M– Request To Clarify Affected AD Transportation (DOT). 30, West Building Ground Floor, Room Air Wisconsin Airlines stated that ACTION: Final rule. W12–140, 1200 New Jersey Avenue SE, paragraph (b) of the proposed AD Washington, DC 20590. SUMMARY: The FAA is adopting a new specifies the affected ADs as ‘‘None,’’ FOR FURTHER INFORMATION CONTACT: Aziz airworthiness directive (AD) for certain and that although AD 2016–17–15, Ahmed, Aerospace Engineer, Airframe Amendment 39–18628 (81 FR 59839, Bombardier, Inc., Model CL–600–2B19 and Propulsion Section, FAA, New York (Regional Jet Series 100 & 440) August 31, 2016) (‘‘AD 2016–17–15’’), ACO Branch, 1600 Stewart Avenue, may not be affected by the NPRM, it is airplanes. This AD was prompted by Suite 410, Westbury, NY 11590; reports that during airplane wing fatigue associated with it. The FAA infers that telephone 516–228–7329; fax 516–794– Air Wisconsin Airlines is requesting testing, fatigue cracks were found on the 5531; email [email protected]. lower right-hand-side wing plank at the clarification of AD 2016–17–15 as an SUPPLEMENTARY INFORMATION: end of the integrally machined stringers, affected AD and if it should be cited in which led to a determination that new Discussion paragraph (b) of the proposed AD. or more restrictive airworthiness The FAA agrees to clarify. The FAA Transport Canada Civil Aviation acknowledges this AD affects AD 2016– limitations are necessary. This AD (TCCA), which is the aviation authority requires, for certain airplanes, revising 17–15. ADs that are superseded or are for Canada, has issued Canadian AD terminated (or partially terminated) by the existing maintenance or inspection CF–2019–21, dated May 15, 2019 (also program, as applicable, to incorporate an AD are listed in paragraph (b) of that referred to as the Mandatory Continuing AD. The FAA has added paragraph (j) to new or more restrictive airworthiness Airworthiness Information, or ‘‘the limitations. The FAA is issuing this AD the AD to specify that accomplishing MCAI’’), to correct an unsafe condition the revision required by paragraph (g) of to address the unsafe condition on these for certain Bombardier, Inc., Model CL– products. this AD terminates the requirement to 600–2B19 (Regional Jet Series 100 & incorporate airworthiness limitations DATES: This AD is effective September 440) airplanes. You may examine the (AWL) task 57–21–112 in Part 6—Eddy 10, 2020. MCAI in the AD docket on the internet Current, of Canadair Regional Jet CRJ200 The Director of the Federal Register at https://www.regulations.gov by Nondestructive Testing Manual, CSP A– approved the incorporation by reference searching for and locating Docket No. 010, Revision 40, dated November 10, of certain publications listed in this AD FAA–2019–0987. 2018 (‘‘AWL task 57–21–112’’), as as of September 10, 2020. The FAA issued a notice of proposed specified in paragraph (g)(12) of AD ADDRESSES: For service information rulemaking (NPRM) to amend 14 CFR 2016–17–15. The FAA has also added identified in this final rule, contact part 39 by adding an AD that would AD 2016–17–15 to paragraph (b) of this Bombardier, Inc., 400 Coˆte-Vertu Road apply to certain Bombardier, Inc., Model AD. West, Dorval, Que´bec H4S 1Y9, Canada; CL–600–2B19 (Regional Jet Series 100 & Widebody Customer Response Center 440) airplanes. The NPRM published in Request To Revise a Certain Service North America toll-free telephone 1– the Federal Register on December 27, Information Citation 866–538–1247 or direct-dial telephone 2019 (84 FR 71335). The NPRM was Bombardier requested that the FAA 1–514–855–2999; fax 514–855–7401; prompted by reports that during revise the service information citation in email [email protected]; airplane wing fatigue testing, fatigue paragraph (g) of the proposed AD for the

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initial compliance time for AWL task Regional Jet CRJ200 Nondestructive 112. Air Wisconsin commented that 57–21–112. Bombardier stated that the Testing Manual, CSP A–010, Revision there needs to be a method of maintenance review manual specifies 41, dated October 10, 2019, includes the performing the inspection in the NDT the inspection intervals and not the same information that is specified in manual, because AWL task 57–21–112 nondestructive testing manual specified NDT Manual, Revision 40. If a revision may have been incorporated into a in paragraph (g) of the proposed AD. of the NDT manual does not contain the maintenance program many years ago The FAA agrees with the commenter same information for AWL task 57–21– and inspections using the NDT Manual, for the reason provided by the 112, as specified in NDT Manual, Revision 40, may have been performed commenter. The FAA has revised Revision 40, operators may request an immediately after its publication. Air paragraph (g) of this AD to state that the AMOC using the procedures specified Wisconsin also commented that initial compliance time for doing the in paragraph (k)(1) of this AD. depending on utilization, there may be task is at the at the next scheduled less than 100 cycles remaining before inspection as specified in AWL task 57– Request To Incorporate a Certain Temporary Revision the inspection is required to be 21–112, or within 30 days after the performed at the effective date of the effective date of this AD, whichever Bombardier requested that paragraph AD, and therefore, there needs to be a occurs later. (h) of the proposed AD state that the better phase-in schedule than that incorporation of Bombardier CL–600– shown in Temporary Revision 2B–2273, Request To Provide Clarification to the 2B19 Temporary Revision 2B–2273, NPRM or an inspection method is required to dated October 31, 2019, to Appendix be published sooner than later. The Air Wisconsin Airlines stated that it B—Airworthiness Limitations, Part 2 of FAA infers that Air Wisconsin is infers that the intent of paragraph (g) of the Bombardier CL–600–2B19 requesting clarification for the the proposed AD is to incorporate the Maintenance Requirements Manual inspection method. nondestructive testing (NDT) inspection (‘‘Temporary Revision 2B–2273’’), into The FAA agrees to clarify the introduced in Bombardier Canadair the next full manual revision also meets inspection method. Temporary Revision Regional Jet CRJ200 Nondestructive the requirements of paragraph (h) of the 2B–2273 does provide an inspection Testing Manual, CSP A–010, Revision proposed AD. method because it identifies the 40, dated November 10, 2018 (‘‘NDT The FAA agrees with the commenter inspection type as a special detailed Manual, Revision 40’’), as AD 2016–17– that the next full manual revision that inspection and includes a reference to 15 already requires incorporation of incorporates the information in AWL task 57–21–169. The inspection AWL task 57–21–112 into an operator’s Temporary Revision 2B–2273 will meet method is available in the NDT manual. maintenance program. Air Wisconsin the requirements of paragraph (h) of this Regarding the phase-in schedule, the Airlines stated that if it is required to AD. The FAA has revised the language FAA notes that paragraph (h) of this AD use only NDT Manual, Revision 40, then in paragraph (h) of this AD to specify provides a 30-day grace period for the it would suggest that an alternative that operators ‘‘revise the existing initial compliance time. Operators may method of compliance (AMOC) would maintenance or inspection program, as also request an AMOC to extend the be required for every revision issued applicable, to incorporate the compliance time using the procedures after that to the NDT manual, as information in AWL task 57–21–169, as specified in paragraph (k)(1) of this AD. required by AD 2009–06–12, specified in Bombardier CL–600–2B19 The FAA has not changed this AD in Amendment 39–15848 (74 FR 10457, Temporary Revision 2B–2273, dated this regard. March 11, 2009), for the fault isolation October 31, 2019, to Appendix B— manual (FIM). Air Wisconsin Airlines Airworthiness Limitations, of Part 2 of Conclusion asked if that is the intent of the NPRM, the Bombardier CL–600–2B19 The FAA reviewed the relevant data, or is the intent of the NPRM as specified Maintenance Requirements Manual.’’ considered the comments received, and in the MCAI to prohibit the use of This revised language requires determined that air safety and the earlier revisions of the NDT manual. including the information that is public interest require adopting this The FAA infers that Air Wisconsin provided in the referenced temporary final rule with the changes described Airlines is requesting the FAA clarify revision. The revised language in previously and minor editorial changes. the intent of paragraph (g) of the NPRM. paragraph (h) of this AD is designed to The FAA has determined that these The FAA agrees to clarify the intent allow incorporating the specific minor changes: of paragraph (g) of this AD. The intent information, regardless of the revision • Are consistent with the intent that is to prohibit the use of revisions prior level of the NDT manual in use, so long was proposed in the NPRM for to NDT Manual, Revision 40. The FAA as the information is identical to that in addressing the unsafe condition; and revised the language in paragraph (g) of Temporary Revision 2B–2273. • Do not add any additional burden this AD to specify operators to ‘‘revise upon the public than was already the existing maintenance or inspection Request To Clarify the Inspection Method proposed in the NPRM. program, as applicable, to incorporate The FAA also determined that these the information in AWL task 57–21– Air Wisconsin stated that paragraph changes will not increase the economic 112, as specified in Part 6—Eddy (h) of the proposed AD specifies that the burden on any operator or increase the Current, of Bombardier Canadair requirement is to incorporate AWL task scope of this final rule. Regional Jet CRJ200 Nondestructive 57–21–169, as specified in Temporary Testing Manual, CSP A–010, Revision Revision 2B–2273 for which there is no Related Service Information Under 1 40, dated November 10, 2018.’’ The existing inspection in the NDT manual. CFR Part 51 revised language in paragraph (g) of this Air Wisconsin stated that Temporary Bombardier has issued Airworthiness AD is designed to allow incorporating Revision 2B–2273 does not indicate Limitations task 57–21–112 to Part 6— the specific information, regardless of how to perform this inspection and that Eddy Current, of Canadair Regional Jet the revision level of the NDT manual, in it only states to perform it, dependent CRJ200 Nondestructive Testing Manual, use, so long as the language is identical upon maximum take-off weight CSP A–010, Revision 40, dated to the information in NDT Manual, (MTOW) if over the threshold from the November 10, 2018. This service Revision 40. Bombardier Canadair last inspection per AWL task 57–21– information describes airworthiness

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limitations for doing a special detailed necessary for safety in air commerce. (e) Reason inspection of the lower wing skin splice This regulation is within the scope of This AD was prompted by reports that joints at buttock line (BL) 45.00, wing that authority because it addresses an during airplane wing fatigue testing, fatigue station (WS) 65.75, and WS148.00. unsafe condition that is likely to exist or cracks were found on the lower right-hand- Bombardier has also issued CL–600– develop on products identified in this side wing plank at the end of the integrally 2B19 Temporary Revision 2B–2273, rulemaking action. machined stringers, which led to a dated October 31, 2019, to Appendix determination that new or more restrictive Regulatory Findings B—Airworthiness Limitations, of Part 2 airworthiness limitations are necessary. The FAA is issuing this AD to address undetected of the Bombardier CL–600–2B19 This AD will not have federalism implications under Executive Order cracks on the lower wing plank at the stringer Maintenance Requirements Manual. run-out, which could affect the structural This service information describes 13132. This AD will not have a integrity of the wing. airworthiness limitations for doing an substantial direct effect on the States, on inspection for cracking on the lower the relationship between the national (f) Compliance wing plank at the stringer run-out. government and the States, or on the Comply with this AD within the This service information is reasonably distribution of power and compliance times specified, unless already available because the interested parties responsibilities among the various done. have access to it through their normal levels of government. (g) Maintenance or Inspection Program course of business or by the means For the reasons discussed above, I Revision for Task 57–21–112 identified in the ADDRESSES section. certify that this AD: For airplanes on which Bombardier Service (1) Is not a ‘‘significant regulatory Costs of Compliance Bulletin 601R–57–044 has not been done: action’’ under Executive Order 12866, Within 30 days after the effective date of this The FAA estimates that this AD (2) Will not affect intrastate aviation AD, revise the existing maintenance or affects 464 airplanes of U.S. registry. in Alaska, and inspection program, as applicable, to The FAA estimates the following costs (3) Will not have a significant incorporate the information in airworthiness to comply with this AD: economic impact, positive or negative, limitations (AWL) task 57–21–112, as The FAA has determined that revising on a substantial number of small entities specified in Part 6—Eddy Current, of the existing maintenance or inspection under the criteria of the Regulatory Bombardier Canadair Regional Jet CRJ200 program takes an average of 90 work- Flexibility Act. Nondestructive Testing Manual, CSP A–010, Revision 40, dated November 10, 2018. The hours per operator, although the FAA List of Subjects in 14 CFR Part 39 initial compliance time for doing the task is recognizes that this number may vary at the next scheduled inspection as specified from operator to operator. In the past, Air transportation, Aircraft, Aviation safety, Incorporation by reference, in AWL task 57–21–112, or within 30 days the FAA has estimated that this action after the effective date of this AD, whichever takes 1 work-hour per airplane. Since Safety. occurs later. operators incorporate maintenance or Adoption of the Amendment (h) Maintenance or Inspection Program inspection program changes for their Accordingly, under the authority Revision for Task 57–21–169 affected fleet(s), the FAA has delegated to me by the Administrator, For airplanes on which Bombardier Service determined that a per-operator estimate the FAA amends 14 CFR part 39 as Bulletin 601R–57–044 has been done: Within is more accurate than a per-airplane follows: 30 days after the effective date of this AD, estimate. Therefore, the FAA estimates revise the existing maintenance or inspection the total cost per operator to be $7,650 PART 39—AIRWORTHINESS program, as applicable, to incorporate the (90 work-hours × $85 per work-hour). DIRECTIVES information in AWL task 57–21–169, as According to the manufacturer, some specified in Bombardier CL–600–2B19 or all of the costs of this AD may be ■ 1. The authority citation for part 39 Temporary Revision 2B–2273, dated October covered under warranty, thereby continues to read as follows: 31, 2019, to Appendix B—Airworthiness reducing the cost impact on affected Limitations, of Part 2 of the Bombardier CL– Authority: 49 U.S.C. 106(g), 40113, 44701. 600–2B19 Maintenance Requirements individuals. The FAA does not control § 39.13 [Amended] Manual. The initial compliance time for warranty coverage for affected doing the task is at the time specified in individuals. As a result, the FAA has ■ 2. The FAA amends § 39.13 by adding Bombardier CL–600–2B19 Temporary included all known costs in the cost the following new airworthiness Revision 2B–2273, dated October 31, 2019, to estimate. directive (AD): Appendix B—Airworthiness Limitations, of Part 2 of the Bombardier CL–600–2B19 Authority for This Rulemaking 2020–12–13 Bombardier, Inc.: Amendment Maintenance Requirements Manual, or 39–19922; Docket No. FAA–2019–0987; within 30 days after the effective date of this Title 49 of the United States Code Product Identifier 2019–NM–144–AD. specifies the FAA’s authority to issue AD, whichever occurs later. (a) Effective Date rules on aviation safety. Subtitle I, (i) No Alternative Actions or Intervals This AD is effective September 10, 2020. section 106, describes the authority of After the existing maintenance or the FAA Administrator. Subtitle VII: (b) Affected ADs inspection program has been revised as Aviation Programs, describes in more This AD affects AD 2016–17–15, required by paragraphs (g) and (h) of this AD, detail the scope of the Agency’s Amendment 39–18628 (81 FR 59839, August no alternative actions (e.g., inspections) or authority. 31, 2016) (‘‘AD 2016–17–15’’). intervals may be used unless the actions or The FAA is issuing this rulemaking intervals are approved as an alternative under the authority described in (c) Applicability method of compliance (AMOC) in Subtitle VII, Part A, Subpart III, Section This AD applies to Bombardier, Inc., accordance with the procedures specified in 44701: ‘‘General requirements.’’ Under Model CL–600–2B19 (Regional Jet Series 100 paragraph (k)(1) of this AD. & 440) airplanes, certificated in any category, that section, Congress charges the FAA (j) Terminating Action for a Certain serial number 7003 and subsequent. with promoting safe flight of civil Requirement of AD 2016–17–15. aircraft in air commerce by prescribing (d) Subject Accomplishing the revision required by regulations for practices, methods, and Air Transport Association (ATA) of paragraph (g) of this AD terminates the procedures the Administrator finds America Code 57, Wings. requirement to incorporate AWL 57–21–112

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as specified in paragraph (g)(12) of AD 2016– 866–538–1247 or direct-dial telephone 1– The Director of the Federal Register 17–15. 514–855–2999; fax 514–855–7401; email approved the incorporation by reference [email protected]; internet (k) Other FAA AD Provisions of certain publications listed in the AD https://www.bombardier.com. as of August 26, 2020. The following provisions also apply to this (4) You may view this service information AD: at the FAA, Airworthiness Products Section, The FAA must receive comments on (1) Alternative Methods of Compliance Operational Safety Branch, 2200 South 216th this AD by September 21, 2020. (AMOCs): The Manager, New York ACO St., Des Moines, WA. For information on the ADDRESSES: You may send comments by Branch, FAA, has the authority to approve availability of this material at the FAA, call any of the following methods: AMOCs for this AD, if requested using the 206–231–3195. • Federal eRulemaking Portal: Go to procedures found in 14 CFR 39.19. In (5) You may view this service information accordance with 14 CFR 39.19, send your https://www.regulations.gov. Follow the that is incorporated by reference at the instructions for submitting comments. request to your principal inspector or local National Archives and Records Flight Standards District Office, as • Fax: (202) 493–2251. Administration (NARA). For information on • appropriate. If sending information directly the availability of this material at NARA, Mail: U.S. Department of to the manager of the certification office, email [email protected], or go to: https:// Transportation, Docket Operations, M– send it to ATTN: Program Manager, www.archives.gov/federal-register/cfr/ibr- 30, West Building Ground Floor, Room Continuing Operational Safety, FAA, New locations.html. W12–140, 1200 New Jersey Avenue SE, York ACO Branch, 1600 Stewart Avenue, Washington, DC 20590. Suite 410, Westbury, NY 11590; telephone Issued on June 19, 2020. • Hand Delivery: U.S. Department of 516–228–7300; fax 516–794–5531. Before Lance T. Gant, using any approved AMOC, notify your Transportation, Docket Operations, M– Director, Compliance & Airworthiness 30, West Building Ground Floor, Room appropriate principal inspector, or lacking a Division, Aircraft Certification Service. principal inspector, the manager of the local W12–140, 1200 New Jersey Avenue SE, flight standards district office/certificate [FR Doc. 2020–17124 Filed 8–5–20; 8:45 am] Washington, DC 20590, between 9 a.m. holding district office. BILLING CODE 4910–13–P and 5 p.m., Monday through Friday, (2) Contacting the Manufacturer: For any except Federal holidays. requirement in this AD to obtain instructions For the DG Flugzeugbau GmbH from a manufacturer, the instructions must DEPARTMENT OF TRANSPORTATION be accomplished using a method approved service information and Repair by the Manager, New York ACO Branch, Federal Aviation Administration Instruction RI–DG–05 identified in this FAA; or Transport Canada Civil Aviation AD, contact DG-Flugzeugbau GmbH, (TCCA); or Bombardier, Inc.’s TCCA Design 14 CFR Part 39 Otto Lilienthal Weg 2, D–76646, Approval Organization (DAO). If approved by Bruchsal, Germany, telephone: +49 (0) the DAO, the approval must include the [Docket No. FAA–2020–0600; Product 7251 3020–0, fax: +49 (0) 7251 3020– DAO-authorized signature. Identifier 2019–CE–043–AD; Amendment 200; email: [email protected]; 39–21154; AD 2020–13–09] (l) Related Information internet: https://www.dg- (1) Refer to Mandatory Continuing RIN 2120–AA64 flugzeugbau.de/en/. You may view this Airworthiness Information (MCAI) Canadian referenced service information at the AD CF–2019–21, dated May 15, 2019, for Airworthiness Directives; DG FAA, Airworthiness Products Section, related information. This MCAI may be Flugzeugbau GmbH Gliders Operational Safety Branch, 901 Locust, found in the AD docket on the internet at Kansas City, Missouri 64106. For https://www.regulations.gov by searching for AGENCY: Federal Aviation information on the availability of this and locating Docket No. FAA–2019–0987. Administration (FAA), DOT. material at the FAA, call (816) 329– (2) For more information about this AD, ACTION: Final rule; request for 4148. It is also available on the internet contact Aziz Ahmed, Aerospace Engineer, Airframe and Propulsion Section, FAA, New comments. at https://www.regulations.gov by York ACO Branch, 1600 Stewart Avenue, searching for and locating Docket No. SUMMARY: The FAA is adopting a new Suite 410, Westbury, NY 11590; telephone FAA–2020–0600. 516–228–7329; fax 516–794–5531; email 9- airworthiness directive (AD) for all DG [email protected]. Flugzeugbau GmbH Models DG–500 Examining the AD Docket Elan Orion, DG–500 Elan Trainer, DG– (m) Material Incorporated by Reference You may examine the AD docket on 500/20 Elan, DG–500/22 Elan, DG– the internet at https:// (1) The Director of the Federal Register 500M, and DG–500MB gliders and www.regulations.gov by searching for approved the incorporation by reference certain Models DG–1000S and DG– and locating Docket No. FAA–2020– (IBR) of the service information listed in this 1000T gliders. This AD results from paragraph under 5 U.S.C. 552(a) and 1 CFR 0600; or in person at Docket Operations part 51. mandatory continuing airworthiness between 9 a.m. and 5 p.m., Monday (2) You must use this service information information (MCAI) issued by the through Friday, except Federal holidays. as applicable to do the actions required by aviation authority of another country to The AD docket contains this AD, the this AD, unless this AD specifies otherwise. identify and correct an unsafe condition regulatory evaluation, any comments (i) Airworthiness Limitations task 57–21– on an aviation product. The MCAI received, and other information. The 112 to Part 6—Eddy Current, of Bombardier describes the unsafe condition as the street address for Docket Operations is Canadair Regional Jet CRJ200 Nondestructive rear locking rod of the rear canopy listed above. Comments will be Testing Manual, CSP A–010, Revision 40, rotating out of the threads of the dated November 10, 2018. available in the AD docket shortly after (ii) Bombardier CL–600–2B19 Temporary operating mechanism, which could lead receipt. Revision 2B–2273, dated October 31, 2019, to to blocking of the canopy emergency FOR FURTHER INFORMATION CONTACT: Jim Appendix B—Airworthiness Limitations, of release system, preventing safe escape of Rutherford, Aerospace Engineer, FAA, Part 2 of the Bombardier CL–600–2B19 occupants from the glider. The FAA is General Aviation & Rotorcraft Section, Maintenance Requirements Manual. issuing this AD to require actions to (3) For service information identified in International Validation Branch, 901 address the unsafe condition on these Locust, Room 301, Kansas City, this AD, contact Bombardier, Inc., 400 Coˆte- products. Vertu Road West, Dorval, Que´bec H4S 1Y9, Missouri 64106; telephone: (816) 329– Canada; Widebody Customer Response DATES: This AD is effective August 26, 4165; fax: (816) 329–4090; email: Center North America toll-free telephone 1– 2020. [email protected].

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SUPPLEMENTARY INFORMATION: have access to it through their normal ADDRESSES section. Include ‘‘Docket No. course of business or by the means FAA–2020–0600; Product Identifier Discussion identified in the ADDRESSES section. 2019–CE–043–AD’’ at the beginning of The European Union Aviation Safety your comments. The FAA will consider Other Related Service Information Agency (EASA), which is the Technical all comments received by the closing Agent for the Member States of the The FAA also reviewed Repair date and may amend this AD because of European Community, has issued EASA Instruction RI–DG–05, dated August 15, those comments. AD No. 2019–0237R1, dated September 2019. The service information is Except for Confidential Business 24, 2019, (referred to after this as ‘‘the referenced in DG Flugzeugbau GmbH Information (CBI) as described in the MCAI’’), to correct an unsafe condition Technical Note No. 1000/42, Document following paragraph, and other for DG Flugzeugbau GmbH Models DG– No. TM1000–42 FE–29–01, Issue 01.b, information as described in 14 CFR 500 Elan Orion, DG–500 Elan Trainer, dated September 11, 2019; and 11.35, the FAA will post all comments DG–500/20 Elan, DG–500/22 Elan, DG– Technical Note TN500/13, Document received, without change, to https:// 500M and DG–500MB, and certain No. TM1000–42 FE–29–01, Issue 01.b, www.regulations.gov, including any Models DG–1000S and DG–1000T dated September 11, 2019; and contains personal information you provide. The gliders. The MCAI states: procedures for repairing the rear locking FAA will also post a report summarizing each substantive verbal Occurrences have been reported where the rods of the canopy lock. contact received about this AD. rear locking rod of the rear canopy rotated FAA’s Determination and Requirements out of the threads of the operating of the AD Confidential Business Information mechanism. Due to the similarity in design, the front canopy locking mechanism may These products have been approved CBI is commercial or financial also be affected. by the aviation authority of another information that is both customarily and This condition, if not detected and country and are approved for operation actually treated as private by its owner. corrected, could lead to blocking of the in the United States. Pursuant to our Under the Freedom of Information Act canopy emergency release system, possibly bilateral agreement with this State of (FOIA) (5 U.S.C. 552), CBI is exempt preventing safe escape of the occupant(s) Design Authority, it has notified us of from public disclosure. If your from the (powered) sailplane in case of an in- the unsafe condition described in the comments responsive to this AD contain flight emergency. commercial or financial information To address this unsafe condition, DG- MCAI and service information Flugzeugbau published the TN [DG- referenced above. The FAA is issuing that is customarily treated as private, Flugzeugbau GmbH Technical Note TN1000/ this AD because it evaluated all that you actually treat as private, and 42 and TN500/13] and the RI [Repair information provided by the State of that is relevant or responsive to this AD, Instruction RI–DG–05] to provide inspection Design Authority and determined the it is important that you clearly designate and repair instructions. unsafe condition exists and is likely to the submitted comments as CBI. Please For the reason described above, this exist or develop on other products of the mark each page of your submission [EASA] AD requires repetitive inspections of same type design. containing CBI as ‘‘PROPIN.’’ The FAA the front and rear canopy to determine if the will treat such marked submissions as end of the rear locking rod protrudes over the Differences Between This AD and the confidential under the FOIA, and they canopy frame contour, and annual checks of MCAI the front and rear canopy rear locking rods will not be placed in the public docket to determine that they are screwed in tightly, The MCAI requires a daily inspection of this AD. Submissions containing CBI and, depending on findings, repair of the of the front and rear canopy, and this should be sent to Jim Rutherford, canopy rear locking rods. This [EASA] AD AD does not. Aerospace Engineer, FAA, General also requires amendment of the applicable Aviation & Rotorcraft Section, FAA’s Determination of the Effective Aircraft Flight Manual (AFM). International Validation Branch, 901 Date This [EASA] AD is revised to remove the Locust, Room 301, Kansas City, references to the TN instruction paragraphs, An unsafe condition exists that Missouri 64106. Any commentary that which have changed with TN issue 01.b. The requires the immediate adoption of this the FAA receives which is not revised TN issues were added to the list of AD. The FAA has found that the risk to reference publications. specifically designated as CBI will be the flying public justifies waiving notice placed in the public docket for this You may examine the MCAI on the and comment prior to adoption of this rulemaking. internet at https://www.regulations.gov rule because the FAA has determined by searching for and locating Docket No. that the required corrective actions must Costs of Compliance FAA–2020–0600. be accomplished before further flight. The FAA estimates that this AD will Related Service Information Under 1 Therefore, the FAA finds good cause affect 47 products of U.S. registry. The CFR Part 51 that notice and opportunity for prior FAA also estimates that it would take public comment are impracticable. In 1.5 work-hours per product to inspect The FAA reviewed DG Flugzeugbau addition, for the reason stated above, it the canopy rear locking rods. In GmbH Technical Note No. 1000/42, finds that good cause exists for making addition, the FAA estimates that it Document No. TM1000–42 FE–29–01, this amendment effective in less than 30 would take 0.5 work-hour per product Issue 01.b, dated September 11, 2019; days. to revise the aircraft flight manual. The and Technical Note TN500/13, average labor rate is $85 per work-hour. Document No. TM1000–42 FE–29–01, Comments Invited Based on these figures, the FAA Issue 01.b, dated September 11, 2019; This AD is a final rule that involves estimates the annual cost of this AD on which are co-published as one requirements affecting flight safety, and U.S. operators to be $7,990, or $170 per document. The service information the FAA did not precede it by notice product. contains procedures for inspecting the and opportunity for public comment. In addition, the FAA estimates that rear locking rods on both the front and The FAA invites you to send any any necessary follow-on repairs to the rear canopy for rod protrusion. written relevant data, views, or canopy rear locking rods will take 8 This service information is reasonably arguments about this AD. Send your work-hours and require parts costing available because the interested parties comments to an address listed under the $200, for a cost of $880 per product. The

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FAA has no way of determining the PART 39—AIRWORTHINESS canopy and repair any discrepancies by number of products that may need these DIRECTIVES following Instructions 1 through 3 in actions. TM1000–42 FE–29–01. ■ 1. The authority citation for part 39 Authority for This Rulemaking (g) Alternative Methods of Compliance continues to read as follows: (AMOCs) Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. The Manager, Small Airplane Standards specifies the FAA’s authority to issue Branch, FAA, has the authority to approve rules on aviation safety. Subtitle I, § 39.13 [Amended] AMOCs for this AD, if requested using the section 106, describes the authority of ■ 2. The FAA amends § 39.13 by adding procedures found in 14 CFR 39.19. Send the FAA Administrator. Subtitle VII: the following new airworthiness information to ATTN: Jim Rutherford, directive: Aerospace Engineer, FAA, General Aviation Aviation Programs, describes in more & Rotorcraft Section, International Validation detail the scope of the Agency’s 2020–13–09 DG Flugzeugbau GmbH: Branch, 901 Locust, Room 301, Kansas City, authority. Amendment 39–21154; Docket No. Missouri 64106; telephone: (816) 329–4165; The FAA is issuing this rulemaking FAA–2020–0600; Product Identifier fax: (816) 329–4090; email: jim.rutherford@ under the authority described in 2019–CE–043–AD. faa.gov. Before using any approved AMOC on any glider to which the AMOC applies, notify Subtitle VII, Part A, Subpart III, Section (a) Effective Date 44701: General requirements. Under your appropriate principal inspector (PI) in This airworthiness directive (AD) becomes the FAA Flight Standards District Office that section, Congress charges the FAA effective August 26, 2020. (FSDO), or lacking a PI, your local FSDO. with promoting safe flight of civil aircraft in air commerce by prescribing (b) Affected ADs (h) Related Information regulations for practices, methods, and None. Refer to MCAI European Union Aviation procedures the Administrator finds (c) Applicability Safety Agency AD No. 2019–0237R1, dated September 24, 2019. You may examine the necessary for safety in air commerce. This AD applies to DG Flugzeugbau GmbH This regulation is within the scope of MCAI on the internet at https:// Models DG–500 Elan Orion, DG–500 Elan www.regulations.gov by searching for and that authority because it addresses an Trainer, DG–500/20 Elan, DG–500/22 Elan, locating Docket No. FAA–2020–0600. unsafe condition that is likely to exist or DG–500M, and DG–500MB gliders, all serial develop on products identified in this numbers; and DG–1000S and DG–1000T (i) Material Incorporated by Reference rulemaking action. gliders, serial numbers up to and including (1) The Director of the Federal Register 10–144; certificated in any category. approved the incorporation by reference Regulatory Flexibility Act (d) Subject (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR The requirements of the Regulatory Air Transport Association of America part 51. Flexibility Act (RFA) do not apply when (ATA) Code 44: Cabin Systems. (2) You must use this service information an agency finds good cause pursuant to (e) Reason as applicable to do the actions required by 5 U.S.C. 553 to adopt a rule without this AD, unless the AD specifies otherwise. prior notice and comment. Because FAA This AD was prompted by the rear locking (i) DG Flugzeugbau GmbH Technical Note rod of the rear canopy rotating out of the has determined that it has good cause to No. 1000/42 Document No. TM1000–42 FE– threads of the operating mechanism. Due to 29–01, Issue 01.b, dated September 11, 2019. adopt this rule without notice and the similarity in design, the front canopy comment, RFA analysis is not required. (ii) DG Flugzeugbau GmbH Technical Note locking mechanism may also be affected. The No. TN500/13, Document No. TM1000–42 Regulatory Findings FAA is issuing this AD to repetitively inspect FE–29–01, Issue 01.b, dated September 11, the front and rear canopy locking rods, and 2019. The FAA determined that this AD make repairs as necessary, to prevent blocking of the canopy emergency release Note 1 to paragraph (i)(2) of this AD: DG will not have federalism implications Flugzeugbau GmbH Technical Note No. under Executive Order 13132. This AD system, which could affect the evacuation of occupants from the glider in an emergency. 1000/42 Document No. TM1000–42 FE–29– will not have a substantial direct effect 01, Issue 01.b, dated September 11, 2019; and on the States, on the relationship (f) Actions and Compliance DG Flugzeugbau GmbH Technical Note No. between the national government and Unless already done, do the following TN500/13, Document No. TM1000–42 FE– the States, or on the distribution of actions: 29–01, Issue 01.b, dated September 11, 2019, power and responsibilities among the (1) Before further flight after August 26, are co-published as one document. various levels of government. 2020 (the effective date of this AD), revise the (3) For the DG Flugzeugbau GmbH service For the reasons discussed above, I flight manual for your glider by inserting the information and Repair Instruction RI–DG–05 flight manual pages listed in Instruction 5 of identified in this AD, contact DG- certify that this AD: DG Flugzeugbau GmbH Technical Note (TN) Flugzeugbau GmbH, Otto Lilienthal Weg 2, (1) Is not a ‘‘significant regulatory No. 1000/42, Document No. TM1000–42 FE– D–76646, Bruchsal, Germany, telephone: +49 action’’ under Executive Order 12866, 29–01, Issue 01.b, dated September 11, 2019, (0) 7251 3020–0, fax: +49 (0) 7251 3020–200; and and TN No. 500/13, Document No. TM1000– email: [email protected]; internet: (2) Will not affect intrastate aviation 42 FE–29–01, Issue 01.b, dated September 11, https://www.dg-flugzeugbau.de/en/. 2019, which are co-published as one (4) You may view this service information in Alaska. document (TM1000–42 FE–29–01). This at the FAA, Airworthiness Products Section, List of Subjects in 14 CFR Part 39 action may be performed by the owner/ Operational Safety Branch, 901 Locust, operator (pilot) holding at least a private pilot Kansas City, Missouri 64106. For information Air transportation, Aircraft, Aviation certificate and must be entered into the on the availability of this material at the safety, Incorporation by reference, aircraft records showing compliance with FAA, call (816) 329–4148. It is also available Safety. this AD in accordance with 14 CFR 43.9 on the internet at https:// (a)(1) through (4) and 14 CFR 91.417(a)(2)(v). www.regulations.gov by searching for and Adoption of the Amendment The record must be maintained as required locating Docket No. FAA–2020–0600. by 14 CFR 91.417, 121.380, or 135.439. (5) You may view this service information Accordingly, under the authority (2) Before further flight after August 26, that is incorporated by reference at the delegated to me by the Administrator, 2020 (the effective date of this AD), and National Archives and Records the FAA amends 14 CFR part 39 as thereafter at each annual inspection, inspect Administration (NARA). For information on follows: the rear locking rods of the front and rear the availability of this material at NARA,

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email: [email protected], or go to: www.airbus.com/helicopters/services/ 18, 2015 (EASA AD 2008–0049R1), https://www.archives.gov/federal-register/cfr/ technical-support.html. You may view issued by EASA, which is the Technical ibr-locations.html. this service information at the FAA, Agent for the Member States of the Issued on June 19, 2020. Office of the Regional Counsel, European Union, to correct an unsafe Lance T. Gant, Southwest Region, 10101 Hillwood condition for Airbus Helicopters Model Director, Compliance & Airworthiness Pkwy., Room 6N–321, Fort Worth, TX SA 330 J helicopters. EASA advises that Division, Aircraft Certification Service. 76177. It is also available on the internet since EASA AD 2008–0049–E was [FR Doc. 2020–17043 Filed 8–5–20; 8:45 am] at https://www.regulations.gov by issued, Airbus Helicopters has BILLING CODE 4910–13–P searching for and locating Docket No. improved its procedures for assembling FAA–2019–1056. the flexible coupling-to-flanges during MGB overhaul and maintenance of Examining the AD Docket DEPARTMENT OF TRANSPORTATION individual flexible couplings. EASA You may examine the AD docket on further states that the improved Federal Aviation Administration the internet at https:// maintenance procedures ensure the www.regulations.gov in Docket No. correct torqueing of the attachment bolts 14 CFR Part 39 FAA–2019–1056; or in person at Docket of the flexible couplings. Because of Operations between 9 a.m. and 5 p.m., [Docket No. FAA–2019–1056; Product these improved procedures, EASA AD Identifier 2018–SW–047–AD; Amendment Monday through Friday, except Federal 2008–0049R1 states that installing a 39–21193; AD 2020–16–09] holidays. The AD docket contains this coupling-to-flange assembly that has AD, the European Aviation Safety been subject to improved maintenance RIN 2120–AA64 Agency (now European Union Aviation procedures after April 1, 2015, is an Safety Agency) (EASA) AD, any service Airworthiness Directives; Airbus acceptable method to comply with the information that is incorporated by Helicopters (Type Certificate requirements of that AD. The FAA reference, any comments received, and Previously Held by Eurocopter France) agrees with EASA’s determination and other information. The street address for Helicopters therefore proposed to change AD 2009– Docket Operations is U.S. Department of 25–09 accordingly. AGENCY: Federal Aviation Transportation, Docket Operations, M– Comments Administration (FAA), DOT. 30, West Building Ground Floor, Room ACTION: Final rule. W12–140, 1200 New Jersey Avenue SE, The FAA gave the public the Washington, DC 20590. opportunity to participate in developing SUMMARY: The FAA is superseding FOR FURTHER INFORMATION CONTACT: this AD, but did not receive any Airworthiness Directive (AD) 2009–25– James Blyn, Aviation Safety Engineer, comments on the NPRM. 09 for Eurocopter France (now Airbus Safety Management Section, Rotorcraft FAA’s Determination Helicopters) Model SA330F, G, and J Standards Branch, FAA, 10101 helicopters. AD 2009–25–09 required re- Hillwood Pkwy., Fort Worth, TX 76177; These helicopters have been approved adjusting the torque of the main gearbox telephone 817–222–5110; email by EASA and are approved for operation (MGB) flexible coupling bolts. Since the [email protected]. in the United States. Pursuant to the FAA issued AD 2009–25–09, Airbus SUPPLEMENTARY INFORMATION: FAA’s bilateral agreement with the Helicopters has modified the MGB European Union, EASA has notified the overhaul and repair procedures, which Discussion FAA of the unsafe condition described corrects the unsafe condition. The FAA issued a notice of proposed in its AD. The FAA is issuing this AD Additionally, the FAA-validation for rulemaking (NPRM) to amend 14 CFR after evaluating all information Model SA330F and G helicopters has part 39 to remove AD 2009–25–09, provided by EASA and determining the been cancelled. This new AD retains the Amendment 39–16128 (74 FR 66045, unsafe condition exists and is likely to requirements of AD 2009–25–09 and December 14, 2009) (‘‘AD 2009–25–09’’) exist or develop on other helicopters of revises the applicability by excluding and add a new AD. AD 2009–25–09 these same type designs and that air Model SA330F and G helicopters and applied to Eurocopter France (now safety and the public interest require excludes MGBs that have been subject Airbus Helicopters) Model SA330F, G, adopting the AD requirements as to the modified procedures. The actions and J helicopters. The NPRM published proposed. of this AD are intended to address an in the Federal Register on December 20, unsafe condition on these products. Related Service Information Under 1 2019 (84 FR 70076). AD 2009–25–09 CFR Part 51 DATES: This AD is effective September was prompted by EASA AD No. 2008– 10, 2020. 0049–E, dated March 3, 2008 and The FAA reviewed Eurocopter The Director of the Federal Register corrected March 7, 2008 (EASA AD Emergency Alert Service Bulletin No. approved the incorporation by reference 2008–0049–E), to correct an unsafe 05.95, dated March 3, 2008, and Airbus of a certain publication listed in this AD condition on Model SA 330 F, G, and Helicopters Emergency Alert Service as of September 10, 2020. J helicopters. The NPRM proposed to Bulletin No. 05.95, Revision 1, dated The Director of the Federal Register retain the attachment hardware torque October 22, 2015, which specify approved the incorporation by reference verification and re-adjustment procedures for readjusting or checking of certain publications listed in this AD requirements of AD 2009–25–09, and the tightening torque load of the as of December 29, 2009 (74 FR 66045 would revise the applicability paragraph hardware attaching the flexible coupling December 14, 2009). by excluding Model SA330F and G to the sliding coupling flange and the ADDRESSES: For service information helicopters and by excluding input bolts attaching the flexible coupling to identified in this final rule, contact flexible coupling flange assemblies that the fixed coupling flange. Revision 1 of Airbus Helicopters, 2701 N Forum have been installed in an MGB that has this service information excludes from Drive, Grand Prairie, TX 75052; been overhauled after April 1, 2015. its applicability certain flexible telephone 972–641–0000 or 800–232– The NPRM was prompted by EASA coupling assemblies that have 0323; fax 972–641–3775; or at https:// AD No. 2008–0049R1, dated December undergone the improved procedures.

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This service information is reasonably will not have a substantial direct effect discs. This condition, if not corrected, could available because the interested parties on the States, on the relationship result in loss of the MGB input, loss of the have access to it through their normal between the national government and drive transmission, and subsequent loss of course of business or by the means the States, or on the distribution of control of the helicopter. identified in the ADDRESSES section. power and responsibilities among the (c) Affected ADs various levels of government. This AD replaces AD 2009–25–09, Differences Between This AD and the For the reasons discussed above, I Service Information Amendment 39–16128 (74 FR 66045, certify that this AD: December 14, 2009). The service information requires 1. Is not a ‘‘significant regulatory (d) Effective Date contacting the manufacturer depending action’’ under Executive Order 12866, on the results of an inspection, but this 2. Will not affect intrastate aviation in This AD becomes effective September 10, AD does not. Alaska, and 2020. 3. Will not have a significant (e) Compliance Costs of Compliance economic impact, positive or negative, You are responsible for performing each The FAA estimates that this AD on a substantial number of small entities action required by this AD within the affects 16 helicopters of U.S. Registry. under the criteria of the Regulatory specified compliance time unless it has The FAA estimates that operators may Flexibility Act. already been accomplished prior to that time. incur the following costs in order to List of Subjects in 14 CFR Part 39 (f) Required Actions comply with this AD. Labor costs are (1) For MGB input flexible coupling flange estimated at $85 per work-hour. Air transportation, Aircraft, Aviation safety, Incorporation by reference, assemblies with less than 50 hours time-in- Re-adjusting the tightening torque on service (TIS) since new or since a complete the flexible coupling-to-flange Safety. overhaul of the MGB, re-adjust the tightening attachment bolts takes about 8 work- Adoption of the Amendment torque load of the 6 nuts on the flexible hours for an estimated cost of $680 per coupling-to-flange attachment bolts. helicopter and $10,880 for the U.S. fleet. Accordingly, under the authority Accomplish this re-adjustment between 50 For MGB input flexible coupling delegated to me by the Administrator, hours TIS and 75 hours TIS since new or flange assemblies with more than 75 the FAA amends 14 CFR part 39 as since a complete overhaul of the MGB in hours time-in-service, inspecting the follows: accordance with paragraph 2.B.2.a. of Eurocopter Emergency Alert Service Bulletin tightening torque load on the flexible PART 39—AIRWORTHINESS No. 05.95, dated March 3, 2008 (EASB 05.95) coupling-to-flange attachment bolts DIRECTIVES or Airbus Helicopters Emergency Alert takes about 10 work-hours for an Service Bulletin No. 05.95, Revision 1, dated estimated cost of $850 per helicopter. ■ 1. The authority citation for part 39 October 22, 2015 (EASB 05.95 Rev 1). If required, replacing a damaged continues to read as follows: (2) For MGB input flexible coupling flange flexible coupling takes about 1 work- assemblies with 50 hours TIS and 75 or less hour in addition to those required for Authority: 49 U.S.C. 106(g), 40113, 44701. hours TIS since new or since a complete overhaul of the MGB, either: disassembling and inspecting the § 39.13 [Amended] flexible coupling flange assembly and (i) Upon or before reaching 75 hours TIS ■ 2. The FAA amends § 39.13 by: since new or since a complete overhaul of the parts cost about $2,046 for an estimated ■ a. Removing Airworthiness Directive MGB, re-adjust the tightening torque load of cost of $2,131 per helicopter. (AD) 2009–25–09, Amendment 39– the 6 nuts on the flexible coupling-to-flange Authority for This Rulemaking 16128 (74 FR 66045, December 14, attachment bolts in accordance with paragraph 2.B.2.a. of EASB 05.95 or EASB Title 49 of the United States Code 2009); and ■ b. Adding the following new AD: 05.95 Rev 1; or specifies the FAA’s authority to issue (ii) Upon or before reaching 125 hours TIS rules on aviation safety. Subtitle I, 2020–16–09 Airbus Helicopters (Type since new or since a complete overhaul of the Section 106, describes the authority of Certificate Previously Held by MGB, inspect the tightening torque load of the FAA Administrator. Subtitle VII, Eurocopter France): Amendment 39– the 6 nuts on the flexible coupling-to-flange 21193; Docket No. FAA–2019–1056; attachment bolts in accordance with Aviation Programs, describes in more Product Identifier 2018–SW–047–AD. paragraph 2.B.2.b. of EASB 05.95 or EASB detail the scope of the Agency’s 05.95 Rev 1, except you are not required to authority. (a) Applicability contact the manufacturer. The FAA is issuing this rulemaking This AD applies to Airbus Helicopters (3) For MGB input flexible coupling flange under the authority described in (previously Eurocopter France) Model assemblies that have more than 75 hours TIS Subtitle VII, Part A, Subpart III, Section SA330J helicopters, certificated in any since new or since a complete overhaul of the 44701: General requirements. Under category, with a main gearbox (MGB) input MGB, within the next 50 hours TIS, inspect that section, Congress charges the FAA flexible coupling flange assembly part the tightening torque load of the 6 nuts on with promoting safe flight of civil number 330A–32937401 installed, that has the flexible coupling-to-flange attachment been modified per MOD 0752416 and MOD bolts, in accordance with paragraph 2.B.2.b. aircraft in air commerce by prescribing 0752419, excluding: of EASB 05.95 Rev 1, except you are not regulations for practices, methods, and (1) Assemblies that have been subject to a required to contact the manufacturer. procedures the Administrator finds maintenance scheduled inspection per (4) Prior to installing an MGB that contains necessary for safety in air commerce. Working Card 65.32.601 since new or since an input flexible coupling flange assembly This regulation is within the scope of a complete overhaul of the MGB; and that has been modified per MOD 0752416 that authority because it addresses an (2) Assemblies installed on an MGB that and MOD 0752419, you must comply with unsafe condition that is likely to exist or has undergone complete overhaul after April the provisions of this AD. 1, 2015, and that have not been replaced develop on products identified in this (g) Alternative Methods of Compliance since the complete overhaul of the MGB. rulemaking action. (AMOCs) (b) Unsafe Condition Regulatory Findings (1) The Manager, Rotorcraft Standards This AD defines the unsafe condition as Branch, FAA, may approve AMOCs for this The FAA has determined that this AD progressive fatigue failure of the coupling AD. Send your proposal to: James Blyn, will not have federalism implications discs, caused by excessive fretting on the Aviation Safety Engineer, Safety Management under Executive Order 13132. This AD faces and in the bolt holes of the coupling Section, Rotorcraft Standards Branch, FAA,

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10101 Hillwood Pkwy., Fort Worth, TX DEPARTMENT OF TRANSPORTATION Availability 76177; telephone 817–222–5110; email 9- [email protected]. Federal Aviation Administration All SIAPs and Takeoff Minimums and (2) For operations conducted under a 14 ODPs are available online free of charge. CFR part 119 operating certificate or under 14 CFR Part 97 Visit the National Flight Data Center at 14 CFR part 91, subpart K, the FAA suggests nfdc.faa.gov to register. Additionally, that you notify your principal inspector, or [Docket No. 31323 Amdt. No. 3915] individual SIAP and Takeoff Minimums lacking a principal inspector, the manager of and ODP copies may be obtained from the local flight standards district office or Standard Instrument Approach the FAA Air Traffic Organization certificate holding district office before Procedures, and Takeoff Minimums operating any aircraft complying with this Service Area in which the affected AD through an AMOC. and Obstacle Departure Procedures; airport is located. Miscellaneous Amendments (h) Additional Information FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures The subject of this AD is addressed in AGENCY: Federal Aviation European Aviation Safety Agency (now Administration (FAA), DOT. and Airspace Group, Flight European Union Aviation Safety Agency) ACTION: Final rule. Technologies and Procedures Division, (EASA) AD No. 2008–0049R1, dated Flight Standards Service, Federal December 18, 2015. You may view the EASA SUMMARY: This rule establishes, amends, Aviation Administration. Mailing AD on the internet at https:// suspends, or removes Standard Address: FAA Mike Monroney www.regulations.gov in Docket No. FAA– Instrument Approach Procedures Aeronautical Center, Flight Procedures 2019–1056. (SIAPs) and associated Takeoff and Airspace Group, 6500 South (i) Subject Minimums and Obstacle Departure MacArthur Blvd., Registry Bldg. 29, Joint Aircraft Service Component (JASC) Procedures (ODPs) for operations at Room 104, Oklahoma City, OK 73169. Code: 6310, Engine Transmission Coupling. certain airports. These regulatory Telephone: (405) 954–4164. actions are needed because of the (j) Material Incorporated by Reference SUPPLEMENTARY INFORMATION: This rule adoption of new or revised criteria, or amends Title 14 of the Code of Federal (1) The Director of the Federal Register because of changes occurring in the Regulations, Part 97 (14 CFR part 97), by approved the incorporation by reference of National Airspace System, such as the the service information listed in this establishing, amending, suspending, or paragraph under 5 U.S.C. 552(a) and 1 CFR commissioning of new navigational removes SIAPS, Takeoff Minimums part 51. facilities, adding new obstacles, or and/or ODPS. The complete regulatory (2) You must use this service information changing air traffic requirements. These description of each SIAP and its as applicable to do the actions required by changes are designed to provide safe associated Takeoff Minimums or ODP this AD, unless the AD specifies otherwise. and efficient use of the navigable for an identified airport is listed on FAA (3) The following service information was airspace and to promote safe flight form documents which are incorporated approved for IBR on September 10, 2020. operations under instrument flight rules by reference in this amendment under 5 (i) Airbus Helicopters Emergency Alert at the affected airports. Service Bulletin No. 05.95, Revision 1, dated U.S.C. 552(a), 1 CFR part 51, and 14 October 22, 2015. DATES: This rule is effective August 6, CFR part 97.20. The applicable FAA (ii) [Reserved] 2020. The compliance date for each forms are FAA Forms 8260–3, 8260–4, (4) The following service information was SIAP, associated Takeoff Minimums, 8260–5, 8260–15A, and 8260–15B when approved for IBR on December 29, 2009 (74 and ODP is specified in the amendatory required by an entry on 8260–15A. FR 66045, December 14, 2009). provisions. The large number of SIAPs, Takeoff (i) Eurocopter Emergency Alert Service The incorporation by reference of Minimums and ODPs, their complex Bulletin No. 05.95, dated March 3, 2008. certain publications listed in the nature, and the need for a special format (ii) [Reserved] regulations is approved by the Director (5) For service information identified in make publication in the Federal this AD, contact Airbus Helicopters, 2701 N of the Federal Register as of August 6, Register expensive and impractical. Forum Drive, Grand Prairie, TX 75052; 2020. Further, airmen do not use the telephone 972–641–0000 or 800–232–0323; ADDRESSES: Availability of matters regulatory text of the SIAPs, Takeoff fax 972–641–3775; or at https:// incorporated by reference in the Minimums or ODPs, but instead refer to www.airbus.com/helicopters/services/ amendment is as follows: their graphic depiction on charts technical-support.html. printed by publishers of aeronautical (6) You may view this service information For Examination materials. Thus, the advantages of at the FAA, Office of the Regional Counsel, 1. U.S. Department of Transportation, incorporation by reference are realized Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For Docket Ops–M30, 1200 New Jersey and publication of the complete information on the availability of this Avenue SE, West Bldg., Ground Floor, description of each SIAP, Takeoff material at the FAA, call 817–222–5110. Washington, DC 20590–0001. Minimums and ODP listed on FAA form (7) You may view this service information 2. The FAA Air Traffic Organization documents is unnecessary. This that is incorporated by reference at the Service Area in which the affected amendment provides the affected CFR National Archives and Records airport is located; sections and specifies the types of Administration (NARA). For information on 3. The office of Aeronautical SIAPs, Takeoff Minimums and ODPs the availability of this material at NARA, Navigation Products, 6500 South with their applicable effective dates. email [email protected], or go to: https:// MacArthur Blvd., Oklahoma City, OK This amendment also identifies the www.archives.gov/federal-register/cfr/ibr- locations.html. 73169 or, airport and its location, the procedure, 4. The National Archives and Records and the amendment number. Issued on July 23, 2020. Administration (NARA). For Availability and Summary of Material Lance T. Gant, information on the availability of this Incorporated by Reference Director, Compliance & Airworthiness material at NARA, email fedreg.legal@ Division, Aircraft Certification Service. nara.gov or go to: https:// The material incorporated by [FR Doc. 2020–17164 Filed 8–5–20; 8:45 am] www.archives.gov/federal-register/cfr/ reference is publicly available as listed BILLING CODE 4910–13–P ibr-locations.html. in the ADDRESSES section.

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The material incorporated by List of Subjects in 14 CFR Part 97 Pensacola, FL, Pensacola Intl, NDB RWY 35, Orig-A, CANCELLED reference describes SIAPS, Takeoff Air Traffic Control, Airports, Minimums and/or ODPS as identified in Cedartown, GA, Polk County Airport— Incorporation by reference, Navigation Cornelius Moore Field, VOR–A, Amdt 13, the amendatory language for part 97 of (air). CANCELLED this final rule. Issued in Washington, DC, on July 24, Dawson, GA, Dawson Muni, VOR RWY 32, 2020. Orig-D, CANCELLED The Rule Lawrenceville, GA, Gwinnett County— Wade E.K. Terrell, This amendment to 14 CFR part 97 is Briscoe Field, VOR RWY 7, Amdt 2B, Manager, Flight Procedures & Airspace CANCELLED effective upon publication of each Group. Albia, IA, Albia Muni, VOR–A, Amdt 4A, separate SIAP, Takeoff Minimums and CANCELLED ODP as Amended in the transmittal. Adoption of the Amendment Winterset, IA, Winterset Muni, VOR/DME–A, Some SIAP and Takeoff Minimums and Accordingly, pursuant to the Amdt 3, CANCELLED textual ODP amendments may have authority delegated to me, Title 14, Lewiston, ID, Lewiston-Nez Perce County, been issued previously by the FAA in a Code of Federal Regulations, Part 97 (14 VOR RWY 8, Amdt 6, CANCELLED CFR part 97) is amended by Chicago, IL, Chicago O’Hare Intl, RNAV Flight Data Center (FDC) Notice to (GPS) RWY 4L, Amdt 2A, CANCELLED Airmen (NOTAM) as an emergency establishing, amending, suspending, or Effingham, IL, Effingham County Memorial, action of immediate flight safety relating removing Standard Instrument VOR RWY 1, Amdt 10D, CANCELLED directly to published aeronautical Approach Procedures and/or Takeoff Lake In The Hills, IL, Lake In The Hills, charts. Minimums and Obstacle Departure VOR–A, Orig, CANCELLED Marion, IL, Veterans Airport Of Southern The circumstances that created the Procedures effective at 0901 UTC on the dates specified, as follows: Illinois, NDB RWY 20, Amdt 10D, need for some SIAP and Takeoff CANCELLED Minimums and ODP amendments may PART 97—STANDARD INSTRUMENT Marion, IL, Veterans Airport Of Southern require making them effective in less APPROACH PROCEDURES Illinois, VOR RWY 20, Amdt 17D, than 30 days. For the remaining SIAPs CANCELLED and Takeoff Minimums and ODPs, an ■ 1. The authority citation for part 97 Peoria, IL, Mount Hawley Auxiliary, VOR–A, effective date at least 30 days after Orig-B, CANCELLED continues to read as follows: Michigan City, IN, Michigan City Muni- publication is provided. Authority: 49 U.S.C. 106(f), 106(g), 40103, Phillips Field, VOR–A, Amdt 6, Further, the SIAPs and Takeoff 40106, 40113, 40114, 40120, 44502, 44514, CANCELLED Minimums and ODPs contained in this 44701, 44719, 44721–44722. Terre Haute, IN, Sky King, VOR–A, Amdt 7, amendment are based on the criteria ■ CANCELLED 2. Part 97 is amended to read as Atwood, KS, Atwood-Rawlins County City- contained in the U.S. Standard for follows: County, RNAV (GPS) RWY 17, Amdt 1 Terminal Instrument Procedures Effective 10 September 2020 Atwood, KS, Atwood-Rawlins County City- (TERPS). In developing these SIAPs and County, Takeoff Minimums and Obstacle Takeoff Minimums and ODPs, the Aniak, AK, Aniak, ILS OR LOC RWY 11, DP, Orig-A TERPS criteria were applied to the Amdt 1 Burlington, KS, Coffey County, NDB RWY 36, Aniak, AK, Aniak, RNAV (GPS) RWY 11, Amdt 2A, CANCELLED conditions existing or anticipated at the Amdt 2 affected airports. Because of the close Junction City, KS, Freeman Field, NDB–B, Point Hope, AK, Point Hope, NDB RWY 1, Amdt 5B, CANCELLED and immediate relationship between Amdt 2C, CANCELLED Wichita, KS, Colonel James Jabara, VOR–A, these SIAPs, Takeoff Minimums and Point Hope, AK, Point Hope, NDB RWY 19, Amdt 4A, CANCELLED ODPs, and safety in air commerce, I find Amdt 2C, CANCELLED Eunice, LA, Eunice, NDB RWY 16, Amdt 1A, that notice and public procedure under Haleyville, AL, Posey Field, VOR/DME RWY CANCELLED 5 U.S.C. 553(b) are impracticable and 18, Amdt 5C, CANCELLED Eunice, LA, Eunice, VOR/DME–A, Amdt 3A, contrary to the public interest and, Prattville, AL, Prattville—Grouby Field, CANCELLED VOR/DME–A, Amdt 3C, CANCELLED Augusta, ME, Augusta State, VOR/DME–A, where applicable, under 5 U.S.C 553(d), Tuskegee, AL, Moton Field Muni, VOR–A, good cause exists for making some Amdt 12, CANCELLED Amdt 4B, CANCELLED Adrian, MI, Lenawee County, NDB RWY 5, SIAPs effective in less than 30 days. Wetumpka, AL, Wetumpka Muni, VOR–A, Orig-A, CANCELLED The FAA has determined that this Amdt 2A, CANCELLED Clare, MI, Clare Muni, VOR–A, Amdt 2A, regulation only involves an established Dumas, AR, Billy Free Muni, VOR/DME CANCELLED RWY 36, Amdt 3B, CANCELLED Greenville, MI, Greenville Muni, VOR–A, body of technical regulations for which Mena, AR, Mena Intermountain Muni, NDB frequent and routine amendments are Amdt 3, CANCELLED RWY 27. Amdt 1B, CANCELLED Cloquet, MN, Cloquet Carlton County, NDB necessary to keep them operationally Chandler, AZ, Stellar Airpark, VOR–A, Amdt RWY 18, Amdt 4B current. It, therefore—(1) is not a 1C Cloquet, MN, Cloquet Carlton County, NDB ‘‘significant regulatory action’’ under Grand Canyon, AZ, Valle, VOR/DME RWY RWY 36, Amdt 5B Executive Order 12866; (2) is not a 19, Orig-A, CANCELLED Cloquet, MN, Cloquet Carlton County, RNAV ‘‘significant rule’’ under DOT Long Beach, CA, Long Beach/Daugherty (GPS) RWY 18, Orig-B Regulatory Policies and Procedures (44 Field, Takeoff Minimums and Obstacle DP, Cloquet, MN, Cloquet Carlton County, RNAV Amdt 6B FR 11034; February 26,1979); and (3) (GPS) RWY 36, Amdt 1B Modesto, CA, Modesto City-Co-Harry Sham Cloquet, MN, Cloquet Carlton County, does not warrant preparation of a FLD, VOR RWY 28R, Amdt 1, CANCELLED Takeoff Minimums and Obstacle DP, Amdt regulatory evaluation as the anticipated Paso Robles, CA, Paso Robles Muni, RNAV 3 impact is so minimal. (GPS) RWY 19, Amdt 2 Waseca, MN, Waseca Muni, VOR–A, Amdt 5, For the same reason, the FAA certifies Paso Robles, CA, Paso Robles Muni, RNAV CANCELLED that this amendment will not have a (GPS) RWY 31, Amdt 1 Excelsior Springs, MO, Excelsior Springs Sacramento, CA Sacramento Mather, VOR Memorial, VOR–A, Orig, CANCELLED significant economic impact on a RWY 4R, Orig-F, CANCELLED Malden, MO, Malden Rgnl, VOR RWY 32, substantial number of small entities Santa Rosa, CA, Charles M. Schulz—Sonoma Amdt 9, CANCELLED under the criteria of the Regulatory County, VOR/DME RWY 14, Amdt 3B, St Louis, MO, St Louis Lambert Intl, RNAV Flexibility Act. CANCELLED (RNP) Z RWY 30L, Amdt 1A

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St Louis, MO, Creve Coeur, VOR–A, Amdt Madill, OK, Madill Muni, VOR/DME–A, Approach Procedures (SIAPs) and 5A, CANCELLED Amdt 3A, CANCELLED associated Takeoff Minimums and Brookhaven, MS, Brookhaven-Lincoln Lakeview, OR, Lake County, VOR/DME–A, Obstacle Departure Procedures for County, VOR/DME–A, Amdt 9A, Orig-A, CANCELLED operations at certain airports. These CANCELLED Redmond, OR, Roberts Field, RNAV (GPS) Y Atkinson, NE, Stuart-Atkinson Muni, VOR/ RWY 5, Amdt 3A regulatory actions are needed because of DME RWY 29, Amdt 1A, CANCELLED Sunriver, OR, Sunriver, VOR RWY 18, Amdt the adoption of new or revised criteria, David City, NE, David City Muni, VOR/DME 1D, CANCELLED or because of changes occurring in the RWY 32, Amdt 1A, CANCELLED Grove City, PA, Grove City, VOR–A, Amdt National Airspace System, such as the Minden, NE, Pioneer Village Field, VOR–A, 7A, CANCELLED commissioning of new navigational Amdt 1, CANCELLED Greenville, SC, Donaldson Center, NDB RWY facilities, adding new obstacles, or Norfolk, NE, Norfolk Rgnl/Karl Stefan 5, Amdt 6A, CANCELLED changing air traffic requirements. These Dayton, TN, Mark Anton, NDB RWY 3, Amdt Memorial Fld, ILS OR LOC RWY 2, Amdt changes are designed to provide for the 6A 2A, CANCELLED Norfolk, NE, Norfolk Rgnl/Karl Stefan Nashville, TN, Nashville Intl, VOR RWY 13, safe and efficient use of the navigable Memorial Fld, RNAV (GPS) RWY 2, Amdt Amdt 13E, CANCELLED airspace and to promote safe flight 2 Alpine, TX, Alpine-Casparis Muni, NDB operations under instrument flight rules Norfolk, NE, Norfolk Rgnl/Karl Stefan RWY 19, Amdt 5D, CANCELLED at the affected airports. El Paso, TX, El Paso Intl, ILS OR LOC RWY Memorial Fld, RNAV (GPS) RWY 14, Amdt DATES: This rule is effective August 6, 22, Amdt 32E 2 2020. The compliance date for each Norfolk, NE, Norfolk Rgnl/Karl Stefan El Paso, TX, El Paso Intl, RNAV (GPS) Y Memorial Fld, RNAV (GPS) RWY 20, Amdt RWY 22, Orig-F SIAP, associated Takeoff Minimums, 2 El Paso, TX, El Paso Intl, RNAV (RNP) Z and ODP is specified in the amendatory Norfolk, NE, Norfolk Rgnl/Karl Stefan RWY 22, Amdt 1B provisions. Memorial Fld, RNAV (GPS) RWY 32, Amdt Fort Stockton, TX, Fort Stockton-Pecos The incorporation by reference of 2 County, VOR/DME RWY 30, Orig-B, certain publications listed in the Norfolk, NE, Norfolk Rgnl/Karl Stefan CANCELLED regulations is approved by the Director Memorial Fld, Takeoff Minimums and La Grange, TX, Fayette Regional Air Center, VOR/DME–A, Amdt 1B, CANCELLED of the Federal Register as of August 6, Obstacle DP, Amdt 1 2020. Norfolk, NE, Norfolk Rgnl/Karl Stefan Muleshoe, TX, Muleshoe Municipal, VOR/ Memorial Fld, VOR RWY 14, Amdt 8 DME–A, Amdt 1A, CANCELLED ADDRESSES: Availability of matter Brookneal, VA, Brookneal/Campbell County, Norfolk, NE, Norfolk Rgnl/Karl Stefan incorporated by reference in the VOR–A, Amdt 2A, CANCELLED Memorial Fld, VOR RWY 19, Amdt 8A, amendment is as follows: Norfolk, VA, Hampton Roads Executive, ILS CANCELLED OR LOC RWY 10, Orig-A For Examination Norfolk, NE, Norfolk Rgnl/Karl Stefan Deer Park, WA, Deer Park, NDB–A, Amdt 2C, Memorial Fld, VOR RWY 32, Amdt 8 CANCELLED 1. U.S. Department of Transportation, Nashua, NH, Boire Field, VOR RWY 32, Orig- Ephrata, WA, Ephrata Muni, VOR/DME RWY Docket Ops–M30, 1200 New Jersey A, CANCELLED 3, Amdt 4, CANCELLED Avenue SE, West Bldg., Ground Floor, Nashua, NH, Boire Field, VOR–A, Amdt 12A, New Holstein, WI, New Holstein Muni, VOR/ Washington, DC 20590–0001; CANCELLED DME–A, Amdt 2, CANCELLED 2. The FAA Air Traffic Organization Blairstown, NJ, Blairstown, VOR RWY 25, Moundsville, WV, Marshall County, VOR/ Service Area in which the affected Amdt 2A, CANCELLED DME–A, Amdt 2C, CANCELLED Manville, NJ, Central Jersey Rgnl, VOR–A, airport is located; Amdt 7B, CANCELLED RESCINDED: On July 13, 2020 (85 FR 3. The office of Aeronautical Ocean City, NJ, Ocean City Muni, VOR–A, 41912), the FAA published an Amendment Navigation Products, 6500 South Orig-C, CANCELLED in Docket No. 31319 Amdt No. 3911, to Part MacArthur Blvd., Oklahoma City, OK Gallup, NM, Gallup Muni, VOR RWY 6, 97 of the Federal Aviation Regulations under 73169 or, Amdt 8B sections 97.33. The following Entry for Thief 4. The National Archives and Records Silver City, NM, Grant County, LOC RWY 26, River Falls, MN, effective September 10, Administration (NARA). For Amdt 5D 2020, is hereby rescinded in its entirety: information on the availability of this Silver City, NM, Grant County, RNAV (GPS) Thief River Falls, MN, Thief River Falls Rgnl, material at NARA, email fedreg.legal@ RWY 26, Orig-C RNAV (GPS) RWY 4, Orig-A Tucumcari, NM, Tucumcari Muni, VOR RWY nara.gov or go to: https:// 26, Amdt 6A, CANCELLED [FR Doc. 2020–17203 Filed 8–5–20; 8:45 am] www.archives.gov/federal-register/cfr/ Cortland, NY, Cortland County-Chase Field, BILLING CODE 4910–13–P ibr-locations.html. RNAV (GPS) RWY 6, Amdt 1 Availability Cortland, NY, Cortland County-Chase Field, RNAV (GPS) RWY 24, Amdt 2 DEPARTMENT OF TRANSPORTATION All SIAPs and Takeoff Minimums and Montauk, NY, Montauk, VOR RWY 6, Amdt ODPs are available online free of charge. 4, CANCELLED Federal Aviation Administration Visit the National Flight Data Center Monticello, NY, Sullivan County Intl, VOR online at nfdc.faa.gov to register. RWY 33, Amdt 4, CANCELLED 14 CFR Part 97 Additionally, individual SIAP and Ashland, OH, Ashland County, VOR–A, Amdt 9D, CANCELLED [Docket No. 31324; Amdt. No. 3916 Takeoff Minimums and ODP copies may Middlefield, OH, Geauga County, VOR–A, be obtained from the FAA Air Traffic Amdt 6, CANCELLED Standard Instrument Approach Organization Service Area in which the Ada, OK, Ada Rgnl, Takeoff Minimums and Procedures, and Takeoff Minimums affected airport is located. Obstacle DP, Amdt 4A and Obstacle Departure Procedures; FOR FURTHER INFORMATION CONTACT: Bristow, OK, Jones Memorial, RNAV (GPS) Miscellaneous Amendments Thomas J. Nichols, Flight Procedures RWY 18, Amdt 2 and Airspace Group, Flight Bristow, OK, Jones Memorial, RNAV (GPS) AGENCY: Federal Aviation RWY 36, Amdt 2 Administration (FAA), DOT. Technologies and Procedures Division, Bristow, OK, Jones Memorial, Takeoff ACTION: Final rule. Flight Standards Service, Federal Minimums and Obstacle DP, Amdt 5 Aviation Administration. Mailing Goldsby, OK, David Jay Perry, VOR RWY 31, SUMMARY: This rule amends, suspends, Address: FAA Mike Monroney Amdt 2A, CANCELLED or removes Standard Instrument Aeronautical Center, Flight Procedures

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and Airspace Group, 6500 South separate SIAP and Takeoff Minimums evaluation as the anticipated impact is MacArthur Blvd., Registry Bldg. 29, and ODP as amended in the transmittal. so minimal. Room 104, Oklahoma City, OK 73169. For safety and timeliness of change For the same reason, the FAA certifies Telephone: (405) 954–4164. considerations, this amendment that this amendment will not have a SUPPLEMENTARY INFORMATION: This rule incorporates only specific changes significant economic impact on a amends Title 14, Code of Federal contained for each SIAP and Takeoff substantial number of small entities Regulations, Part 97 (14 CFR part 97) by Minimums and ODP as modified by under the criteria of the Regulatory amending the referenced SIAPs. FDC permanent NOTAMs. Flexibility Act. The complete regulatory description The SIAPs and Takeoff Minimums of each SIAP is listed on the appropriate and ODPs, as modified by FDC List of Subjects in 14 CFR Part 97 FAA Form 8260, as modified by the permanent NOTAM, and contained in Air Traffic Control, Airports, National Flight Data Center (NFDC)/ this amendment are based on the Incorporation by reference, Navigation Permanent Notice to Airmen (P- criteria contained in the U.S. Standard (Air). NOTAM), and is incorporated by for Terminal Instrument Procedures (TERPS). In developing these changes to Issued in Washington, DC, on JULY 24, reference under 5 U.S.C. 552(a), 1 CFR 2020. part 51, and 14 CFR 97.20. The large SIAPs and Takeoff Minimums and Wade E.K. Terrell, number of SIAPs, their complex nature, ODPs, the TERPS criteria were applied and the need for a special format make only to specific conditions existing at Manager, Flight Procedures & Airspace Group. their verbatim publication in the the affected airports. All SIAP Federal Register expensive and amendments in this rule have been Adoption of the Amendment impractical. Further, airmen do not use previously issued by the FAA in a FDC the regulatory text of the SIAPs, but NOTAM as an emergency action of Accordingly, pursuant to the refer to their graphic depiction on charts immediate flight safety relating directly authority delegated to me, Title 14, printed by publishers of aeronautical to published aeronautical charts. Code of Federal regulations, Part 97, (14 materials. Thus, the advantages of The circumstances that created the CFR part 97), is amended by amending incorporation by reference are realized need for these SIAP and Takeoff Standard Instrument Approach and publication of the complete Minimums and ODP amendments Procedures and Takeoff Minimums and description of each SIAP contained on require making them effective in less ODPs, effective at 0901 UTC on the FAA form documents is unnecessary. than 30 days. dates specified, as follows: This amendment provides the affected Because of the close and immediate relationship between these SIAPs, PART 97—STANDARD INSTRUMENT CFR sections, and specifies the SIAPs APPROACH PROCEDURES and Takeoff Minimums and ODPs with Takeoff Minimums and ODPs, and their applicable effective dates. This safety in air commerce, I find that notice and public procedure under 5 U.S.C. ■ 1. The authority citation for part 97 amendment also identifies the airport continues to read as follows: and its location, the procedure and the 553(b) are impracticable and contrary to amendment number. the public interest and, where Authority: 49 U.S.C. 106(f), 106(g), 40103, applicable, under 5 U.S.C. 553(d), good 40106, 40113, 40114, 40120, 44502, 44514, Availability and Summary of Material cause exists for making these SIAPs 44701, 44719, 44721–44722. Incorporated by Reference effective in less than 30 days. ■ 2. Part 97 is amended to read as The FAA has determined that this The material incorporated by follows: reference is publicly available as listed regulation only involves an established body of technical regulations for which By amending: § 97.23 VOR, VOR/ in the ADDRESSES section. DME, VOR or TACAN, and VOR/DME The material incorporated by frequent and routine amendments are necessary to keep them operationally or TACAN; § 97.25 LOC, LOC/DME, reference describes SIAPs, Takeoff LDA, LDA/DME, SDF, SDF/DME; Minimums and ODPs as identified in current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under § 97.27 NDB, NDB/DME; § 97.29 ILS, the amendatory language for part 97 of ILS/DME, MLS, MLS/DME, MLS/RNAV; this final rule. Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT regulatory § 97.31 RADAR SIAPs; § 97.33 RNAV The Rule Policies and Procedures (44 FR 11034; SIAPs; and § 97.35 COPTER SIAPs, This amendment to 14 CFR part 97 is February 26, 1979); and (3) does not Identified as follows: effective upon publication of each warrant preparation of a regulatory * * * Effective Upon Publication

AIRAC date State City Airport FDC No. FDC date Subject

10–Sep–20 .. GA Hampton ...... Henry County Airport ...... 0/0636 7/16/20 RNAV (GPS) RWY 6, Amdt 2. 10–Sep–20 .. GA Hampton ...... Henry County Airport ...... 0/0649 7/16/20 RNAV (GPS) RWY 24, Amdt 2. 10–Sep–20 .. WI Appleton ...... Appleton Intl ...... 0/0947 7/16/20 RNAV (GPS) RWY 21, Amdt 2C. 10–Sep–20 .. TX Big Spring ...... Big Spring McMahon-Wrinkle ... 0/2187 7/20/20 VOR/DME RWY 17, Amdt 8. 10–Sep–20 .. TX Big Spring ...... Big Spring McMahon-Wrinkle ... 0/2188 7/20/20 VOR/DME RWY 35, Amdt 8. 10–Sep–20 .. TX Pleasanton ...... Pleasanton Muni ...... 0/2240 7/20/20 RNAV (GPS) RWY 34, Orig-A. 10–Sep–20 .. TX Lubbock ...... Lubbock Preston Smith Intl ...... 0/2285 7/21/20 VOR–A, Amdt 6C. 10–Sep–20 .. TX Lubbock ...... Lubbock Preston Smith Intl ...... 0/2286 7/21/20 VOR/DME OR TACAN RWY 26, Amdt 11A. 10–Sep–20 .. NC Lincolnton ...... Lincolnton-Lincoln County Rgnl 0/2310 7/21/20 ILS Y OR LOC Y RWY 23, Orig- B. 10–Sep–20 .. NC Lincolnton ...... Lincolnton-Lincoln County Rgnl 0/2311 7/21/20 ILS Z OR LOC Z RWY 23, Orig- B. 10–Sep–20 .. NC Lincolnton ...... Lincolnton-Lincoln County Rgnl 0/2312 7/21/20 RNAV (GPS) RWY 23, Amdt 1A. 10–Sep–20 .. NC Lincolnton ...... Lincolnton-Lincoln County Rgnl 0/2313 7/21/20 RNAV (GPS) RWY 5, Amdt 1C. 10–Sep–20 .. IN Indianapolis ...... Indianapolis Intl ...... 0/2531 7/21/20 ILS OR LOC RWY 5L, ILS RWY 5L (CAT II & III), Amdt 5.

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AIRAC date State City Airport FDC No. FDC date Subject

10–Sep–20 .. AK St Paul Island ...... St Paul Island ...... 0/2698 7/21/20 RNAV (GPS) RWY 36, Amdt 1A. 10–Sep–20 .. AK St Paul Island ...... St Paul Island ...... 0/2699 7/21/20 LOC/DME BC RWY 18, Amdt 4C. 10–Sep–20 .. AK St Paul Island ...... St Paul Island ...... 0/2700 7/21/20 RNAV (GPS) RWY 18, Amdt 2C. 10–Sep–20 .. PA St Marys ...... St Marys Muni ...... 0/2951 7/17/20 RNAV (GPS) RWY 10, Amdt 1A. 10–Sep–20 .. CA Lodi ...... Lodi ...... 0/4959 7/1/20 RNAV (GPS)–B, Orig-B. 10–Sep–20 .. TX San Angelo ...... San Angelo Rgnl/Mathis Field .. 0/5361 7/2/20 VOR RWY 21, Amdt 17. 10–Sep–20 .. TX San Angelo ...... San Angelo Rgnl/Mathis Field .. 0/5362 7/2/20 VOR/DME OR TACAN RWY 3, Orig-B. 10–Sep–20 .. MA Great Barrington ...... Walter J Koladza ...... 0/6280 7/6/20 RNAV (GPS) RWY 11, Orig-C. 10–Sep–20 .. TN Knoxville ...... McGhee Tyson ...... 0/6289 7/9/20 VOR RWY 23L, Amdt 5 10–Sep–20 .. FL St Petersburg-Clear- St Pete-Clearwater Intl ...... 0/6601 7/9/20 ILS OR LOC RWY 36, Orig. water. 10–Sep–20 .. TX Lubbock ...... Lubbock Preston Smith Intl ...... 0/6727 7/7/20 LOC BC RWY 35L, Amdt 19A. 10–Sep–20 .. NJ Sussex ...... Sussex ...... 0/7157 7/9/20 RNAV (GPS) RWY 3, Orig-B. 10–Sep–20 .. NJ Sussex ...... Sussex ...... 0/7158 7/9/20 VOR–A, Amdt 6A. 10–Sep–20 .. ID Bonners Ferry ...... Boundary County ...... 0/7159 7/8/20 RNAV (GPS) RWY 2, Orig-E. 10–Sep–20 .. KS Smith Center ...... Smith Center Muni ...... 0/7190 7/10/20 RNAV (GPS) RWY 32, Orig-A. 10–Sep–20 .. KS Smith Center ...... Smith Center Muni ...... 0/7193 7/10/20 RNAV (GPS) RWY 14, Orig-A. 10–Sep–20 .. TX Amarillo ...... Rick Husband Amarillo Intl ...... 0/7211 7/8/20 LDA/DME RWY 22, Amdt 1A. 10–Sep–20 .. TX Amarillo ...... Rick Husband Amarillo Intl ...... 0/7237 7/8/20 ILS OR LOC RWY 4, Amdt 22E. 10–Sep–20 .. TX Amarillo ...... Rick Husband Amarillo Intl ...... 0/7238 7/8/20 RNAV (GPS) Y RWY 22, Amdt 1. 10–Sep–20 .. TX Amarillo ...... Rick Husband Amarillo Intl ...... 0/7239 7/8/20 RNAV (GPS) Y RWY 13, Amdt 1. 10–Sep–20 .. TX Amarillo ...... Rick Husband Amarillo Intl ...... 0/7240 7/8/20 RNAV (GPS) Y RWY 4, Amdt 1A. 10–Sep–20 .. TX Del Rio ...... Del Rio Intl ...... 0/7528 7/10/20 VOR–A, Amdt 1. 10–Sep–20 .. WA Pasco ...... Tri-Cities ...... 0/7535 7/10/20 RNAV (RNP) Z RWY 3L, Amdt 1. 10–Sep–20 .. WA Pasco ...... Tri-Cities ...... 0/7536 7/10/20 RNAV (GPS) Y RWY 3L, Amdt 2. 10–Sep–20 .. GA Savannah ...... Savannah/Hilton Head Intl ...... 0/7572 7/9/20 RNAV (GPS) RWY 1, Amdt 2A. 10–Sep–20 .. GA Savannah ...... Savannah/Hilton Head Intl ...... 0/7573 7/9/20 RNAV (GPS) RWY 10, Amdt 2A. 10–Sep–20 .. GA Savannah ...... Savannah/Hilton Head Intl ...... 0/7574 7/9/20 RNAV (GPS) RWY 19, Amdt 2. 10–Sep–20 .. GA Savannah ...... Savannah/Hilton Head Intl ...... 0/7575 7/9/20 RNAV (GPS) Z RWY 28, Amdt 2B. 10–Sep–20 .. GA Savannah ...... Savannah/Hilton Head Intl ...... 0/7576 7/9/20 VOR/DME–A, Orig-A. 10–Sep–20 .. GA Savannah ...... Savannah/Hilton Head Intl ...... 0/7582 7/9/20 VOR/DME OR TACAN RWY 1, Orig-D. 10–Sep–20 .. GA Savannah ...... Savannah/Hilton Head Intl ...... 0/7583 7/9/20 VOR/DME OR TACAN RWY 19, Orig-A. 10–Sep–20 .. GA Cordele ...... Crisp County-Cordele ...... 0/8028 7/15/20 RNAV (GPS) RWY 6, Amdt 1. 10–Sep–20 .. GA Cordele ...... Crisp County-Cordele ...... 0/8029 7/15/20 RNAV (GPS) RWY 10, Amdt 1. 10–Sep–20 .. GA Cordele ...... Crisp County-Cordele ...... 0/8030 7/15/20 RNAV (GPS) RWY 28, Amdt 1. 10–Sep–20 .. GA Cordele ...... Crisp County-Cordele ...... 0/8031 7/15/20 RNAV (GPS) RWY 24, Amdt 1. 10–Sep–20 .. AR Hope ...... Hope Muni ...... 0/8142 7/13/20 RNAV (GPS) RWY 16, Orig-B. 10–Sep–20 .. ME Eliot ...... Littlebrook Air Park ...... 0/8172 7/15/20 RNAV (GPS) RWY 30, Orig. 10–Sep–20 .. AR Little Rock ...... Bill And Hillary Clinton National/ 0/8236 7/13/20 ILS OR LOC RWY 4R, Amdt 2E. Adams Field. 10–Sep–20 .. TN Chattanooga ...... Lovell Field ...... 0/8862 7/13/20 ILS OR LOC RWY 2, Amdt 7D. 10–Sep–20 .. AL Huntsville ...... Huntsville Executive Tom 0/8960 7/15/20 RNAV (GPS) RWY 36, Amdt 1B. Sharp Jr Field. 10–Sep–20 .. TX Ozona ...... Ozona Muni ...... 0/9014 7/14/20 RNAV (GPS) RWY 16, Orig. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9462 7/9/20 ILS OR LOC RWY 13, Amdt 2A. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9463 7/9/20 LOC RWY 31, Amdt 3C. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9464 7/9/20 ILS OR LOC RWY 4, Amdt 37B. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9465 7/9/20 LDA–A, Amdt 2E. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9466 7/9/20 VOR RWY 4, Amdt 3D. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9467 7/9/20 ILS OR LOC RWY 22, ILS RWY 22 (SA CAT I AND II), Amdt 21B. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9468 7/9/20 RNAV (GPS)–B, Orig-B. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9469 7/9/20 RNAV (GPS) Y RWY 4, Amdt 3B. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9470 7/9/20 RNAV (GPS) Y RWY 22, Amdt 2E. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9471 7/9/20 RNAV (GPS) Y RWY 31, Orig. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9473 7/9/20 RNAV (GPS) Z RWY 31, Amdt 1F. 10–Sep–20 .. NY New York ...... Laguardia ...... 0/9474 7/9/20 RNAV (GPS) RWY 13, Amdt 1. 10–Sep–20 .. ND Valley City ...... Barnes County Muni ...... 0/9953 7/16/20 Takeoff Minimums and Obstacle DP, Orig.

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[FR Doc. 2020–17204 Filed 8–5–20; 8:45 am] II. Background Information and IV. Discussion of the Rule BILLING CODE 4910–13–P Regulatory History This rule establishes a safety zone The Coast Guard is issuing this from 12:01 a.m. on August 4, 2020, until temporary rule without prior notice and 11:59 p.m. on August 9, 2020, unless DEPARTMENT OF HOMELAND sooner terminated by the Captain of the opportunity to comment pursuant to SECURITY Port Maryland-National Capital Region. authority under section 4(a) of the The safety zone will cover all navigable Administrative Procedure Act (APA) (5 Coast Guard waters within the COTP Maryland- U.S.C. 553(b)). This provision National Capital Region Zone, as 33 CFR Part 165 authorizes an agency to issue a rule described in 33 CFR 3.25–15. The [Docket Number USCG–2020–0032] without prior notice and opportunity to duration of the zone is intended to comment when the agency for good protect personnel, vessels, and the RIN 1625–AA00 cause finds that those procedures are marine environment in these navigable ‘‘impracticable, unnecessary, or contrary Safety Zone; Tropical Storm Isaias, waters due to the expected impact of to the public interest.’’ Under 5 U.S.C. Coast Guard Maryland-National Capital Tropical Storm Isaias. Except for vessels Region Captain of the Port Zone 553(b)(B), the Coast Guard finds that already at berth, mooring, or anchor, all good cause exists for not publishing a vessels underway within this safety AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM) zone at the time it is implemented are ACTION: Temporary final rule. with respect to this rule because it is to depart the zone. No vessel or person impracticable and contrary to the public will be permitted to enter the safety SUMMARY: The Coast Guard is interest. Immediate action is required by zone without obtaining permission from establishing a temporary safety zone for the Coast Guard due to the potential the COTP or a designated all navigable waters within the Coast safety hazards vessels in these representative. To seek permission to Guard Maryland-National Capital waterways present to life, property and enter, vessels and persons may contact Region Captain of the Port Zone. The the environment during a tropical the COTP or the COTP’s representative safety zone is needed to protect storm. We must establish this safety by telephone number 410–576–2693 or personnel, vessels, and the marine zone by August 4, 2020, to ensure that on Marine Band Radio VHF–FM environment from potential hazards the rule is in place in advance of channel 16 (156.8 MHz). Those in the created by the possible landfall of Tropical Storm Isaias. safety zone must comply with all lawful Tropical Storm Isaias. Entry of vessels orders or directions given to them by the Under 5 U.S.C. 553(d)(3), the Coast or persons into this zone is prohibited COTP or the COTP’s designated unless specifically authorized by the Guard finds that good cause exists for representative. Captain of the Port Maryland-National making this rule effective less than 30 Capital Region or a designated days after publication in the Federal V. Regulatory Analyses representative. Register. Delaying the effective date of We developed this rule after DATES: This rule is effective without this rule would be impracticable and considering numerous statutes and actual notice from August 6, 2020 until contrary to the public interest because Executive orders related to rulemaking. 11:59 p.m. on August 9, 2020, unless immediate action is needed to restrict Below we summarize our analyses terminated sooner by the Captain of the vessel traffic to protect life, property based on a number of these statutes and Port Maryland-National Capital Region. and the environment and respond to the Executive orders, and we discuss First For the purposes of enforcement, actual potential safety hazards associated with Amendment rights of protestors. the nature and path of Tropical Storm notice will be used from 12:01 a.m. on A. Regulatory Planning and Review August 4, 2020 until August 6, 2020. Isaias. Executive Orders 12866 and 13563 ADDRESSES: To view documents III. Legal Authority and Need for Rule mentioned in this preamble as being direct agencies to assess the costs and available in the docket, go to https:// The Coast Guard is issuing this rule benefits of available regulatory www.regulations.gov, type USCG–2020– under authority in 46 U.S.C. 70034 alternatives and, if regulation is 0032 in the ‘‘SEARCH’’ box and click (previously 33 U.S.C. 1231). Tropical necessary, to select regulatory approaches that maximize net benefits. ‘‘SEARCH.’’ Click on Open Docket Storm Isaias continues to track toward Executive Order 13771 directs agencies Folder on the line associated with this the mid-Atlantic region, with a most to control regulatory costs through a rule. probable path inclusive of the budgeting process. This rule has not FOR FURTHER INFORMATION CONTACT: If Chesapeake Bay, Maryland. The COTP been designated a ‘‘significant you have questions on this rule, call or Maryland-National Capital Region has regulatory action,’’ under Executive email Mr. Ron Houck, Sector Maryland- determined that potential hazards Order 12866. Accordingly, this rule has National Capital Region Waterways associated with the destructive force not been reviewed by the Office of Management Division, U.S. Coast associated with a tropical storm Management and Budget (OMB), and Guard; telephone 410–576–2674, email necessitates establishment of a pursuant to OMB guidance it is exempt [email protected]. temporary safety zone to protect the from the requirements of Executive SUPPLEMENTARY INFORMATION: safety of life and property on navigable Order 13771. I. Table of Abbreviations waters starting August 4, 2020, will be This regulatory action determination a safety concern for anyone within the is based on the duration of the safety CFR Code of Federal Regulations COTP Maryland-National Capital zone. The effect of this regulation will COTP Captain of the Port Region Zone. This rule is needed to DHS Department of Homeland Security not be significant due to the limited FR Federal Register protect personnel, vessels, and the time that will be regulated (less than a NPRM Notice of proposed rulemaking marine environment in the navigable week) and that vessel traffic will be § Section waters within the safety zone during the allowed to transit through the zone once U.S.C. United States Code weather event. the tropical storm has passed, when it

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has been determined safe to do so, and D. Federalism and Indian Tribal G. Protest Activities with the permission of the COTP Governments The Coast Guard respects the First Maryland-National Capital Region. Amendment rights of protesters. Moreover, the Coast Guard will issue A rule has implications for federalism under Executive Order 13132, Protesters are asked to call or email the Broadcast Notice to Mariners via VHF– person listed in the FOR FURTHER FM marine channel 16 about the zone. Federalism, if it has a substantial direct effect on the States, on the relationship INFORMATION CONTACT section to B. Impact on Small Entities between the National Government and coordinate protest activities so that your the States, or on the distribution of message can be received without jeopardizing the safety or security of The Regulatory Flexibility Act of power and responsibilities among the people, places or vessels. 1980, 5 U.S.C. 601–612, as amended, various levels of government. We have requires Federal agencies to consider analyzed this rule under that Order and List of Subjects in 33 CFR Part 165 the potential impact of regulations on have determined that it is consistent Harbors, Marine safety, Navigation small entities during rulemaking. The with the fundamental federalism term ‘‘small entities’’ comprises small (water), Reporting and recordkeeping principles and preemption requirements requirements, Security measures, businesses, not-for-profit organizations described in Executive Order 13132. that are independently owned and Waterways. operated and are not dominant in their Also, this rule does not have tribal For the reasons discussed in the fields, and governmental jurisdictions implications under Executive Order preamble, the Coast Guard amends 33 with populations of less than 50,000. 13175, Consultation and Coordination CFR part 165 as follows: The Coast Guard certifies under 5 U.S.C. with Indian Tribal Governments, PART 165—REGULATED NAVIGATION 605(b) that this rule will not have a because it does not have a substantial AREAS AND LIMITED ACCESS AREAS significant economic impact on a direct effect on one or more Indian tribes, on the relationship between the substantial number of small entities. ■ Federal Government and Indian tribes, 1. The authority citation for part 165 While some owners or operators of or on the distribution of power and continues to read as follows: vessels intending to transit the safety responsibilities between the Federal Authority: 46 U.S.C. 70034, 70051; 33 CFR zone may be small entities, for the Government and Indian tribes. 1.05–1, 6.04–1, 6.04–6, and 160.5; reasons stated in section V.A above, this Department of Homeland Security Delegation rule will not have a significant E. Unfunded Mandates Reform Act No. 0170.1. economic impact on any vessel owner ■ 2. Add § 165.T05–0032 to read as or operator. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires follows: Under section 213(a) of the Small Federal agencies to assess the effects of § 165.T05–0032 Safety Zone; Tropical Business Regulatory Enforcement their discretionary regulatory actions. In Storm Isaias, Coast Guard Maryland- Fairness Act of 1996 (Public Law 104– particular, the Act addresses actions National Capital Region Captain of the Port 121), we want to assist small entities in that may result in the expenditure by a Zone. understanding this rule. If the rule State, local, or tribal government, in the (a) Location. The following area is a would affect your small business, aggregate, or by the private sector of safety zone: All navigable waters of the organization, or governmental $100,000,000 (adjusted for inflation) or Coast Guard Captain of the Port jurisdiction and you have questions more in any one year. Though this rule Maryland-National Capital Region Zone, concerning its provisions or options for will not result in such an expenditure, as described in 33 CFR 3.25–1. compliance, please call or email the we do discuss the effects of this rule (b) Definitions. As used in this person listed in the FOR FURTHER elsewhere in this preamble. section— INFORMATION CONTACT section. Captain of the Port (COTP) means the Small businesses may send comments F. Environment Commander, U.S. Coast Guard Sector Maryland-National Capital Region. on the actions of Federal employees We have analyzed this rule under who enforce, or otherwise determine Designated representative means any Department of Homeland Security Coast Guard commissioned, warrant, or compliance with, Federal regulations to Directive 023–01, Rev. 1, associated the Small Business and Agriculture petty officer who has been authorized implementing instructions, and by the Captain of the Port Maryland- Regulatory Enforcement Ombudsman Environmental Planning COMDTINST and the Regional Small Business National Capital Region to assist in 5090.1 (series), which guide the Coast enforcing the safety zone described in Regulatory Fairness Boards. The Guard in complying with the National Ombudsman evaluates these actions paragraph (a) of this section. Environmental Policy Act of 1969(42 (c) Regulations. (1) Under the general annually and rates each agency’s U.S.C. 4321–4370f), and have safety zone regulations in subpart C of responsiveness to small business. If you determined that this action is one of a this part, you may not enter the safety wish to comment on actions by category of actions that do not zone described in paragraph (a) of this employees of the Coast Guard, call 1– individually or cumulatively have a section unless authorized by the COTP 888–REG–FAIR (1–888–734–3247). The significant effect on the human or the COTP’s designated representative. Coast Guard will not retaliate against environment. This rule involves a safety (2) Except for vessels already at berth, small entities that question or complain zone that will prohibit entry within the mooring, or anchor, all vessels about this rule or any policy or action COTP Maryland-National Capital underway within this safety zone on of the Coast Guard. Region Zone for six days, as described August 4, 2020, are to depart the zone. C. Collection of Information in 33 CFR 3.25–15, due to the expected (3) To seek permission to enter, impact of Tropical Storm Isaias. It is contact the COTP or the COTP’s This rule will not call for a new categorically excluded from further representative by telephone number collection of information under the review under paragraph L60(c) of 410–576–2693 or on Marine Band Radio Paperwork Reduction Act of 1995 (44 Appendix A, Table 1 of DHS Instruction VHF–FM channel 16 (156.8 MHz). U.S.C. 3501–3520). Manual 023–01–001–01, Rev. 1. Those in the safety zone must comply

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with all lawful orders or directions DHS Department of Homeland Security public in these navigable waters during given to them by the COTP or the FR Federal Register the marine event. No vessel or person COTP’s designated representative. NPRM Notice of proposed rulemaking will be permitted to enter the safety (d) Enforcement period. This section § Section zones without obtaining permission U.S.C. United States Code will be enforced from 12:01 a.m. on from the COTP or a designated August 4, 2020, until 11:59 p.m. on II. Background Information and representative. August 9, 2020, unless sooner Regulatory History terminated by the Captain of the Port V. Regulatory Analyses The Coast Guard is issuing this Maryland-National Capital Region. temporary rule without prior notice and We developed this rule after Dated: August 3, 2020. opportunity to comment pursuant to considering numerous statutes and Joseph B. Loring, authority under section 4(a) of the Executive Orders related to rulemaking. Captain, U.S. Coast Guard, Captain of the Administrative Procedure Act (APA) (5 Below we summarize our analyses Port Maryland-National Capital Region. U.S.C. 553(b)). This provision based on a number of these statutes and [FR Doc. 2020–17294 Filed 8–4–20; 4:15 pm] authorizes an agency to issue a rule Executive orders, and we discuss First Amendment rights of protestors. BILLING CODE 9110–04–P without prior notice and opportunity to comment when the agency for good A. Regulatory Planning and Review cause finds that those procedures are DEPARTMENT OF HOMELAND ‘‘impracticable, unnecessary, or contrary Executive Orders 12866 and 13563 SECURITY to the public interest.’’ Under 5 U.S.C. direct agencies to assess the costs and 553(b)(B), the Coast Guard finds that benefits of available regulatory Coast Guard good cause exists for not publishing a alternatives and, if regulation is notice of proposed rulemaking (NPRM) necessary, to select regulatory 33 CFR Part 165 with respect to this rule because the approaches that maximize net benefits. [Docket Number USCG–2020–0425] final details of the specific marine event Executive Order 13771 directs agencies and safety zone distance were not to control regulatory costs through a RIN 1625–AA00 finalized within a sufficient time to budgeting process. This rule has not allow for notice and a subsequent been designated a ‘‘significant Safety Zone; Les Cheneaux Islands, comment period before the regulatory action,’’ under Executive Cedarville, MI commencement of the planned marine Order 12866. Accordingly, this rule has not been reviewed by the Office of AGENCY: Coast Guard, DHS. event. Delaying this rule to allow for a notice and comment period would be Management and Budget (OMB), and ACTION: Temporary final rule. impracticable and contrary to the public pursuant to OMB guidance it is exempt SUMMARY: The Coast Guard is interest because it would inhibit the from the requirements of Executive establishing temporary safety zones for Coast Guard’s ability to protect the Order 13771. navigable waters within 50 yards of swimmers participating in this swim This regulatory action determination certain swim routes of a marine event in event. Under 5 U.S.C. 553(d)(3), the is based on the size, duration, and the Les Cheneaux Islands in Cedarville, Coast Guard finds that good cause exists location of the safety zones. Vessel MI. The safety zones are needed to for making this rule effective less than traffic may request permission to transit protect event participants from risks 30 days after publication in the Federal the zone from the designated associated with the boating public near Register. Delaying the effective date of representative of the Captain of the Port, highly trafficked areas of the waterway. this rule would be contrary to public who may allow the vessel cross the Entry of vessels or persons into these interest because prompt action is Safety Zone when there is no risk to the zones is prohibited unless specifically needed to protect the swimmers event participants. The field of authorized by the Captain of the Port participating in this event on August 23, swimmers will not spread across the Sault Sainte Marie or a designated 2020. entirety of the waterway; thus, there representative. will be opportunity for a designated III. Legal Authority and Need for Rule representative of the Captain of the Port DATES: This rule is effective from 7 a.m. The Coast Guard is issuing this rule to allow vessels to transit the zones. through 3 p.m. on August 23, 2020. under authority in 46 U.S.C. 70034 Moreover, the Coast Guard will issue a ADDRESSES: To view documents (previously 33 U.S.C. 1231). The Broadcast Notice to Mariners (BNM) via mentioned in this preamble as being Captain of the Port Sault Sainte Marie VHF–FM marine channel 16 about the available in the docket, go to https:// (COTP) has determined that potential zone, and the rule allows vessels to seek www.regulations.gov, type USCG–2020– hazards associated with swimmers permission to enter the zone. 0425 in the ‘‘SEARCH’’ box and click swimming between the Les Cheneaux B. Impact on Small Entities ‘‘SEARCH.’’ Click on Open Docket Islands in a swim event will be a safety Folder on the line associated with this concern for anyone within 50 yards of The Regulatory Flexibility Act of rule. certain swim routes through highly 1980, 5 U.S.C. 601–612, as amended, FOR FURTHER INFORMATION CONTACT: If trafficked areas around the Les requires Federal agencies to consider you have questions on this rule, call or Cheneaux Islands. This rule is needed to the potential impact of regulations on email BOSN4 R. Gruschow, Waterways protect event participants and support small entities during rulemaking. The Management, Sector Sault Sainte Marie vessels during the event. term ‘‘small entities’’ comprises small U.S. Coast Guard; telephone (906) 253– businesses, not-for-profit organizations 2462, email Robert.A.Gruschow@ IV. Discussion of the Rule that are independently owned and uscg.mil. This rule establishes safety zones operated and are not dominant in their SUPPLEMENTARY INFORMATION: from 7 a.m. through 3 p.m. on August fields, and governmental jurisdictions 23, 2020. The duration of the zone is with populations of less than 50,000. I. Table of Abbreviations intended to protect event participants, The Coast Guard certifies under 5 U.S.C. CFR Code of Federal Regulations support vessels, and the general boating 605(b) that this rule will not have a

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significant economic impact on a or on the distribution of power and PART 165—REGULATED NAVIGATION substantial number of small entities. responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS While some owners or operators of Government and Indian tribes. If you vessels intending to transit the safety believe this rule has implications for ■ 1. The authority citation for part 165 zone may be small entities, for the federalism or Indian tribes, please call continues to read as follows: reasons stated in section V.A above, this or email the person listed in the FOR Authority: 46 U.S.C. 70034, 70051; 33 CFR rule will not have a significant FURTHER INFORMATION CONTACT section 1.05–1, 6.04–1, 6.04–6, and 160.5; economic impact on any vessel owner above. Department of Homeland Security Delegation or operator. No. 0170.1. Under section 213(a) of the Small E. Unfunded Mandates Reform Act Business Regulatory Enforcement The Unfunded Mandates Reform Act ■ 2. Add § 165.T09–0425 to read as Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires follows: we want to assist small entities in Federal agencies to assess the effects of understanding this rule. If the rule their discretionary regulatory actions. In § 165.T09–0425 Safety Zones; Les Cheneaux Islands, Cedarville, MI. would affect your small business, particular, the Act addresses actions organization, or governmental that may result in the expenditure by a (a) Location. The following area is a jurisdiction and you have questions State, local, or tribal government, in the safety zone: All navigable waters within concerning its provisions or options for aggregate, or by the private sector of 50 yards of a line drawn between the compliance, please call or email the $100,000,000 (adjusted for inflation) or following coordinates, based on NAD person listed in the FOR FURTHER more in any one year. Though this rule 83: INFORMATION CONTACT section. will not result in such an expenditure, (i) 45°58.481′ N, 084°17.546 W to Small businesses may send comments we do discuss the effects of this rule 45°58.535 N, 084°18.102 W on the actions of Federal employees elsewhere in this preamble. (ii) 45°58.158 N, 084°18.319 W to who enforce, or otherwise determine F. Environment 45°58.157 N, 084°18.595 W compliance with, Federal regulations to We have analyzed this rule under (iii) 45°59.468 N, 084°19.826 W to the Small Business and Agriculture ° ° Regulatory Enforcement Ombudsman Department of Homeland Security 45 58.973 N, 084 19.807 W and the Regional Small Business Directive 023–01 and Environmental (iv) 45°58.445 N, 084°21.792 W to Regulatory Fairness Boards. The Planning COMDTINST 5090.1 (series), 45°58.301 N, 084°22.003 W Ombudsman evaluates these actions which guide the Coast Guard in (v) 45°58.535 N, 084°22.480 W to annually and rates each agency’s complying with the National 45°58.732 N, 084°22.591 W to 45°59.001 responsiveness to small business. If you Environmental Policy Act of 1969 (42 N, 084°22.914 W to 45°59.044 N, wish to comment on actions by U.S.C. 4321–4370f), and have 084°22.792 W determined that this action is one of a employees of the Coast Guard, call 1– (b) Regulations. (1) Under the general category of actions that do not 888–REG–FAIR (1–888–734–3247). The safety zone regulations in § 165.23, no individually or cumulatively have a Coast Guard will not retaliate against vessel or person may enter the safety significant effect on the human small entities that question or complain zone described in paragraph (a) of this environment. This rule involves safety about this rule or any policy or action section unless authorized by the Captian zones that will prohibit entry within 50 of the Coast Guard. of the Port Sault Sainte Marie (COTP) or yards of certain swim courses between the COTP’s designated representative. C. Collection of Information the Les Cheneaux Islands. It is This rule will not call for a new categorically excluded from further (2) To seek permission to enter, hail collection of information under the review under paragraph L [60(a)] in the COTP’s representative on an Paperwork Reduction Act of 1995 (44 Table 3–1 of U.S. Coast Guard appropriate VHF channel. Those in the U.S.C. 3501–3520). Environmental Planning Implementing safety zone must comply with all lawful Procedures. A Record of Environmental orders or directions given to them by the D. Federalism and Indian Tribal Consideration supporting this COTP or the COTP’s designated Governments determination is available in the docket representative. A rule has implications for federalism where indicated under ADDRESSES. (3) As used in this section, under Executive Order 13132, ‘‘designated representative’’ means a Federalism, if it has a substantial direct G. Protest Activities Coast Guard Patrol Commander, effect on the States, on the relationship The Coast Guard respects the First including a Coast Guard coxswain, petty between the national government and Amendment rights of protesters. officer, or other officer operating a Coast the States, or on the distribution of Protesters are asked to call or email the Guard vessel and a Federal, State, and power and responsibilities among the person listed in the FOR FURTHER local officer designated by or assisting various levels of government. We have INFORMATION CONTACT section to the Captain of the Port Sault Sainte analyzed this rule under that Order and coordinate protest activities so that your Marie (COTP) in the enforcement of the have determined that it is consistent message can be received without safety zones. with the fundamental federalism jeopardizing the safety or security of (c) Enforcement period. The regulated principles and preemption requirements people, places or vessels. area described in paragraph (a) of this described in Executive Order 13132. List of Subjects in 33 CFR Part 165 section will be enforced from 7 a.m. Also, this rule does not have tribal through 3 p.m. on August 23, 2020. implications under Executive Order Harbors, Marine safety, Navigation 13175, Consultation and Coordination (water), Reporting and recordkeeping Dated: July 20, 2020. with Indian Tribal Governments, requirements, Security measures, A.R. Jones, because it does not have a substantial Waterways. Captain, U.S. Coast Guard, Captain of the direct effect on one or more Indian For the reasons discussed in the Port Sault Sainte Marie. tribes, on the relationship between the preamble, the Coast Guard amends 33 [FR Doc. 2020–16319 Filed 8–5–20; 8:45 am] Federal Government and Indian tribes, CFR part 165 as follows: BILLING CODE 9110–04–P

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DEPARTMENT OF EDUCATION March 25, 2020 (85 FR 16920). The NPP coordination, on an ongoing basis, with contained background information and other federally funded training and 34 CFR Chapter III our reasons for proposing the particular technical assistance projects and State [Docket ID ED–2020–OSERS–0009] priorities and definitions. OIB programs. We made changes to the definition of Changes: None. Final Priorities and Definitions— ‘‘intensive training and technical Comment: One commenter suggested Independent Living Services for Older assistance’’ and to Proposed Priority 1 to a more targeted assessment of the four Individuals Who Are Blind—Training recognize that in-person services and core areas reflected in this proposed and Technical Assistance conferences may need to be priority and suggested utilizing a survey supplemented or replaced by virtual of the DSAs to identify training content AGENCY: Office of Special Education and offerings during the COVID–19 that would best benefit their staff. Rehabilitative Services, Department of pandemic. There are otherwise no Discussion: RSA has conducted Education. substantive differences between the NPP surveys of DSAs since FY 2015 to ACTION: Final priorities and definitions. and these final priorities and identify their training and technical definitions. assistance needs, pursuant to the SUMMARY: The Department of Education Public Comment: In response to our requirements of section 751A(b) of the (Department) announces priorities and invitation in the NPP, eight parties Rehabilitation Act of 1973, as amended definitions under the Independent submitted comments on the proposed by the Workforce Innovation and Living Services for Older Individuals priorities and definitions. Opportunity Act (WIOA) (29 U.S.C. Who Are Blind (OIB) program, Catalog Generally, we do not address 796j–1). Survey information is captured of Federal Domestic Assistance (CFDA) technical and other minor changes, or through the OIB annual performance number 84.177Z. The Department may suggested changes the law does not reports. The four core areas reflected in use one or more of these priorities and authorize us to make. In addition, we do Priority 1 are based on survey definitions for competitions in fiscal not address general comments that raise information gathered through the OIB year (FY) 2020 and later years. We take concerns not directly related to the annual performance reports since FY this action to focus Federal financial proposed priorities and definitions. 2015. assistance on an identified national Analysis of Comments and Changes: Changes: None. need. We intend the priorities and An analysis of the comments related to Comment: One commenter definitions to improve the the proposed priorities and definitions recommended changes to the proposed administration, operation, and follows. priority in four areas: (1) Virtual and remote services and assistance; (2) Best performance of the OIB program. Proposed Priority 1—Independent practices; (3) Evaluating program DATES: These priorities and definitions Living Services for Older Individuals performance; and (4) Modifying are effective September 8, 2020. Who Are Blind (OIB) Training and information technology (IT) platforms. FOR FURTHER INFORMATION CONTACT: Technical Assistance Regarding virtual and remote services Mary Williams, U.S. Department of Comment: One commenter stated that and assistance, the commenter Education, 400 Maryland Avenue SW, the proposed priority does not go far suggested offering flexibility to provide Room 5100, Potomac Center Plaza enough to enhance the capacity of OIB training on remote or virtual service (PCP), Washington, DC 20202–5176. and similar programs to access delivery practices to help maintain and Telephone: (202) 245–7586. Email: additional funding to address the unmet expand service provision, particularly [email protected]. need for OIB services. The commenter in large or rural service areas. Further, If you use a telecommunications further stated that, if the OIB Training the commenter suggested the device for the deaf (TDD) or a text and Technical Assistance Center Department provide flexibility to the telephone (TTY), call the Federal Relay (Center) merely suggests funding Center with respect to the form of Service (FRS), toll free, at 1–800–877– streams and methods of collaboration service delivery in unusual 8339. and does not actually undertake circumstances that represent higher SUPPLEMENTARY INFORMATION: educational and other initiatives that risks to the older people who are served Purpose of Program: The purpose of enhance the capacity of OIB and similar by the OIB programs. this program is to provide training and programs to access additional funds, Regarding best practices, the technical assistance to designated State this technical assistance will be a commenter noted that the term ‘‘best agencies (DSAs)—the State agencies that largely cosmetic undertaking. practices’’ used in Priority 1, general provide vocational rehabilitation Discussion: We do not fully agree topic area (b), in the OIB program FY services to individuals who are blind— with the commenter’s characterization 2015 grant competition was changed to that receive grant funding under the OIB of the activities contemplated for the ‘‘promising practices’’ in Proposed program and to other service providers Center. Through implementation of Priority 1. The commenter suggested, to that receive OIB program funding from Priority 1, the Center can train OIB the extent that best practices exist, DSAs to provide services to consumers. grantees on how to identify State and technical assistance and training should The training and technical assistance local resources and implement strategies be based on best practices, and the final are designed to improve the operation to acquire and effectively leverage the priority should make this clarification. and performance of programs and use of those resources, where Regarding evaluating program services for older individuals who are appropriate, to meet the unmet service performance, the commenter suggested blind resulting in their enhanced needs of OIB consumers. To that end, that training and technical assistance independence and self-sufficiency. the Center will be responsible for should be provided on the evaluation of Program Authority: 29 U.S.C. 796j–1. identifying State and local resources programs, client progress, and Applicable Program Regulations: 34 available to the OIB program as well as outcomes, and recommended changing CFR part 367. promising practices that facilitate the general topic area (b), to read We published a notice of proposed acquisition, sharing, and leveraging of ‘‘Promising practices, including the priorities and definitions (NPP) for this those resources within a State. This will development, dissemination, and competition in the Federal Register on require communication and evaluation of relevant materials to

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facilitate delivery of effective services’’ types of training and technical and intensive training and technical and changing general topic area (c) to assistance provided. assistance to designated State agencies include evaluation and to read Discussion: We recognize that the (DSAs) funded under the OIB program ‘‘Program performance, including data definition of ‘‘intensive training and and to any service providers that DSAs reporting, evaluation, and analysis.’’ technical assistance’’ is broad; however, fund to provide services directly to Regarding modifying IT platforms, the this is intentional given the range of consumers. The Center will develop and commenter indicated that ample issues that OIB agencies may encounter provide training and technical platforms exist to support dissemination in their implementation of the OIB assistance in the following general topic of information on training and technical program. OIB grantees, in collaboration areas: assistance and suggested focusing on the with this Center, will determine the (a) Community outreach methods and channels that already exist, to the type and level of intensive training and strategies to identify potential recipients greatest extent possible, in order to technical assistance needed. We believe of services. maximize limited resources available for that the definition offers applicants the (b) Promising practices, based on the Center and the OIB programs. flexibility they need to demonstrate how ‘‘promising evidence’’ as defined in 34 Discussion: In the area of virtual and they would apply the definition of CFR 77.1(c), including the development remote services and assistance, we ‘‘intensive training and technical and dissemination of relevant materials believe that development of training on assistance’’ to meet the varying needs of to facilitate the delivery of high-quality remote or virtual service delivery the OIB grantees. The definition of services. practices can be accomplished under ‘‘intensive training and technical (c) Program performance, including Final Priority 1, activity (b)(2). We used assistance’’ used in this priority is the data reporting and analysis. the term ‘‘promising practices’’ rather standard definition used for the (d) Financial and management than ‘‘best practices’’ because ‘‘best Rehabilitation Services Administration’s practices, including practices to ensure practices’’ would rely on a higher level (RSA’s) training and technical compliance with grant administration of evidence than is currently available assistance centers to provide this requirements. To meet the requirements of this in the area of serving older individuals flexibility. priority, the Center must, at a minimum, who are blind. The term ‘‘promising Changes: None. Comment: None. conduct the following activities: practices’’ aligns with the definition of (a) Annually provide intensive ‘‘promising evidence’’ in 34 CFR 77.1(c). Discussion: As a result of disruptions to in-person services arising from the training and technical assistance to a However, where there are relevant minimum of three DSAs or other service evidence-based practices, we encourage COVID–19 pandemic, the Department believes it is advisable to provide for the providers on the four general topic areas the Center to provide training and in this priority. Intensive training and technical assistance based on such possibility that intensive training and technical assistance might sometimes be technical assistance may be provided practices. through remote delivery as appropriate. Regarding the suggestions to change provided through remote delivery, as needed and appropriate. The technical assistance must be— the language in general topic area (c), as (1) Consistent with the project Changes: We have revised the noted earlier, the four general topic activities and tailored to the specific definition of ‘‘intensive training and areas under Final Priority 1 are based on needs and challenges of the DSA or technical assistance’’ to allow the Center the results of surveys of the DSAs to other service provider receiving to provide intensive training and determine their training and technical intensive training and technical technical assistance through remote assistance needs. Furthermore, we assistance; delivery as appropriate. believe that general topic area (c) is (2) Provided under an agreement with sufficiently flexible to allow for the General each DSA or other service provider that, provision of technical assistance on the at a minimum, details the purpose, areas of evaluation of programs, client Comment: A few commenters stated that the proposed priorities could intended outcomes, and requirements progress, and outcomes if it is for subsequent evaluation of the training determined that these issues need to be benefit from clearer descriptive labeling and language, use of shorter sentences and technical assistance; and addressed. (3) Assessed 90 days after completion and smaller sections to facilitate ease of Regarding IT platforms, this priority to ensure that the DSAs and other reading and clarity, and hyperlinks to allows for the development of new IT service providers receiving intensive improve understanding, but the platforms or systems if existing training and technical assistance are commenters did not offer specific platforms and systems cannot be applying it effectively, and to address suggestions or examples to improve the effectively modified to support any issues or challenges in its clarity of the proposed priorities. webinars, podcasts, video conferences, implementation. teleconferences, and other virtual Discussion: We appreciate the value (b) Provide a range of targeted training methods of dissemination of of using plain language in the priorities and technical assistance and universal information and training and technical and believe the current language is training and technical assistance assistance. clear. products and services on the four Changes: None. Changes: None. general topic areas in this priority. The training and technical assistance must Definitions Final Priorities include, at a minimum, the following Priority 1—Independent Living Services Comment: One commenter stated that activities: the definition of ‘‘intensive training and for Older Individuals Who Are Blind (1) In each year of the project, provide technical assistance’’ lacks detail. The (OIB) Training and Technical a minimum of 10 webinars, podcasts, commenter stated that the definition Assistance video conferences, teleconferences, or could be improved and clarified by This priority supports a cooperative other virtual methods of dissemination presenting methods and examples that agreement to establish an OIB Training of information and training and represent the level of training received and Technical Assistance Center technical assistance on the four general in order to differentiate between the (Center) to provide universal, targeted, topic areas in this priority to describe

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and disseminate information about Priority 2—Identify and Demonstrate services, primarily on-site or through emerging promising practices. How Specific Technical Assistance remote delivery, as needed and (2) Develop new information Strategies Provided to OIB Grantees appropriate, over an extended period. technology (IT) platforms or systems, or Will Facilitate Collaboration and Intensive training and technical modify existing platforms and systems, Leveraging of Resources at the State assistance is based on an ongoing as follows: and Local Level relationship between the training and technical assistance center staff and a (i) Develop or modify, and maintain, To meet the requirements of this DSA, or other service provider that a state-of-the-art IT platform sufficient priority, the Center must, at a minimum, receives OIB program funding from a to support webinars, podcasts, video develop technical assistance focused on DSA to provide services, under the conferences, teleconferences, and other partnerships to facilitate the sharing of terms of a signed intensive training and virtual methods of dissemination of information and leveraging of resources technical assistance agreement. information and training and technical from other systems that work with aging Targeted training and technical assistance; and individuals and individuals with assistance means training and technical (ii) Develop or modify, and maintain, disabilities. These technical assistance strategies assistance based on needs common to a state-of-the-art archiving and one or more DSAs, or other service dissemination system that is open and must be designed to improve the capacity of OIB grantee staff, and staff providers that receive OIB program available to the public, at no cost, and funding from DSAs to provide services, that provides a central location for later from other service providers that receive OIB program funding from DSAs to on a time-limited basis and with a use of training and technical assistance limited commitment of training and products, including course curricula, provide services to the OIB population, to acquire and develop the skills and technical assistance center resources. audiovisual materials, webinars, Targeted training and technical examples of emerging and promising tools they need to help the OIB population sustain and increase their assistance are delivered through virtual practices related to the four general or in-person methods tailored to the topic areas in this priority, and any ability to live independently in their homes and communities. identified needs of the participating other training and technical assistance DSAs, or other service providers that products developed by the grantee and Types of Priorities receive OIB program funding from DSAs others. When inviting applications for a to provide services. Note: All products produced by the Center competition using one or more Universal training and technical must meet government and industry- priorities, we designate the type of each assistance means training and technical recognized standards for accessibility. priority as absolute, competitive assistance broadly available to DSAs, or (c) Conduct outreach to DSAs so that preference, or invitational through a other service providers that receive OIB they are aware of, and can participate notice in the Federal Register. The program funding from DSAs to provide in, training and technical assistance effect of each type of priority follows: services, and other interested parties activities. Absolute priority: Under an absolute resulting in minimal interaction with priority, we consider only applications training and technical assistance center (d) Establish a community of staff. Universal training and technical practice 1 that will act as a vehicle for that meet the priority (34 CFR 75.105(c)(3)). assistance includes generalized communication, an exchange of presentations, products, and related information among DSAs and other Competitive preference priority: Under a competitive preference priority, activities available through a website or service providers, and a forum for through brief contact with the training sharing the results of training and we give competitive preference to an application by (1) awarding additional and technical assistance center staff. technical assistance activities that are in This document does not preclude us progress or that have been completed. points, depending on the extent to which the application meets the priority from proposing additional priorities, (e) Facilitate annually a minimum of (34 CFR 75.105(c)(2)(i)); or (2) selecting requirements, definitions, or selection one in-person conference, or, if health an application that meets the priority criteria, subject to meeting applicable and safety reasons make an in-person over an application of comparable merit rulemaking requirements. conference infeasible, a virtual that does not meet the priority (34 CFR Note: This document does not solicit conference, for the purpose of 75.105(c)(2)(ii)). applications. In any year in which we choose dissemination of information related to Invitational priority: Under an to use one or more of these priorities and emerging promising practices and invitational priority, we are particularly definitions, we invite applications through a ongoing technical assistance needs and interested in applications that meet the notice in the Federal Register. activities. priority. However, we do not give an Executive Orders 12866, 13563, and (f) Communicate and coordinate, on application that meets the priority a 13771 Regulatory Impact Analysis an ongoing basis, with other federally preference over other applications (34 funded training and technical assistance CFR 75.105(c)(1)). Under Executive Order 12866, it must projects, particularly Department- be determined whether this regulatory funded projects, to ensure that training Final Definitions action is ‘‘significant’’ and, therefore, and technical assistance activities are The Department establishes the subject to the requirements of the complementary and non-duplicative. following definitions for this program. Executive order and subject to review by (g) Conduct an evaluation to We may apply one or more of these the Office of Management and Budget determine the impact of the Center’s definitions in any year in which this (OMB). Section 3(f) of Executive Order training and technical assistance on the program is in effect. 12866 defines a ‘‘significant regulatory DSAs and other service providers that Intensive training and technical action’’ as an action likely to result in received the Center’s services. assistance means training and technical a rule that may— assistance provided to a DSA, or other (1) Have an annual effect on the 1 See: www.sedl.org/pubs/catalog/items/ service provider that receives OIB economy of $100 million or more, or dis104.html. program funding from a DSA to provide adversely affect a sector of the economy,

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productivity, competition, jobs, the including economic incentives—such as and institutions of higher education environment, public health or safety, or user fees or marketable permits—to (IHEs) that have the capacity to provide State, local, or Tribal governments or encourage the desired behavior, or training and technical assistance in the communities in a material way (also provide information that enables the provision of independent living services referred to as an ‘‘economically public to make choices. for older individuals who are blind and significant’’ rule); Executive Order 13563 also requires have demonstrated through their (2) Create serious inconsistency or an agency ‘‘to use the best available application a capacity to provide the otherwise interfere with an action taken techniques to quantify anticipated level of training and technical assistance or planned by another agency; present and future benefits and costs as necessary to meet the priorities and (3) Materially alter the budgetary accurately as possible.’’ The Office of definitions. We believe that the costs impacts of entitlement grants, user fees, Information and Regulatory Affairs of imposed on an applicant by the or loan programs or the rights and OMB has emphasized that these priorities and definitions would be obligations of recipients thereof; or techniques may include ‘‘identifying limited to paperwork burden related to (4) Raise novel legal or policy issues changing future compliance costs that preparing an application and that the arising out of legal mandates, the might result from technological benefits of these priorities and President’s priorities, or the principles innovation or anticipated behavioral definitions would outweigh any costs stated in the Executive order. changes.’’ incurred by the applicant. There are This final regulatory action is not a We are issuing the final priorities and very few entities that could provide the significant regulatory action subject to definitions only on a reasoned type of technical assistance the Center review by OMB under section 3(f) of determination that their benefits justify aims to provide. For these reasons these Executive Order 12866. their costs. In choosing among priorities and definitions would not Under Executive Order 13771, for alternative regulatory approaches, we impose a burden on a significant each new regulation that the selected those approaches that number of small entities. Department proposes for notice and maximize net benefits. Based on the Paperwork Reduction Act of 1995: comment or otherwise promulgates that analysis that follows, the Department The priorities and definitions contain is a significant regulatory action under believes that this regulatory action is information collection requirements that Executive Order 12866, and that consistent with the principles in are approved by OMB under OMB imposes total costs greater than zero, it Executive Order 13563. control number 1820–0018. must identify two deregulatory actions. We also have determined that this Intergovernmental Review: This For FY 2020, any new incremental costs regulatory action does not unduly program is subject to Executive Order associated with a new regulation must interfere with State, local, and Tribal 12372 and the regulations in 34 CFR be fully offset by the elimination of governments in the exercise of their part 79. One of the objectives of the existing costs through deregulatory governmental functions. Executive order is to foster an actions. Because the regulatory action is In accordance with both Executive intergovernmental partnership and a not significant, the requirements of orders, the Department has assessed the strengthened federalism. The Executive Executive Order 13771 do not apply. potential costs and benefits, both order relies on processes developed by We have also reviewed this final quantitative and qualitative, of this State and local governments for regulatory action under Executive Order regulatory action. The potential costs coordination and review of Federal 13563, which supplements and are those resulting from statutory financial assistance. explicitly reaffirms the principles, requirements and those we have This document provides early structures, and definitions governing determined as necessary for notification of our specific plans and regulatory review established in administering the Department’s actions for this program. Executive Order 12866. To the extent programs and activities. permitted by law, Executive Order In addition, we have considered the Assessment of Educational Impact 13563 requires that an agency— potential benefits of this regulatory In the NPP we requested comments (1) Propose or adopt regulations only action and noted these benefits in the on whether the proposed priorities and upon a reasoned determination that NPP. definitions would require transmission their benefits justify their costs Regulatory Flexibility Act of information that any other agency or (recognizing that some benefits and Certification: The Secretary certifies that authority of the United States gathers or costs are difficult to quantify); this regulatory action would not have a makes available. (2) Tailor its regulations to impose the significant economic impact on a Based on the response to the NPP and least burden on society, consistent with substantial number of small entities. on our review, we have determined that obtaining regulatory objectives and The U.S. Small Business Administration these final priorities and definitions do taking into account—among other things Size Standards define proprietary not require transmission of information and to the extent practicable—the costs institutions as small businesses if they that any other agency or authority of the of cumulative regulations; are independently owned and operated, United States gathers or makes (3) In choosing among alternative are not dominant in their field of available. regulatory approaches, select those operation, and have total annual Accessible Format: Individuals with approaches that maximize net benefits revenue below $7,000,000. Nonprofit disabilities can obtain this document in (including potential economic, institutions are defined as small entities an accessible format (e.g., braille, large environmental, public health and safety, if they are independently owned and print, audiotape, or compact disc) on and other advantages; distributive operated and not dominant in their field request to the program contact person impacts; and equity); of operation. Public institutions are listed under FOR FURTHER INFORMATION (4) To the extent feasible, specify defined as small organizations if they CONTACT. performance objectives, rather than the are operated by a government Electronic Access to This Document: behavior or manner of compliance a overseeing a population below 50,000. The official version of this document is regulated entity must adopt; and The small entities that this regulatory the document published in the Federal (5) Identify and assess available action would affect are State and public Register. You may access the official alternatives to direct regulation, or non-profit agencies and organizations edition of the Federal Register and the

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Code of Federal Regulations at paperwork burden associated with the The Department received comments www.govinfo.gov. At this site you can requirements of IDEA Part B while on several specific topics, including view this document, as well as all other preserving the rights of children with whether the Department had documents of this Department disabilities and promoting academic established—(1) an identified national published in the Federal Register, in achievement. need to reduce the paperwork burden text or Portable Document Format DATES: These priorities, requirements, associated with the requirements of (PDF). To use PDF you must have and selection criteria are effective IDEA Part B while preserving the rights Adobe Acrobat Reader, which is September 8, 2020. of children with disabilities and available free at the site. promoting academic achievement; (2) FOR FURTHER INFORMATION CONTACT: You may also access documents of the the appropriateness of using funds for David Egnor, U.S. Department of Department published in the Federal the stated purposes; and (3) Register by using the article search Education, 400 Maryland Avenue SW, recommendations to address perceived feature at www.federalregister.gov. Room 5163, Potomac Center Plaza, limitations in proposed requirements Specifically, through the advanced Washington, DC 20202–5076. regarding stakeholder engagement, data search feature at this site, you can limit Telephone: (202) 245–7334. Email: collection, and other matters. Each topic your search to documents published by [email protected]. is addressed below. the Department. If you use a telecommunications Whether there is an identified device for the deaf (TDD) or a text national need to reduce the paperwork Mark Schultz, telephone (TTY), call the Federal Relay burden associated with the Commissioner, Rehabilitation Services Service (FRS), toll free, at 1–800–877– requirements of IDEA Part B. Administration, Delegated the Authority to 8339. Comment: Several commenters raised Perform the Functions and Duties of the Assistant Secretary for the Office of Special SUPPLEMENTARY INFORMATION: questions regarding the needs for the Education and Rehabilitative Services. Purpose of Program: The purpose of IDEA Paperwork Reduction Planning the Technical Assistance and and Implementation Program, noting [FR Doc. 2020–17215 Filed 8–4–20; 11:15 am] Dissemination to Improve Services and that no States had received awards as a BILLING CODE 4000–01–P Results for Children with Disabilities result of two similar prior competitions Program is to promote academic in 2007 and 2019, which they argued DEPARTMENT OF EDUCATION achievement and to improve results for signified that special education children with disabilities by providing paperwork reduction was no longer a 34 CFR Chapter III technical assistance (TA), supporting significant issue in the field. The same model demonstration projects, commenters also cited recent survey [Docket ID ED–2020–OSERS–0014] disseminating useful information, and results indicating that special education Final Priorities, Requirements, and implementing activities that are teachers and administrators no longer Selection Criteria—Technical supported by scientifically-based identified special education paperwork Assistance and Dissemination To research. burden as a major concern as it was Improve Services and Results for Program Authority: 20 U.S.C. 1408 perceived prior to the 2004 amendments Children With Disabilities—The and 1463. to the Individuals with Disabilities Individuals With Disabilities Education We published a notice of proposed Education Act (IDEA). They also noted Act (IDEA) Paperwork Reduction priorities, requirements, and selection that, since 2004, advancements in Planning and Implementation Program criteria (NPP) for this program in the various technologies, such as computer- Federal Register on May 29, 2020 (85 based individualized education AGENCY: Office of Special Education and FR 32317). The NPP contained programs (IEPs), have significantly Rehabilitative Services (OSERS), background information and our reasons reduced the amount of time that Department of Education. for proposing these particular priorities, educators spend on completing special ACTION: Final priorities, requirements, requirements, and selection criteria. education paperwork. and selection criteria. There are minor substantive Two commenters expressed general differences between the NPP and this support for seeking ways to reduce SUMMARY: The Department of Education notice. As discussed in the Analysis of special education paperwork but (Department) announces priorities, Comments and Changes section of this cautioned that certain administrative requirements, and selection criteria for document, these changes relate to requirements that may seem the IDEA Paperwork Reduction instances where we believed further unnecessary for educators or Planning and Implementation Program, clarification regarding stakeholder administrators may be vital to protecting Catalog of Federal Domestic Assistance participation was appropriate. the interests of children with (CFDA) number 84.326F. The Public Comment: In response to our disabilities. Department may select as many as 15 invitation to comment in the NPP, six Another commenter noted that IDEA States to receive support in planning for parties submitted comments on the paperwork and other administrative and implementing waivers of statutory proposed priorities, requirements, and burdens interfered with the ability of requirements of, or regulatory selection criteria. related services providers, including requirements relating to, IDEA Part B to Generally, we do not address members of their professional reduce excessive paperwork and technical and other minor changes. In association, to provide high-quality noninstructional time burdens that do addition, we do not address comments services to children with disabilities. not assist in improving educational and that raised concerns not directly related Discussion: We appreciate functional results for children with to the proposed priorities, requirements, commenters’ concerns about the extent disabilities. The Department may use and selection criteria. to which they anticipate the proposed these priorities, requirements, and Analysis of Comments and Changes: priorities would generate value for selection criteria for competitions in An analysis of the comments and of any States. We acknowledge that, across fiscal year (FY) 2020 and later years. We changes in the priorities, requirements, States, the degree of administrative take this action to focus attention on an and selection criteria since publication burdens may vary. As such, we do not identified national need to reduce of the NPP follows. anticipate every State will apply for

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funding under these priorities. section 609 of IDEA may not affect the rights requirements’’ includes, but is not However, we believe it would be right of a child with a disability to limited to, the civil rights protections in shortsighted to deprive every State of receive a free appropriate public the United States Constitution and the the opportunity to seek out ways to education (FAPE) or waive procedural requirements of Section 504 of the meaningfully, and responsibly, reduce safeguards under section 615 of IDEA or Rehabilitation Act of 1973, as amended; administrative burdens so that special applicable civil rights requirements, and Title VI of the Civil Rights Act of 1964; education teachers and related services we require State applicants to describe Title IX of the Education Amendments providers can devote more time and how they will continue to guarantee of 1972; Title II of the Americans with resources to supporting the needs of these protections. Disabilities Act of 1990; and Age children with disabilities. Changes: None. Discrimination Act of 1975. We also We also acknowledge that the Alignment between the proposed propose within the NPR that parents Department received no applications activities and requirements and the have the right to understand and under other paperwork reduction intended purposes. consent to changes that affect their initiatives in 2007, and only one Comment: In response to our directed children’s education and that they may application in 2019 that was not of question about the extent to which the withdraw their consent at any time and sufficient quality to be funded. proposed activities and requirements for any reason. In short, we believe we However, as noted in a 2016 GAO were appropriate for States and whether have proposed sufficient protections to report, many States chose not to apply alternatives existed that would ensure States’ waiver proposals preserve under the 2007 competition because accomplish the same purposes with less the fundamental rights of children with they saw the application requirements burden for States, the majority of disabilities and their families under as too burdensome and the funding commenters provided feedback about IDEA. level as too low to support the necessary the proposed activities and proposed Changes: None. additional staff to implement the alternatives. Some commenters Comments regarding award sizes. projects.1 We had similar concerns expressed concern that the proposed Comment: None. regarding the 2019 competition and, as activities and requirements would Discussion: The Department did not a result, solicited public comment on undermine the rights and needs of receive any comments responding to our these requirements, and the most children with disabilities and their directed question regarding the appropriate funding level for these families. One commenter noted that the appropriate size of awards for the projects, to ensure that we strike an proposed activities and requirements proposed priorities. We intend to appropriate balance that provides States would help alleviate unmanageable propose different ranges of award sizes with the opportunity to address this caseloads and excessive paperwork under Priority 1 and Priority 2, and we ongoing issue while ensuring among related services providers do not intend to establish a maximum appropriate supports and safeguards. represented by the commenter’s award size for the 2020 competition to Regarding the advent and professional association. ensure appropriate flexibility for States effectiveness of technology in reducing Discussion: In 2004, Congress to develop meaningful and effective administrative burdens, we amended IDEA to provide an proposals. acknowledge that such tools hold great opportunity for States to identify ways Changes: None. to reduce paperwork burdens and other promise for streamlining the paperwork Priority 1: The Individuals With process. However, as noted in the same administrative duties that are directly associated with the requirements of Disabilities Education Act (IDEA) GAO study, technology tools have Paperwork Reduction Planning and helped ease burdens, but they have IDEA Part B, in order to increase the time and resources available for Implementation Program—Planning limitations. Our goal in these efforts is Grants to help special education teachers, instruction and other activities aimed at related services providers, and improving educational and functional Comment: Most commenters administrators complete the same forms results for children with disabilities. We expressed concern that the more quickly, and to support States in agree with the commenter that reducing programmatic requirements did not strategically and purposefully unnecessary paperwork burden will include a specific requirement for considering whether the specific forms increase the time and resources applicants to provide quantitative data or all of the information they ask for are available for instruction and other on the anticipated benefits of any necessary in the first place. activities aimed at improving potential reforms. The commenters We agree with the commenters that educational and functional results for recommended requiring that applicants noted that unnecessary paperwork children with disabilities. submit data documenting anticipated continues to interfere with the ability of We agree with the commenters that benefits drawing from the performance educators to provide high-quality we must ensure that the rights and of children with disabilities on the services to children with disabilities needs of children with disabilities and annual State assessments required by and that the Department should their families are not undermined. We the Every Student Succeeds Act (ESSA) continue to offer opportunities for States clearly state that the Secretary will not or the performance of children with to address the stated purposes of the waive any statutory or regulatory disabilities on the National Assessment program. provisions relating to procedural of Educational Progress (NAEP), or both. We agree with the commenters that safeguards under section 615 of IDEA or The commenters also noted that certain administrative requirements that applicable civil rights requirements and improvement in performance on State may seem unnecessary for educators or that waivers may not affect the right of assessments should be linked to the administrators may be vital to protecting a child with a disability to receive goals for children with disabilities the interests of children with FAPE, consistent with section 609. We articulated on the State’s approved disabilities. Within the notice, we further propose, in the notice of ESSA State plan. clearly state that any waiver under proposed requirements and definition Two commenters recommended that (NPR) for this program published in the the final priority specify that States 1 GAO–16–25 (Washington, DC: January 2016), Federal Register on June 5, 2020 (85 FR must continue to meet the data available at: www.gao.gov/products/GAO-16-25. 34554), that the term ‘‘applicable civil collection requirements of Part B of

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IDEA. In addition, one commenter in program evaluation, are in the best receiving a waiver was insufficient to recommended revising the final notice position to evaluate the extent to which ensure that approved waivers would to specify that school districts or States the goals, objectives, and outcomes to be improve positive outcomes including shall not reduce important required data achieved by the proposed project are educational and functional results for collection activities related to racial clearly specified and measurable. children with disabilities. Similar to inequities in identification, eligibility, We agree with the commenter who comments they provided in response to behavioral interventions, and school recommended that the Department take Priority 1, the commenters suspensions or expulsions. steps to encourage States to apply for recommended that applicants be Further, most commenters the planning grants under Priority 1, as required to provide quantitative data recommended that the group of well as the commenter’s caution that drawn from the performance of children stakeholders involved in identifying while the grant application process with disabilities to demonstrate whether target areas to reduce administrative should be comprehensive, it should not student achievement improved as a burden should be expanded to include be burdensome. The Department seeks result of receiving a waiver. They also the State’s Parent Training and to minimize burden in its grant recommended that such data be based Information Center (PTI) and competitions to the extent possible, and on data gathered through annual State Community Parent Resource Centers we will take appropriate measures to assessments required by ESSA, the (CPRC) funded under IDEA Part D, the ensure that States are aware of the performance of children with State’s Protection and Advocacy agency, funding opportunity. disabilities on the NAEP, or both, and and disability advocacy organizations We appreciate commenters’ concerns that improvement in performance on within each State. Similarly, two about whether States that receive grants State assessments should be linked to commenters recommended that the under the proposed priorities will be the goals for children with disabilities impact of administrative burdens required to continue to meet the data articulated on the State’s approved should be identified through a collection and reporting requirements ESSA State plan, if applicable. consultative process with all affected under sections 616 and 618 of the IDEA. In addition, most commenters stakeholder groups. We intend to address this comment in recommended limiting eligible Finally, one commenter the analysis of comments for the Final applicants for paperwork reduction recommended that the Department take Requirements-Individuals With waivers to States that have received a steps to encourage States to apply for Disabilities Education Act (IDEA) ‘‘Meets Requirements’’ rating in their the planning grants under Priority 1 but Paperwork Reduction Waivers. To latest annual determination regarding cautioned that while the grant ensure that this issue is considered in their implementation of IDEA. application process should be planning grants under Priority 1, we are Discussion: We seek, consistent with comprehensive, it should not be adding language to Priority 1 to ensure section 609 of IDEA, to provide an burdensome. that the plan for a waiver proposal be opportunity for States to identify ways Discussion: In Priority 1, we seek to consistent with the Final Requirements. to reduce paperwork burdens and other provide the opportunity for States to Last, we agree with the commenters administrative duties that are directly identify ways to reduce paperwork who recommended that the group of associated with the requirements of burdens and other administrative duties stakeholders involved in identifying IDEA Part B in order to increase the that are directly associated with the target areas to reduce administrative time and resources available for requirements of IDEA Part B, in order to burden should be expanded to include instruction and other activities aimed at increase the time and resources the State’s PTIs and CPRCs funded improving educational and functional available for instruction and other under IDEA Part D. However, while we results for children with disabilities. activities aimed at improving acknowledge that a State may seek to Regarding applicants providing educational and functional results for involve the State’s Protection and quantitative data relying on the data children with disabilities. Regarding Advocacy agency and disability sources identified by the commenters, applicants providing quantitative data advocacy organizations within the State, under paragraph (c)(3) of the application on the anticipated benefits of any we believe it is more appropriate to requirements for Priority 2, we require potential reforms, under paragraph leave their participation up to the State applicants to describe strategies they (c)(3) of the application requirements for applicant. We believe that it is will use for analyzing data and how data Priority 2, we require applicants to appropriate to add PTIs and CPRCs to collected as part of the evaluation plan describe strategies they will use for the list of required stakeholders to will be used to inform and improve analyzing data and how data collected involve, as PTIs and CPRCs are critical service delivery over the course of the as part of this plan will be used to entities supported by IDEA Part D project and to refine the implementation inform and improve service delivery discretionary grant resources. project and evaluation plan, including over the course of the project and to Changes: Under the Programmatic subsequent data collection. Rather than refine the implementation project and Requirements for Priority 1, we have being prescriptive regarding data evaluation plan, including subsequent amended paragraph (b)(v) to reference sources, we believe it is preferable for data collection. Rather than being the Final Requirements—The IDEA applicants to propose a comprehensive prescriptive regarding data sources, we Paperwork Reduction Waiver and (a)(iv) evaluation plan. An applicant’s believe it is preferable for applicants to by adding PTI and CPRC, if appropriate, proposed evaluation plan under Priority propose a comprehensive evaluation representation to the list of parent 2, including data sources, will be plan under Priority 2, which would stakeholders. evaluated by a panel of subject-matter include a description of the data to be experts with experience in program collected. The applicant’s proposed Comments Regarding Priority 2: The evaluation as part of the discretionary evaluation plans under Priority 2, Individuals With Disabilities Education grant peer review process for Priority 2. including data sources, will be Act (IDEA) Paperwork Reduction We believe that peer reviewers with evaluated by a panel of subject-matter Planning and Implementation expertise in program evaluation are in experts as part of the discretionary grant Program—Implementation Grants the best position to evaluate the extent peer review process. We believe that Comment: Most commenters stated to which the goals, objectives, and peer reviewers, who will have expertise that the evaluation plan for States outcomes to be achieved by the

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proposed project are clearly specified should specifically exclude any changes burden with utilizing IDEA funds and and measurable. to a child’s IEP, triennial evaluations billing Medicaid. Because section 609 of IDEA does not and reporting, and written Discussion: We understand the address eligibility for planning grants communication to parents on student commenter’s concern, but this and because a State’s annual progress. recommendation is beyond the scope of determination under section Discussion: We understand the this notice. Further, the waiver program 616(d)(2)(A) of IDEA that it ‘‘meets commenter’s concern. However, this is intended to be specific to paperwork requirements’’ could change from the comment is more germane to the NPR, and administrative burdens resulting period of application for a planning which remains open for public from IDEA requirements, not for those grant to the period when a waiver is comment. We will consider this resulting from other Federal programs. sought, we do not believe that eligibility recommendation as part of that Changes: None. for planning grants should be limited to rulemaking. In addition, we note that Comments: None. those States that are in ‘‘meets section 609 clearly states that waivers Discussion: Upon further review, the requirements.’’ Regarding eligibility may not affect the right of a child with Department recognized that the specific standards for seeking waivers, these will a disability to receive FAPE and that language included in the ‘‘Funding be established in Final Requirements— procedural safeguards under section 615 Eligibility Requirements’’ section of the The Individuals With Disabilities of IDEA and applicable civil rights NPP may unnecessarily limit the Education Act (IDEA) Paperwork requirements cannot be waived. The Department’s flexibility in using the Reduction Waivers. We encourage NPP also states that States are required priorities. Specifically, the proposed States applying under Priority 1 that to describe how they will continue to language did not contemplate a scenario believe they may ultimately seek a guarantee these protections. Further, the in which the Department would, to waiver under section 609 to review and NPP requires applicants to describe how reduce burdens for applicants and the be mindful of those requirements. their application promotes collaboration Department, encourage applicants to Changes: None. between IEP Team members, which propose projects that would address Comment: One commenter includes communicating with parents both Priority 1 and Priority 2. We have recommended revising Priority 2 to on their child’s progress. therefore revised the language in that align with the requirement in Priority 1 Changes: None. section to: (1) Clarify that the that the implementation plan identify Comment: One commenter requirement to obtain a waiver under State and local statutory and regulatory recommended that the Department section 609 applies to the receipt of requirements or policies, procedures, widely disseminate information on the funding, not eligibility; (2) add a new and practices that exceed IDEA Part B benefits and outcomes of all State subparagraph (b)(2)(ii)(A) to clarify that statutory and regulatory requirements waivers that are granted. grantees who have received funding and were considered for revision. Discussion: We agree with the under both priorities would, in the Discussion: We agree with the commenter and will make this event they proposed a project to address commenter regarding the importance of information available. Section 609 of both priorities, immediately be able to identifying State and local IDEA requires that the Secretary include begin activities under Priority 2 upon requirements, policies, procedures, and in the annual report to Congress receipt of a waiver from the Secretary; practices that exceed IDEA statutory and information related to the effectiveness and (3) redesignate a portion of regulatory requirements. However, this of waivers granted, including any proposed paragraph (b)(2)(ii) as new matter is already addressed in Priority 1 specific recommendations for broader subparagraph (b)(2)(ii)(B) and clarify and in the NPR, which remains open for implementation of such waivers in that it applies to grantees who only public comment. Those proposed reducing the paperwork burden on received awards to address Priority 1. requirements provide detailed teachers, principals, administrators, and Changes: We have revised paragraph information regarding what States are related service providers and (1) under Funding Eligibility required to submit as part of their noninstructional time spent by teachers Requirement to clarify the requirement waiver request, including any State and in complying with IDEA Part B pertains to the receipt of funding, not local requirements they plan to waive requirements; enhancing longer-term eligibility. We have also revised that exceed IDEA requirements. educational planning; improving paragraph (b)(2)(ii) to more specifically Changes: None. positive outcomes for children with address applicants that received funding Comment: One commenter disabilities; promoting collaboration under only Priority 1 and those who recommended amending Priority 2 between IEP Team members; and received funding under Priorities 1 and paragraph (c)(1)(v) to add language that ensuring satisfaction of family members. 2. Changes: None. includes the parent of the child to Comments Regarding Selection Criteria emphasize the importance of family Comment: One commenter engagement in the IEP Team process. recommended that the Department Comment: One commenter Discussion: We agree with the coordinate with the Centers for recommended multiple edits to the commenter regarding the importance of Medicaid & Medicaid Services and the proposed selection criteria, deleting parent and family engagement. The final Children’s Health Insurance Program certain terms or phrases and inserting notice has been revised to include the within the U.S. Department of Health others. For example, the commenter recommended language. and Human Services (HHS) to reduce recommended deleting references to Changes: We have revised paragraph administrative burden of duplicative ‘‘consumers’’ and referring instead to (c)(1)(v) of the Programmatic paperwork for school-based providers ‘‘educators, related service providers, Requirements for Priority 2 to include who utilize IDEA funds and bill teachers, principals and language that specifies the parent of the Medicaid. In addition, the commenter administrators.’’ child. recommended that the Department and Discussion: We agree with the HHS co-develop trainings and provide commenter that we should replace the Other Comments technical assistance for billing and term ‘‘consumer’’ with the Comment: One commenter payment administration of Medicaid recommended text to clarify the relevant recommended that the final priority services in schools to reduce paperwork stakeholders.

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Changes: We have revised paragraph (b) The project must prepare a plan providers, State and local (b)(2)(ii) of the selection criteria to that— administrators, and children with consider the extent to which the (i) Identifies the State and local disabilities (e.g., teacher retention, proposed project encourages and is statutory and regulatory requirements or planning time, transparency for responsive to the involvement of policies, procedures, and practices that families); parents, educators, related service exceed IDEA Part B statutory and (b) Demonstrate, in the narrative providers, teachers, principals and regulatory requirements and were portion of the application under administrators. considered for revision; ‘‘Significance’’ how the proposed (ii) Describes the range of options planning project will— Final Priority available to the State in reducing (1) Develop a plan to reduce Priority 1: The Individuals With administrative burdens, including any administrative burdens and produce Disabilities Education Act (IDEA) limitations on those options (e.g., meaningful and sustained change at the Paperwork Reduction Planning and statutory or regulatory requirements, State or local level; and Implementation Program—Planning judicial precedent); (2) Develop proposals for changes to, Grants (iii) Establishes clear and achievable or waivers of, specific requirements, timelines for reducing administrative policies, procedures, or practices that The Department seeks to make awards burdens; will reduce administrative burdens in to State educational agencies (SEAs) to (iv) Identifies the anticipated benefits order to increase the time and resources assist them in identifying excessive of any potential reforms, including available for instruction and other paperwork and noninstructional time likely beneficiaries, and the magnitude activities aimed at improving burdens on special education teachers, and scope of anticipated benefits, such educational and functional results for related services providers, and State and as reductions in administrative burden children with disabilities; local administrators that do not assist in hours and potential increases in the (c) Demonstrate, in the narrative improving educational and functional time and resources available for section of the application under results for children with disabilities instruction and other activities intended ‘‘Quality of the project design,’’ how the (hereafter in the priority, to improve educational and functional proposed project will— ‘‘administrative burdens’’) and results for children with disabilities; (1) Meet the consultation developing comprehensive plans to (v) Identifies any Federal IDEA Part B requirements in paragraph (a) of the reduce them. These activities include statutory or regulatory requirements for programmatic requirements of this conducting a comprehensive review of which a waiver may be sought under priority, including, but not limited to, a local, State, and Federal IDEA Part B section 609 of IDEA, consistent with the proposed timeline for the consultation requirements that lead to administrative requirements established in the Final process, including a description of the burdens, as well as, at the discretion of Requirements—The IDEA Paperwork methods of consultation (e.g., in-person the State, preparing IDEA Paperwork Reduction Waivers; and meetings, conference calls, emails); Reduction Waivers for submission to the (vi) Describes the procedures the State (2) Identify local, State, or Federal Department. will use to ensure that any waiver that IDEA Part B requirements, policies, Planning projects funded by the may be sought in accordance with procedures, or practices that may Department must achieve, at a section 609 of IDEA will not— generate administrative burdens and minimum, the following expected (A) Waive any statutory requirements may be reviewed by the project, outcomes— of, or regulatory requirements relating including any proposed criteria for that • Identification of the particular to, applicable civil rights requirements review (e.g., frequency, complexity, sources and effects of administrative or procedural safeguards under section number of staff affected, number of burdens on special education and other 615 of IDEA; or families affected); teachers, related services providers, and (B) Affect the right of a child with a (3) Assess the extent to which specific State and local administrators under disability to receive FAPE under IDEA sources of administrative burdens may IDEA Part B; and Part B. affect educational and functional results • A plan to reduce these To be considered for funding under for children with disabilities; and administrative burdens. this priority, applicants must also meet (4) Produce and make publicly Under this priority, applicants must the following application requirements. available a plan that meets the propose projects that meet the following Each applicant must— requirements in paragraph (b) under the programmatic requirements: (a) Demonstrate, in the narrative programmatic requirements of this (a) The project must meaningfully portion of the application under ‘‘Need priority and providing an opportunity consult a diverse group of stakeholders for the project,’’ how the proposed for stakeholders enumerated in on an ongoing basis to support the goals project will identify administrative paragraph (a) of the programmatic and objectives of the project. Such a burdens. To meet this requirement, the requirements of this priority to group must include, at a minimum, applicant must describe what it believes comment on the plan; and representatives of the following groups: to be— (d) Demonstrate, in the narrative (i) Special education teachers and (1) The approximate current section of the application under related services providers. magnitude and scope of the ‘‘Quality of the management plan,’’ (ii) Local special education administrative burdens to be addressed; how— administrators. (2) The approximate current number (1) The proposed management plan (iii) Individuals with disabilities. of special education teachers, related will ensure that the project’s intended (iv) Parents of children with services providers, and State and local outcomes will be achieved on time and disabilities, as defined in IDEA section administrators affected by those burdens within budget. To address this 602(23), including representation of and the number of children with requirement, the applicant must Parent Training and Information Centers disabilities that they serve; and describe— (PTIs) and (if applicable) Community (3) The approximate current costs and (i) Clearly defined responsibilities for Parent Resource Centers (CPRCs). benefits of those burdens on special key project personnel, consultants, and (v) The State Advisory Panel. education teachers, related services subcontractors, as applicable; and

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(ii) Timelines and milestones for (2) Support the training of all affected and include information regarding accomplishing the project tasks, staff regarding changes in processes, reliability and validity of measures including the publication of the final practices, and procedures necessary to where appropriate; plan on the State’s website within three reduce administrative burdens, (3) Describe strategies for analyzing months of the close of the project including a description of the project’s data and how data collected as part of period; intended means of providing this this plan will be used to inform and (2) Key project personnel and any training; improve service delivery over the course consultants and subcontractors will be (b) Demonstrate, in the narrative of the project and to refine the proposed allocated and how these allocations are section of the application under implementation project and evaluation appropriate and adequate to achieve the ‘‘Quality of the management plan,’’ plan, including subsequent data project’s intended outcomes; and how— collection; (3) The proposed project will benefit (1) The proposed management plan (4) Provide a timeline for conducting from a diversity of perspectives, will ensure that the project’s intended the evaluation and include staff including those of families, educators, outcomes will be achieved on time and assignments for completing the TA providers, researchers, and within budget. To address this evaluation; and policymakers, among others, in its requirement, the applicant must (5) Dedicate sufficient funds in each development and operation. describe— budget year to cover the costs of (i) Clearly defined responsibilities for Priority 2: The Individuals With developing, refining, and implementing key project personnel, consultants, and the evaluation plan. Disabilities Education Act (IDEA) subcontractors, as applicable; and Paperwork Reduction Planning and (ii) Timelines and milestones for Types of Priorities Implementation Program— accomplishing the project tasks; Implementation Grants When inviting applications for a (2) Key project personnel and any competition using one or more Implementation grants provide funds consultants and subcontractors will be priorities, we designate the type of each for States to implement comprehensive allocated and how these allocations are priority as absolute, competitive plans to reduce administrative burdens appropriate and adequate to achieve the preference, or invitational through a submitted by the State and approved by project’s intended outcomes; and notice in the Federal Register. The the Secretary under section 609 of IDEA. (3) The proposed project will benefit effect of each type of priority follows: This includes costs associated with from a diversity of perspectives, Absolute priority: Under an absolute developing products or materials that including those of families, educators, priority, we consider only applications are part of comprehensive plans, such as TA providers, researchers, and that meet the priority (34 CFR creating information technology systems policymakers, among others, in its 75.105(c)(3)). to automate paperwork, or creating new, development and operation; and Competitive preference priority: (c) Include, in the narrative section of streamlined paperwork to replace more Under a competitive preference priority, the application under ‘‘Quality of the time-consuming paperwork. we give competitive preference to an project evaluation,’’ an evaluation plan To be considered for funding under application by (1) awarding additional for the implementation project. The this priority, an applicant must meet the points, depending on the extent to 2 evaluation plan must— following application requirements. which the application meets the priority (1) Articulate formative and Each applicant must— (34 CFR 75.105(c)(2)(i)); or (2) selecting summative evaluation questions for (a) Demonstrate, in the narrative an application that meets the priority evaluating important processes and section of the application under over an application of comparable merit outcomes, including whether, and how ‘‘Quality of the project design,’’ how the that does not meet the priority (34 CFR effectively, the waiver— proposed project will— 75.105(c)(2)(ii)). (1) Disseminate information about (i) Reduces paperwork burden on Invitational priority: Under an changes in processes, practices, and teachers, principals, administrators, and invitational priority, we are particularly procedures necessary to reduce related services providers; interested in applications that meet the administrative burdens to all special (ii) Reduces non-instructional time priority. However, we do not give an education teachers, related services spent by teachers in complying with application that meets the priority a providers, and State and local IDEA Part B; preference over other applications (34 administrators affected by the State’s (iii) Enhances longer-term educational CFR 75.105(c)(1)). waiver under section 609 of IDEA planning; Final Requirements: The Department (hereafter ‘‘affected staff’’), including— (iv) Improves positive outcomes, (i) The modes of communication the including educational and functional establishes the following requirements project will use; results, for children with disabilities; for these priorities. We may apply one (ii) The frequency of communication; (v) Promotes collaboration between or more of these requirements in any and individualized education program (IEP) year in which the program is in effect. (iii) The content of such Team members, including the parents of Funding Eligibility Requirements: communications; the child; and (a) In order to receive funding for an (vi) Ensures satisfaction of family implementation grant an applicant must 2 For any State that receives a waiver of Federal members of children with disabilities already have a waiver under section 609 IDEA Part B requirements, the Secretary will and teachers, principals, administrators, of IDEA approved by the Secretary. terminate the waiver if the Secretary determines and related service providers; (b) For an applicant that receives a that the State failed to appropriately implement its grant under Priority 1— waiver, or the Secretary determines the State needs (2) Describe how progress in, and assistance in implementing IDEA requirements and fidelity of, implementation, as well as (1) That does not submit a waiver the waiver has contributed to or caused such need project outcomes, will be measured to proposal to the Secretary under section for assistance. The Secretary will also terminate the answer the evaluation questions; specify 609 of IDEA within 12 months of the waiver if the Secretary determines the State needs start of the project period, the grant will intervention in implementing IDEA requirements, the measures and associated or needs substantial intervention in implementing instruments or sources for data end after 12 months without IDEA requirements. appropriate to the evaluation questions; opportunity for extension;

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(2) That submits a waiver proposal to (1) The Secretary considers the ‘‘significant regulatory action’’ as an the Secretary under section 609 of IDEA quality of the design of the proposed action likely to result in a rule that within 12 months of the start of the project. may— project period, the project period will, if (2) In determining the quality of the (1) Have an annual effect on the applicable, be automatically extended design of the proposed project, the economy of $100 million or more, or for a period, not to exceed six months, Secretary considers the following adversely affect a sector of the economy, during which the Secretary will factors: productivity, competition, jobs, the consider the proposal. (i) The extent to which the design of environment, public health or safety, or (i) While a State’s waiver proposal is the proposed project will successfully State, local, or Tribal governments or under review, grantees may continue to reduce administrative burdens and communities in a material way (also access available remaining funds to increase the time and resources referred to as an ‘‘economically conduct one or more of the following available for instruction and other significant’’ rule); planning grant activities: activities aimed at improving (2) Create serious inconsistency or (A) Responding to possible questions educational and functional results for otherwise interfere with an action taken from the Department regarding the children with disabilities. or planned by another agency; State’s proposal to obtain a waiver (ii) The extent to which the proposed (3) Materially alter the budgetary under section 609 of IDEA and the IDEA project encourages and is responsive to impacts of entitlement grants, user fees, Paperwork Reduction Waivers. the involvement of parents, educators, or loan programs or the rights and related service providers, teachers, (B) Continuing to develop, or obligations of recipients thereof; or principals and administrators. implement, planned activities to reduce (4) Raise novel legal or policy issues (iii) The extent to which the goals, administrative burdens. arising out of legal mandates, the objectives, and outcomes to be achieved (ii) If the Secretary approves the President’s priorities, or the principles by the proposed project are clearly stated in the Executive order. State’s IDEA paperwork reduction specified and measurable. waiver under section 609 of IDEA and This final regulatory action is not a (iv) The extent to which the design for significant regulatory action subject to (A) and The grantee received a grant implementing and evaluating the under Priorities 1 2, the grantee may use review by OMB under section 3(f) of proposed project will result in Executive Order 12866. remaining funds and additional funding information to guide possible obligated by the Department under this Under Executive Order 13771, for replication of project activities or each new rule that the Department program to carry out activities under strategies, including information about Priority 2. proposes for notice and comment or the effectiveness of the approach or otherwise promulgates that is a (B) The grantee only received a grant strategies employed by the project. significant regulatory action under under Priority 1, the grantee may (c) Quality of the management plan. Executive Order 12866, and that continue to access available remaining (1) The Secretary considers the imposes total costs greater than zero, it funds to ensure continuity of the project quality of the management plan for the must identify two deregulatory actions. while applying for an implementation proposed project. For Fiscal Year 2020, any new award under Priority 2. The project (2) In determining the quality of the incremental costs associated with a new period for the grant under Priority 2 management plan for the proposed regulation must be fully offset by the must end no later than 45 days after an project, the Secretary considers how the elimination of existing costs through award is made under Priority 2 without applicant will ensure that a diversity of deregulatory actions. Because the final opportunity for extension. perspectives is brought to bear in the regulatory action is not significant, the (iii) If the Secretary denies the State operation of the proposed project, requirements of Executive Order 13771 an IDEA paperwork reduction waiver including those of parents, teachers, do not apply. under section 609 of IDEA, the project related services providers, school We have also reviewed this final period will end no more than 30 days administrators, and others, as regulatory action under Executive Order after the State’s receipt of the Secretary’s appropriate. 13563, which supplements and decision, without opportunity for This document does not preclude us explicitly reaffirms the principles, extension. from proposing additional priorities, requirements, definitions or selection structures, and definitions governing Final Selection Criteria: regulatory review established in The Department establishes the criteria, subject to meeting applicable rulemaking requirements. Executive Order 12866. To the extent following selection criteria for permitted by law, Executive Order evaluating applications under this Note: This notice does not solicit 13563 requires that an agency— program. We may apply one or more of applications. In any year in which we choose (1) Propose or adopt regulations only to use these priorities, requirements, and these criteria in any year in which this upon a reasoned determination that program is in effect. selection criteria, we invite applications through a notice in the Federal Register. their benefits justify their costs (a) Significance. (recognizing that some benefits and (1) The Secretary considers the Executive Orders 12866, 13563, and costs are difficult to quantify); significance of the proposed project. 13771 (2) Tailor its regulations to impose the (2) In determining the significance of least burden on society, consistent with the proposed project, the Secretary Regulatory Impact Analysis obtaining regulatory objectives and considers the likelihood that the Under Executive Order 12866, the taking into account—among other things proposed project will reduce Office of Management and Budget and to the extent practicable—the costs administrative burdens and increase the (OMB) determines whether this of cumulative regulations; time and resources available for regulatory action is ‘‘significant’’ and, (3) In choosing among alternative instruction and other activities aimed at therefore, subject to the requirements of regulatory approaches, select those improving educational and functional the Executive order and subject to approaches that maximize net benefits results for children with disabilities. review by OMB. Section 3(f) of (including potential economic, (b) Quality of the project design. Executive Order 12866 defines a environmental, public health and safety,

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and other advantages; distributive outweigh the costs incurred by likely to be achieved by receiving an impacts; and equity); applicants, and the costs of carrying out IDEA Paperwork Reduction Planning (4) To the extent feasible, specify activities associated with the and Implementation Program grant. An performance objectives, rather than the application will be paid for with eligible entity will most likely apply behavior or manner of compliance a program funds. For these reasons, we only if it determines that the likely regulated entity must adopt; and have determined that the costs of benefits exceed the costs of preparing an (5) Identify and assess available implementation will not be excessively application. alternatives to direct regulation, burdensome for eligible applicants. including economic incentives—such as We believe that these final priorities, user fees or marketable permits—to Regulatory Alternatives Considered requirements and selection criteria will encourage the desired behavior, or The Department believes that these not impose any additional burden on a provide information that enables the final priorities, requirements and small entity applying for a grant than public to make choices. selection criteria are needed to the entity would face in the absence of Executive Order 13563 also requires administer the program effectively. the final action. That is, the length of an agency ‘‘to use the best available the applications those entities would Paperwork Reduction Act of 1995 techniques to quantify anticipated submit in the absence of the final present and future benefits and costs as These final priorities, requirements regulatory action and the time needed to accurately as possible.’’ The Office of and selection criteria contain collection prepare an application will likely be the Information and Regulatory Affairs of requirements that are approved by OMB same. under OMB control number 1820–0028; OMB has emphasized that these This final regulatory action will not the final priorities, requirements and techniques may include ‘‘identifying have a significant economic impact on selection criteria do not affect the changing future compliance costs that a small entity once it receives a grant currently approved data collection. might result from technological because it would be able to meet the innovation or anticipated behavioral Regulatory Flexibility Act Certification: The Secretary certifies that costs of compliance using the funds changes.’’ provided under this program. We are issuing these final priorities, this final regulatory action would not requirements and selection criteria only have a significant economic impact on Intergovernmental Review: This on a reasoned determination that their a substantial number of small entities. program is subject to Executive Order benefits justify their costs. In choosing The U.S. Small Business Administration 12372 and the regulations in 34 CFR among alternative regulatory (SBA) Size Standards define proprietary part 79. One of the objectives of the approaches, we selected those institutions as small businesses if they Executive order is to foster an approaches that maximize net benefits. are independently owned and operated, intergovernmental partnership and a Based on the analysis that follows, the are not dominant in their field of strengthened federalism. The Executive Department believes that this regulatory operation, and have total annual order relies on processes developed by action is consistent with the principles revenue below $7,000,000. Nonprofit State and local governments for in Executive Order 13563. institutions are defined as small entities coordination and review of proposed We also have determined that this if they are independently owned and Federal financial assistance. operated and not dominant in their field regulatory action does not unduly This document provides early of operation. Public institutions are interfere with State, local, and Tribal notification of our specific plans and defined as small organizations if they governments in the exercise of their actions for this program. governmental functions. are operated by a government In accordance with these Executive overseeing a population below 50,000. Accessible Format: Individuals with orders, the Department has assessed the The small entities that this final disabilities can obtain this document in potential costs and benefits, both regulatory action will affect are SEAs. an accessible format (e.g., braille, large quantitative and qualitative, of this We believe that the costs imposed on an print, audiotape, or compact disc) on regulatory action. The potential costs applicant by these final priorities, request to the program contact person are those resulting from statutory requirements and selection criteria will listed under FOR FURTHER INFORMATION requirements and those we have be limited to paperwork burden related CONTACT. determined as necessary for to preparing an application and that the Electronic Access to This Document: administering the Department’s benefits of these final priorities, The official version of this document is programs and activities. requirements and selection criteria will the document published in the Federal outweigh any costs incurred by the Register. You may access the official Discussion of Potential Costs and applicant. edition of the Federal Register and the Benefits Participation in the IDEA Paperwork The Department believes that the Reduction Planning and Code of Federal Regulations at costs associated with this final priority Implementation Program is voluntary. www.govinfo.gov. At this site you can and requirements will be minimal, For this reason, these final priorities, view this document, as well as all other while the benefits are significant. The requirements and selection criteria will documents of this Department Department believes that this regulatory impose no burden on small entities published in the Federal Register, in action does not impose significant costs unless they applied for funding under text or Portable Document Format on eligible entities. Participation in this the program. We expect that in (PDF). To use PDF you must have program is voluntary, federal funds to determining whether to apply for Adobe Acrobat Reader, which is support project activities are provided Technical Assistance and Dissemination available free at the site. to successful applicants, and the costs to Improve Services and Results for You may also access documents of the imposed on applicants by this Children with Disabilities program Department published in the Federal regulatory action will be limited to funds, an eligible entity will evaluate Register by using the article search paperwork burden related to preparing the requirements of preparing an feature at www.federalregister.gov. an application. The benefits of application and any associated costs, Specifically, through the advanced implementing the program will and weigh them against the benefits search feature at this site, you can limit

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your search to documents published by services to individuals with disabilities; Analysis of Comments and Changes: the Department. (b) new and improved methods of An analysis of the comments and of any training rehabilitation personnel so that changes in the priorities from the NPP Mark Schultz, there may be a more effective delivery follows. Commissioner, Rehabilitation Services of rehabilitation services to individuals Priority 1—Innovative Rehabilitation Administration. Delegated the authority to with disabilities by designated State perform the functions and duties of the Training Project, Client Assistance rehabilitation agencies and designated Assistant Secretary for the Office of Special Program Education and Rehabilitative Services. State rehabilitation units or other public Comment: Some commenters [FR Doc. 2020–17213 Filed 8–4–20; 11:15 am] or non-profit rehabilitation service agencies or organizations; and (c) new expressed concern that the proposed BILLING CODE 4000–01–P innovative training programs for VR priority would merge CAP training with professionals and paraprofessionals to academic programs for VR counselors and, thus, fail to meet the training needs DEPARTMENT OF EDUCATION have a 21st-century understanding of the evolving labor force and the needs of CAP professionals, whose knowledge, 34 CFR Chapter III of individuals with disabilities so they competencies, and goals are can more effectively provide VR substantially different from those of VR [Docket ID ED–2019–OSERS–0163] services to individuals with disabilities. counselors. These commenters’ concern Program Authority: 29 U.S.C. 709(c) is based on a statement in the NPP that Final Priorities—Rehabilitation and 772. indicated that the project must develop Training: Innovative Rehabilitation Applicable Program Regulations: 34 a new or substantially improved Training Program CFR parts 385 and 387. training program, including stand-alone AGENCY: Office of Special Education and We published a notice of proposed modules to be incorporated into an Rehabilitative Services (OSERS), priorities (NPP) for this competition in existing academic degree program for Department of Education. the Federal Register on April 27, 2020 educating VR counselors or other VR (85 FR 23266). The NPP contained ACTION: Final priorities. professionals and paraprofessionals. background information and our reasons Discussion: The Department agrees SUMMARY: The Department of Education for proposing the particular priorities. that the CAP professionals’ (Department) announces priorities There are some differences between competencies and goals are under the Innovative Rehabilitation Priority 1 in the NPP and the final substantially different from those of VR Training program, Catalog of Federal Priority 1 adopted here, as discussed in counselors and that a combined Domestic Assistance (CFDA) number the Analysis of Comments and Changes academic program for both VR and CAP 84.263D/E/F. The Department may use section of this document. The professionals would not meet the one or more of these priorities for differences between the proposed and training needs of CAP professionals. competitions in fiscal year (FY) 2020 final Priority 2 and Priority 3 are minor This priority was not intended to create and later years. We take this action to editorial and technical corrections. We a merged academic program for both focus Federal financial assistance on an are not establishing Proposed Priority 4 CAP and VR personnel. The CAP identified national need to improve the as a final priority through this training program will continue to be a knowledge and skills of vocational regulatory action. Proposed Priority 4 program geared to the professional rehabilitation (VR) personnel in was also proposed for Department-wide needs and the required knowledge, providing VR services to individuals use in the Secretary’s Administrative skills, and competencies of CAP with disabilities and improve the Client Priorities for Discretionary Grant professionals. The established, stand- Assistance Program (CAP) personnel in Programs published in the Federal alone modules referenced in this advising, informing, and advocating on Register on November 29, 2019 (84 FR document do not represent the entire behalf of VR participants and applicants 65734). In order to ensure that the CAP training program. The training with disabilities. priority would be available for this program includes ad hoc training competition, RSA proposed it in the activities and ongoing technical DATES: Effective Date: These priorities assistance, in addition to the are effective September 8, 2020. NPP for this competition as well. The Secretary’s Final Administrative established, stand-alone modules. Some, FOR FURTHER INFORMATION CONTACT: Priorities for Discretionary Grant but not all, of these stand-alone modules Cassandra P. Shoffler, U.S. Department Programs were published in the Federal may be incorporated into existing VR of Education, 400 Maryland Avenue Register on March 9, 2020 (85 FR academic degree programs, for example, SW, Room 5122, Potomac Center Plaza, 13640). Therefore, there is no need to to improve VR professionals’ and Washington, DC 20202–2800. adopt the priority again in this paraprofessionals’ understanding about Telephone: (202) 245–7827. Email: document. the CAP program and the individuals [email protected]. Public Comment: In response to our the program serves. The majority of If you use a telecommunications invitation in the NPP, 79 parties training activities are focused on the device for the deaf (TDD) or a text submitted comments on the proposed professional needs and required telephone (TTY), call the Federal Relay priorities. knowledge, skills, and competencies of Service (FRS), toll free, at 1–800–877– We group major issues according to CAP professionals. We are revising the 8339. subject. We discuss substantive issues priority to make this distinction clear. SUPPLEMENTARY INFORMATION: under each of the priorities to which Changes: The Department added Purpose of Program: The Innovative they pertain. Generally, we do not examples of innovative CAP training Rehabilitation Training program is address technical and other minor delivery methods and knowledge designed to develop (a) new types of changes, or suggested changes the law translation techniques in Priority 1. We training programs for rehabilitation does not authorize us to make. In added language to Priority 1 to: (1) personnel and to demonstrate the addition, we do not address general Incorporate multiple references to the effectiveness of these new types of comments that raise concerns not program’s focus on the training needs of training programs for rehabilitation directly related to the proposed CAP professionals as distinct from those personnel in providing rehabilitation priorities. of VR professionals; (2) specify that the

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training plan must be based on the can be incorporated into existing including consultation and technical identified training needs of CAP academic degree or short-term VR assistance on the options for applying professionals to effectively carry out the training programs. All training options existing law, regulations, and RSA- Client Assistance Program will be subject to periodic review and issued guidance to specific factual responsibilities under section 112 of the updates. In addition, the Department circumstances that arise in the course of Rehabilitation Act of 1973, as amended added examples of innovative CAP CAP professionals’ individual or by the Workforce Innovation and training delivery methods and systems advocacy efforts. Opportunity Act (WIOA) (Rehabilitation knowledge translation techniques in Comment: Some commenters Act); and (3) provide context that the Priority 1. expressed concern that the proposed purpose of any stand-alone modules Comment: Some commenters priorities did not address CAP incorporated into VR academic degree expressed concern that the proposed professionals’ need for training on or short-term training programs is to priority did not adequately reflect the essential supporting skills, including promote greater understanding among CAP program requirements under advocacy and fiscal management. VR professionals and paraprofessionals section 112 of the Rehabilitation Act, Discussion: The Department agrees and individuals studying to become VR including those related to individual that strong advocacy and fiscal professionals and paraprofessionals and systems advocacy; the Americans management skills are essential for CAP about the CAP program and the with Disabilities Act of 1990; and professionals to effectively fulfill their individuals that it serves. coordination of CAP training and responsibilities under the Rehabilitation Comment: Some commenters technical assistance activities with those Act. expressed concern that the proposed for the Protection and Advocacy of Changes: We have added language to priority would fail to meet CAP Individual Rights (PAIR) program. topic area one of final Priority 1 to professionals’ training needs, because of Discussion: The Department agrees incorporate the following topics among its apparent focus on a fixed, academic that CAP responsibilities under the the five required training subject areas: Rehabilitation Act are at the heart of the curriculum rather than on a flexible (1) Program and fiscal management CAP training program. The need for training program that adapts to changing training to promote the cost-effective continued training based on the CAP circumstances and emerging challenges use of Federal and non-Federal responsibilities under the Rehabilitation in the field, as reported by the CAP resources and (2) leadership, Act was implicit in the proposed professionals themselves. These relationship-building, outreach, and priority. It is appropriate to emphasize commenters’ concern is based on the individual and systems advocacy skills this basis for the CAP training in the statement in the NPP that the training to promote effective interaction by CAP final priority. program or modules must be developed professionals with VR clients and by the end of the first year of the project Changes: We added language to topic applicants, State VR agencies, State period and piloted, refined, area one of Priority 1 to establish as key Rehabilitation Councils, and other implemented, evaluated, and focal points of CAP training the stakeholders. disseminated in years two, three, four, following items: (1) CAP professionals’ Comment: None. and five of the performance period. knowledge, skills, and competencies Implicit in the commenters’ comments regarding CAP program responsibilities Discussion: In the background section about a combined program for VR and under section 112 of the Rehabilitation of Priority 1, the NPP included CAP professionals is the concern that Act and the VR service provision examples of the expanded opportunities the Department has not clearly enough requirements in the Rehabilitation Act, for employment and career delineated the CAP priority. particularly in support of the advancement under WIOA that are to be Discussion: The Department agrees implementation of key provisions of addressed in the CAP Innovative that the CAP training activities and WIOA; and (2) training and technical Rehabilitation Training program. The materials must be responsive to assistance activities, which must be Department considers it helpful to changing circumstances and emerging coordinated with the entity providing include these examples in the text of the challenges in the field. Conversely, CAP training and technical assistance to the final priority itself, so that they will be training also encompasses subjects PAIR program, consistent with section easily referenced by applicants. ranging from fiscal management to 509 of the Rehabilitation Act. Changes: The Department added to compliance with the Rehabilitation Act, Comment: Some commenters Priority 1 the following examples of the which are relatively stable and lend expressed concern that the proposed expanded opportunities for employment themselves to established training priorities did not address CAP and career advancement to be addressed modules. In addition, the Department professionals’ need for ongoing through the CAP Innovative acknowledges that Proposed Priority 1 technical assistance regarding legal or Rehabilitation Training program: Pre- did not clearly describe what would policy issues related to the employment transition services, work- constitute innovative training delivery Rehabilitation Act. based learning, apprenticeships, and knowledge translation methods and Discussion: The Department agrees customized employment, career techniques. Accordingly, the that ongoing technical assistance on pathways, and postsecondary Department has determined that adding legal or policy issues related to the credentials, including advanced examples could support entities Rehabilitation Act is necessary for CAP degrees. preparing applications and, in turn, professionals to apply knowledge Comment: None. strengthen the CAP Innovative Training gained through CAP training situations Discussion: Priority 1 requires a program. and circumstances that arise in their process of continuous feedback and Changes: We added language to topic States. improvement under the CAP training area one of Priority 1 to indicate that the Changes: We have added language to program. The Department is adding that CAP training program will consist of topic area one of Priority 1 to require the a process of continuous evaluation is established training modules, ad hoc CAP training program to incorporate also required and is providing examples training activities developed in response ongoing technical assistance related to in this requirement to clarify the to emerging circumstances or trends, topics addressed in the training priority’s intent, increase the quality of and stand-alone training modules that modules and ad hoc training activities, applications, and, thereby, strengthen

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the CAP Innovative Rehabilitation considered for funding under other management training to promote the Training program. priorities. effective use of Federal and non-Federal Changes: The Department clarified It should be noted that Priority 4 was resources under the Rehabilitation Act; that continuous evaluation is also also proposed on November 29, 2019, in and (e) leadership, relationship- required and provided examples the Secretary’s Administrative Priorities building, outreach, and individual and pertinent to the process of feedback, for Discretionary Grant Programs (84 FR systems advocacy skills to promote evaluation, and improvement in Priority 65734). In order to ensure that Priority effective interaction by CAP 1. 4 would be available for this professionals with VR clients and competition, RSA proposed it in the applicants, State VR agencies, State Priority 2—Innovative Rehabilitation NPP for this competition as well. The Rehabilitation Councils, and other Training Program, Assisting and Secretary’s Final Administrative stakeholders. Supporting Individuals With Priorities for Discretionary Grant The project must develop a new or Disabilities Pursuing Self-Employment, Programs were published in the Federal substantially improved training program Business Ownership, and Register on March 9, 2020 (85 FR meeting the professional needs and the Telecommuting 13640). Therefore, there is no need to required knowledge, skills, and Comment: One commenter supported adopt the priority again in this competencies of CAP professionals. The the priority topic area. document. CAP Training program will consist of Discussion: The Department Changes: As a Department-wide established, stand-alone training appreciates the comment and the priority for applications from new modules as well as ad hoc training support for the priority topic area. potential grantees has already been activities developed in response to Changes: None. established, Proposed Priority 4 is not emerging circumstances or trends. Priority 3—Innovative Rehabilitation established through this regulatory Stand-alone training modules may include selected topics that can be Training Program, Field Initiated action. incorporated into existing academic Comment: Many commenters stated Final Priorities degree or short-term VR training the importance of and need for Priority 1—Innovative Rehabilitation programs, for example, to promote vocational evaluation training programs Training Program, Client Assistance greater understanding among VR in the VR field. Program professionals and paraprofessionals Discussion: The Department agrees about the CAP program and the with the commenters that vocational A project under this priority must individuals that the program serves. evaluation training is important. In FY increase the CAP professionals’ The CAP training program will also 2019, the Department held a knowledge about all requirements encompass ongoing technical assistance competition and funded a five-year governing the CAP program and VR related to topics addressed in the award under the Innovative services under the Rehabilitation Act, training modules and ad hoc training Rehabilitation Training program with a while also increasing the capacity of activities, including consultation and topic area called ‘‘career assessments for CAP professionals to inform VR clients technical assistance on options for VR service recipients’’ to address the and applicants about the expanded applying existing law, regulations, and importance of vocational evaluation in opportunities available under the RSA-issued guidance to specific factual identifying and providing VR services. Workforce Innovation and Opportunity circumstances that arise in the course of The Department does not believe that it Act (WIOA) and provide the assistance CAP professionals’ individual or is necessary to hold a second and advocacy that the clients and systems advocacy efforts. competition in this topic area in such a applicants need. The project must Training delivery methods must short time. However, applicants under enhance CAP professionals’ knowledge, encompass: (a) State-of-the-art this field-initiated priority may propose skills, and competencies in each of the communication tools and platforms, a topic in vocational evaluation. following required subject areas: (a) including an interactive project website, Changes: None. CAP responsibilities in section 112 of distance learning and convening the Rehabilitation Act and the VR technologies, social media, and Priority 4—Applications From New service provision requirements in the searchable databases; and (b) the latest Potential Grantees Rehabilitation Act, particularly in knowledge translation methods and Comment: One commenter support of the implementation of key techniques, including engaging training recommended that the Department not provisions of WIOA; (b) expanded recipients with different learning styles. eliminate applications from institutions opportunities for quality employment The project must develop an overall of higher education that received grants under WIOA and the pertinent training plan specifying the major under this program in the past and have provisions regarding unified and components (e.g., training modules, ad the individuals with expertise and combined State plans, common hoc training activities, and ongoing experience in delivering training performance measures, and the technical assistance), informational programs. workforce development system, resources (e.g., curricula, materials, Discussion: Priority 4 is designed to including pre-employment transition searchable databases, communities of attract new applications, but does not services, work-based learning, practice), and modes of delivery (e.g., preclude applications from eligible apprenticeships, customized in-person, virtual). The training plan entities, including institutions of higher employment, career pathways, and must be based on the identified training education that received a grant under postsecondary credentials, including needs of CAP professionals to this program. Eligible applicants who advanced degrees; (c) opportunities and effectively carry out the CAP have received a grant in the past, have challenges for individuals with the most responsibilities under title IV, section an active grant in another program, or significant disabilities, students and 112 of the Rehabilitation Act. have an active discretionary grant under youth with disabilities, and traditionally The training modules must be this program, including through underserved populations, including developed by the end of the first year of membership in a group application, may those at the intersection of poverty and the project period and piloted, refined, still submit an application and be disability; (d) program and fiscal implemented, evaluated, and

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disseminated in years two, three, four, The training program or modules must the VR professionals and and five of the project period. The ad be developed by the end of the first year paraprofessionals throughout years two, hoc training activities and technical of the project period and piloted, three, four, and five must be included. assistance will be developed on an refined, implemented, evaluated, and This process may include evidence ongoing basis in response to disseminated in years two, three, four, collected from surveys or success stories circumstances and emerging needs. and five of the project period. A process or other forms of evidence. A process for continuous feedback, for continuous feedback, evaluation, The training must be of sufficient evaluation, and improvement to ensure and improvement to ensure the training scope, intensity, and duration for VR that the training modules, the ad hoc program or modules are responsive to professionals, paraprofessionals, and training activities, and technical the needs of the VR professionals and individuals studying to become VR assistance are responsive to the needs of paraprofessionals throughout years two, professionals and paraprofessionals to CAP professionals throughout years three, four, and five must be included. achieve increased skill, knowledge, and two, three, four, and five must be This process may include evidence competence in the topic area. included. This process may include collected from surveys or success stories Types of Priorities: surveys, success stories, and analyses of or other forms of evidence. When inviting applications for a data elements specified in the Annual The training must be of sufficient competition using one or more CAP Performance Report (RSA–227). scope, intensity, and duration for VR priorities, we designate the type of each The training and technical assistance professionals, paraprofessionals, and priority as absolute, competitive must be of sufficient scope, intensity, individuals studying to become VR preference, or invitational through a and duration for CAP professionals to professionals and paraprofessionals to notice in the Federal Register. The achieve increased skill, knowledge, and achieve increased skill, knowledge, and effect of each type of priority follows: competence in the topic areas. competence in the area of assisting and Absolute priority: Under an absolute The applicant must review and supporting individuals with disabilities priority, we consider only applications incorporate the resources developed by pursuing self-employment, business that meet the priority (34 CFR the RSA VR Technical Assistance ownership, and telecommuting. 75.105(c)(3)). Centers and Demonstration and Priority 3—Innovative Rehabilitation Competitive preference priority: Training projects, available at the Training Program, Field Initiated Under a competitive preference priority, National Clearinghouse for we give competitive preference to an A field-initiated project must clearly Rehabilitation Training Materials, and application by (1) awarding additional identify the topic to be addressed and other Federal and nongovernment points, depending on the extent to provide sufficient evidence to sources, as appropriate, in developing which the application meets the priority demonstrate the need for the innovative its training and technical assistance (34 CFR 75.105(c)(2)(i)); or (2) selecting rehabilitation training in a proposed curricula and delivery methods. an application that meets the priority new topic area or, in areas for which Training and technical assistance over an application of comparable merit there is existing training, demonstrate activities also must be coordinated with that does not meet the priority (34 CFR that the existing training is not the entity providing training and 75.105(c)(2)(ii)). technical assistance to the Protection adequately meeting the needs of VR Invitational priority: Under an and Advocacy of Individual Rights professionals, paraprofessionals, and invitational priority, we are particularly program, consistent with section 509 of individuals studying to become VR interested in applications that meet the the Rehabilitation Act. professionals and paraprofessionals. The project must develop a new or priority. However, we do not give an Priority 2—Innovative Rehabilitation substantially improved and, to the application that meets the priority a Training Program, Assisting and extent possible, evidence-based 2 preference over other applications (34 Supporting Individuals With Disabilities training program, including stand-alone CFR 75.105(c)(1)). Pursuing Self-Employment, Business modules and instructional materials to This notice does not preclude us from Ownership, and Telecommuting be incorporated into an existing proposing additional priorities, A project in the area of assisting and academic degree program for educating requirements, definitions, or selection supporting individuals with disabilities VR counselors or other VR professionals criteria, subject to meeting applicable pursuing self-employment, business and paraprofessionals, or into short- rulemaking requirements. ownership, and telecommuting must term training for VR professionals, or Note: This document does not solicit develop a new or substantially both. The training program or modules applications. In any year in which we choose improved and, to the extent possible, must be developed by the end of the to use one or more of these priorities, we evidence-based 1 training program, first year of the project period and invite applications through a notice in the including stand-alone modules and piloted, refined, implemented, Federal Register. instructional materials to be evaluated, and disseminated in years Executive Orders 12866, 13563, and incorporated into an existing academic two, three, four, and five of the project 13771 degree program for educating VR period. A process for continuous counselors or other VR professionals feedback, evaluation, and improvement Regulatory Impact Analysis and paraprofessionals or into short-term to ensure the training program or Under Executive Order 12866, the training for VR professionals, or both. modules are responsive to the needs of Secretary must determine whether this regulatory action is ‘‘significant’’ and, 1 For the purpose of this priority, ‘‘evidence- 2 For the purpose of this priority, ‘‘evidence- based’’ means the proposed project component is based’’ means the proposed project component is therefore, subject to the requirements of supported, at a minimum, by evidence that supported, at a minimum, by evidence that the Executive order and subject to demonstrates a rationale (as defined in 34 CFR demonstrates a rationale (as defined in 34 CFR review by the Office of Management and 77.1), where a key project component included in 77.1), where a key project component included in Budget (OMB). Section 3(f) of Executive the project’s logic model (as defined in 34 CFR 77.1) the project’s logic model (as defined in 34 CFR 77.1) is informed by research or evaluation findings that is informed by research or evaluation findings that Order 12866 defines a ‘‘significant suggest the project component is likely to improve suggest the project component is likely to improve regulatory action’’ as an action likely to relevant outcomes (as defined in 34 CFR 77.1). relevant outcomes (as defined in 34 CFR 77.1). result in a rule that may—

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(1) Have an annual effect on the behavior or manner of compliance a intergovernmental partnership and a economy of $100 million or more, or regulated entity must adopt; and strengthened federalism. The Executive adversely affect a sector of the economy, (5) Identify and assess available order relies on processes developed by productivity, competition, jobs, the alternatives to direct regulation, State and local governments for environment, public health or safety, or including economic incentives—such as coordination and review of Federal State, local, or Tribal governments or user fees or marketable permits—to financial assistance. communities in a material way (also encourage the desired behavior, or This document provides early referred to as an ‘‘economically provide information that enables the notification of our specific plans and significant’’ rule); public to make choices. actions for this program. (2) Create serious inconsistency or Executive Order 13563 also requires Accessible Format: Individuals with otherwise interfere with an action taken an agency ‘‘to use the best available disabilities can obtain this document in or planned by another agency; techniques to quantify anticipated an accessible format (e.g., braille, large (3) Materially alter the budgetary present and future benefits and costs as print, audiotape, or compact disc) on impacts of entitlement grants, user fees, accurately as possible.’’ The Office of request to the program contact person or loan programs or the rights and Information and Regulatory Affairs of listed under FOR FURTHER INFORMATION obligations of recipients thereof; or OMB has emphasized that these CONTACT. (4) Raise novel legal or policy issues techniques may include ‘‘identifying Electronic Access to This Document: arising out of legal mandates, the changing future compliance costs that The official version of this document is President’s priorities, or the principles might result from technological the document published in the Federal stated in the Executive order. innovation or anticipated behavioral Register. You may access the official This final regulatory action is not a changes.’’ edition of the Federal Register and the significant regulatory action subject to We are issuing these final priorities Code of Federal Regulations at review by OMB under section 3 (f) of only on a reasoned determination that www.govinfo.gov. At this site you can Executive Order 12866. their benefits would justify their costs. view this document, as well as all other Under Executive Order 13771, for In choosing among alternative documents of this Department each new rule that the Department regulatory approaches, we selected published in the Federal Register, in proposes for notice and comment or those approaches that maximize net text or Adobe Portable Document otherwise promulgates that is a benefits. Based on the analysis that Format (PDF). To use PDF you must significant regulatory action under follows, the Department believes that have Adobe Acrobat Reader, which is Executive Order 12866, and that this regulatory action is consistent with available free at the site. imposes total costs greater than zero, it the principles in Executive Order 13563. You may also access documents of the We have also determined that this must identify two deregulatory actions. Department published in the Federal regulatory action would not unduly For FY 2020, any new incremental costs Register by using the article search interfere with State, local, and Tribal associated with a new significant feature at: www.federalregister.gov. governments in the exercise of their regulatory action must be fully offset by Specifically, through the advanced governmental functions. the elimination of existing costs through search feature at this site, you can limit In accordance with these Executive deregulatory actions. Because this your search to documents published by orders, the Department has assessed the regulatory action is not significant, the the Department. requirements of Executive Order 13771 potential costs and benefits, both do not apply. quantitative and qualitative, of this Mark Schultz, We have also reviewed this regulatory regulatory action. The potential costs Commissioner, Rehabilitation Services action under Executive Order 13563, are those resulting from statutory Administration, Delegated the Authority to which supplements and explicitly requirements and those we have Perform the Functions and Duties of the reaffirms the principles, structures, and determined as necessary for Assistant Secretary for the Office of Special definitions governing regulatory review administering the Department’s Education and Rehabilitative Services. established in Executive Order 12866. programs and activities. The costs [FR Doc. 2020–16958 Filed 8–4–20; 4:15 pm] To the extent permitted by law, would include the time and effort in BILLING CODE 4000–01–P Executive Order 13563 requires that an responding to the priorities for entities agency— that choose to respond. (1) Propose or adopt regulations only In addition, we have considered the DEPARTMENT OF EDUCATION upon a reasoned determination that potential benefits of this regulatory 34 CFR Chapter III their benefits justify their costs action and have noted these benefits in (recognizing that some benefits and the background section of the NPP. The Final Waivers and Extension of the costs are difficult to quantify); benefits include supporting the work of Project Period for the National Center (2) Tailor its regulations to impose the the State VR agencies in the Client for Information and Technical Support least burden on society, consistent with Assistance Program (84.263D); assisting for Postsecondary Students With obtaining regulatory objectives and and supporting individuals with Disabilities Grant Program taking into account—among other things disabilities pursuing self-employment, and to the extent practicable—the costs business ownership, and telecommuting AGENCY: Office of Postsecondary of cumulative regulations; (84.263E); promoting field-initiated Education (OPE), Department of (3) In choosing among alternative projects related to VR (84.263F); and Education. regulatory approaches, select those tailoring the activities conducted under ACTION: Final waivers and extension of approaches that maximize net benefits the priorities to reflect the greatest project period. (including potential economic, needs in the field. environmental, public health and safety, Intergovernmental Review: This SUMMARY: The Secretary waives the and other advantages; distributive program is subject to Executive Order requirements in the Education impacts; and equity); 12372 and the regulations in 34 CFR Department General Administrative (4) To the extent feasible, specify part 79. One of the objectives of the Regulations that generally prohibit performance objectives, rather than the Executive order is to foster an project periods exceeding five years and

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project period extensions involving the In September 2015, the Department the program in FY 2015 and is obligation of additional Federal funds. made one 48-month award to the insufficient to support a new, multiyear The waivers and extension would Association on Higher Education and grant project period. We do not believe enable the project under Catalog of Disability for their project entitled the that it is the intent of Congress that the Federal Domestic Assistance (CFDA) ‘‘National Center for College Students Department run a new grant program number 84.116D to receive funding for with Disabilities.’’ competition for the one year of funding an additional period, not to exceed The Department granted the Center a appropriated by the 2020 September 25, 2021. no-cost extension in September 2019, Appropriations Act, as opposed to DATES: The waivers and extension of the extending the current project period for providing a supplement to the current project period are effective August 6, this grantee through September 25, grantee, because doing so would 2020. 2020. increase the burden on the potential On December 20, 2019, Congress applicants. Additionally, the FOR FURTHER INFORMATION CONTACT: passed the Further Consolidated comparatively nominal amount of Shedita Alston, U.S. Department of Appropriations Act, 2020 (2020 funding that was appropriated for FY Education, 400 Maryland Avenue SW, Appropriations Act), Public Law 116– 2020 would create a great hardship for Room 260–24, Washington, DC 20202. 94. As noted in the explanatory any newly funded applicant needing to Telephone: 202–453–7090. Email: statement (2020 Appropriations Act bear responsibility for both start-up and [email protected]. Explanatory Statement) submitted by operational costs, as well as other If you use a telecommunications the chairwoman of the Committee on statutory requirements. device for the deaf (TDD) or a text Appropriations for the U.S. House of Under these waivers and extension of telephone (TTY), call the Federal Relay Representatives regarding the 2020 the project period— Service (FRS), toll free, at 1–800–877– Consolidated Appropriations Act, the (1) The current grantee is authorized 8339. appropriations for the Department to receive one continuation award. included $500,000 for the operation of (2) The Department will not announce SUPPLEMENTARY INFORMATION: the Center authorized under section a new competition or make new awards Background 777(a) of the HEA. See 165 Cong. Rec. under the NCITSPSD competitive grant H11061–01, H11083 (Dec. 17, 2019). On December 16, 2014, Congress program in FY 2020. Section 4 of the 2020 Appropriations (3) During the extension period, any passed the Further Consolidated Act provides that the 2020 activities carried out must be consistent Appropriations Act, 2015 (2015 Appropriations Act Explanatory with, or be a logical extension of, the Appropriations Act), Public Law 113– Statement shall have the same effect scope, goals, and objectives of the 235. As noted in the explanatory with respect to the allocation of funds grantee’s approved application from the statement (2015 Appropriations Act as if it were a joint explanatory 2015 NCITSPSD competition. Explanatory Statement) submitted by statement of a committee of conference. (4) The grantee must also continue to the chairman of the Committee on comply with the requirements Final Waivers and Extension Appropriations for the U.S. House of established in the program regulations Representatives regarding the 2015 The Department is waiving the and the 2015 NIA. Appropriations Act, the appropriations requirements in 34 CFR 75.250, which The waivers of 34 CFR 75.250(a) and for the Department included $2,500,000 prohibit project periods exceeding five 75.261(c)(2) do not affect the for a National Center for Information years, and the requirements in 34 CFR applicability of the requirements in 34 and Technical Support for 75.261(c)(2), which limit the extension CFR 75.253 (continuation of a multiyear Postsecondary Students with of a project period if the extension project after the first budget period) to Disabilities (the Center), as authorized involves the obligation of additional the current grantee receiving a by section 777(a) of the of the Higher Federal funds. The waivers and continuation award as a result of the Education Act of 1965, as amended extension would enable the project waivers. (HEA). See 160 Cong. Rec. H9307–01, under CFDA number 84.116D to receive In addition, these waivers do not H9841 (Dec. 11, 2014). Section 4 of the funding for an additional one year exempt the current grantee from the 2015 Appropriations Act provides that period, not to exceed September 25, account-closing provisions in 31 U.S.C. the 2015 Appropriations Act 2021. 1552(a), nor do they extend the Explanatory Statement shall have the We are waiving these requirements to availability of funds previously awarded same effect with respect to the provide the necessary time and funding to the current grantee. allocation of funds as if it were a joint for the current grantee to complete explanatory statement of a committee of outstanding project activities, as Waiver of Notice and Comment conference. outlined in its 2015 grant. Completion Rulemaking and Delayed Effective Date On June 19, 2015, the Department of of these activities, including a required Under the Administrative Procedure Education (Department) published in biannual report to Congress, is Act the Federal Register (80 FR 35323) a necessary to fulfill the purpose of the Under the Administrative Procedure notice inviting applications (2015 NIA) program as outlined in the HEA. With Act (APA) (5 U.S.C. 553 et seq.) the for projects for fiscal year (FY) 2015 the awarding of a supplement, the Department generally offers interested under the National Center for Center will be able to continue to parties the opportunity to comment on Information and Technical Support for provide technical assistance and proposed regulations. However, the Postsecondary Students with information on best and promising APA provides that an agency is not Disabilities (NCITSPSD) competitive practices for students with disabilities required to conduct notice and grant program. The purpose of the as they transition to or attend comment rulemaking when the agency Center is to provide technical assistance postsecondary education. for good cause finds that notice and and information on best and promising Additionally, the $500,000 amount public comment thereon are practices for students with disabilities that was appropriated under the 2020 impracticable, unnecessary, or contrary as they transition to or attend Appropriations Act is only 20 percent of to the public interest. See 5 U.S.C. postsecondary education. the amount provided by Congress for 553(b)(B).

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As the Court found in Metzenbaum v. our specific plans and actions for this quality standard (NAAQS or standard) Federal Energy Regulatory Commission, program. and to approve an accompanying state 675 F.2d 1282, 1291 (D.C. Cir. 1982), the Accessible Format: Individuals with implementation plan (SIP) revision opportunity for notice and comment disabilities can obtain this document in containing a maintenance plan for the where there is no discretion is an accessible format (e.g., braille, large Area. EPA is taking final action to ‘‘unnecessary.’’ Id. (quoting 5 U.S.C. print, audiotape, or compact disc) on determine that the Jefferson County 553(b)(B)). The Court further stated that request to the contact person listed Area has attained the 2010 1-hour SO2 notice and comment for such a under FOR FURTHER INFORMATION NAAQS; to approve the SIP revision nondiscretionary action ‘‘might even CONTACT. containing the Commonwealth’s plan have been ‘contrary to the public Electronic Access to This Document: for maintaining attainment of the 2010 interest,’ given the expense that would The official version of this document is 1-hour SO2 standard and to incorporate have been involved in a futile gesture.’’ the document published in the Federal the maintenance plan into the SIP; and Id. See also Lake Carriers’ Ass’n v. Register. You may access the official to redesignate the Jefferson County Area E.P.A., 652 F.3d 1, 10 (D.C. Cir. 2011) edition of the Federal Register and the to attainment for the 2010 1-hour SO2 (notice and comment rulemaking Code of Federal Regulations at NAAQS. ‘‘would have served no purpose’’ where www.govinfo.gov. At this site you can agency lacked the authority to amend or view this document, as well as all other DATES: This rule is effective September reject the conditions at issue). As this documents of this Department 8, 2020. published in the Federal Register, in waiver and extension fulfills our ADDRESSES: EPA has established a understanding of congressional intent text or Portable Document Format docket for this action under Docket for the $500,000 appropriated in FY (PDF). To use PDF you must have Identification No. EPA–R04–OAR– 2020 for the NCITSPSD grant program to Adobe Acrobat Reader, which is 2020–0003. All documents in the docket available free at the site. go to the current grantee to fulfill the are listed on the www.regulations.gov You may also access documents of the program’s objectives during this fiscal website. Although listed in the index, year, the Department finds that there is Department published in the Federal some information may not be publicly similarly good cause to waive notice Register by using the article search available, i.e., Confidential Business and comment rulemaking. The goals of feature at www.federalregister.gov. Information or other information whose the NCITSPSD grant program cannot be Specifically, through the advanced disclosure is restricted by statute. met by other potential applicants with search feature at this site, you can limit Certain other material, such as the small amount of funding available your search to documents published by copyrighted material, is not placed on for the NCITSPSD program in FY 2020. the Department. the internet and will be publicly The APA also requires that a Robert L. King, available only in hard copy form. substantive rule must be published at Assistant Secretary for Postsecondary Publicly available docket materials can least 30 days before its effective date, Education. either be retrieved electronically via except as otherwise provided for good [FR Doc. 2020–17145 Filed 8–4–20; 11:15 am] www.regulations.gov or in hard copy at cause (5 U.S.C. 553(d)(3)). In addition to BILLING CODE 4000–01–P the Air Regulatory Management Section, the reasons stated above, a delayed Air Planning and Implementation effective date would be contrary to the Branch, Air and Radiation Division, public interest because it might prevent U.S. Environmental Protection Agency, the waivers and extension from taking ENVIRONMENTAL PROTECTION Region 4, 61 Forsyth Street SW, Atlanta, effect prior to the expiration of the AGENCY Georgia 30303–8960. EPA requests that current project period. Therefore, the 40 CFR Parts 52 and 81 if at all possible, you contact the person Secretary waives the delayed effective listed in the FOR FURTHER INFORMATION date provision for good cause. [EPA–R04–OAR–2020–0003; FRL–10011– 97–Region 4] CONTACT section to schedule your Regulatory Flexibility Act Certification inspection. The Regional Office’s Air Plan Approval and Designation of official hours of business are Monday The Regulatory Flexibility Act does Areas; Kentucky; Redesignation of the through Friday 8:30 a.m. to 4:30 p.m., not apply to this rulemaking because Jefferson County 2010 1-Hour Sulfur excluding Federal holidays. there is good cause to waive notice and Dioxide Nonattainment Area to comment under 5 U.S.C. 553. FOR FURTHER INFORMATION CONTACT: Attainment Madolyn Sanchez, Air Regulatory Paperwork Reduction Act of 1995 AGENCY: Environmental Protection Management Section, Air Planning and This notice of waivers and extension Agency (EPA). Implementation Branch, Air and of project period does not contain any ACTION: Final rule. Radiation Division, U.S. Environmental information collection requirements. Protection Agency, Region 4, 61 Forsyth SUMMARY: In a letter dated December 9, Street SW, Atlanta, Georgia 30303–8960. Intergovernmental Review 2019, the Commonwealth of Kentucky, Ms. Sanchez may be reached by phone This program is subject to Executive through the Kentucky Division of Air at (404) 562–9644 or via electronic mail Order 12372 and the regulations in 34 Quality (KDAQ) on behalf of the at [email protected]. CFR part 79. One of the objectives of the Louisville Metro Air Pollution Control SUPPLEMENTARY INFORMATION: Executive order is to foster an District (LMAPCD), submitted a request intergovernmental partnership and a for the Environmental Protection I. What is the background for the strengthened federalism. The Executive Agency (EPA) to redesignate the actions? order relies on processes developed by Jefferson County sulfur dioxide (SO2) State and local governments for nonattainment area (hereinafter referred On June 2, 2010, EPA revised the coordination and review of proposed to as the ‘‘Jefferson County Area’’ or primary SO2 NAAQS, establishing a Federal financial assistance. This ‘‘Area’’) to attainment for the 2010 1- new 1-hour SO2 standard of 75 parts per document provides early notification of hour SO2 primary national ambient air billion (ppb). See 75 FR 35520 (June 22,

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2010).1 Under EPA’s regulations at 40 review (NNSR) permitting program, redesignation requirements of CAA CFR part 50, the 2010 1-hour SO2 requires enforceable emission section 107(d)(3)(E). Comments on the NAAQS is met at a monitoring site limitations and other such control May 15, 2020, NPRM were due on or when the 3-year average of the annual measures, and provides for the before June 15, 2020. No comments 99th percentile of daily maximum 1- implementation of contingency were received. The details of Kentucky’s hour average concentrations is less than measures. This SIP revision was due submittal and the rationale for EPA’s or equal to 75 ppb (based on the within 18 months following the October actions are further explained in the May rounding convention in 40 CFR part 50, 4, 2013, effective date of designation 15, 2020, NPRM, including the modeled appendix T). See 40 CFR 50.17. (i.e., April 4, 2015). See CAA section attainment demonstration and quality- Ambient air quality monitoring data for 191(a). Kentucky submitted a assured, complete, and certified 2016– the 3-year period must meet a data nonattainment SIP revision to EPA on 2018 ambient air monitoring data used completeness requirement. A year meets June 23, 2017.3 to determine attainment with the 2010 data completeness requirements when On June 28, 2019 (84 FR 30920), EPA 1-hour SO2 NAAQS. Recent quality- all four quarters are complete, and a approved Kentucky’s June 23, 2017, SO2 assured, complete, and certified 2017– quarter is complete when at least 75 nonattainment SIP revision. EPA 2019 ambient air monitoring data at 15 percent of the sampling days for each determined that the nonattainment SIP ppb confirm that this area is still quarter have complete data. A sampling revision met the applicable demonstrating attainment of the 2010 1- day has complete data if 75 percent of requirements of sections 110, 172, 191, hour SO2 NAAQS. the hourly concentration values, and 192 of the CAA and nonattainment II. What are the effects of these actions? including state-flagged data affected by regulatory requirements at 40 CFR part exceptional events which have been 51 (including Kentucky’s attainment Approval of the redesignation request approved for exclusion by the modeling demonstration for the changes the legal designation of the Administrator, are reported.2 Jefferson County Area). The attainment Jefferson County Area, found at 40 CFR Upon promulgation of a new or modeling demonstration inputs 81.318, from nonattainment to revised NAAQS, the CAA requires EPA included SO2 emission limits and attainment for the 2010 1-hour SO2 to designate as nonattainment any area compliance parameters (monitoring, NAAQS. Approval of Kentucky’s that does not meet (or that contributes recordkeeping, and reporting) at Mill associated SIP revision also incorporates to ambient air quality in a nearby area Creek established in the facility’s title V a maintenance plan into the SIP for that does not meet) the NAAQS. EPA permit 145–97–TV(R3) at Plant-wide maintaining the 2010 1-hour SO2 designated the Jefferson County Area as Specific conditions S1-Standards, S2- NAAQS in the Jefferson County Area as nonattainment for the 2010 1-hour SO2 Monitoring and Record Keeping, and described in the May 15, 2020, NPRM. NAAQS, effective on October 4, 2013, S3-Reporting. EPA incorporated these The maintenance plan also establishes based on 2009–2011 complete, quality limits and parameters into the SIP as contingency measures to remedy any assured, and certified ambient air part of its final action on Kentucky’s future violations of the 2010 1-hour SO2 quality data. See 78 FR 47191 (August nonattainment SIP revision, thus NAAQS and procedures for evaluation 5, 2013). Under the CAA, nonattainment making them permanent and of potential violations. areas must attain the NAAQS as enforceable controls. EPA is finalizing the redesignation of expeditiously as practicable but not On December 9, 2019, Kentucky the Jefferson County Area to attainment later than five years after the October 4, submitted a request to EPA for for the 2010 1-hour SO2 NAAQS and 2013, effective date of the designation. redesignation of the Jefferson County finalizing the approval of the CAA See CAA section 192(a). Therefore, the Area to attainment for the 2010 1-hour section 175A maintenance plan for the Jefferson County Area’s applicable SO2 NAAQS and a related SIP revision 2010 1-hour SO2 NAAQS. The Area is attainment date was no later than containing a maintenance plan for the required to implement the CAA section October 4, 2018. Area. In a notice of proposed 175A maintenance plan for the 2010 1- EPA’s 2010 SO2 nonattainment rulemaking (NPRM) published on May hour SO2 NAAQS that is being designation for the Area triggered an 15, 2020 (85 FR 29381), EPA proposed approved in this action and the obligation for Kentucky to develop a to determine that the Area attained the prevention of significant deterioration nonattainment SIP revision addressing 2010 1-hour SO2 NAAQS; to approve program for the 2010 1-hour SO2 certain requirements under title I, part the maintenance plan for the Area as NAAQS. The approved maintenance D, subpart 1 (hereinafter ‘‘Subpart 1’’), meeting the maintenance plan plan can only be revised if the revision and to submit that SIP revision to EPA requirements of CAA section 175A and meets the requirements of CAA section in accordance with the deadlines in title to incorporate it into the SIP; and to 110(l) and, if applicable, CAA section I, part D, subpart 5 (hereinafter ‘‘Subpart approve Kentucky’s request for 193. 5’’). Subpart 1 contains the general redesignation of the Area from requirements for nonattainment areas nonattainment to attainment for the III. Final Actions for criteria pollutants, including 2010 1-hour SO2 NAAQS as meeting the EPA is taking final actions regarding requirements to develop a SIP that Kentucky’s request to redesignate the provides for the implementation of 3 EPA published a notice on March 18, 2016 (81 Jefferson County Area to attainment for reasonably available control measures, FR 14736), announcing its finding that Kentucky the 2010 1-hour SO2 NAAQS and requires reasonable further progress, (and other pertinent states) had failed to submit the associated SIP revision. EPA is required SO2 nonattainment plan by the submittal includes base-year and attainment-year deadline. The finding initiated a deadline under determining that the Jefferson County emissions inventories, includes a SIP- CAA section 179(a) for the potential imposition of Area has attained the 2010 1-hour SO2 approved nonattainment new source NNSR offset and highway funding sanctions. NAAQS. EPA is also approving the SIP However, pursuant to Kentucky’s submittal of June 23, 2017 (received by EPA on July 6, 2017), and revision containing the 1 On February 25, 2019, EPA retained the existing EPA’s subsequent letter dated October 10, 2017, to Commonwealth’s plan for maintaining 2010 primary NAAQS for SO of 75 ppb based on 2 Kentucky finding the submittal to be complete and attainment of the 2010 1-hour SO2 the 3-year average of the 99th percentile of the noting the termination of these sanctions deadlines, standard and incorporating the annual distribution of 1-hour daily maximum the sanctions under section 179(a) were not and concentrations. See 84 FR 9866. will not be imposed as a result of Kentucky having maintenance plan into the SIP. Finally, 2 See 40 CFR part 50, appendix T, section 3(b). missed the April 4, 2015, submittal deadline. EPA is approving Kentucky’s

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redesignation request and redesignating under the Regulatory Flexibility Act (5 This action is not a ‘‘major rule’’ as the Jefferson County Area to attainment U.S.C. 601 et seq.); defined by 5 U.S.C. 804(2). for the 2010 1-hour SO2 NAAQS. As • Do not contain any unfunded Under section 307(b)(1) of the CAA, mentioned above, approval of the mandate or significantly or uniquely petitions for judicial review of this redesignation request changes the affect small governments, as described action must be filed in the United States official designation of the Jefferson in the Unfunded Mandates Reform Act Court of Appeals for the appropriate County Area from nonattainment to of 1995 (Pub. L. 104–4); circuit by October 5, 2020. Filing a attainment, as found in 40 CFR part 81. • Do not have Federalism petition for reconsideration by the implications as specified in Executive Administrator of this final rule does not IV. Statutory and Executive Order Order 13132 (64 FR 43255, August 10, affect the finality of this action for the Reviews 1999); purposes of judicial review nor does it Under the CAA, redesignation of an • Are not economically significant extend the time within which a petition area to attainment and the regulatory actions based on health or for judicial review may be filed and accompanying approval of a safety risks subject to Executive Order shall not postpone the effectiveness of maintenance plan under section 13045 (62 FR 19885, April 23, 1997); such rule or action. This action may not 107(d)(3)(E) are actions that affect the • Are not significant regulatory be challenged later in proceedings to status of a geographical area and do not actions subject to Executive Order enforce its requirements. See section impose any additional regulatory 13211 (66 FR 28355, May 22, 2001); 307(b)(2). requirements on sources beyond those • Are not subject to requirements of imposed by state law. A redesignation to Section 12(d) of the National List of Subjects attainment does not in and of itself Technology Transfer and Advancement 40 CFR Part 52 create any new requirements, but rather Act of 1995 (15 U.S.C. 272 note) because results in the applicability of application of those requirements would Environmental protection, Air requirements contained in the CAA for be inconsistent with the CAA; and pollution control, Incorporation by areas that have been redesignated to • Will not have disproportionate reference, Intergovernmental relations, attainment. Moreover, the Administrator human health or environmental effects Sulfur dioxide, Reporting and is required to approve a SIP submission under Executive Order 12898 (59 FR recordkeeping requirements. that complies with the provisions of the 7629, February 16, 1994). 40 CFR Part 81 Act and applicable Federal regulations. These actions are not approved to Environmental protection, Air See 42 U.S.C. 7410(k); 40 CFR 52.02(a). apply on any Indian reservation land or pollution control. Thus, in reviewing SIP submissions, in any other area where EPA or an EPA’s role is to approve state choices, Indian tribe has demonstrated that a Dated: July 13, 2020. provided that they meet the criteria of tribe has jurisdiction. In those areas of Mary Walker, the CAA. Accordingly, these actions Indian country, the rule does not have Regional Administrator, Region 4. tribal implications as specified by merely approve state law as meeting Therefore, for the reasons stated in the Federal requirements and do not impose Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose preamble, EPA amends 40 CFR parts 52 additional requirements beyond those and 81 as follows: imposed by state law. For these reasons, substantial direct costs on tribal these actions: governments or preempt tribal law. PART 52—APPROVAL AND • Are not significant regulatory The Congressional Review Act, 5 PROMULGATION OF actions subject to review by the Office U.S.C. 801 et seq., as added by the Small IMPLEMENTATION PLANS of Management and Budget under Business Regulatory Enforcement Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides ■ 1. The authority citation for part 52 October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the continues to read as follows: agency promulgating the rule must January 21, 2011); Authority: 42 U.S.C. 7401 et seq. • Are not Executive Order 13771 (82 submit a rule report, which includes a FR 9339, February 2, 2017) regulatory copy of the rule, to each House of the Subpart S—Kentucky actions because these actions are not Congress and to the Comptroller General significant regulatory actions under of the United States. EPA will submit a ■ 2. In § 52.920 amend the table in Executive Order 12866; report containing this action and other paragraph (e) by adding an entry for • Do not impose information required information to the U.S. Senate, ‘‘2010 1-hour SO2 Maintenance Plan for collection burdens under the provisions the U.S. House of Representatives, and the Jefferson County Area’’ at the end of of the Paperwork Reduction Act (44 the Comptroller General of the United the table to read as follows: U.S.C. 3501 et seq.); States prior to publication of the rule in • Are certified as not having a the Federal Register. A major rule § 52.920 Identification of plan. significant economic impact on a cannot take effect until 60 days after it * * * * * substantial number of small entities is published in the Federal Register. (e) * * *

EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

State submittal Name of non-regulatory SIP provision Applicable geographic or date/effective EPA approval date Explanations nonattainment area date

******* 2010 1-hour SO2 Maintenance Plan for the Jeffer- Jefferson County ...... 12/9/2019 8/6/2020, [Insert citation son County Area. of publication].

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PART 81–DESIGNATION OF AREAS Authority: 42 U.S.C. 7401 et seq. for ‘‘Jefferson County, KY’’ to read as follows: FOR AIR QUALITY PLANNING ■ PURPOSES 4. In § 81.318, amend the table entitled ‘‘Kentucky-2010 Sulfur Dioxide § 81.318 Kentucky. ■ 3. The authority citation for part 81 NAAQS [Primary]’’ by revising the entry * * * * * continues to read as follows:

KENTUCKY-2010 SULFUR DIOXIDE NAAQS [PRIMARY]

Designation Designated area 4 Date 1 Type

******* Jefferson County, KY 2 ...... 8/6/2020 Attainment Jefferson County (part): That portion of Jefferson County encompassed by the polygon with the vertices using Universal Traverse ...... Mercator (UTM) coordinates in UTM zone 16 with datum NAD83 as follows:. (1) Ethan Allen Way extended to the Ohio River at UTM Easting (m) 595738, UTM Northing 4214086 ...... and Dixie Highway (US60 and US31W) at UTM Easting (m) 597515, UTM Northing 4212946;. (2) Along Dixie Highway from UTM Easting (m) 597515, UTM Northing 4212946 to UTM Easting (m) ...... 595859, UTM Northing 4210678;. (3) Near the adjacent property lines of Louisville Gas and Electric-Mill Creek Electric Generating Sta- ...... tion and Kosmos Cement where they join Dixie Highway at UTM Easting (m) 595859, UTM Northing 4210678 and the Ohio River at UTM Easting (m) 595326, UTM Northing 4211014;. (4) Along the Ohio River from UTM Easting (m) 595326, UTM Northing 4211014 to UTM Easting (m) ...... 595738, UTM Northing 4214086.

******* 1 This date is April 9, 2018, unless otherwise noted. 2 Excludes Indian country located in each area, if any, unless otherwise specified. 3 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the des- ignation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country. 4 Webster County and the remainder of Henderson County will be designated by December 31, 2020.

* * * * * management measures prior to the floodplain management measures aimed [FR Doc. 2020–15598 Filed 8–5–20; 8:45 am] effective suspension date given in this at protecting lives and new construction BILLING CODE 6560–50–P rule, the suspension will not occur and from future flooding. Section 1315 of a notice of this will be provided by the National Flood Insurance Act of publication in the Federal Register on a 1968, as amended, 42 U.S.C. 4022, DEPARTMENT OF HOMELAND subsequent date. Also, information prohibits the sale of NFIP flood SECURITY identifying the current participation insurance unless an appropriate public status of a community can be obtained body adopts adequate floodplain Federal Emergency Management from FEMA’s Community Status Book management measures with effective Agency (CSB). The CSB is available at https:// enforcement measures. The www.fema.gov/national-flood- communities listed in this document no 44 CFR Part 64 insurance-program-community-status- longer meet that statutory requirement for compliance with program [Docket ID FEMA–2020–0005; Internal book. regulations, 44 CFR part 59. Agency Docket No. FEMA–8639] DATES: The effective date of each Accordingly, the communities will be community’s scheduled suspension is suspended on the effective date in the Suspension of Community Eligibility the third date (‘‘Susp.’’) listed in the third column. As of that date, flood third column of the following tables. AGENCY: Federal Emergency insurance will no longer be available in Management Agency, DHS. FOR FURTHER INFORMATION CONTACT: If the community. We recognize that some you want to determine whether a ACTION: Final rule. of these communities may adopt and particular community was suspended submit the required documentation of SUMMARY: This rule identifies on the suspension date or for further legally enforceable floodplain communities where the sale of flood information, contact Adrienne L. management measures after this rule is insurance has been authorized under Sheldon, PE, CFM, Federal Insurance published but prior to the actual the National Flood Insurance Program and Mitigation Administration, Federal suspension date. These communities (NFIP) that are scheduled for Emergency Management Agency, 400 C will not be suspended and will continue suspension on the effective dates listed Street SW, Washington, DC 20472, (202) to be eligible for the sale of NFIP flood within this rule because of 674–1087. insurance. A notice withdrawing the noncompliance with the floodplain SUPPLEMENTARY INFORMATION: The NFIP suspension of such communities will be management requirements of the enables property owners to purchase published in the Federal Register. program. If the Federal Emergency Federal flood insurance that is not In addition, FEMA publishes a Flood Management Agency (FEMA) receives otherwise generally available from Insurance Rate Map (FIRM) that documentation that the community has private insurers. In return, communities identifies the Special Flood Hazard adopted the required floodplain agree to adopt and administer local Areas (SFHAs) in these communities.

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The date of the FIRM, if one has been date. Since these notifications were Executive Order 13132, Federalism. published, is indicated in the fourth made, this final rule may take effect This rule involves no policies that have column of the table. No direct Federal within less than 30 days. federalism implications under Executive financial assistance (except assistance National Environmental Policy Act. Order 13132. pursuant to the Robert T. Stafford FEMA has determined that the Executive Order 12988, Civil Justice Disaster Relief and Emergency community suspension(s) included in Reform. This rule meets the applicable Assistance Act not in connection with a this rule is a non-discretionary action standards of Executive Order 12988. flood) may be provided for construction and therefore the National or acquisition of buildings in identified Environmental Policy Act of 1969 (42 Paperwork Reduction Act. This rule SFHAs for communities not U.S.C. 4321 et seq.) does not apply. does not involve any collection of participating in the NFIP and identified Regulatory Flexibility Act. The information for purposes of the for more than a year on FEMA’s initial Administrator has determined that this Paperwork Reduction Act, 44 U.S.C. FIRM for the community as having rule is exempt from the requirements of 3501 et seq. flood-prone areas (section 202(a) of the the Regulatory Flexibility Act because List of Subjects in 44 CFR Part 64 Flood Disaster Protection Act of 1973, the National Flood Insurance Act of 42 U.S.C. 4106(a), as amended). This 1968, as amended, Section 1315, 42 Flood insurance, Floodplains. prohibition against certain types of U.S.C. 4022, prohibits flood insurance Federal assistance becomes effective for coverage unless an appropriate public Accordingly, 44 CFR part 64 is the communities listed on the date body adopts adequate floodplain amended as follows: shown in the last column. The management measures with effective PART 64—[AMENDED] Administrator finds that notice and enforcement measures. The public comment procedures under 5 communities listed no longer comply ■ 1. The authority citation for part 64 U.S.C. 553(b), are impracticable and with the statutory requirements, and continues to read as follows: unnecessary because communities listed after the effective date, flood insurance in this final rule have been adequately will no longer be available in the Authority: 42 U.S.C. 4001 et seq.; notified. communities unless remedial action Reorganization Plan No. 3 of 1978, 3 CFR, Each community receives 6-month, takes place. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 90-day, and 30-day notification letters Regulatory Classification. This final 3 CFR, 1979 Comp.; p. 376. addressed to the Chief Executive Officer rule is not a significant regulatory action § 64.6 [Amended] stating that the community will be under the criteria of section 3(f) of suspended unless the required Executive Order 12866 of September 30, ■ 2. The tables published under the floodplain management measures are 1993, Regulatory Planning and Review, authority of § 64.6 are amended as met prior to the effective suspension 58 FR 51735. follows:

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

Region III Pennsylvania: Benton, Township of, 421749 ...... May 11, 1981, Emerg; June 1, August 5, 2020 ...... August 5, 2020. Lackawanna County. 1986, Reg; August 5, 2020, Susp.. Blakely, Borough of, 420525 ...... March 2, 1973, Emerg; Janu- ...... do ...... Do. Lackawanna County. ary 16, 1980, Reg; August 5, 2020, Susp.. Covington, Township of, 422455 ...... April 25, 1979, Emerg; Sep- ...... do ...... Do. Lackawanna County. tember 1, 1986, Reg; August 5, 2020, Susp.. Dalton, Borough of, Lacka- 420998 ...... June 6, 1973, Emerg; Novem- ...... do ...... Do. wanna County. ber 1, 1978, Reg; August 5, 2020, Susp.. Dunmore, Borough of, 420529 ...... March 19, 1974, Emerg; Sep- ...... do ...... Do. Lackawanna County. tember 28, 1979, Reg; Au- gust 5, 2020, Susp.. Elmhurst, Township of, 421752 ...... July 6, 1979, Emerg; February ...... do ...... Do. Lackawanna County. 2, 1990, Reg; August 5, 2020, Susp.. Fell, Township of, Lacka- 421753 ...... August 7, 1975, Emerg; Sep- ...... do ...... Do. wanna County. tember 30, 1981, Reg; Au- gust 5, 2020, Susp.. Glenburn, Township of, 421754 ...... March 10, 1976, Emerg; No- ...... do ...... Do. Lackawanna County. vember 2, 1990, Reg; Au- gust 5, 2020, Susp.. Greenfield, Township of, 422456 ...... December 27, 1979, Emerg; ...... do ...... Do. Lackawanna County. July 16, 1990, Reg; August 5, 2020, Susp.. Jefferson, Township of, 422457 ...... September 4, 1980, Emerg; ...... do ...... Do. Lackawanna County. June 1, 1986, Reg; August 5, 2020, Susp.. Jessup, Borough of, 420531 ...... April 4, 1974, Emerg; April 15, ...... do ...... Do. Lackawanna County. 1980, Reg; August 5, 2020, Susp.. Mayfield, Borough of, 420532 ...... April 16, 1975, Emerg; Sep- ...... do ...... Do. Lackawanna County. tember 30, 1981, Reg; Au- gust 5, 2020, Susp..

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

Newton, Township of, 421756 ...... July 2, 1979, Emerg; July 3, ...... do ...... Do. Lackawanna County. 1990, Reg; August 5, 2020, Susp.. North Abington, Township 422460 ...... February 3, 1976, Emerg; Au- ...... do ...... Do. of, Lackawanna County. gust 10, 1979, Reg; August 5, 2020, Susp.. Old Forge, Borough of, 420535 ...... July 25, 1974, Emerg; October ...... do ...... Do. Lackawanna County. 16, 1979, Reg; August 5, 2020, Susp.. Scott, Township of, Lacka- 421757 ...... January 19, 1979, Emerg; May ...... do ...... Do. wanna County. 17, 1990, Reg; August 5, 2020, Susp.. Scranton, City of, Lacka- 420538 ...... January 12, 1973, Emerg; Au- August 5, 2020 ...... August 5, 2020. wanna County. gust 15, 1980, Reg; August 5, 2020, Susp.. South Abington, Township 421758 ...... July 29, 1975, Emerg; Decem- ...... do ...... Do. of, Lackawanna County. ber 15, 1982, Reg; August 5, 2020, Susp.. Taylor, Borough of, Lacka- 420539 ...... March 26, 1974, Emerg; Au- ...... do ...... Do. wanna County. gust 15, 1980, Reg; August 5, 2020, Susp.. Throop, Borough of, 420540 ...... April 5, 1974, Emerg; Sep- ...... do ...... Do. Lackawanna County. tember 28, 1979, Reg; Au- gust 5, 2020, Susp.. Waverly, Township of, 422453 ...... January 14, 1976, Emerg; ...... do ...... Do. Lackawanna County. September 30, 1981, Reg; August 5, 2020, Susp.. Region V Illinois: Prairie du Rocher, 170578 ...... June 25, 1974, Emerg; Sep- ...... do ...... Do. Village of, Randolph tember 4, 1985, Reg; August County. 5, 2020, Susp.. * ...... do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Katherine B. Fox, reasonableness of a rail carrier’s W. R.R., 5 I.C.C.2d 751, 754 (1989) Assistant Administrator for Mitigation, common carrier rate by filing a formal (discussing 49 U.S.C. 10709, the Federal Insurance and Mitigation complaint with the Board. See 49 U.S.C. predecessor of the current section Administration—FEMA Resilience, 10701(d); 49 U.S.C. 10702; 49 U.S.C. 10707). In practice, however, the market Department of Homeland Security, Federal 10704(b); 49 CFR pt. 1111. However, dominance inquiry has often become a Emergency Management Agency. before the Board is permitted to costly and time-consuming undertaking, [FR Doc. 2020–16400 Filed 8–5–20; 8:45 am] determine if the rate is reasonable, it resulting in a significant burden on rate BILLING CODE 9110–12–P must first find that the rail carrier has case litigants. In smaller rate cases, in market dominance over the particular, the expense associated with transportation to which the rate applies. the market dominance inquiry may be SURFACE TRANSPORTATION BOARD 49 U.S.C. 10707(b), (c). Market disproportionate to the remedy sought. dominance is defined as ‘‘an absence of Accordingly, in a notice of proposed 49 CFR Parts 1011 and 1111 effective competition from other rail rulemaking issued on September 12, [Docket No. EP 756] carriers or modes of transportation for 2019, the Board proposed a streamlined the transportation to which a rate market dominance inquiry. Market Market Dominance Streamlined applies.’’ 49 U.S.C. 10707(a). It is Dominance Streamlined Approach Approach established Board precedent that the (NPRM), EP 756 (STB served Sept. 12, burden is on the complainant to 2019).1 Specifically, the Board proposed AGENCY: Surface Transportation Board. demonstrate market dominance. See, a set of factors that, if they could be ACTION: Final rule. e.g., Total Petrochems. & Ref. USA, Inc. demonstrated by the complainant, v. CSX Transp., Inc., NOR 42121, slip would establish a prima facie showing SUMMARY: The Surface Transportation op. at 28 (STB served May 31, 2013) of market dominance. Board (STB or Board) is adopting a final (with Board Member Begeman The Board received numerous rule to establish a streamlined approach 2 dissenting on other matters) updated comments on the NPRM. After for pleading market dominance in rate (STB served Aug. 19, 2013.) reasonableness proceedings. 1 The proposed rule was published in the Federal The agency has previously recognized DATES: The rule is effective on Register, 84 FR 48,882 (Sept. 17, 2019). the Congressional intent expressed in 2 The Board received comments and/or reply September 5, 2020. the market dominance statute and its comments from the following entities: The FOR FURTHER INFORMATION CONTACT: legislative history, which ‘‘envision[s] American Chemistry Council, The Fertilizer Sarah Fancher at (202) 245–0355. Institute, the National Industrial Transportation the market dominance determination League, the Chlorine Institute, and the Corn Assistance for the hearing impaired is simply as a practical threshold Refiners Association (collectively, the Coalition available through the Federal Relay jurisdictional determination to be made Associations); the American Fuel & Petrochemical Service at (800) 877–8339. without lengthy litigation or Manufacturers (AFPM); the Association of American Railroads (AAR); BNSF Railway SUPPLEMENTARY INFORMATION: Rail administrative delay.’’ Westmoreland Company (BNSF); Canadian National Railway shippers may challenge the Coal Sales Co. v. Denver & Rio Grande Continued

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considering the comments, the Board providing the service. See 49 U.S.C. approach, the NPRM proposed factors will adopt its proposal with the 10707(d)(1)(A). However, a finding by that, if demonstrated by the modifications discussed below. the Board that a movement’s R/VC ratio complainant, would constitute a prima is 180% or greater does not establish a facie showing of market dominance. The Background presumption that the rail carrier Board reasoned that the presence of In January 2018, the Board established providing the transportation has market these factors would constitute its Rate Reform Task Force (RRTF), with dominance over the movement. See 49 ‘‘significant evidence about the status of the objectives of developing U.S.C. 10707(d)(2)(A). Accordingly, if effective competition,’’ both intramodal recommendations to reform and the quantitative 180% R/VC threshold is and intermodal. NPRM, EP 756, slip op. streamline the Board’s rate review met, the Board moves to the second at 7. However, the Board also explained processes for large cases and component, a qualitative analysis of that, under the proposed streamlined determining how to best provide a rate market dominance. In this analysis, the approach, rail carriers would still be review process for smaller cases. After Board determines whether there are any ‘‘permitted to refute any of the prima holding informal meetings throughout feasible transportation alternatives facie factors of the complainant’s case, 2018, the RRTF issued a report on April sufficient to constrain the railroad’s or otherwise show that effective 25, 2019 (RRTF Report), which rates for the traffic to which the competition exists for the traffic at recommended, among other things, that challenged rates apply (the issue traffic). issue.’’ Id. at 12. The Board concluded the Board develop ‘‘a standard for See, e.g., M&G Polymers 2012, NOR that the proposed approach would pleading market dominance that will 42123, slip op. at 2, 11–18; Consumers ‘‘have the benefit of reducing the reduce the cost and time of bringing a Energy Co. v. CSX Transp., Inc., NOR complexity of market dominance rate case.’’ RRTF Report 53. The RRTF 42142, slip op. at 287–98 (STB served presentations for many complainants concluded that an effort to streamline Jan. 11, 2018). without limiting railroads’ ability to the market dominance inquiry was a As explained in the NPRM, EP 756, mount a thorough defense.’’ Id. necessary part of making rate relief slip op. at 5–6, it is well established that The prima facie factors proposed in available for smaller rate disputes. Id. at the Board has the authority to review the NPRM are as follows: 52. After considering the RRTF Report and modify its rate reasonableness • The movement has an R/VC ratio of and broader market dominance issues, methodologies and processes— 180% or greater; see NPRM, EP 756, slip op. at 3–6, the including its market dominance • The movement would exceed 500 Board issued the NPRM proposing a inquiry—to ensure that they remain highway miles between origin and streamlined approach for pleading accessible to the complainants that are destination; market dominance in rate entitled to use them.4 The NPRM • There is no intramodal competition reasonableness proceedings. described the Board’s underlying from other railroads; The Board’s market dominance reasons for its proposal: The time and • There is no barge competition; • inquiry comprises two components: A cost associated with an evidentiary The complainant has used truck for quantitative threshold and a qualitative process that ‘‘requires the complainant 10% or fewer of its movements subject analysis. The statute establishes a to prove a negative proposition on to the rate at issue over a five-year opening—that intermodal and period; and conclusive presumption that a railroad • does not have market dominance if the intramodal competition are not effective The complainant has no practical rate charged produces revenues that are constraints on rail rates’’; the fact that build-out alternative due to physical, less than 180% of its variable costs 3 of such expense may be particularly out of regulatory, financial, or other issues (or balance with the remedy being sought in combination of issues). Company (CN); CSX Transportation, Inc. (CSXT); smaller rate cases; and that the time and Id. at 6–7. For the factors pertaining Farmers Union of Minnesota, Farmers Union of cost of the market dominance inquiry to intramodal competition, barge Montana, Farmers Union of North Dakota, Farmers could itself be a barrier to rate relief. competition, and build-out alternatives, Union of South Dakota, and Farmers Union of the NPRM proposed that complainants Wisconsin (collectively, Farmers Union); Freight NPRM, EP 756, slip op. at 3–4. The Rail Customer Alliance (FRCA); Indorama Ventures NPRM also described how its proposed could submit a verified statement from (Indorama); Industrial Minerals Association—North streamlined market dominance an appropriate official attesting that the America (IMA–NA); Institute of Scrap Recycling approach would further the rail complainant does not have such Industries, Inc. (ISRI); MillerCoors; National Coal transportation policy (RTP) at 49 U.S.C. competitive options, or could otherwise Transportation Association (NCTA); National Grain and Feed Association (NGFA); National Taxpayers 10101 and would be consistent with demonstrate that those factors are met. Union (NTU); Norfolk Southern Railway Company clear Congressional directives in both Id. at 8, 10–11. (NSR); Olin Corporation (Olin); Portland Cement that statutory provision and also the To further streamline the market Association (PCA); Private Railcar Food and Surface Transportation Board dominance inquiry, the NPRM proposed Beverage Association (PRFBA); Steel Manufacturers that complainants would be allowed to Association (SMA); Union Pacific Railroad Reauthorization Act of 2015, Public Law Company (UP); U.S. Department of Agriculture; and 114–110, 129 Stat. 2228. NPRM, EP 756, request an on-the-record, telephonic Western Coal Traffic League (WCTL). The Board slip op. at 4–5. hearing with an Administrative Law also received a joint comment from several With respect to the proposed Judge (ALJ) at the rebuttal phase of the members of the Committee for a Study of Freight rate proceeding. Id. at 12. The purpose Rail Transportation and Regulation of the streamlined market dominance Transportation Research Board (referred to of the hearing would be to allow the collectively as the TRB Professors), as well an 2012) corrected and updated, (STB served Dec. 7, parties to clarify their market individual comment and reply from one member of 2012) (M&G Polymers 2012). The comparison of dominance positions under oath, and to that committee, Dr. Jerry Ellig (Dr. Ellig). That revenues to variable costs, reflected as a percentage build upon issues presented by the committee issued a report titled Modernizing figure, is known as a revenue-to-variable cost (R/ Freight Rail Regulation (TRB Report) in 2015. See VC) ratio. Id. parties through critical and exacting Nat’l Acads. of Sciences, Eng’g, & Med., 4 See, e.g., Rate Reg. Reforms, EP 715, slip op. at questioning. Id. The NPRM also Modernizing Freight Rail Regulation (2015), http:// 1–2 (STB served Mar. 13, 2015); Simplified proposed a 50-page limit (inclusive of nap.edu/21759. Standards for Rail Rate Cases, EP 646 (Sub-No. 1) exhibits and verified statements) on the 3 Variable costs are those railroad costs of (STB served Sept. 5, 2007), aff’d sub nom. CSX providing service that vary with the level of output. Transp., Inc. v. STB, 568 F.3d 236 (D.C. Cir. 2009), parties’ replies and rebuttals. Id. See M&G Polymers USA, LLC v. CSX Transp., Inc., vacated in part on reh’g, 584 F.3d 1076 (D.C. Cir. The Board did not propose to limit NOR 42123, slip op. at 2 n.4 (STB served Sept. 27, 2009). the types of rate proceedings in which

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complainants could utilize the Part I—Purpose of the Rule service.’’ (BNSF Reply, V.S. Miller 12– streamlined market dominance None of the commenters challenge the 14.) approach.5 Under the proposal, Board’s authority to adopt a streamlined Shippers and shipper groups agree with the NPRM’s conclusion that the complainants would have the option to market dominance approach based on a streamlined market dominance utilize the proposed streamlined market set of prima facie factors, though some approach would reduce burdens on dominance approach or the non- question whether certain aspects of the parties, expedite proceedings, and make streamlined market dominance proposal are consistent with particular the Board’s rate relief procedures more approach. The Board stated that ‘‘[i]f a statutory provisions and the RTP. accessible. (See, e.g., AFPM Comment 1, complainant determines that it is not Some rail interests generally support 3; Coalition Associations Comment 4–5; able to demonstrate one of the required streamlining the market dominance SMA Comment 10; MillerCoors inquiry, but suggest revisions to the factors, it would not choose this Comment 12; Indorama Comment 10; proposal. (AAR Comment 1; CSXT streamlined approach at the beginning IMA–NA Comment 10; Olin Comment Comment 2; NSR Comment 1 (adopting of the case, but would instead need to 4–5.) The Coalition Associations dispute AAR’s comment); CN Comment 1 choose a non-streamlined market UP’s and BNSF’s assertions that (stating support for AAR’s comment).) dominance presentation with additional streamlining would be generally Other rail commenters do not oppose a detailed information about its unnecessary. (Coalition Associations streamlined market dominance transportation options.’’ NPRM, EP 756, Reply 4.) They claim that, even in cases slip op. at 11. approach but argue that its use should where market dominance is clear, be limited to only smaller cases and also railroads’ concessions of market Final Rule suggest revisions. (UP Comment 1–2; dominance are the exception, not the BNSF Comment 2.) rule. (Id. at 8.) They point to Sunbelt After considering the comments, the In addition, UP and BNSF question Chlor Alkali Partnership v. Norfolk Board will adopt the rule proposed in whether such an approach is beneficial the NPRM, with minor modifications. Southern Railway, Docket No. NOR or necessary. UP expresses doubt that 42130, as an example, noting that there Below, the Board addresses the the streamlined approach would prove comments and discusses the the railroad conceded market worthwhile or attractive to shippers, as dominance only after the complainant modifications being adopted in the final the Board anticipated in the NPRM that filed extensive evidence, despite the rule. In Part I, the Board addresses only one additional complaint would be shipper having submitted a request for general comments on the purpose of the filed annually based on adoption of the admission on market dominance before rule. In Part II, the Board addresses streamlined approach. (UP Comment 3.) evidentiary filings were due. (Coalition comments regarding the prima facie UP states that a streamlined approach Associations Reply 8–9; see also Olin factors proposed in the NPRM, would not be useful because, when Comment 4–5 (explaining that the proposals from commenters for other market dominance is clear, railroads do complainant in the Sunbelt proceeding factors, and other suggested approaches not contest market dominance, and included dozens of pages and to streamline the market dominance when market dominance is a close case, statements from three witnesses inquiry. In Part III, the Board addresses shippers would not be able to use the addressing why theoretical alternatives procedural issues. Lastly, in Part IV, the streamlined approach because there would not work on opening, only for the Board addresses other miscellaneous would be some evidence of effective railroad to concede market dominance arguments. The text of the final rule is competition. (Id. at 3–4.) Nonetheless, in a single sentence on reply).) The below. UP recognizes that the Board’s proposal Coalition Associations also assert that could provide shippers in small cases BNSF’s argument that competition is 5 The Board’s general standards for judging the with inexpensive guidance on the likely pervasive in the transportation market, reasonableness of rail freight rates, including the outcome of a market dominance inquiry. even if true, does not diminish the need stand-alone cost test (referred to as Full-SAC), are (Id. at 4.) for a streamlined approach in those set forth in Coal Rate Guidelines, Nationwide, 1 BNSF comments that competition is instances where effective competition is I.C.C.2d 520 (1985), aff’d sub nom. Consol. Rail already pervasive in rail markets and Corp v. United States, 812 F.2d 1444 (3d Cir. 1987), absent. (Coalition Associations Reply as modified in Major Issues in Rail Rate Cases, EP discusses how it competes with multi- 14.) 657 (Sub-No. 1) (STB served Oct. 30, 2006), aff’d modal movements. (BNSF Comment 2– None of the criticisms described sub nom. BNSF Railway v. STB, 526 F.3d 770 (D.C. 8; BNSF Reply, V.S. Miller 2–12.) BNSF above warrant abandonment of the Cir. 2008), and Rate Regulation Reforms, EP 715 also argues that product and geographic (STB served July 18, 2013), petition granted in part proposal. Although BNSF and UP sub nom. CSX Transp., Inc. v. STB, 754 F.3d 1056 competition, even if not considered by contend that the streamlined market (D.C. Cir. 2014). Complainants also have the option the Board, are pervasive in rail markets dominance approach will not have of challenging the rate under one of the Board’s and that ‘‘[g]eographic competition is much benefit and is not necessary, they simplified processes—the Simplified SAC test or particularly strong in agricultural Three Benchmark methodology—as set forth in also state that they do not oppose a Simplified Standards, EP 646 (Sub-No. 1) (STB markets,’’ because farmers must truck streamlined market dominance served Sept. 5, 2007) aff’d sub nom. CSX Transp., their product to elevators, which gives approach (at least in smaller cases). Inc. v. STB, 568 F.3d 236 (D.C. Cir. 2009), and farmers a range of transportation Further, as explained in the NPRM, EP vacated in part on reh’g, CSX Transp., Inc. v. STB, options, and because shippers can 584 F.3d 1076 (D.C. Cir. 2009), as modified in Rate 756, slip op. at 3–4, the market Regulation Reforms, EP 715 (STB served July 18, choose to ship product to different dominance inquiry for rate 2013), remanded in part sub nom. CSX Transp., Inc. export markets. (BNSF Comment 6–7; reasonableness cases is a costly and v. STB, 754 F.3d 1056 (D.C. Cir. 2014). The NPRM BNSF Reply, V.S. Miller 6–9.) BNSF time-consuming undertaking and can was issued concurrently with a separate notice of states that the Board should avoid proposed rulemaking in Final Offer Rate Review, EP limit access to the Board’s processes, 755 et al. (STB served Sept. 12, 2019), in which the interfering with these market-based particularly affecting access in smaller Board proposed an alternative procedure (Final rates, as it could distort the markets of cases. Numerous shippers agree that Offer Rate Review or FORR) for challenging the BNSF’s shippers and affect BNSF’s streamlining the market dominance reasonableness of rates in smaller cases, which capital investments which, it argues, inquiry would make the rate would require complainants to utilize the proposed streamlined market dominance approach. Id. at 9. would adversely impact ‘‘all shippers reasonableness review processes more That proposal remains under review. that rely on efficient rail transportation accessible to shippers by reducing the

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litigation burden in some cases. (See market dominance approach. Rather, it costs for the R/VC ratio 8—is flawed AFPM Comment 1–2; Coalition expects the rule to decrease the burden and, as a result, the R/VC ratios are Associations Comment 2–3; IMA–NA in potentially meritorious cases, unreliable. However, they acknowledge Comment 1; Indorama Comment 1; including the burden concerning a that, because the R/VC calculation is a NGFA Comment 2; MillerCoors demonstration of market dominance statutory requirement that can only be Comment 1; Olin Comment 1–2; PCA that may otherwise unnecessarily limit eliminated through legislative change, Comment 1; SMA Comment 1.) the accessibility of the Board’s rate the Board is required to use an R/VC UP claims that railroads do not review processes and therefore dissuade ratio in the market dominance inquiry. contest market dominance when market shippers from filing cases. As such, (TRB Professors Comment 2–3.) NGFA dominance is clear, but, as the Coalition there is no basis for the suggestion that states that it shares the criticisms of Associations and Olin note, and as the the streamlined approach would result URCS and accordingly urges the Board experience in Sunbelt shows, a in shippers obtaining rate relief that to continue its efforts to improve URCS complainant may nevertheless bear would inappropriately interfere with and/or develop a new and improved significant cost and time burdens market-based rates. means to calculate the statutorily preparing and submitting extensive required R/VC ratio. (NGFA Comment evidence before a railroad concedes For these reasons, the Board finds that 3.) market dominance. A streamlined a streamlined approach would further Use of the R/VC of 180% or greater is market dominance approach would the RTP goal of maintaining reasonable a statutory requirement, and the Board prove beneficial, including in cases rates where there is an absence of will adopt this aspect of the proposal.9 where a railroad ultimately concedes effective competition, see section market dominance, by easing the cost 10101(6), by reducing the burden on B. Movement Length Greater Than 500 and time burdens complainants must complainants in certain rate cases. This Highway Miles bear for the preparation and submission in turn will make the agency’s rate The Board also proposed a prima facie of evidentiary pleadings. As for BNSF’s reasonableness review processes more factor that the movement exceed 500 assertion that competition is already accessible, particularly in smaller cases. highway miles between origin and pervasive in the marketplace due, in Moreover, the streamlined approach destination. NPRM, EP 756, slip op. at part, to product and geographic would continue to ensure that the Board 7. The Board reasoned that movements competition,6 there is no dispute that determines the reasonableness of rates greater than 500 miles are not likely to some shippers lack effective only where there is actual market have competitive trucking options, as competition. The streamlined approach dominance, consistent with section this is approximately the length of haul adopted here should make the Board’s 10101(1) (allowing, to the maximum that a trucking carrier could complete in rate reasonableness review processes extent possible, competition and the one day. Id. (citing Review of more accessible to shippers when demand for services to establish Commodity, Boxcar, & TOFC/COFC market dominance is more readily reasonable transportation rates) and Exemptions, EP 704 (Sub-No. 1), slip op. apparent.7 section 10101(5) (fostering sound at 7 n.12 (STB served Mar. 23, 2016)). The Board also finds unpersuasive economic conditions in transportation Therefore, the Board proposed the 500- BNSF’s argument that the streamlined and ensuring effective competition and mile threshold as indicative of a approach could interfere with market- coordination between rail carriers and movement that is more likely to be based rates. The final rule does not other modes). served by a market dominant rail create a new right or remedy that did carrier. The Board also invited comment Part II—Prima Facie Factors not previously exist but simply offers a on whether the mileage threshold could streamlined way to demonstrate market As discussed below, the Board will be varied by commodity groups and dominance. The final rule does not asked parties to provide detailed impose a new limit on the type of adopt the prima facie factors largely as proposed in the NPRM. The Board will quantitative and qualitative information relevant evidence a rail carrier can in support of any alternative mileage submit on reply to attempt to rebut a add language to the regulations to clarify the term ‘‘appropriate official,’’ threshold. Id. at 8. The Board received complainant’s market dominance case. comments relating to the appropriate Further, the rule does not modify the to clarify the method of measuring the level of truck movements over a five- mileage threshold, varying the threshold Board’s rate reasonableness by commodity, and application to multi- methodologies. Accordingly, the Board year period, and to include a factor to account for intermodal competition rail carrier and transload shipments, does not expect the final rule to change which are addressed in turn below. the outcome that would have been from pipelines. reached under the non-streamlined A. R/VC of 180% or Greater 1. 500-Mile Threshold Several shipper interests contend that 6 Railroad arguments for inclusion of a prima The Board proposed a prima facie the mileage threshold should be facie factor that addresses product and geographic factor that the movement has an R/VC competition are discussed below in Part II (subpart lowered to 250 miles, arguing that this G, section 5, ‘‘Product and Geographic ratio of 180% or greater. NPRM, EP 756, Competition’’). slip op. at 7. The Board proposed this 8 Variable costs are calculated using the URCS 7 UP notes that the agency previously tried to use factor because it is a statutory Phase III movement costing program, which presumptions in the market dominance analysis but requirement, 49 U.S.C. 10707(d), and requires the user to input certain information about eventually abandoned the approach. (UP Comment the particular movement. Although disputes 3.) Here, presumptions are not being utilized as the therefore must be established in any sometimes arise over these inputs that are used to streamlined market dominance approach requires a market dominance inquiry. calculate URCS, these disputes are generally less shipper to put forth an evidentiary showing to make The Board received few comments complicated than disputes regarding the qualitative its prima facie case for market dominance. component of the market dominance inquiry. This Moreover, those presumptions were markedly pertaining to this proposed factor. The is because the inputs relate to objective data different from the factors finalized here and were TRB Professors argue, as they did in the whereas the qualitative portion usually involves the ultimately abandoned because of flaws with the TRB Report, that the Board’s Uniform presentation of more subjective arguments. 9 presumptions themselves. See Mkt. Dominance Railroad Costing System (URCS)— To the extent that the parties raise general Determinations & Consideration of Prod. concerns regarding URCS, such issues are beyond Competition, 365 I.C.C. 118, 120–26 (1981). which is used to calculate the variable the scope of this proceeding.

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is the maximum distance that a truck Comment 12; CN Comment 2.) UP measure of market dominance because driver could travel in a single day, given suggests that ‘‘the Board seek empirical of the difficulty in calculating the the need for a return trip and hours-of- evidence and set higher hurdles, so the appropriate market and because the service regulations mandated by the presumptions better assist shippers in competitive implications of market Federal Motor Carrier Safety identifying situations in which market share vary from case to case. (Coalition Administration (FMCSA). (Coalition dominance is not likely to be Associations Reply 29 (citing Mkt. Associations Comment 12; ISRI contested.’’ (UP Comment 12 (also Dominance Determinations, 365 I.C.C. Comment 7–8; Indorama Comment 11– noting that the Board has found that 118, 123 (1981)); ISRI Reply 2 (same).) 12; see also Olin Comment 7; NGFA trucks provide effective competition for The Coalition Associations and ISRI Reply 6; AFPM Comment 5.) Indorama movements longer than 500 miles.)) CN also argue that the USDOT data shows states that, based on its experience, submitted a verified statement from Dr. that the average distance for truck truck is unable to compete with rail at Michael Tretheway, Chief Economist shipments is 227 miles, compared to distances over 250 miles, in part and Executive Vice President of 805 miles for rail shipments, thus because a railcar can carry four times InterVISTAS, relying on data from the undermining BNSF’s assertion that 500 the amount that a truck can carry and U.S. Census Bureau’s Commodity Flow miles is too low a threshold. (Coalition because per-mile trucking costs are Survey (CFS), which it states ‘‘shows Associations Reply 29; see also ISRI increasing. (Indorama Comment 11–12.) that using 500 miles as a cutoff is too Reply 2.) The Coalition Associations and ISRI conservative’’ and that ‘‘rail and truck The comments have not presented both note that they tried to collect data compete on equal terms’’ in the 500–749 sufficient evidence for either modifying on an appropriate mileage threshold but mileage band. (CN Comment 4, V.S. or eliminating the 500-mile threshold at that it proved too difficult and time- Tretheway 1, 3.) In its reply comment, this time. Any threshold used for this consuming for most of their members. CN submitted an updated verified purpose should strike a proper balance. (Coalition Associations Comment 9 n.9; statement from Dr. Tretheway, On the one the hand, the threshold ISRI Comment 9–10.) The Coalition analyzing the same data but organized should not be too low, thereby allowing Associations argue that in past cases the by commodity groups and distance shippers that are not reasonably likely Board has found that trucks are bands. Based on this data, CN proposes to lack effective competition to use the competitive with rail at a range of 150 either switching to an across-the-board streamlined approach. On the other to 500 miles. (Coalition Associations 750-mile threshold, or using hand, the threshold should not be too Comment 12–13 & n.15.) commodity-group-specific thresholds, high, thereby preventing shippers that Rail interests take varying positions with the thresholds being set at the are reasonably likely to lack effective regarding the 500-mile threshold. AAR distance at which the tonnage shipped competition from using the approach. asserts that the threshold is conservative by truck exceeds or is comparable to the Moreover, it bears noting that the and that AAR ‘‘generally supports the tonnage shipped by rail. (CN Reply 4.) 10 mileage threshold is just one of two Board’s determination that requiring a The Coalition Associations respond prima facie factors that would be used distance greater than 500 highway-miles that ‘‘[s]etting the highway-distance to evaluate trucking competition. The strikes the right balance in today’s threshold high enough to exclude nearly Board considered this factor in tandem competitive environment.’’ (AAR every conceivable movement where a with the trucking volume threshold Comment 8–9.) AAR also notes that the railroad may not have market factor (discussed in more detail in subpart E, ‘‘10% or Fewer of Recent distances traveled by trucks in a single dominance is neither desirable nor day are increasing, due to companies Movements by Truck,’’ below) and necessary,’’ given that railroads would experimenting with platooning, remote intends that the mileage and volume still have an opportunity to present operation, and autonomous trucks, as thresholds together will identify evidence showing that there is effective well as the trucking industry’s efforts to shippers that are reasonably likely to competition. (Coalition Associations increase truck size and weight limits. lack trucking options that provide Reply 31.) In response to AAR’s Accordingly, AAR suggests that the effective competition. argument that daily truck distances are mileage threshold may need to be The Board concludes that using an increasing due to technological increased in the future to accommodate estimate of the maximum distance that advances, the Coalition Associations the increased truck competition at a truck can typically travel in a single and ISRI state that these technologies do greater distances. (Id. at 9.) day is a reasonable measure for a single BNSF argues that the Board should not impact driving speed or time, which mileage threshold, applicable to a wide not consider any threshold less than 500 are the two factors that affect driving range of shippers, and that 500 miles miles for any commodity, but also states distance, and commenters state, in any continues to be a reasonable calculation that it sees ‘‘strong truck competition for event, these changes are not expected to of this distance. Several shippers and movements that significantly exceed be implemented anytime soon. shipper groups argue that the distance 500 miles, which is consistent with (Coalition Associations Reply 30–31; should be cut in half to 250 miles to reported statistics.’’ (BNSF Comment ISRI Reply 2–3.) In addition, the account for FMCSA regulations and a 13.) Accordingly, BNSF suggests 750 Coalition Associations and ISRI argue return trip. However, in basing the miles as a more appropriate threshold, that both CN’s analysis of the CFS data threshold on trucking distance per day, citing to United States Department of and BNSF’s analysis of the USDOT data it is more appropriate to use the Transportation (USDOT) statistics that it are flawed. The Coalition Associations maximum distance that a truck could states show that trucks carry the largest and ISRI note that the CFS data is based travel. While 250 miles may be the share of goods shipped in the U.S. and on market share, but the Interstate practical limit for some shippers remain the primary mode for shipments Commerce Commission (ICC) long ago because of the need for return trips, not moved less than 750 miles. (Id.) recognized that market share is a poor all shippers move traffic back-and-forth UP and CN also argue that the between a single origin and destination threshold should be higher, and that the 10 CN notes that there is a lag with the data but and would not be so constrained. states that it is unavoidable. It argues that if the Board’s proposed 500-mile figure lacks Board decides to rely on this data, it could update Because the streamlined approach is data to support its use as a threshold for the mileage thresholds as new data is released. (CN intended to be used in situations in a prima facie determination. (UP Reply 3 & n.7.) which the lack of alternative

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transportation options is clear on its Unlike rail shipments, LTL involves when considering commodities in face, the Board finds it is better to set transportation of small products that do aggregate. For example, notwithstanding the threshold around the outermost not fill an entire trailer and that are the CFS data issues noted above, the point of a one-day trucking shipment to often combined with other such data shows that rail transports more ensure that only those shippers that are products (or shipments) during tonnage than truck in the 500–749 more likely to be found to lack effective transport. Rail shipments and LTL mileage band, and rail’s share of competition can utilize it. In addition, shipments, which typically have tonnage substantially increases from the although AAR has noted that the different service and product 250–499 mileage band to the 500–749 distance a truck can travel in a single characteristics, are generally not mileage band. As such, the CFS data day may increase due to certain comparable. In addition, the Board has does not undermine the Board’s technological advancements, these identified some significant differences conclusion that 500 miles is a advancements have not been widely in the mileage trends between the CFS reasonable threshold for purposes of implemented. The Board acknowledges data and the Carload Waybill Sample, determining competitiveness of rail that such technological advancements which the Board relies on for many transportation versus truck. may well have competitive regulatory purposes. In particular, the The Board seeks to strike an implications, and the Board can revisit 2012 CFS data shows that 24% of rail appropriate balance. Given its the mileage threshold once those tons moved under 100 miles, but the determination that rail likely has advancements have been more widely 2012 Waybill data shows that only efficiencies and advantages over truck implemented. 11.1% of rail tons move under 100 in certain circumstances once a The Board also finds unconvincing miles. In another example, the 2012 CFS shipment exceeds the distance a truck the Coalition Association’s argument data shows that 53% of rail tons moved can reasonably travel in a single day that a lower threshold that errs on the under 500 miles, but the 2012 Waybill (i.e., 500 miles), the Board concludes side of being too low should not lead to data shows 36% of rail tons moved that a 750-mile threshold would exclude inappropriate market dominance under 500 miles. While these shippers that are reasonably likely to findings, as railroads would still have differences do not necessarily indicate lack competition.13 In addition, the an opportunity to refute the prima facie that the CFS data is inaccurate, and may mileage band is just one of two prima showing on reply. (Coalition be due to the different survey facie factors that would be used to Associations Reply 31.) The streamlined populations and programs used to evaluate trucking competition; the 10% market dominance approach is intended calculate rail mileages, they raise or less trucking volume threshold serves to reduce the litigation burdens on all questions about relying on the CFS data as another constraint that effectively parties in a rate case, and the Coalition here, at least for rail volumes and limits use of the streamlined approach Association’s approach could result in distances.12 to cases where shippers that are railroad defendants needing to make In any event, the CFS data itself does reasonably likely to lack effective truck reply arguments in cases where market not conclusively show that the 500-mile competition. Thus, the 500-mile dominance is not reasonably likely. threshold is too low. Based on 2012 CFS threshold, combined with the 10% or In addition, no party provided the data, in the 250–499 mileage band, truck less trucking volume threshold,14 will Board with sufficient data to has a traffic share (by tonnage) of 55%, serve as a sufficient screen to identify demonstrate that a higher mileage compared to 29% for rail. In the 500– movements that likely lack effective threshold would be more appropriate. 749 mileage band, the traffic share for trucking competition.15 The CFS data that CN relies on shows rail rises to 43% and surpasses the 2. Commodity-Specific Thresholds the share of U.S. freight traffic by traffic share for truck, which falls to transportation mode (by tonnage), 39%. While the 2012 CFS data shows As noted above, the NPRM invited broken out into distance bands. The that rail does not comprise a majority comment on whether the mileage data shows that for the 500–749 mileage share of tonnage until the 750–999 threshold could be varied by commodity band, rail has a 43% share of the traffic, mileage band, the data also shows that groups, and also asked commenters to while truck has a 39% share. CN argues at 500 miles, rail holds certain provide detailed quantitative and that this indicates that rail and truck efficiencies and advantages over truck, qualitative information in support of compete for traffic at these distances. any alternative mileage threshold. BNSF According to CN, the Board should set commodity that made up the greatest percentage of the threshold based on the 750–999 the shipment’s weight.’’ See Bureau of Transp. 13 BNSF’s reliance on the statement from the Statistics, 2012 Commodity Flow Surv., https:// USDOT report that says that trucking ‘‘remain[s] the mileage band, where rail’s share www.bts.gov/archive/publications/commodity_ primary mode for shipments moved less than 750 increases to 57% and truck’s share flow_survey/2012/united_states/survey (last visited miles’’ is also unavailing. (See BNSF Comment 13.) decreases to 28%. As a general matter, July 23, 2020) (see section titled ‘‘Data Collection The report includes a table that shows that rail has the Board has some concerns with Method’’). This appears to indicate that full a smaller share of ton-miles in the 500–749 mileage truckload and LTL shipments are counted the same band compared to truck, but as with the CFS data, relying on the CFS data for purposes of way under the truck category. the Board has some concern about whether this calculating the mileage threshold. 12 In particular, the CFS is based on a survey of information is appropriate for setting the mileage One concern is that the CFS data business establishments with paid employees that threshold. In particular, it appears that the graph appears to combine full truckload and are located in the United States, whereas the may incorporate data from a broad range of Carload Waybill Sample gathers its data from the shipments, including those that normally do not less-than-truckload (LTL) shipments move by rail, and as such, it is difficult to draw a 11 transportation providers. In addition, the CFS uses into the same trucking category. a program called GeoMiler to calculate rail meaningful conclusion about either increasing or mileages, see Bureau of Transportation Statistics, decreasing the mileage threshold. 11 According to the Bureau of Transportation 2012 Commodity Flow Survey, https:// 14 As explained below, the Board clarifies that the Statistics’ explanation of the 2012 CFS data, ‘‘[f]ull www.bts.gov/archive/publications/commodity_ 10% threshold is based on volume rather than or partial truckloads were counted as a single flow_survey/2012/united_states/survey (last visited number of movements. shipment only if all commodities on the truck were July 23, 2020) (see section titled ‘‘Mileage 15 For this reason, the Board rejects ISRI’s destined for the same location. For multiple Calculations’’), while the Board’s 2012 Waybill proposal to combine the trucking volume threshold deliveries on a route, the goods delivered at each Sample used software called PC RailMiler, which and 500-mile threshold into one factor, which a stop were counted as one shipment.... For a is a routing, mileage, and mapping software for the shipper could satisfy by showing that either of these shipment that included more than one commodity, transportation and logistics industry. See DuPont thresholds is met (rather than both). (See ISRI the respondent was instructed to report the 2014, NOR 42125, slip op. at 266 n.1446. Comment 11.)

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generally opposes commodity-specific at distances far below 500 miles. PCA, rail’s share for all freight starts to thresholds, arguing that it would run however, does not propose an alternate increase above 200 miles. The 2010 counter to the goal of simplification. threshold nor does it provide data to chart is for all commodities and is not (BNSF Reply, V.S. Miller 15.) Several support its arguments. Rather, PCA specific to agricultural shipments. commenters argued for commodity- claims that the Board itself Moreover, it shows that for the 250–499- specific thresholds. acknowledged that cement cannot mileage band, truck has a majority share The Board appreciates the comments satisfy a 500-mile threshold in Review of of traffic (based on tonnage). NGFA also submitted. Based on the input received, Commodity, Boxcar, and TOFC/COFC cites to an academic study from 2010 the Board agrees that the concept of Exemptions, EP 704 (Sub-No. 1) (STB conducted in coordination with AAR creating commodity-specific thresholds served Mar. 23, 2016) (with Board that found that ‘‘rail clearly has the has merit and is preferable to a blanket Member Begeman dissenting). (PCA advantage for the bulk movements, even threshold. Several commenters Comment 2–3.) PCA overstates that for the 50- and 200-mile moves.’’ (NGFA presented credible arguments that, for decision. There, the Board merely cited Reply 4–5 (quoting from the study’s some commodities, including, but not PCA’s own assertion that shipments of report 17).) However, the report’s limited to, chlorine and agricultural cement move at a range of 250 to 300 findings were more nuanced than the commodities, trucking becomes less miles while seeking comment on the selected quote suggests. In the same competitive at a distance shorter than possible revocation of the exempt paragraph, the report concludes that 500 miles. Therefore, even though, as commodity status of hydraulic cement. ‘‘[t]he detailed results indicate that the discussed in more detail below, the In citing this assertion from PCA, rail market share increased for lower information submitted in this docket however, the Board did not make any value and longer distance movements.’’ did not contain sufficient quantitative definitive findings regarding the Estimating the Competitive Effects of data to support the adoption of distances of such shipments. Larger Trucks on Rail Freight Traffic, at commodity-specific mileage thresholds Olin argues that the 500-mile 12 (emphasis added). Again, despite not at this time, the Board finds that this threshold is unreasonable for its chlor adopting a lower mileage threshold for issue warrants additional consideration. alkali products and that this factor agricultural commodities or any other Accordingly, while the final rule should be removed entirely for chlorine commodities at this time, the Board adopted here establishes a single and other hazardous materials that intends to further explore in a separate mileage threshold of 500 miles, the cannot readily or feasibly move by proceeding whether various commodity- Board plans to soon initiate a truck. (Olin Comment 6–7.) Although specific thresholds should be created, proceeding to further explore the chlorine, in particular, may rarely move including for agricultural commodities, adoption of various commodity-specific by truck, Olin provides no data to given the Board’s long-standing concern mileage thresholds. support an alternative chlorine-specific that the Board’s rate reasonableness ISRI argues for lowering the threshold threshold.16 However, for chlorine, in review process is not readily accessible to 200 miles for scrap metal shipments. particular, there is a sufficiently strong to many agricultural shippers. (ISRI Comment 5.) Although ISRI cites basis to consider modifying the As noted above, CN suggests, as an a survey it conducted of its members in threshold or eliminating it. The record alternative to its proposed 750-mile support, ISRI did not include the survey here though does not contain enough threshold, using commodity-group- or accompanying data but rather information to determine if the mileage specific thresholds based on CFS data, summarizes its results. ISRI also threshold should be lowered (and, if so, with the thresholds being set at the provides some information regarding to what mileage) or eliminated. As distance at which the tonnage shipped truck shipments, but only from four of discussed above, the Board will institute by truck exceeds or is comparable to the its members. (Id. at 5–7; ISRI Reply 2 a proceeding in the near future to gather tonnage shipped by rail. (CN Reply 4.) n.5.) ISRI also states that there are more information on commodity- However, the CFS data relied on by CN factors unique to the scrap metal specific thresholds for various for its commodity-group threshold is industry that compel ISRI members to commodities, including chlorine. based on data at the two-digit Standard rely on rail for movements significantly NGFA proposes that the mileage Transportation Commodity Code (STCC) less than 500 miles, such as the need for threshold be set at 200 miles for level and is not granular enough to specialized trucking equipment. (ISRI agricultural commodities, asserting that create commodity-specific thresholds Comment 7–8; ISRI Reply 2.) However, trucking generally is effectively (CN itself refers to its categories as the Board would need more competitive with rail for agricultural commodity-group-specific comprehensive and fully supported data 18 movements of only 200 miles or less. thresholds). (CN Reply 4.) In addition, before lowering the threshold for scrap (NGFA Comment 3.) In its reply as explained above, the Board has metal shipments. comment, NGFA cites to a chart from identified issues with relying on the AFPM opposes the 500-mile threshold CFS data for purposes of calculating for fuel and petrochemicals, arguing that the 2010 National Rail Plan produced by the Federal Railroad Administration mileage thresholds. those materials are frequently shipped Finally, several commenters oppose (FRA), which NGFA claims shows that via unit train and that trucking the 500-mile threshold for coal. NCTA substitutions for an entire train are proposes that the Board use a lower 16 In addition, for all other non-toxic-by- likely to become non-competitive at a inhalation hazardous commodities, Olin proposes a lower threshold. (AFPM Comment 5.) ‘‘sliding-scale’’ approach for shipments up to 250 17 Carl D. Martland, Estimating the Competitive AFPM proposes a 250-mile threshold miles, which it states would take into account ‘‘the Effects of Larger Trucks on Rail Freight Traffic but provides no data to support that nature of the product and the involved packaging (2010), https://www.aar.org/wp-content/uploads/ and availability of equipment required for 2017/12/AAR-Estimating-Competitive-Effects- figure. (See id.) Accordingly, the Board trucking.’’ Olin further states that ‘‘[i]n cases where Larger-Trucks-2010-Report-TSW.pdf. will not adopt a lower threshold for fuel the use of truck would require possible terminal 18 See, e.g., Expanding Access to Rate Relief, EP and petrochemicals at this time. storage and transloading, the measured distance for 665, slip op. at 13 (Sub-No. 2) (STB served Aug. 31, PCA states none of its members would meeting the established prima facie should be 2016) (stating that commodities at the five-digit lengthened on the sliding scale, to accommodate STCC level ‘‘would be similar enough’’ for ever be able to satisfy a 500-mile the expense and difficulties of transloading.’’ (Olin inclusion in a comparison group and that certain threshold for cement because shipping Comment 7; see also FRCA Comment 2.) These commodities, such as chemicals, may best be cement by truck becomes impracticable approaches are not fully explained or supported. compared at the seven-digit STCC level).

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mileage, such as 200 miles, for ‘‘high rail carrier only has a short portion of C. Absence of Intramodal Competition volume, heavy commodities’’ such as the overall move, its ‘‘behavior related The Board proposed a prima facie coal. (NCTA Comment 3.) WCTL to rate establishment becomes more factor that complainants demonstrate proposes that the Board eliminate any aggressive and pushes the line of what that there is no effective intramodal mileage threshold for unit train would be considered reasonable.’’ competition (i.e., whether the transportation of coal entirely, arguing (AFPM Comment 5–6.) AFPM also complainant can use another railroad or that it is not subject to competition from indicates that if only an individual other railroads to transport the same truck. (WCTL Comment 9–10.) It states carrier’s portion of the move is commodity between the same points). that it is not aware of any case where examined, it often would not meet the NPRM, EP 756, slip op. at 8. The Board the Board or ICC found that unit trains 500-mile threshold. (Id. at 6.) Similarly, explained that the complainant could of coal were subject to competition from FRCA argues that for short-haul rate satisfy this factor by submitting a truck, even in cases where the origin- cases involving transload shipments verified statement from an appropriate destination was far less than 500 miles. (i.e., shipments that move on rail for official of the complainant attesting that (Id.) 19 FRCA states that coal is seldom, only a portion of a move and are it does not have practical physical if ever, trucked more than 100 miles and access to another railroad. The Board cites to a 2007 research paper from the transferred to another mode of transportation for the remaining portion defined ‘‘practical physical access’’ as National Research Council of the encompassing feasible shipping of the move), the distance threshold National Academies, which states that alternatives on another railroad, should apply from origin to destination, coal is hauled by truck on average only including switching arrangements, 32 miles. FRCA argues that 50 miles rather than from origin to interchange. where ‘‘an alternative is possible from a would be a generous threshold. (FRCA (FRCA Comment 2.) practical standpoint given real-world Comment 2.) It is generally well- For purposes of the 500-mile constraints.’’ Id. (citing Total understood that when coal is shipped in threshold, the Board will treat multi- Petrochems., NOR 42121, slip op. at 4 significant quantities it is unlikely to be carrier movements the same as it does n.9.) shipped by truck. However, even if the for rate reasonableness challenges. See Only a few commenters addressed Board determined that a coal-specific Cent. Power & Light Co. v. S. Pac. this factor. The Coalition Associations threshold was warranted, there is not Transp. Co., 1 S.T.B. 1059 (1996), argue that the Board should abandon the enough information in the record to clarified, 2 S.T.B. 235 (1997), aff’d sub ‘‘practical physical access’’ standard determine what threshold should be set. nom. MidAm. Energy Co. v. STB, 169 and simply require complainants to Again, this is an issue that the Board F.3d 1099 (8th Cir. 1999) (addressing demonstrate that they do not have ‘‘direct’’ physical access. (Coalition may examine further in the proceeding when multi-carrier rates are subject to that it plans to initiate soon. Associations Comment 19–20.) In other challenge). In particular, whether a rate As described above, much of the words, the Coalition Associations argue (or rates) on a multi-carrier move are evidence submitted was either that the factor should not encompass anecdotal or limited to only a few subject to challenge would depend on reciprocal switching because, as shippers and did not include sufficient the type of rate being offered (joint demonstrated by testimony provided in data for the Board to draw a conclusion through rate or proportional rate) and Reciprocal Switching, Docket No. EP with regard to any particular commodity whether the rate (or rates) are subject to 711 (Sub-No. 1), the effectiveness of as whole. In its future consideration of tariff or contract.20 In addition, with reciprocal switching depends on the issue of commodity-specific regard to FRCA’s comment, the Board multiple factors under the railroad’s thresholds, the Board will expect will not make an exception to the way control, as well as the alternative proponents to support their arguments it assesses the 500-mile threshold for carrier’s willingness to compete. with more extensive data, beyond just a short-haul cases involving transload (Coalition Associations Comment 19– few examples, on shipping distances for shipments where the rail portion of the 20.) Along these lines, AFPM argues rail versus truck for that commodity. As move is 500 miles or less. As discussed that even in some situations where a for the CFS data relied on by CN, while further below, looking at market shipper has access to two carriers, some it was not granular enough to draw dominance from origin-to-destination carriers choose not to provide conclusions about the appropriate on transload moves (i.e., both the rail competitive offers. (AFPM Comment 6.) mileage threshold for specific and non-rail portions together) would be Therefore, AFPM seeks clarification of commodities, parties that seek to rely on contrary to statute and established the phrases ‘‘complete absence of it in the future proceeding should Board precedent. See infra Part IV railroad competition’’ and ‘‘feasible address that granularity issue and (subpart B, ‘‘DMIR Precedent’’). shipping alternatives.’’ (Id.) AFPM also whether adjustments could make its use Moreover, if the rail shipment is less seeks clarity and more detail on what is more suitable for this purpose. than 500 miles and can be transloaded, meant by ‘‘an alternative is possible from a practical standpoint given real- that may cast doubt on whether the 3. Multi-Rail Carrier and Transload world constraints,’’ as shippers and shipper lacks transportation options. In Shipments railroads view the terms ‘‘possible’’ and such instances, based on the record AFPM argues that the mileage ‘‘practical’’ differently. (Id.) AFPM also here, the question of market dominance threshold should be from origin to asks the Board to clarify what type of destination for multi-rail carrier moves. would be better determined through the documentation in support of this factor AFPM argues that a single carrier’s non-streamlined approach. would be acceptable and define or list portion of the move (i.e., from origin/ who it deems to be ‘‘appropriate destination to interchange) should not 20 Accordingly, if the rate (or rates) for the entire officials’’ that can submit the supporting origin-destination route are subject to challenge, the 21 be viewed in isolation, because when a mileage threshold would be judged against the verified statement. (Id.) mileage of the whole origin-destination route. 19 WCTL cites Metro Edison Co. v. Conrail, 5 Conversely, if only a part of the rate (or rates) for 21 AFPM and other parties seek similar I.C.C.2d 385, 413 (1989), in which the agency stated the origin-destination route are subject to challenge, clarifications (regarding the contents of verified that ‘‘[i]t is simply impractical to move [large] the mileage threshold would be judged against only statements and the identify of ‘‘appropriate volume[s] of coal by truck.’’ (WCTL Reply 2.) that portion of the route. officials’’) with respect to other prima facie factors

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The Board will adopt this factor as cases, a complainant would satisfy this determination of whether the prima proposed in the NPRM. The Coalition factor by submitting a verified statement facie factor regarding barge competition Associations essentially argue that from an appropriate official attesting has been met.23 Requiring, as proposed complainants should be able to satisfy that the complainant does not have in the NPRM, an attestation that the this factor even if they have access to practical physical access to barge complainant does not have practical another carrier through a reciprocal competition. physical access to barge competition switching arrangement. While the Some shippers and shipper groups (rather than adopting the specific existence of reciprocal switching may argue that the factor as proposed omits criteria proposed by the Coalition not necessarily mean that a shipper has clear evidentiary standards and that Associations) will ensure that a effective competitive options, it strongly requiring the complainant to file only a complainant has accounted for all types suggests a lack of market dominance. verified statement leaves complainants of barge arrangements before proceeding Accordingly, in such situations, a to guess how much evidence is enough under the streamlined market determination of market dominance to satisfy this factor. (Coalition dominance approach. Therefore, the would be better explored through the Associations Comment 14–15; Olin Board will adopt the proposal in the non-streamlined approach, in which the Comment 8; AFPM Comment 7.) The NPRM, under which complainants will shipper can present a full explanation as Coalition Associations argue that the be free to explain in their verified to why it believes there is market factor is indistinguishable from what statements when the situations dominance despite an existing must be shown in a non-streamlined discussed by the Coalition Associations reciprocal switching agreement. The market dominance inquiry. (Coalition exist and how those facts demonstrate same rationale holds for AFPM’s Associations Comment 14.) that this prima facie factor is met.24 assertion regarding a lack of competition Accordingly, these commenters propose that the Board adopt more specific E. 10% or Fewer of Recent Movements when there is direct physical access to by Truck two carriers. criteria regarding barge competition. For In response to the comments, the example, the Coalition Associations The Board proposed a prima facie Board provides the following propose that if the origin, destination, or factor that the complainant must have clarification regarding the application of both, are landlocked,22 this would shipped 10% or fewer of the movements this factor. The most obvious scenarios constitute an ‘‘objective measure[ ]’’ at issue by truck over the last five years. where there would be practical physical demonstrating that there is a lack of NPRM, EP 756, slip op. at 8–10. The access are where multiple carriers can barge competition. (Coalition Board found that if a complainant meets directly serve the complainant’s facility Associations Comment 15.) The this factor, it would be ‘‘reasonably or where the shipper’s facility is open Coalition Associations further propose likely to have persuasive arguments for to reciprocal switching. However, there that the factor would be satisfied if the why trucking does not provide effective could be other arrangements (such as complainant could show that the origin, competition, including customer haulage, terminal trackage rights, or destination, or both do not have barge contracts, product characteristics, and interchange agreements) that would facilities, or that they lack facilities price of the trucking alternative,’’ and allow for multi-carrier access and capable of handling the issue that the factor would therefore assist the therefore would constitute practical commodity. (Id. at 15–16; see also Olin Board in making a market dominance physical access. In some situations, Comment 8 (proposing that barge determination more expeditiously. Id. at practical physical access could also be competition requires an existing barge 9. However, the Board noted that there found despite the absence of any such facility); AFPM Comment 7 (same).) The were past cases in which it had found arrangement. For example, if a shipper Coalition Associations also propose that a lack of market dominance, even when has refused a rail carrier’s bona fide this factor would be met if the trucking volumes were less than 10%. offer to open a facility to reciprocal complainant could show that the origin Accordingly, as with the 500-mile switching but the offer still stands, that and destination are not located on threshold, the Board invited parties to comment on whether an alternative would likely be considered to fall interconnected navigable waterways. truck movement percentage should be within the definition of practical (Coalition Associations Comment 16.) used and to include detailed physical access. As such, the Board The Board will not adopt the quantitative and qualitative information would consider this evidence as part of modifications sought by the Coalition in support. Id. at 9–10. The Board its analysis as to whether this prima Associations and others but instead will received comments addressing the facie factor has been met. Leaving the issue the following guidance. The most necessity of the threshold, how the definition as proposed in the NPRM will obvious scenarios where there would be volume of traffic would be measured, help to ensure that a complainant has practical physical barge access are whether the percentage should be accounted for all types of intramodal where the origin and destination have changed, the appropriate lookback arrangements before deciding whether barge facilities that are capable of period, and routing issues. As discussed to use the streamlined market handling the issue commodity and are below, the Board will adopt this factor dominance approach. located on interconnected navigable waterways. Conversely, if the origin and with a clarification to the measurement D. Absence of Barge Competition destination are not located on of the threshold. The Board proposed a demonstration interconnected navigable waterways, or of the absence of barge competition as if they lack barge facilities capable of 23 In the latter scenario, to the extent that a handling the issue commodity, the practical build-out could create effective barge another prima facie factor. NPRM, EP competition, the Board would consider that option 756, slip op. at 8 (whether barge Board would consider these facts in its under the build-out factor, which, as discussed competition constrains market power). below, continues to be included as prima facie As with the intramodal competition 22 The Coalition Associations indicate that they factors under this final rule. define ‘‘landlocked’’ as ‘‘not located on a navigable 24 For this reason, and because, as discussed factor, the Board stated that, in most waterway.’’ (Coalition Associations Comment 15 below, the Board will not allow partial use of the (‘‘Barges would not be able to service traffic moving streamlined process, the Board will not adopt Olin’s proposed by the Board. All such comments are to or from a landlocked facility, which would proposal to allow a partial non-streamlined market discussed below in Part III (subpart C, ‘‘Disclosures encompass any facility that is not located on a dominance presentation for the barge factor. (See and Verified Statements’’). navigable waterway.’’).) Olin Comment 8–9.)

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1. Whether To Remove the 10% 3. Percentage factors other than competition.’’).) In Threshold Shippers and shipper interests argue addition, the shippers’ arguments seem AFPM and MillerCoors argue that this that the Board should raise the to be premised on the notion that factor undermines the goal of the percentage for this factor from 10% to service issues are inevitable and will streamlined approach and should be up to 25%. (Coalition Associations undoubtedly cause an increase in truck discarded. (AFPM Comment 8; Comment 10 (proposing 20%); ISRI volumes. But that may not always be the MillerCoors 13.) AFPM claims that the Comment 9 (same); Olin Comment 9 case. Raising the threshold to 25% factor is ‘‘redundant and excessive’’ (same); FRCA Comment 2 (same); NCTA could lead to successful prima facie showings of market dominance by because the mileage-threshold factor Comment 3 (same and proposing that shippers who have moved a significant alone serves as a sufficient basis for the Board use a higher percentage for portion of their traffic by truck simply assessing the competitiveness of truck. ‘‘high volume, heavy commodities’’ in the ordinary course of business. (AFPM Comment 8; see also such as coal); NGFA Comment 5 Commenters have not established why a MillerCoors 13.) MillerCoors claims that (proposing 20–25%); PCA Comment 2 threshold greater than 10% is necessary analysis of this factor could be (proposing 25% for all shippers or to account for service problems or other extremely complex, and inclusion of the determined on an industry-by-industry issues that may cause a complainant to factor would negatively affect RTP basis using the unique characteristics use truck in some instances, even goals. (MillerCoors Comment 13, 14– for that industry).) These commenters, though truck does not provide effective as well as USDA, generally argue that a 16.) competition. The Board disagrees. The purpose of 10% threshold is too low because issues The streamlined approach is intended the market dominance analysis is to such as the need for expedited for situations where market dominance assess whether there is effective shipments, rail service delays, and force can be demonstrated without the need competition for the transportation to majeure events may force shippers to for extensive evidence or explanation.25 which the rate applies, 49 U.S.C. use truck, pushing their trucking If a shipper cannot meet the 10% 10707(a), and, therefore, the volume that volume higher despite the existence of threshold due to service problems, high a shipper moves by another mode of market dominance. (Coalition rail rates, or other issues, but believes it transportation is one of the key Associations Comment 10; PCA is subject to market dominance, it may indicators. The 500-mile threshold, Comment 2; USDA Comment 9; NCTA still seek to prove its case through a although also intended to help Comment 3; FRCA Comment 2; PCA non-streamlined market dominance determine whether a movement has Comment 2.) NCTA also suggests that a analysis, which may explore these sorts competitive trucking options, is higher percentage is warranted to of fact-specific issues. The impact of insufficient in and of itself. If a shipper account for situations where shippers service issues, in particular, may not be with movements over 500 miles shipped resort to truck due to high rail rates. clear-cut, as there could be genuine a significant portion of its traffic by (NCTA Comment 3; see also FRCA disputes between a shipper and rail truck, it would not be reasonably likely Comment 2 (arguing that that a shipper carrier as to whether such issues in fact to lack effective competition. Finally, should not be required to meet this existed or, if they did exist, whether although MillerCoors argues that the factor if it can show a diversion they caused a conversion of traffic from factor should be eliminated because it occurred because of rail service rail to truck. These types of disputes are would require complex analysis, inadequacies or high rates).) AAR not appropriate for the streamlined shippers that cannot satisfy the prima disputes that higher trucking approach. facie factors continue to have the option percentages may indicate market UP argues that the 10% threshold is of using the non-streamlined market dominance, calling it ‘‘flawed logic.’’ not supported by empirical evidence. It dominance approach. (AAR Reply 5–6.) suggests that ‘‘the Board seek empirical UP suggests that the NPRM proposed 2. Volume of Traffic evidence and set higher hurdles, so the too high a threshold and argues that the presumptions better assist shippers in A few commenters interpreted the Board did not provide any empirical identifying situations in which market NPRM as proposing that the trucking support for the 10% threshold, and that dominance is not likely to be volume threshold would be measured the Board also acknowledged that it has contested.’’ (UP Comment 12.) As part based on the number of movements. found effective competition where of the NPRM, the Board specifically (NGFA Comment 5; Olin Comment 9; complainants shipped a smaller share of sought evidence to support alternative Coalition Associations Comment 9, ISRI traffic by truck. (UP Comments 12.) UP thresholds. See NPRM, EP 756, slip op. Comment 9.) Those commenters argues that the Board should seek at 9–10 (‘‘The Board invites public correctly point out that volume would empirical evidence and set higher commenters to include detailed be the more appropriate measure. (Id.) hurdles to a showing of streamlined Although the Board used the term market dominance. (Id.) 25 Some commenters propose alternatives to ‘‘movements’’ in the NPRM, it intended The Board will adopt the 10% meeting this threshold under certain circumstances. that this factor would be measured threshold. The Board acknowledges that (See Coalition Associations Comment 11 (proposing based on volume, specifically, overall in certain situations, certain events, a two-tiered threshold in which this factor would such as service issues, may cause truck also be satisfied if trucks are used for 10–20% of tonnage. Volume is indeed the better volume at truck rates that exceed rail rates by more measure, as rail and truck shipments are volumes to increase. However, because than 10%); FRCA Comment 2 (proposing that the not comparable for purposes of volumes would be measured over a five- factor would be satisfied if complainant can show measuring quantity of traffic, given that year period, any short-term spike in a diversion to truck occurred because of rail service truck volumes would likely even out inadequacies or high rates); NGFA Comment 6 one rail shipment is generally equal to (proposing that the factor would be satisfied if multiple truck shipments. The Board over the course of the five-year lookback complainant demonstrates that trucks do not will clarify the final rule in § 1111.12(a) period, a point that the Coalition provide effective competition for a specific by replacing ‘‘10% or fewer of its Associations acknowledge. (Coalition movement).) However, these proposals would be Associations Comment 11 (‘‘This time contrary to the Board’s goal of simplification and movements’’ with ‘‘10% or less of its would be better explored through a non-streamlined volume (by tonnage).’’ See Final Rule frame is essential to smooth out spikes market dominance analysis. See NPRM, EP 756, slip below. in truck volume that occur due to op. at 7.

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quantitative and qualitative information PRFBA argues that five years is too long NGFA also argues that the Board in support of any alternative truck and instead proposes two years. (PRFBA should amend this factor to clarify that movement percentage threshold.’’). Comment 1.) NGFA argues that the the threshold applies to the origin- However, commenters provided Board should use a five-year ‘‘Olympic destination pair of the rate being insufficient evidence to support an average,’’ in which the highest and challenged. (NGFA Comment 5.) For alternate threshold,26 and the Board lowest years are dropped from the reasons discussed in Part IV (subpart B, finds that 10% is an appropriate level at average. It claims that this would ‘‘DMIR Precedent’’), under existing which to set the truck volume threshold. eliminate one-year anomalies that may Board precedent, the Board only The Board explained in the NPRM that skew the average. (NGFA Comment 5– considers the portion of the shipment complainants that meet this factor 6.) As noted, the Coalition Associations moving by rail pursuant to a tariff. As ‘‘despite rates with high R/VC ratios and support using a five-year period. such, the Board would apply this factor the absence of intramodal and barge (Coalition Associations Comment 11.) to the entire origin-destination route competition, are reasonably likely to The Board will adopt the five-year only if the rate (or rates) subject to have persuasive arguments for why period. The two-year period proposed challenge are also for the entire origin- trucking does not provide effective by PRFBA is too short to capture a long- destination route. The Board therefore competition, including customer term trend in truck volumes or allow declines to adopt NGFA’s proposed contracts, product characteristics, and temporary fluctuations in volumes to change. price of the trucking alternative.’’ even out. Although NGFA’s proposal NPRM, EP 756, slip op. at 9. Moreover, would exclude periods where service F. No Practical Build-Out Option even shippers in a highly uncompetitive issues may have caused a complainant The Board proposed that a situation may, at times, need to rely on to rely more heavily on truck, as noted, complainant would have to satisfy a truck moves, so the threshold must use of a five-year period based on a prima facie factor that there is no allow some truck movement. UP does simple average of tonnage would be practical build-out option. As explained not call either of these premises into sufficient to reduce the impact that any in the NPRM, the term ‘‘build-out’’ has question. Setting the truck volume such periods could have on trucking been used by the agency to refer to threshold lower than 10% would likely volume percentage. possible competitive alternatives that render the streamlined market could be accessed if the complainant 5. Routing Issues dominance approach unavailable to makes certain infrastructure shippers that are reasonably likely to The Coalition Associations also investments. NPRM, EP 756, slip op. at lack effective competitive options but propose that transload shipments count 10. This would again be demonstrated must resort to truck on rare occasions. toward truck volume only if the by a short plain statement in a verified On the other hand, setting the threshold defendant railroad does not participate statement from an appropriate official, higher than 10% could permit a shipper in the route. They argue that if the or other means, that the complainant that chooses to ship a significant portion defendant railroad participates in the has no practical build-out option due to of its freight by truck in the ordinary route, then that transload shipment is physical, regulatory, financial, or other course of business, and is therefore not serving as a potential constraint on issues (or combination of issues). much less likely to lack effective the defendant railroad. (Coalition Some shippers and shipper groups competitive options, to nevertheless Associations Comment 11.) The Board argue that the build-out factor is too make a prima facie showing of market finds that transload shipments should complicated and should be eliminated dominance. In addition, the Board be included as part of the trucking entirely. Citing several cases,30 SMA, reiterates that the truck volume volume calculation, as long as the MillerCoors, Indorama, and IMA–NA all threshold is just one of two prima facie transload shipment is serving the same argue that, in the past, these factors, along with the 500-mile origin-destination pair as the rate that is hypothetical build-out options have threshold, that would be used to being challenged and involves a railroad become overly burdensome to shippers evaluate trucking competition. The two other than the defendant. For example, and have been extremely difficult to prima facie factors in tandem will serve if the rate at issue is for origin A to resolve. (SMA Comment 11; MillerCoors as a sufficient screen to identify destination B, but there is a transload Comment 12–13; Indorama Comment movements that are reasonably likely to option where another railroad moves 11; IMA–NA Comment 11.) They argue lack effective trucking competition. traffic from A to interchange X and the traffic is then trucked from X to B, that by rail from origin A to interchange B, and then by 4. Lookback Period trucking volume should be included,28 truck from interchange B to destination C. Suppose also that there is an alternate routing in which the As noted, the Board proposed in the because the transload option would be traffic could move by rail from origin A to NPRM that volumes would be directly competing with the railroad- interchange X, and then by truck from interchange considered over the previous five only option, even if the defendant X to destination C. In that scenario, the alternate years.27 Only a few commenters address railroad itself is part of the transload transload routing (A–X–C) would not match the rate at issue (A–B) and therefore should not be included whether this is a sufficient period. routing. Conversely, the trucking in the truck volume. Although the alternate volume from a transload routing should transload option (A–X–C) might be serving as a 26 ISRI was able to obtain some data from three not be included if the origin-destination competitive alternative to the whole-route (A–B–C), of its members for a three-year period. For their top pair does not match the route of the rate for reasons explained in Part IV (subpart B, ‘‘DMIR volume lanes, these shippers state that they used 29 Precedent’’), the Board’s current precedent is to not trucks for 15%, 22%, and 29% of their shipping at issue. consider such whole-route options in the market volume, respectively. ISRI acknowledges that this is dominance analysis and whether to overturn such a small sample. (ISRI Comment 9–10.) 28 The same would be true if the routing were precedent is outside the scope of this proceeding. 27 The Board notes that volume for purposes of reversed, in that the traffic is trucked from origin 30 Consumers Energy, NOR 42142, slip op. at 295– this factor would be based on the cumulative A to interchange X, and then railed from X to 96; Seminole Elec. Coop. v. CSX Transp., Inc., NOR tonnage over the five-year period. Although not destination B. 42110 (STB served May 19, 2010); Tex. Mun. Power specifically addressed in the NPRM, no party raised 29 This would include instances in which the rate Agency v. Burlington N. & Santa Fe Ry., 6 S.T.B. any concern in the comments over how the measure at issue is part of a broader transload routing and 573, 584 (2003); W. Tex. Utils. Co. v. Burlington N. over the five-year period would be calculated. The there is an alternate whole-route option. For R.R., 1 S.T.B. 638, 651 (1996), aff’d sub nom. Board will therefore adopt this clarification as part example, suppose the rate at issue is part of a Burlington N. R.R. v. STB, 114 F.3d 206 (D.C. Cir. of the final rules. broader transload routing in which the traffic moves 1997).

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that a rate that is competitive due to a Associations are that a build-out would was effective competition through a potential build-out is unlikely to be be physically or economically infeasible barge/build-out combination, where the challenged and, even if challenged, is if it: (a) Would be longer than two complainant would have needed to unlikely to be disturbed. (SMA miles; 32 (b) would require the construct an unloading dock and a Comment 13; MillerCoors Comment 14; acquisition or condemnation of conveyor belt build-out to transport coal Indorama Comment 13; IMA–NA developed property in residential, from the dock to its facility. (CSXT Comment 13.) They further argue that industrial, or commercial areas; 33 or (c) Reply, II–24 to II–33, Seminole Elec., eliminating the build-out factor would would traverse waters of the U.S. that Jan. 19, 2010, NOR 42110.) Although the be consistent with provisions of the are under the jurisdiction of the United parties in that proceeding settled before 34 RTP, as well as the Congressional States Army Corps of Engineers. the Board could issue a decision, the In response, UP contends that the directive in the Railroad Revitalization Board held an oral argument specifically Coalition Associations are seeking more & Regulatory Reform Act of 1976, Public on the issue of market dominance in the Law 94–210, section 202(d), 90 Stat. 31, than clarifications, and instead asking rate proceeding, suggesting that the 36, that the market dominance the Board to ‘‘adopt presumptions for build-out issue required close procedures be easily administrable. resolving factual disputes about the examination. Oral Argument, EP 693, (SMA Comment 12–14; MillerCoors existence of effective competitive Comment 14–16; Indorama Comment alternatives.’’ (UP Reply 3.) It states that slip op. at 1–2 (STB served May 19, 12–14; IMA–NA Comment 12–14.) ‘‘the mere satisfaction of a prima facie 2010). Additionally, in merger cases, AFPM states shippers and railroads will factor should not itself be sufficient shippers often ask for conditions to have very different ideas of what where a railroad offers actual evidence preserve the competition that they claim constitutes ‘‘physical, regulatory, that a competitive alternative provides exists due to their potential to build out financial, or other issues’’ that could effective competition.’’ (Id. at 3–4.) to a competing carrier. See, e.g., Norfolk serve as obstacles to resolving whether BNSF notes that in some instances its S. Ry.—Acquis. & Operation—Certain a build-out option exists.31 (AFPM rates have been constrained by the Rail Lines of Del. & Hudson Ry., FD Comment 8; see also PRFBA Comment potential for a build-out. (BNSF Reply, 35873 et al., slip op. at 33–35 (STB 2.) Although they do not advocate V.S. Miller 17.) served May 15, 2015); Genesee & Wyo. eliminating this factor, the Coalition In rate cases, railroad arguments that Inc.—Control—RailAmerica, Inc., FD Associations note that the Board has potential build-outs are available can 35654, slip op. at 5–6 (STB served Dec. never found that a potential build-out significantly complicate market 20, 2012); Canadian Nat’l Ry.— constitutes effective competition. They dominance presentations. NPRM, EP Control—EJ&E W. Co., FD 35087 et al., further claim that any feasible build-out 756, slip op. at 10. However, here the slip op. at 13–14 (STB served Dec. 24, opportunity in a given case likely will Board seeks to increase simplicity, 2008). have been the subject of a feasibility expediency, and efficiency in rate cases Shippers also argue that if the study or communicated to the railroad (see 49 U.S.C. 10101(2) and (15)) while railroad’s rate is effectively competitive in rate negotiations in any event. at the same time allowing competition due to a build-out, a shipper is unlikely (Coalition Associations Comment 17.) and the demand for services to establish to challenge the rate. But a shipper and Some shipper groups also take issue reasonable rates for rail transportation railroad may have different views of the with aspects of the build-out factor. The (see 49 U.S.C. 10101(1)). Build-out practicality of a build-out option and Coalition Associations argue that it is options can serve, and sometimes have therefore whether the rate is effectively ‘‘confusing and appears to do little to served, as a constraint on railroad competitive. See Oral Argument Tr. reduce a complainant’s burden’’ and pricing. For example, in Seminole 10:12–15, June 30, 2010, Seminole Elec., that the ‘‘scope of evidence necessary to Electric Cooperative v. CSX NOR 42110 (complainant asserting that demonstrate the factor is unclear.’’ (Id. Transportation, Inc., Docket No. NOR at 16.) In particular, they assert that it 42110, the defendant argued that there threat of build-out option did not affect is not clear if the complainant can defendant carrier’s pricing); id. at satisfy the factor simply by making an 32 The Coalition Associations argue that build- 57:15–20 (defendant carrier asserting assertion in the verified statement, or outs exceeding two miles are generally cost- that potential build-out option had whether the complainant must also prohibitive. They base this claim on an analysis of caused it to offer a lower rate); see also Road Property Investment (RPI) costs from some of Tex. Mun. Power Agency v. Burlington submit some explanation and the Board’s Full-SAC rate cases. According to the supporting evidence. (Coalition Coalition Associations, their analysis shows that a N. & Santa Fe Ry., 6 S.T.B. 573, 583– Associations Comment 16–17; see also two-mile build-out would cost over $4 million, 84 (2003), recon. granted in part, 7 AFPM Comment 9.) The Coalition which would be greater than the relief in small rate S.T.B. 803 (making minor adjustments cases or the litigation costs of large rate cases. to rate prescription). Because the Board Associations point out that if a (Coalition Associations Comment 17–18.) Similarly, complainant does have to submit FRCA supports the idea of a dollar limit on the cost already considers whether build-outs evidence, then this factor is really no of the build-out. (FRCA Comment 2.) In addition, are an effective form of competition, different than what must be shown in a USDA states that the Board could be more explicit they should remain part of the market non-streamlined market dominance about delineating at what distance a build-out is a practical, effective constraint. (USDA Comment 10.) dominance analysis in the streamlined presentation. (Coalition Associations 33 The Coalition Associations claim the high cost approach. Comment 17.) Accordingly, the for land acquisition in such areas is supported by The streamlined approach should Coalition Associations again propose data provided by the RRTF Report. (Coalition help eliminate overly costly and ‘‘objective standards’’ that could be used Associations Comment 18–19.) AFPM agrees that a shipper’s ability to access land and obtain required complex litigation in cases where build- to satisfy the build-out factor. The permits for a build-out introduces too much out options are clearly impractical. In standards proposed by the Coalition uncertainty, though it supports simply eliminating cases where a railroad argues that there this factor entirely rather than creating a more 31 In addition, NTU offers a general suggestion specific criterion. (AFPM Comment 9.) are practical build-out options, the that the Board work with other governmental 34 The Coalition Associations argue that such procedural constraints that are part of agencies to reduce regulatory barriers to build-outs. build-outs would go through wetlands and thus the streamlined approach—including (NTU Comment 4–5.) NTU does not, however, require expensive infrastructure and be subject to page limits on filings and the propose any modification to the proposed costly environmental review and mitigation. regulations. (Coalition Associations Comment 19.) complainant’s option to utilize a hearing

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before an ALJ 35—should help ensure shipper submit a verified statement G. Other Proposed Factors and that the complexity and cost of litigating explaining why build-outs are not Approaches the practicality of those options remains practical is the better course. In addition to the prima facie factors reasonable. The ALJ hearing option Commenters have raised concerns could be particularly useful in cases proposed by the Board, some over the level of detail about potential commenters proposed additional where a railroad challenges whether build-outs that must be included in the there are physical, regulatory, financial, factors. Some commenters also offered verified statement. In the NPRM, the variations of the streamlined market or other issues (or a combination of Board stated that the verified statement issues) preventing a build-out, as the dominance approach. should explain in a ‘‘short plain ALJ could directly question those statement’’ that it has no build-out 1. Absence of Pipeline Competition assertions and challenge any potentially options due to ‘‘physical, regulatory, frivolous claims. In this way, the Board financial, or other issues (or AAR, UP, and BNSF state that the intends to achieve an appropriate combination of issues).’’ NPRM, EP 756, Board should include lack of pipeline balance between the competing RTP competition as a prima facie factor. factors of allowing, to the maximum slip op. at 11. As noted, because this factor is intended to ‘‘limit the (AAR Comment 10; UP Comment 12 extent possible, competition and the n.4; BNSF Comment 14–15). BNSF demand for services to establish evidentiary burden and simplify the requirement for complainants,’’ id., argues that pipelines can be a constraint reasonable transportation rates, see 49 on its rates and states that products such U.S.C. 10101(1), while still maintaining complainants need not provide supporting evidence, such as any as crude oil, propane, and other refined reasonable rates where there is an petroleum products often move by rail absence of effective competition, see 49 studies undertaken or other documentation, as part of their or pipeline. (BNSF Comment 14.) The U.S.C. 10101(6). Coalition Associations state that they do As an initial matter, the Board submission to the Board. However, the not object to adding a pipeline factor. clarifies that the practical build-out complainant must provide more than a (Coalition Associations Reply 28.) No factor is not limited only to potential conclusory statement that a build-out is other party addressed this issue. rail expansions, as the Coalition not practical by simply citing to one of Associations seem to imply. (See the barriers listed by the Board without The Board agrees that there may be Coalition Associations Comment 17–18 further explanation. In requiring a short circumstances where pipelines could (proposing a presumption that build- plain statement, the Board anticipates serve as a competitive transportation outs longer than two miles are infeasible that the complainant’s official would alternative to rail. Adding a factor to based on costs per track mile).) In the describe, in a page or two, what the account for pipeline competition should NPRM, the Board stated that build-outs physical, regulatory, financial, or other not be burdensome: Only certain ‘‘refer to possible competitive issues are that make a build out commodities can move by pipeline and, alternatives that could be accessed if the impractical. For example, in an in most cases, it should not be difficult complainant makes certain especially obvious scenario, if a shipper to determine whether a facility has infrastructure investments.’’ NPRM, EP satisfies the other factors and is located practical physical access to pipeline 756, slip op. at 10. As such, any 50 miles from the nearest waterway, rail competition. Moreover, no commenter alternative option that would require an line, or pipeline,36 an official might has objected to inclusion of pipeline infrastructure investment should be explain that, because of the physical competition as a consideration in the considered as part of this factor, location of the complainant’s facility streamlined approach. regardless of the transportation mode, as and the disproportionately high costs to Accordingly, the Board will adopt an it is in a non-streamlined market construct infrastructure to cover this additional prima facie factor stating that dominance analysis. For example, any distance, build-out options are not the complainant must demonstrate that potential barge alternative that requires practical. there is no pipeline competition as part infrastructure investment should be Under the streamlined approach, a of its prima facie showing under addressed by the complainant under the more detailed explanation should not be § 1111.12(a).38 See Final Rule below. As build-out factor, not the barge necessary, as the impracticality of the with intramodal, barge, and build-out competition factor. options, a complainant can demonstrate The Board finds that it would be build-out options should be clear from that this factor is met through a verified inappropriate to presume that a build- the verified statement. However, statement from an appropriate official out option is not practical in the specific complainants must remember that if the that the complainant does not have scenarios suggested by the Coalition practicality of a build-out option is not practical physical access to pipeline Associations; instead, those scenarios clear and it elects to use the streamlined competition. When addressing why must be evaluated on a case-by-case approach, it runs the risk that the there is no practical physical access to basis. While the Coalition Associations railroad may challenge whether the pipeline competition in the verified argue that a build-out option that build-out factor has been satisfied on statement, the complainant must ensure exceeds two miles in length would cost reply. In that instance, the complainant it has accounted for all types of pipeline at least $4 million and therefore be cost- would have to defend why that build- 37 access. In addition, because pipelines prohibitive, there may be situations out option is not practical on rebuttal. will be considered part of the market where the cost of a two-mile build-out 36 dominance analysis, a shipper must would be viable given the amount in As discussed below, the Board is adding the absence of pipeline competition as an additional address whether it has practical dispute. For example, if the shipper is prima facie factor. pipeline build-out options as part of the seeking rate relief of $200 million over 37 AAR asks the Board to clarify what information build-out factor. a 10-year period, then a $4 million must be contained in the proposed verified build-out may not be a cost-prohibitive statement from shippers and specifically requests that complainants be required to disclose what 38 As the Board has stated with respect to the alternative. Accordingly, having the steps it has taken to evaluate build-out options and intramodal and barge competition factors, submit all studies it has undertaken. (AAR consistent with 49 U.S.C. 10707(a), the pipeline 35 Page limits and the ALJ hearing are discussed Comment 11.) This request is addressed in Part III competition factor also relates to the absence of below, in Part III. (subpart C, ‘‘Disclosures and Verified Statements’’). effective competition.

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2. Rate Benchmarking account for various alternative modes of 4. ‘‘A` la Carte’’ Approach As discussed above, the TRB transportation and would be strong The Coalition Associations propose a Professors contend that R/VC ratios are indicators where market dominance is variation on the streamlined approach, unreliable due to flaws in URCS but reasonably likely. Adopting a which they refer to as an ‘‘a` la carte’’ acknowledge that the Board cannot benchmarking factor, which would approach. (Coalition Associations replace that requirement because it is require significant resources to develop, Comment 7–8.) According to the mandated by statute. As a result, they would therefore not add sufficient value Coalition Associations, each of the recommend that the Board supplement in this instance. The Board will proposed prima facie factors ‘‘falls the R/VC ratio requirement by adding a therefore not incorporate benchmarking neatly within one of the three modal prima facie factor that uses rate into the streamlined market dominance elements of qualitative market benchmarking, similar to a concept that approach. dominance: The 500-mile and 10% they recommended in the TRB Report.39 3. R/VC Ratio Approach trucking factors address only the truck They claim that using rate competition element; the intramodal benchmarking would provide an A few commenters propose that, and build-out factors address only the indicator of railroad market power rather than rely on the proposed factors, intramodal competition element; the superior to R/VC ratios derived from the Board adopt a streamlined market barge factor addresses only the barge URCS. (TRB Professors Comment 4.) dominance approach in which a competition element.’’ (Id. at 8.) USDA also advocates use of a complainant may make a prima facie Therefore, the Coalition Associations competitive benchmarking factor, showing by establishing that a argue that a complainant should not be though it goes further by proposing that movement has an R/VC ratio over a prevented from using a prima facie the Board replace all the prima facie certain level. (PRFBA Comment 1 factor related to one modal element due factors with benchmarking (except for (proposing an R/VC ratio greater than to its inability to satisfy a prima facie the R/VC of 180%-or-greater factor, the Board’s annual Revenue Shortfall factor related to a different modal which is statutorily required).40 (USDA Allocation Methodology (RSAM) element. (Id.) Instead, the Coalition Comment 10–11; see also Farmers calculation as floor to show market Associations propose that complainants Union Reply 4–5 (supporting USDA dominance); AFPM Comment 5 be permitted to demonstrate the prima proposal).) Dr. Ellig opposes USDA’s (proposing either 280% or RSAM as facie factors for as many modal elements proposal to replace the prima facie floor); USDA Comment 11 (proposing as possible and submit more extensive factors with benchmarking, arguing that 200% as floor); see also Farmers Union evidence to demonstrate market it could lead to findings of market Reply 4, 5.) AFPM argues that this dominance for any remaining modal dominance where shippers do in fact process would quickly and clearly show elements. (Id.) UP contends that the ‘‘a` have competitive options. (Ellig Reply whether a rail carrier is market la carte’’ streamlined approach is not a 4.) Dr. Ellig instead proposes that the dominant. (AFPM Comment 5; see also logical outgrowth of the NPRM. It also Board first determine if rates are above USDA Comment 11 (arguing the process argues that the approach is no different a benchmark threshold (which would would be accessible and than what happens in practice today, in need to be determined by the Board). If straightforward).) 41 that parties generally focus their the rate is above that benchmark The Board will reject proposals to use evidence on realistic competitive threshold, the Board could then conduct an R/VC ratio in lieu of specific factors. alternatives. (UP Reply 3.) a streamlined or non-streamlined These commenters do not provide The Board declines to adopt the ‘‘a` la market dominance inquiry. (Id. at 4.) support for the R/VC ratios that they carte’’ approach at this time. The The Board declines to adopt a have selected as threshold R/VC levels. Coalition Associations’ proposal does benchmarking approach similar to that Moreover, an R/VC ratio above 180%, not explain the procedural rules that it proposed by the TRB for purposes of the by itself does not indicate clearly believes would apply to the ‘‘a` la carte’’ streamlined market dominance whether the complainant lacks effective approach and regardless, the Board has approach. The Board finds that the competition from other modes of concerns about how this proposal prima facie factors that it is adopting transportation. The Board also finds that would work in practice. Moreover, this it would not be reasonable to base a approach could add complexity to the 39 The TRB Professors state that ‘‘[m]any rail rates market dominance finding on a single market dominance analysis, with some are now competitively determined, and those rates can be used as benchmarks in rate review factor. See McCarty Farms v. Burlington factors being presented under the proceedings.’’ (TRB Professors Comment 2.) A more N. Inc., 3 I.C.C.2d 822, 832 (1987) streamlined approach and others being detailed discussion of rate benchmarking as (‘‘[E]vidence that rail revenues presented under the non-streamlined proposed by the TRB Professors is available in substantially exceed costs by itself does approach. For these reasons, the ‘‘a` la Chapter 3 of the TRB Report. not indicate market dominance. . . .’’). carte’’ approach will not be adopted 40 USDA further argues that the prima facie factors are flawed because the ‘‘fact that a shipper here. has alternative options at a given rail price does not 41 USDA notes while this process might be overly mean that the railroad has no market power in inclusive, it is better for the Board to err on the side 5. Product and Geographic Competition setting that price. A market dominant railroad will of ‘‘false positives,’’ which it describes as an AAR, UP, and BNSF all argue that the set its price just below the price of the alternative instance in which a railroad is found to be market option, say trucking, but the price of trucking may dominant when it is not, while a ‘‘false negative’’ streamlined approach should include a still be significantly above the railroad’s cost of the is when a railroad is found not be market dominant factor that would take into account move. Thus, even though trucking is a substitute for when it is. (USDA Comment 11.) USDA states that, product and geographic competition. rail at the railroad’s set price, the railroad could still in cases of false positives, the merits case on rate (AAR Comment 10; UP Comment 13; be market dominant.’’ (USDA Comment 10.) The reasonableness still serves as a safeguard against the prima facie factors are intended to identify those railroad having to pay rate relief. (USDA Comment BNSF Comment 12–13.) AAR argues cases where market dominance is clear on its face. 8, 11.) But the availability of the non-streamlined that the Board should add a factor to In the cases identified by USDA, where rail is market dominance approach for a shipper that has limit the streamlined approach to priced just below the non-competitive trucking rate, the potential of getting a false negative (i.e., a instances where the shipper has the shipper still has the option of utilizing the non- shipper who is ineligible to use the streamlined streamlined market dominance approach, in which market dominance approach) eliminates the shipped more than a significant it can explain why trucking may not be competitive concern associated with quantitative false positives percentage (e.g., 75%) of the commodity with rail. and false negatives. at issue to the destination in the case.

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(AAR Comment 10.) BNSF proposes that (‘‘[A]nalyzing and adjudicating a Comment 13.) UP also claims that the shippers would submit a certification contested allegation of indirect Board cites no evidence that any that there is no product or geographic competition is rarely straightforward shipper who might file a Full-SAC case competition by a knowledgeable shipper and would require a substantial amount has been dissuaded by the cost of business representative and that of the Board’s resources to examine addressing market dominance. (UP railroads would submit evidence of matters far removed from its Comment 14.) UP also disagrees with product or geographic competition on transportation expertise and to the Board’s conclusion that shippers are reply. (BNSF Comment 13.) The TRB determine if indirect competition at a disadvantage in addressing market Professors also recommend, as they did effectively constrains rates to reasonable dominance on opening, noting that the in the TRB Report, that the Board allow levels. . . .’’).42 shipper knows more about its evidence on product and geographic transportation alternatives than the competition. They state that excluding Part III—Procedural Issues railroad. UP claims the streamlined potentially relevant evidence puts A. Applicability to Different Rate approach would also encourage fairness and accuracy at risk. (TRB Reasonableness Methodologies wasteful litigation by allowing shippers Professors Comment 3–4.) to file cases with low up-front costs and The Coalition Associations, ISRI, and AAR, BNSF, and UP argue that the impose the costs of developing market WCTL oppose including product and streamlined approach should be limited dominance evidence on railroads. (UP geographic competition as part of the to only smaller rate cases. AAR would Comment 14.) streamlined approach and argue that the limit the streamlined approach to Shipper interests disagree with proposals to do so do not address the smaller-value cases challenged under requests to limit the applicability of the difficulties that led the Board to the simplified procedures and cases streamlined approach. NGFA argues eliminate these factors, as noted below. with fewer than 10 origin/destination there is no basis for the limitation on the (Coalition Associations Reply 31–34; pairs, arguing that, consistent with the streamlined approach proposed by ISRI Reply 3–4; WCTL Reply 2–3.) The Board’s stated goals, the Board should AAR. NGFA asserts that the streamlined Coalition Associations also argue that implement the streamlined market market dominance approach should be there is no need to add product and dominance procedures only in cases available for use by any complainant geographic competition because a where the cost of a full presentation is filing a rate case. (NGFA Reply 9.) The ‘‘shipper is unlikely to challenge a rate not warranted due to the value or Coalition Associations dispute BNSF’s that is effectively constrained by complexity of the case. (AAR Comment claim that large shippers can leverage product and geographic competition 7.) BNSF expresses concern that the competitive movements to protect because the cost of challenging the rate streamlined approach would against unreasonable rates and argue is high compared to the potential oversimplify the market dominance that the streamlined approach should be relief.’’ (Coalition Associations Reply analysis of a complex case involving a available to large shippers. (Coalition 34.) large shipper, and therefore proposes a Associations Reply 12–14 (arguing that The Board will reject the proposals to 1,000 carloads-per-year cap for shippers railroads are usually willing to lose add a product and geographic to be able to use the streamlined competitive traffic rather than lower the competition component to the approach, though it notes that other rate on their non-competitive traffic).) streamlined approach. The Board has caps based on revenue or market share The Coalition Associations also found that ‘‘the time and resources could work as well. (BNSF Comment challenge UP’s assertion that shippers required for the parties to develop, and 10–11, BNSF Reply, V.S. Miller 16–17.) are not dissuaded from bringing Full- for [the Board] to analyze, whether it BNSF claims that, in its experience, SAC cases because of the costs would be feasible for a shipper to ‘‘[o]nce a shipper’s volume exceeds associated with the market dominance change its business operations (by 1,000 carloads, the shipper’s leverage inquiry. (Coalition Associations Reply changing its suppliers, customers, or with a rail carrier changes’’ and that 10–12.) They argue that unnecessary industrial processes) so as to avoid such shippers have ‘‘multiple ways to litigation burdens are a problem in Full- paying the challenged rail rate can be exercise market power,’’ such as SAC cases because the high cost of a inordinate.’’ Mkt. Dominance through commercial discussions and non-streamlined analysis reduces any Determinations—Prod. & Geographic negotiations. (BNSF Reply, V.S. Miller relief the complainant might win. Competition (Mkt. Dominance 1998), 3 16–17.) UP states that it does not object Conversely, ‘‘[w]hen complainants lose, S.T.B. 937, 948 (1998) remanded sub to use of the streamlined approach for it is a multimillion-dollar penalty for nom. Ass’n of Am. R.Rs. v. STB, 237 Simplified-SAC or Three-Benchmark making a good-faith claim.’’ (Id. at 11 F.3d 676 (D.C. Cir. 2001), pet. for review cases, but it does object to its use in (footnote omitted).) The Coalition denied sub nom. Ass’n of Am. R.Rs. v. Full-SAC cases.43 (UP Comment 1–2.) Associations also dispute UP’s claim STB, 306 F.3d 1108 (D.C. Cir. 2002). The UP argues that the streamlined approach that the cost to shippers of preparing goal of the streamlined market would not save time in Full-SAC cases, initial market-dominance evidence will dominance approach is to reduce the as market dominance and rate be lower than the cost to railroads. burden on parties and expedite reasonableness would still be litigated (Coalition Associations Reply 10–11.) proceedings, a goal that would not be simultaneously, not sequentially. (UP The Board is not persuaded that it met by reintroducing a requirement that should limit the streamlined market the agency has repeatedly found to be 42 UP also proposes that the Board ‘‘develop[ ] dominance approach to smaller rate too burdensome as part of the non- factors a shipper must overcome with evidence disputes. BNSF argues that the streamlined approach. See, e.g., Pet. of before railroads are even required to respond to streamlined approach should be limited complaints.’’ (UP Comment 12–13.) However, the the Ass’n of Am. R.Rs. to Inst. a streamlined approach adopted here is intended to to small cases to ‘‘avoid inappropriate Rulemaking Proceeding to Reintroduce adequately ensure that only proceedings in which interference in rail markets.’’ (BNSF Indirect Competition as a Factor market dominance has been shown proceed to a Comment 2.) However, as discussed in Considered in Mkt. Dominance determination of rate reasonableness. Part I, the streamlined approach is not 43 UP also objects to using the streamlined Determinations for Coal Transported to approach in FORR cases. Because FORR remains less accurate than the non-streamlined Util. Generation Facilities, EP 717, slip pending before the Board in Docket No. EP 755, the approach, and therefore does not risk op. at 9 (STB served Mar. 19, 2013) Board will not address those comments here. the negative market impacts raised by

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BNSF. Rather, the Board is simply will encourage ‘‘wasteful’’ litigation that Polymers USA, LLC v. CSX Transp., reducing the litigation burden on may be intended to force settlements Inc., NOR 42123 (STB served May 6, complainants when they can show that from railroads. If a case brought under 2011).45 market dominance is more readily the streamlined approach is not valid, Finally, some commenters suggest apparent and therefore does not require railroads should easily be able to defend that the Board adopt procedural time as extensive an evidentiary showing. themselves against such claims. If the limits for pleading the streamlined The railroad still has a full opportunity railroad does refute any of the factors or market dominance approach. (TRB to refute the complainant’s showing otherwise shows that effective Professors Comment 3; PRFBA under the streamlined market competition exists, the shipper would Comment 2.) The NPRM proposed to dominance approach. Accordingly, a be precluded from challenging the same incorporate the streamlined market finding of market dominance under the rate again for several years, as discussed dominance proposal into the standard streamlined approach is no less valid in more detail in Part IV (subpart C, procedural schedules governing rate than a finding of market dominance ‘‘Preclusive Effect of Dismissal’’). A rate cases. The Board finds that it is not under the non-streamlined approach. case is a significant undertaking, not necessary to establish separate BNSF also asserts that larger shippers just in terms of costs and resources, but procedural time limits for pleading the generally have greater leverage in rate in the way that it can negatively affect streamlined approach. Parties are free to negotiations. (BNSF Reply, V.S. Miller the business relationship between a request alternate procedural schedules, 16–17.) However, even if true, that in shipper and rail carrier. Accordingly, just as they may do under the non- and of itself does not justify limiting the Board is not convinced that shippers streamlined approach currently. large shippers from using the are likely to file cases that they do not Moreover, the page limits the Board is streamlined approach if they can satisfy believe have merit, even when the costs adopting for streamlined market the prima facie factors. The same holds of doing so are reduced.44 dominance filings is intended to true for AAR’s argument that the encourage efficiency by the parties. See streamlined approach should be limited B. Schedule NPRM, EP 756, slip op. at 12 (stating to cases where the amount at stake is too NGFA requests that the Board clarify that page limits will encourage parties low to justify the cost of a non- at what point the Board will ‘‘make the to focus their arguments on the most streamlined presentation, (AAR determination that a complainant has important issues.) Comment 7), and UP’s argument that met the requirements for a prima facie C. Disclosures and Verified Statements shippers are not dissuaded from showing of market dominance and may bringing Full-SAC cases because of the proceed under the streamlined Under the Board’s existing costs of addressing market dominance approach, as opposed to the final regulations, complainants in Simplified- (UP Comment 14). The litigation costs determination that the complainant has SAC and Three-Benchmark cases must associated with a non-streamlined met its burden of demonstrating market provide to the defendant, with their market dominance presentation could dominance[.]’’ (NGFA Comment 7.) The complaints, the URCS Phase III inputs act as a barrier to bringing a rate Board does not anticipate issuing an used in preparing the complaint, ‘‘[a] proceeding for any shipper; while the intermediate decision addressing the narrative addressing whether there is streamlined approach may be sufficiency of a complainant’s prima any feasible transportation alternative particularly useful for shippers with facie market dominance case as a matter for the challenged movements,’’ and ‘‘all fewer resources, the streamlined of course in each proceeding. After the documents relied upon in formulating approach would enhance the close of the record, the Board would its assessment of a feasible accessibility of the Board’s rate review issue a decision on market dominance transportation alternative and all procedures more broadly. Even for as part of its final decision. The Board documents relied upon to determine the shippers with greater resources, if the may issue a decision earlier if its finds inputs to the URCS Phase III program.’’ costs of pursuing a complaint would that the case should be dismissed for 49 CFR 1111.2(a), (b). In the NPRM, the consume most or all of the expected lack of market dominance. Board proposed expanding the recovery, then the remedy would be a The Coalition Associations propose applicability of these disclosure hollow one for the complainant. A Full- that complainants have the option of requirements to include any case in SAC presentation would not be cost- litigating market dominance on an which a complainant utilizes the effective unless the value of the expedited, bifurcated procedural streamlined market dominance expected remedy, at a minimum, schedule, rather than simultaneously approach. See NPRM, EP 756, slip op. exceeds the expected cost of obtaining with the rate reasonableness portion of at 11. the remedy. If the streamlined approach the case (though under the Coalition WCTL objects to the Board’s proposal can reduce litigation costs in Full-SAC Associations’ proposal, market to require complainants to make these cases just as effectively and dominance and rate reasonableness disclosures in large rate cases where the appropriately as in smaller cases, there would still be decided in a single final streamlined approach is used. WCTL is no reason not to allow use of the decision). (Coalition Associations argues that, in such cases, issues approach just because the shipper may Comment 20–23.) Parties may already regarding the URCS inputs are best be able to bear the cost of the non- request bifurcation in individual rate addressed and resolved through streamlined approach. case proceedings, and they may technical conferences. (WCTL Comment UP’s additional arguments that the continue to do so if using the 11.) WCTL also objects to requiring streamlined approach should not be streamlined approach. See, e.g., M&G disclosure in large rate cases of all the used in Full-SAC cases lack merit for market dominance evidence that the the same reasons. Even if the 44 When the filing fee for a Full-SAC case was complainant relied upon, as this will streamlined approach does not reduce reduced from $178,200 to $350 and for a Simplified the length of the procedural schedule, SAC case from $10,600 to $350 in 2008, there was 45 If requesting bifurcation, parties need to the approach should have the benefit of no noticeable increase in the number of rate cases address how the bifurcated schedule would impact filed at the Board. See Regulations Governing Fees the procedural timelines set out by statute, see 49 reducing litigation costs for both parties. for Servs. Performed in Connection with Licensing U.S.C. 10704, and the applicable Board regulations Finally, the Board disagrees with UP’s & Related Servs.—2007 Update, EP 542 (Sub-No. for the rate review process involved, see, e.g., 49 claim that the streamlined approach 14) (STB served Jan. 25, 2008). CFR 1111.9, 1111.10.

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add a substantial new burden on purposes of submitting the verified CFR 1111.2(a) or (b) that set forth the complainants that may discourage them statement. (AFPM Comment 6.) disclosure requirements in such cases. from using the streamlined approach. The Coalition Associations state that Accordingly, the language of § 1111.2— WCTL claims that the disclosures are they do not object to the concept of even when read in conjunction with also unnecessary, as defendants can still different disclosure requirements for the § 1111.12 establishing the prima facie obtain relevant evidence through streamlined approach, but they believe factors—would still require discovery. (Id. at 12.) Lastly, WCTL that the proposals made by UP and AAR complainants to disclose documents asserts that a shipper in a large rate case are too broad. (Coalition Associations pertaining to any feasible transportation may not decide whether to use the Reply 23–24.) Accordingly, the alternative, even ones that are not streamlined approach until it completes Coalition Associations offer modified specific to the prima facie factors. As a versions of the disclosure requirements its market dominance discovery from result, the information that must be suggested by UP. (Id. at 24.) 47 the defendant carrier. (Id. at 13.) disclosed in simplified standards cases UP argues that these disclosure After reviewing the comments and requirements should be modified for upon further consideration, the Board will remain the same, regardless of cases in which the complainant elects to will not amend its regulations to extend which market dominance approach is use the streamlined market dominance the existing disclosure requirements of used. approach. (UP Comment 7–9.) UP 49 CFR 1111.2(a) and (b) to all cases in The Board also will not adopt AAR’s argues that shippers using the which the streamlined approach is used, suggestion to require complainants to streamlined approach will produce a as it proposed to do in the NPRM.48 The disclose the steps they have taken to narrower selection of documents than Board recently considered adding a evaluate potential intramodal, barge, or under the non-streamlined approach, disclosure requirement in Full-SAC build out options and submit all studies because, according to UP, the proposed cases but, after receiving input from they have undertaken. As noted, regulation reduces the transportation stakeholders, concluded that allowing complainants in Simplified-SAC and alternatives the shipper must initially parties to engage in discovery would be Three-Benchmark cases are already consider. (Id. at 8.) UP claims that this more beneficial. See Expediting Rate required to make certain disclosures could prevent railroads from obtaining Cases, EP 733, slip op. at 6 (STB served regarding feasible transportation relevant documents, to which UP states Mar. 30, 2017). The Board similarly alternatives. Contrary to UP’s assertion, they are entitled, concerning effective finds that allowing for discovery in the Board finds that, in Simplified-SAC competition. Accordingly, UP proposes other non-simplified cases would be and Three-Benchmark cases, these different disclosure requirements.46 It more effective. Moreover, the Board requirements are sufficient. For cases claims that its proposed disclosure agrees with WCTL that shippers may not brought under those simplified requirements would be easy for a not be able to decide whether to pursue shipper to comply with, as they involve a streamlined market dominance standards, a defendant can obtain access producing evidence that the approach until discovery has been to any relevant evidence through complainant has likely already reviewed completed. Accordingly, the Board will discovery. In addition, the Board finds in deciding whether to bring a rate case. maintain the separate evidentiary it is not necessary for a complainant to UP also claims that these requirements processes for simplified and non- provide documentation with the would expedite proceedings and reduce simplified cases.49 verified statement. As explained in the litigation. (Id. at 8.) The Board also declines to modify the Board’s discussion of the build-out AAR also suggests that the shipper disclosure requirements as they pertain factor (supra, Part II, subpart F ‘‘No disclose all supporting information for to simplified standards cases (i.e., Practical Build-Out Option’’), the its assertions of market dominance Simplified-SAC and Three-Benchmark) statement itself should be sufficient to along with the filing of its complaint. In in which the streamlined market demonstrate that the factors it supports particular, AAR argues that dominance approach is used, as have been met. While the Board will not complainants should be required to suggested by UP and the Coalition preclude a complainant from submitting disclose what steps they have taken to Associations. The Board has not documentation if it wishes, the purpose evaluate the intramodal, barge, build- proposed to change the language of 49 of the streamlined approach is to reduce out, and pipeline options, including any the litigation burden on complainants studies they have undertaken, as part of 47 Specifically, the Coalition Associations where a lack of effective competition is propose that a complainant be required to disclose: the verified statement that they may rely reasonably likely. on to demonstrate that these factors (1) All shipments of the issue commodity by any mode made with any transportation provider other Lastly, in response to the AFPM’s have been met. (AAR Comment 11; see than the defendant railroad during the previous five also UP Comment 9 (arguing for broader years; (2) any transportation contracts that the comment, the Board will add language disclosure requirements, including complainant or its affiliates could have used to to the regulation to clarify who transport the issue traffic between the issue origin constitutes an ‘‘appropriate official’’ to shipper studies of transportation and issue destination and intermediate transloading alternatives, in streamlined approach points during the previous five years; and (3) all submit the verified statement. The cases).) AFPM asks the Board to clarify available studies or email correspondence in official submitting the verified what type of documentation would be complainant’s possession concerning transportation statement should be an individual who alternatives for movements of the issue commodity has either direct or supervisory acceptable and define or list who it or commodities from each issue origin to the deems to be ‘‘appropriate officials’’ for corresponding issue destination during the previous responsibility for, or otherwise has five years. (Coalition Associations Reply 24.) knowledge or understanding of, the 46 Specifically, UP proposes that a complainant 48 Accordingly, the NPRM’s proposed regulation complainant’s transportation needs and disclose the following: (1) Information regarding at 49 CFR 1111.12(c) will not be adopted. options. In the verified statement, the any use by the shipper of transportation alternatives 49 In Expediting Rate Cases, EP 733 (STB served during the previous five years; (2) information Nov. 30, 2017), the Board adopted regulations that official should provide his or her title regarding any studies or consideration of require complainants and defendants in non- and a short description of his or her transportation alternatives during the previous five simplified standards cases to certify in their duties. These revisions will be made to years; and (3) any transportation contracts that complaints and answers, respectively, that they could have been used for the issue traffic during the have served their initial discovery requests on the § 1111.12(b), as set forth in the text of previous five years. (UP Comment 7–8.) opposing party. 49 CFR 1111.2(f) and 1111.5(f). the final rule below.

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D. Rebuttal Evidence and Burden of benefit.’’ (Coalition Associations Reply E. Rebuttal Hearing Proof 21.) The Board proposed in the NPRM Several commenters raise concerns As an initial matter, the Board that, as part of the streamlined market reiterates that the ‘‘streamlined market regarding what evidence would be dominance process, a complainant dominance approach would not result permissible on rebuttal under the would have the option to request an in a shifting of the burden for market streamlined approach. The Coalition evidentiary hearing conducted by an dominance’’ and that the ‘‘burden for Associations request that the Board ALJ. NPRM, EP 756, slip op. at 12. The establishing market dominance remains clarify that, under the streamlined hearing would be on-the-record and on the complainant.’’ NPRM, EP 756, approach, a complainant may submit could be conducted telephonically.51 slip op. at 11. In addition, there is no ‘‘any evidence on rebuttal that is The purpose would be to ‘‘allow the limitation on what relevant evidence the responsive to a defendant’s reply parties to clarify their market railroad may submit on reply to make its evidence on the same factors regardless dominance positions under oath, and to market dominance case. Id. at 12 of whether such evidence was available build upon issues presented by the (‘‘Carriers would be permitted to refute to the complainant on opening.’’ parties through critical and exacting any of the prima facie factors of the (Coalition Associations Comment 23– questioning.’’ Id. The Board received complainant’s case, or otherwise show 24.) several comments relating to the ALJ that effective competition exists for the AAR argues that the Board should not hearing process. allow shippers to produce new evidence traffic at issue.’’). In a non-streamlined market 1. Clarification on rebuttal or at the ALJ hearing when dominance inquiry, a complainant is the shipper has elected to use the UP asks the Board to clarify certain free to rebut the railroad’s reply streamlined approach. (AAR Comment language in the NPRM describing the argument and evidence with its own 14–15.) It states, however, that ‘‘[o]f ALJ hearing and written rebuttal. (UP counterevidence, so long as it meets the course, if a defendant railroad Comment 11.) The NPRM at one point Board’s standard for proper rebuttal introduces evidence unrelated to the stated that, if the complainant requested evidence in rate cases. See Consumers prima facie factors in its market the hearing, it would be conducted Energy Co. v. CSX Transp., Inc., NOR dominance submission, complainants ‘‘within seven days after the due date of 42142, slip op. at 4–5 (STB served Dec. should be allowed to provide complainant’s rebuttal,’’ 52 NPRM, EP 9, 2016) (holding that the complainant appropriate rebuttal evidence.’’ (Id. at 756, slip op. at 12, which perhaps could was entitled to offer corrective evidence 15.) be read to suggest that complainants to demonstrate that the defendant UP asserts that the Board should would be required to submit a written carrier’s reply evidence on market clarify its statement in the NPRM that rebuttal and then would also have the dominance issues was unsupported, the ‘‘burden for establishing market option to request the ALJ hearing. infeasible, or unrealistic). This standard dominance remains on the However, later, the NPRM stated that, would likewise apply to complainants complainant.’’ (Id. at 4 (quoting NPRM, ‘‘[g]iven this hearing, the complainant using the streamlined approach. If the EP 756, slip op. at 11.) UP argues that may elect whether to file rebuttal railroad submits evidence to show that the prima facie factors should not be evidence on market dominance issues one of the prima facie factors has not evidentiary presumptions and that if the ... or to rely on the ALJ hearing to been satisfied or that there is otherwise railroad offers other evidence of rebut the defendant’s reply evidence.’’ effective competition, the complainant effective competition on reply, and the Id. (emphasis added). UP asks the Board may provide evidence on rebuttal shipper does not convincingly rebut that to clarify and states that ‘‘if refuting the railroad’s reply evidence, evidence with its own evidence beyond complainants must choose one or the including evidence that was available to the prima facie factors, the railroad other, we have no objection to giving the complainant on opening. As in a should prevail on market dominance. them that choice.’’ (UP Comment 11.) non-streamlined market dominance (UP Comment 6; UP Reply 4.) UP also The Board clarifies that a complainant case, the Board may strike argument or requests that the Board clarify that, if a must choose whether to file a written evidence as improper either upon its railroad offers evidence of effective rebuttal or request the ALJ hearing. An own motion or upon motion by the competition (e.g., the issue commodity evidentiary hearing following written parties. rebuttal is not required even under the can be trucked more than 500 miles or As explained in the NPRM, EP 756, a transload option exists), the shipper non-streamlined approach and would slip op. at 11, a complainant that meets increase the litigation costs for both the can only submit evidence regarding the each of the required factors will have existence of this factor (e.g., the shipper made a prima facie showing of market be instances where the complainant has evidence could submit evidence showing that 500 dominance. On reply, a defendant miles or transloading is not practical, available to it that is properly responsive to the railroad can refute the prima facie defendant’s reply argument but that was not sought but the shipper could not submit showing by presenting evidence of, for in discovery (though the Board does not anticipate evidence that truck or transload pricing that there will likely be many instances where this example, effective competition from occurs, particularly if the defendant has made is not practical). (UP Comment 6; see other transportation providers and, in also UP Reply 4.) sufficient discovery requests). Of course, if the doing so, might rely on evidence that complainant relies on evidence on rebuttal that was The Coalition Associations object to the complainant itself would have not produced in discovery, but which should have UP’s argument that complainants been, the defendant can file a motion to strike that provided in a non-streamlined market should be precluded from offering evidence. See Total Petrochems., NOR 42121, slip dominance inquiry. But contrary to UP’s rebuttal evidence in response to a op. at 14 (granting defendant’s motion to strike assertion, the fact the railroad might rely evidence on inventory carrying costs that railroad’s reply arguments on effective on such evidence in support of its own complainant should have produced in discovery). competition. They argue that ‘‘[i]f a 51 argument does not amount to a shifting As part of the NPRM, the Board proposed complainant who uses the factors would modifying its regulation that sets forth delegations of the burden of proof.50 lose its ability to submit evidence on of Board authority, 49 CFR 1011.6, to allow an ALJ to conduct such hearings. rebuttal in response to a railroad 50 Additionally, the Board will not limit the 52 This language was similarly restated in the argument that effective competition complainant on rebuttal from relying only on proposed rule of the NPRM, which included the exists, the factors would have no evidence that it produced in discovery. There may proposed changes to the text of the regulations.

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complainant and defendant. In contrast, Board. (UP Comment 11.) AAR and proposes ‘‘a 50-page limit of allowing the complainant to utilize an expresses concern about which ALJs the narrative, excluding exhibits, for a one- ALJ hearing in lieu of a written rebuttal Board would use and whether they have lane case, with the limit increasing by would give the complainant an any substantive expertise in market 10 pages for each additional lane, up to additional means to potentially limit dominance issues. Finally, AAR a maximum of 100 pages.’’ (AAR litigation costs while still allowing full requests that the Board clarify that the Comment 15.) UP argues that the Board development of the record. To the ALJ will not rule on any market should not impose any page limits on extent some parties expressed concern dominance issues and that the ALJ’s the railroad’s reply. UP contends that that the Board’s proposal unfairly role would be limited to presiding over the railroad replies will still need to excludes defendants from requesting an examination of witnesses. (AAR contain all the same arguments and ALJ hearing,53 such concerns may have Comment 14.) Shipper interests did not evidence as under the current market been attributed to the ambiguity in the comment on these issues. dominance approach or more given the NPRM as to whether the ALJ hearing Based on the comments, the Board need to address all of the prima facie was in addition to rebuttal or taking the will make minor modifications to what factors. (UP Comment 10.) UP suggests place of complainant’s written rebuttal. was proposed in the NPRM concerning that the Board’s reference in the NPRM, The Board further finds that the the ALJ hearing. It has been the Board’s EP 756, slip op. at 12 n.15, to limitations complainant, as the party with the recent practice to participate in the the Board has previously placed on burden of proof, should have the final federal ALJ Loan program to employ the petitions for reconsideration and briefs evidentiary presentation (as it does in services of ALJs from other federal is misplaced because those filings are other aspects of the rate case process) agencies (currently the Federal Mine made only after parties have filed and therefore it is not inappropriate for Safety and Health Review Commission) evidentiary submissions. (UP Comment the complainant to be the party that can on a case-by-case basis to perform 10; see also AAR Comment 15.) request an ALJ hearing in lieu of filing discrete, Board-assigned functions. In The Coalition Associations oppose written rebuttal. response to the comments received, the AAR’s and UP’s requests to expand the Given the clarification above that the Board notes that it may, at its discretion, page limits. The Coalition Associations ALJ hearing may be sought in lieu of assign a member (or members) of Board dispute UP’s argument that a railroad submitting a written rebuttal, the Board staff to assist the ALJ. would need to present the same will adopt as part of the final rule a With respect to the structure or format arguments and evidence on reply as it requirement that the hearing be held on of the hearing, such matters will be left does in a non-streamlined case. or about the same day that the written to the ALJ’s discretion. However, the (Coalition Associations Reply 27.) FRCA rebuttal on the merits of rate Board clarifies that the ALJ’s role in the expresses concern that 50 pages will not reasonableness is due. The complainant streamlined approach will be to preside be sufficient for rebuttal filings, stating will be required to inform the Board in over the evidentiary hearing (helping to that a defendant may raise a multitude writing within 10 days after the reply is gather information and evidence), while of issues and posit hypothetical and filed if it intends to utilize the ALJ the ultimate market dominance theoretical questions in its 50 pages that hearing. This will give the complainant determination will be made by the will require more than 50 pages for the sufficient time to review the railroad’s Board. The ALJ may, however, express complainant to rebut. (FRCA Comment reply arguments on market dominance his or her views of certain arguments or 2; see also NCTA Comment 3.) In and assess whether it believes the evidence. contrast, some shipper interests propose written rebuttal or hearing is preferable, Lastly, in response to UP’s concern that the Board lower the page limit for while still leaving the complainant about the production of the hearing replies and rebuttals to 25 pages. Their sufficient time to draft its rebuttal filing transcript, the Board will make a slight view is that a 50-page limit would leave if that is the option it chooses. This will revision to the final rules. Specifically, too much room for overly burdensome also give the Board enough time to the Board will increase the period of arguments, whereas 25 pages would schedule the ALJ hearing, if necessary. time by which it must provide the eliminate that abuse but still provide The full text of the revised hearing transcript (either in draft or adequate opportunity to raise § 1111.12(d),54 discussing the final form) from four days to five days.55 straightforward arguments. (SMA evidentiary hearing process, is set forth The full text of the revised Comment 12–14; Indorama Comment below. § 1111.12(d), discussing the evidentiary 12–14; IMA–NA Comment 12–14.) AFPM states that it supports the 50-page 2. Hearing Logistics hearing process, is set forth in below. limit. (AFPM Comment 10.) UP argues that the hearing proposal is F. Page Limits A 50-page limit (including exhibits too underdeveloped. Specifically, UP The Board proposed in the NPRM that and verified statements) strikes the states that the NPRM does not identify if a complainant opted to use the proper balance between narrowing the who must participate in the hearing to streamlined market dominance focus of the parties’ arguments and provide testimony and does not address approach, reply and rebuttal providing sufficient opportunity for important issues of procedural fairness submissions would be limited to 50 parties to address the substantive issues. (e.g., whether parties will conduct direct pages, inclusive of exhibits and verified Despite AAR’s and UP’s arguments, 50 and cross-examination of witnesses, or statements. NPRM, EP 756, slip op. at pages should be sufficient to allow the whether only the ALJ will question 12. railroad to address whether the prima witnesses). UP also questions if the ALJ AAR suggests that the Board ‘‘more facie factors are met and whether there hearing transcript can be produced carefully tailor the limitations on is effective competition. Under the within four days, as proposed by the evidence to the complexity of the case’’ streamlined approach, the complainant is essentially making an opening 53 AAR and BNSF argue that defendants should 55 The Board typically receives a draft version of presentation that market dominance is also be afforded an opportunity to request an ALJ the hearing transcript and then reviews it for errors. readily apparent. If that is not the case, hearing. (AAR Comment 14; BNSF Comment 15.). The Board will endeavor to complete its review and 54 Section 1111.12(d) was proposed in the NPRM provide the final transcript within the five-day then it should not require extensive as paragraph (e) but is designated as paragraph (d) period, but there may be occasions when it must argument and evidence for the railroad in the final rule. provide the draft version pending its review. to refute this assertion. In response to

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AAR’s concern that including exhibits limit price test and point out that arguments go beyond the scope of this in the 50-page would be problematic interested parties have not had a full proceeding and the Board will not because such exhibits often include opportunity to comment on the issue. address the issue here. studies that approach or exceed 50 (Coalition Reply 35.) C. Preclusive Effect of Dismissal pages, the Board notes that parties can The NPRM did not discuss the limit include excerpts from a study or request price test but merely cited to a prior Olin and FRCA state that they a waiver of the 50-page limit.56 proceeding for the general proposition ‘‘disagree’’ with the statement in the The Board will also not adopt AAR’s that a qualitative market dominance NPRM, EP 756, slip op. at 11, that if the suggestion of expanding the page limit analysis involves the determination of Board finds that market dominance has for cases with multiple lanes. The Board ‘‘any feasible transportation alternatives not been shown by a complainant that will respond to requests for a page limit sufficient to constrain the railroad’s has used the streamlined approach, the extension in individual matters on a rates for the traffic to which the complainant may not submit a new rate case-by-case basis. challenged rates apply.’’ NPRM, EP 756, case involving the same traffic using the As for FRCA’s argument that more slip op. at 2. The limit price test’s non-streamlined market dominance pages would be needed for the applicability to market dominance presentation unless there are changed complainant’s rebuttal, the purpose of analyses in future cases is not under circumstances (or other factors under 49 the streamlined approach is to reduce consideration as part of this proceeding, U.S.C. 1322(c)). (Olin Comment 9–10, the litigation costs for shippers. In and as such the Board will not address FRCA Comment 3.) Railroad interests deciding whether to use the streamlined this issue. did not comment on this issue. Board approach, a shipper will have to weigh and court precedent hold that a B. DMIR Precedent the risks and benefits of using the complainant seeking to challenge the streamlined approach (including the 50- AAR argues that, for the streamlined same rates at issue in a prior proceeding page limit on rebuttals).57 market dominance approach, the Board can do so only upon a showing of Finally, the Board rejects the should not apply its DMIR precedent 58 changed circumstance, new evidence, or argument from some shippers to lower in the same manner that the agency did material error. See Burlington N. & the page limit to 25 pages. That limit in DuPont 2014, NOR 42125, slip op. at Santa Fe Ry. v. STB, 403 F.3d 771, 778 would likely restrict a railroad’s ability 25–29. (AAR Comment 12–14.) The (D.C. Cir. 2005); Intermountain Power to present its arguments in sufficient DMIR precedent addressed how the Agency v. Union Pac. R.R., NOR 42127, detail and include the necessary agency should consider market slip op. 4 (STB served Nov. 2, 2012). supporting evidence, as well as the dominance when the rate at issue is for Therefore, it is appropriate that a complainant’s ability to rebut those a segment of a larger movement (a complainant cannot file a new arguments. bottleneck segment). In DuPont 2014, complaint to challenge the same traffic the Board held that, under the DMIR Part IV—Miscellaneous Issues where the Board has previously found precedent, the agency cannot consider, no market dominance, absent a showing A. Limit Price Test as part of the market dominance that one of these criteria are met. inquiry, transportation alternatives that AAR and CSXT argue that the Board D. Regulatory Impact Analysis should affirmatively state that it will not cover the whole route when only the apply the ‘‘limit price test’’ in any future bottleneck segment rate is being In his comment, Dr. Ellig proposes rate case. (AAR Comment 16–17 (stating challenged. DuPont 2014, NOR 42125, that the Board conduct a ‘‘regulatory concern that the NPRM, by citing to a slip op. at 26–29 (also stating that this impact analysis’’ (RIA), which is a form prior proceeding, implicitly endorsed conclusion is consistent with a of a cost-benefit analysis, in this legislative directive to process rate proceeding and in Final Offer Rate the limit price methodology); CSXT 59 Comment 3.) AAR and CSXT reiterate complaints more expeditiously and the Review, Docket No. EP 755. (Ellig various arguments that railroads have long-standing Congressional intent that Comment 3–4.) Dr. Ellig explains how raised in the past as to why the limit market dominance be a practical the Board could apply the RIA price methodology should be determination made without delay; and framework to the rules proposed in eliminated. (AAR Comment 16–17; stating the conclusion is consistent with these two proceedings. Other parties did CSXT Comment 3–4.) In response, the the Board’s statutory directives.) The not comment on the proposal. The Coalition Associations state that the Coalition Associations argue that the Board is considering whether and how Board should not use this proceeding to Board’s decision in DuPont 2014 was particular cost-benefit analysis either abandon or endorse the use of the correct and that AAR is simply approaches might be more formally repeating many of the same arguments integrated into its rulemaking 60 56 See E.I. DuPont de Nemours & Co. v. Norfolk that were raised and rejected by the processes. While the Board need not S. Ry., NOR 42125, slip op. at 2 (STB served June Board in DuPont 2014. (Coalition conduct a formal RIA, the Board has, as 11, 2014) (granting waiver of page limits on Associations Reply 17–20.) described throughout this decision, petitions for reconsiderations due to complexity of The Board did not seek comment on carefully weighed the benefits and the case). the DMIR and DuPont 2014 precedent as burdens associated with particular 57 NCTA argues that a defendant could require a complainant to provide more evidence than the part of the NPRM. Moreover, AAR’s complainant can provide within the limited scope objections to the DMIR and DuPont 2014 59 Dr. Ellig submitted his comment in this docket, of a 50-page rebuttal and therefore requests that precedent are not specifically tied to the Final Offer Rate Review, Docket No. EP 755, and ‘‘restrictions also be placed on the amount of streamlined approach, but to that Expanding Access to Rate Relief, Docket No. EP 665 information that a defendant can request in its (Sub-No. 2), as well as in Association of American response to a complainant.’’ (NCTA Comment 3.) precedent in general. As such, AAR’s Railroads—Petition for Rulemaking, Docket No. EP To the extent that NCTA is proposing that 752. restrictions be placed on the evidence that a 58 AAR refers to ‘‘the DMIR case.’’ (See, e.g., AAR 60 See Assoc. of Am. R.Rs.—Pet. for Rulemaking, defendant can obtain through discovery, the Board Comment 12.) What the Board refers to here as ‘‘the EP 752, slip op. at 1 (STB served Nov. 4, 2019); see will deny this request and finds that the standards DMIR precedent’’ is actually two decisions: also Village of Barrington, Ill. v. STB, 636 F.3d 650, for discovery that would apply under the non- Minnesota Power, Inc. v. Duluth, Missabe & Iron 670–71 (D.C. Cir. 2011) (stating that ‘‘neither the streamlined approach should continue to apply Range Railway, 4 S.T.B. 64 (1999) and Minnesota Board’s authorizing legislation nor the here, and that discovery disputes can be addressed Power, Inc. v. Duluth, Missabe & Iron Range Administrative Procedure Act requires the Board to on a case-by-case basis. Railway, 4 S.T.B. 288 (1999). conduct formal cost-benefit analysis.’’).

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aspects of the streamlined market its regulations would not mandate or proper performance of the functions of dominance approach, which as noted circumscribe the conduct of small the Board, including whether the below, has been designated as non- entities. Indeed, the proposal requires collection has practical utility; (2) the major. See, e.g., supra, at 3–4, 7–8, 10– no additional recordkeeping by small accuracy of the Board’s burden 11, 13, 22, 26–27. Further, in this railroads or any reporting of additional estimates; (3) ways to enhance the proceeding, the Board is not creating a information. Nor do these proposed quality, utility, and clarity of the new right or remedy but is merely rules circumscribe or mandate any information collected; and (4) ways to streamlining an existing process. As conduct by small railroads that is not minimize the burden of the collection of noted above, the Board does not expect already required by statute: the information on the respondents, the streamlined approach to change the establishment of reasonable including the use of automated outcome that would have been reached transportation rates when a carrier is collection techniques or other forms of under the non-streamlined market found to be market dominant. As the information technology, when dominance approach. Rather, it expects Board noted, small railroads have appropriate. One comment was the rule to decrease the burden in always been subject to rate received, as discussed below. potentially meritorious cases, including reasonableness complaints and their In the only comment relating to the the burden that may have unnecessarily associated litigation costs, including PRA burden analysis, Dr. Ellig questions limited the accessibility of the Board’s addressing whether they have market the factual basis for the Board’s estimate rate review processes and therefore dominance over traffic. that there would be one additional dissuaded shippers from filing a case. Additionally, the Board concluded (as complaint per year due to the new it has in past proceedings) that the streamlined market dominance Regulatory Flexibility Act majority of railroads involved in these procedures. (Ellig Comment 12.) The The Regulatory Flexibility Act of 1980 rate proceedings are not small entities Board appreciates Dr. Ellig’s comment (RFA), 5 U.S.C. 601–612, generally within the meaning of the Regulatory on this point. For most collection requires a description and analysis of Flexibility Act. NPRM, EP 756, slip op. renewals, the Board uses the actual new rules that would have a significant at 13 (citing Simplified Standards, EP number of filings with the Board over economic impact on a substantial 646 (Sub-No. 1), slip op. at 33–34. Since the previous three years and averages number of small entities. In drafting a the inception of the Board in 1996, only them to get an estimated annual number rule, an agency is required to: (1) Assess three of the 51 cases filed challenging of those filings to use in its PRA burden the effect that its regulation will have on the reasonableness of freight rail rates analysis. For new rules, however, the small entities; (2) analyze effective have involved a Class III rail carrier as Board may not have historical data that alternatives that may minimize a a defendant. Those three cases involved allows for such averages, so it must regulation’s impact; and (3) make the a total of 13 Class III rail carriers. The estimate based on its experience, often analysis available for public comment. Board estimated that there are considering analogous regulatory sections 601–604. In its final rule, the approximately 656 Class III rail carriers. changes made in the past. Here, while agency must either include a final Therefore, the Board certified under 5 the streamlined market dominance regulatory flexibility analysis, section U.S.C. 605(b) that the proposed rule, if procedures are new, market dominance 604(a), or certify that the proposed rule promulgated, would not have a has long been a litigated issue in rate would not have a ‘‘significant impact on significant economic impact on a reasonableness cases. Based on its a substantial number of small entities,’’ substantial number of small entities substantial experience with the section 605(b). The impact must be a within the meaning of the RFA. complexities of prior market dominance direct impact on small entities ‘‘whose The final rule adopted here revises litigation, and how such complexities conduct is circumscribed or mandated’’ the rules proposed in the NPRM; had impacted the number of rate by the proposed rule. White Eagle Coop. however, the same basis for the Board’s reasonableness complaints filed each v. Conner, 553 F.3d 467, 480 (7th Cir. certification in the proposed rule year, the Board estimated that it would 2009). applies to the final rule. Thus, the Board receive approximately one additional In the NPRM, the Board certified certifies under 5 U.S.C. 605(b) that the complaint due to the streamlined under 5 U.S.C. 605(b) that the proposed final rule will not have a significant market dominance approach. As no rule would not have a significant economic impact on a substantial party submitted any specific economic impact on a substantial number of small entities within the information that would lead to a more number of small entities within the meaning of the RFA. A copy of this precise estimate, the Board continues to meaning of the RFA.61 The Board decision will be served upon the Chief find that the streamlined approach to explained that its proposed changes to Counsel for Advocacy, Office of market dominance will likely lead to Advocacy, U.S. Small Business approximately one additional case per 61 For the purpose of RFA analysis for rail carriers Administration, Washington, DC 20416. year. subject to Board jurisdiction, the Board defines a Dr. Ellig also comments that the Board ‘‘small business’’ as only including those rail Paperwork Reduction Act carriers classified as Class III rail carriers under 49 did not provide a source for its CFR 1201.1–1. See Small Entity Size Standards In this proceeding, the Board is estimated PRA burden hours or non- Under the Regulatory Flexibility Act, EP 719 (STB modifying an existing collection of burden costs (i.e., printing, copying, served June 30, 2016) (with Board Member information that was approved by the mailing and messenger costs) for the Begeman dissenting). Class III carriers have annual operating revenues of $20 million or less in 1991 Office of Management and Budget existing types of complaints and the one dollars, or $40,384,263 or less when adjusted for (OMB) under the collection of additional complaint expected to be inflation using 2019 data. Class II rail carriers have Complaints (OMB Control No. 2140– filed due to the new streamlined market annual operating revenues of less than $250 million 0029). In the NPRM, the Board sought dominance procedures. (Id.) These but in excess of $20 million in 1991 dollars, or $504,803,294 and $40,384,263, respectively, when comments pursuant to the Paperwork burden hours and non-burden costs adjusted for inflation using 2019 data. The Board Reduction Act (PRA), 44 U.S.C. 3501– were derived from the burden hours and calculates the revenue deflator factor annually and 3549, and OMB regulations at 5 CFR non-burden costs the Board estimated publishes the railroad revenue thresholds in 1320.8(d)(3) regarding: (1) Whether the for existing complaints in its 2017 decisions and on its website. 49 CFR 1201.1–1; Indexing the Annual Operating Revenues of R.Rs., collection of information, as modified in request to OMB for an extension of its EP 748 (STB served June 10, 2020). the proposed rule, is necessary for the collection of complaints. See STB,

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Supporting Statement for Modification Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 49 ■ 5. Amend § 1111.10 by revising & OMB Approval Under the Paperwork U.S.C. 1301, 1321, 11123, 11124, 11144, paragraph (a) to read as follows: Reduction Act & 5 CFR pt. 1320, OMB 14122, and 15722. Control No. 2140–0029 (Mar. 2017), ■ 2. Amend § 1011.6 by adding § 1111.10 Procedural schedule in cases using simplified standards. https://www.reginfo.gov/public/do/ paragraph (i) to read as follows: DownloadDocument?objectID= (a) Procedural schedule. Absent a § 1011.6 Delegations of authority by the specific order by the Board, the 72159101. In its supporting statement Chairman. for that request, which OMB approved, following general procedural schedules the Board explained that its burden * * * * * will apply in cases using the simplified (i) In matters involving the estimates were ‘‘based on informal standards: streamlined market dominance feedback previously provided by a small (1)(i) In cases relying upon the approach, authority to hold a telephonic sampling (less than five) of Simplified-SAC methodology: evidentiary hearing on market respondents.’’ (Id. at 2, 3.) The Board (A) Day 0—Complaint filed (including dominance issues is delegated to has been provided no other data upon complainant’s disclosure). administrative law judges, as described which it could adjust its estimate. (B) Day 10—Mediation begins. in § 1111.12(d) of this chapter. This modification and extension (C) Day 20—Defendant’s answer to request of an existing, approved PART 1111—COMPLAINT AND complaint (including defendant’s initial collection will be submitted to OMB for INVESTIGATION PROCEDURES disclosure). review as required under the PRA, 44 (D) Day 30—Mediation ends; U.S.C. 3507(d), and 5 CFR 1320.11. The ■ 3. The authority citation for part 1111 discovery begins. request will address the comments is revised to read as follows: (E) Day 140—Defendant’s second discussed above as part of the PRA Authority: 49 U.S.C. 10701, 10702, 10704, disclosure. approval process. 10707, 11701, and 1321. (F) Day 150—Discovery closes. (G) Day 220—Opening evidence. Congressional Review Act ■ 4. Amend § 1111.9 by revising (H) Day 280—Reply evidence. paragraph (a) to read as follows: Pursuant to the Congressional Review (I) Day 310—Rebuttal evidence. In Act, 5 U.S.C. 801–808, the Office of § 1111.9 Procedural schedule in stand- cases using the streamlined market Information and Regulatory Affairs has alone cost cases. dominance approach, a telephonic designated this rule as non-major, as (a) Procedural schedule. Absent a evidentiary hearing before an defined by 5 U.S.C. 804(2). specific order by the Board, the administrative law judge, as described It is ordered: following general procedural schedule in § 1111.12(d) of this chapter, will be 1. The Board adopts the final rule as will apply in stand-alone cost cases after held at the discretion of the set forth in this decision. Notice of the the pre-complaint period initiated by complainant in lieu of the submission of adopted rule will be published in the the pre-filing notice: a written rebuttal on market dominance Federal Register. (1) Day 0—Complaint filed, discovery issues. The hearing will be held on or 2. A copy of this decision will be period begins. about the date that the complainant’s served upon the Chief Counsel for (2) Day 7 or before—Conference of the rebuttal evidence on rate reasonableness Advocacy, Office of Advocacy, U.S. parties convened pursuant to is due. Small Business Administration. § 1111.11(b). (J) Day 320—Technical conference 3. This decision is effective (3) Day 20—Defendant’s answer to (market dominance and merits, except September 5, 2020. complaint due. for cases using the streamlined market (4) Day 150—Discovery completed. dominance approach, in which the List of Subjects (5) Day 210—Complainant files technical conference will be limited to opening evidence on absence of 49 CFR Part 1011 merits issues). intermodal and intramodal competition, Administrative practice and (K) Day 330—Final briefs. variable cost, and stand-alone cost procedure; Authority delegations (ii) In addition, the Board will appoint issues. (government agencies); Organization (6) Day 270—Defendant files reply a liaison within 10 business days of the and functions (government agencies). evidence to complainant’s opening filing of the complaint. 49 CFR Part 1111 evidence. (2)(i) In cases relying upon the Three- (7) Day 305—Complainant files Benchmark methodology: Administrative practice and rebuttal evidence to defendant’s reply (A) Day 0—Complaint filed (including procedure; Investigations. evidence. In cases using the streamlined complainant’s disclosure). Decided: July 31, 2020. market dominance approach, a (B) Day 10—Mediation begins. (STB By the Board, Board Members Begeman, telephonic evidentiary hearing before an production of unmasked Waybill Fuchs, and Oberman. administrative law judge, as described Sample.) Jeffrey Herzig, in § 1111.12(d) of this chapter, will be (C) Day 20—Defendant’s answer to Clearance Clerk. held at the discretion of the complaint (including defendant’s initial disclosure). For the reasons set forth in the complainant in lieu of the submission of (D) Day 30—Mediation ends; preamble, the Surface Transportation a written rebuttal on market dominance discovery begins. Board amends parts 1011 and 1111 of issues. The hearing will be held on or about the date that the complainant’s (E) Day 60—Discovery closes. title 49, chapter X, of the Code of rebuttal evidence on rate reasonableness (F) Day 90—Complainant’s opening Federal Regulations as follows: is due. (initial tender of comparison group and PART 1011—BOARD ORGANIZATION; (8) Day 335—Complainant and opening evidence on market DELEGATIONS OF AUTHORITY defendant file final briefs. dominance). Defendant’s opening (9) Day 485 or before—The Board (initial tender of comparison group). ■ 1. The authority citation for part 1011 issues its decision. (G) Day 95—Technical conference on continues to read as follows: * * * * * comparison group.

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(H) Day 120—Parties’ final tenders on (1) The movement has an R/VC ratio factors in paragraph (a) of this section comparison group. Defendant’s reply on of 180% or greater; and any other issues relevant to market market dominance. (2) The movement would exceed 500 dominance. A complainant may elect to (I) Day 150—Parties’ replies to final highway miles between origin and submit rebuttal evidence on market tenders. Complainant’s rebuttal on destination; dominance issues. Reply and rebuttal (3) There is no intramodal market dominance. In cases using the filings under the streamlined market competition from other railroads; dominance approach are each limited to streamlined market dominance (4) There is no barge competition; approach, a telephonic evidentiary 50 pages, inclusive of exhibits and (5) There is no pipeline competition; verified statements. hearing before an administrative law (6) The complainant has used truck judge, as described in § 1111.12(d) of (d)(1) Pursuant to the authority under for 10% or less of its volume (by § 1011.6 of this chapter, an this chapter, will be held at the tonnage) subject to the rate at issue over administrative law judge will hold a discretion of the complainant in lieu of a five-year period; and telephonic evidentiary hearing on the the submission of a written rebuttal on (7) The complainant has no practical market dominance issues at the market dominance issues. The hearing build-out alternative due to physical, discretion of the complainant in lieu of will be held on or about the date that regulatory, financial, or other issues (or the submission of a written rebuttal on the complainant’s rebuttal evidence on combination of issues). rate reasonableness is due. (b) A complainant may rely on any market dominance issues. competent evidence, including a (2) The hearing will be held on or (ii) In addition, the Board will appoint about the date that the complainant’s a liaison within 10 business days of the verified statement from an appropriate official(s) with knowledge of the facts, rebuttal evidence on rate reasonableness filing of the complaint. is due. The complainant shall inform * * * * * in demonstrating the factors set out in paragraph (a) of this section. An the Board by letter submitted in the ■ 6. Add § 1111.12 to read as follows: appropriate official is any individual docket, no later than 10 days after defendant’s reply is due, whether it § 1111.12 Streamlined market dominance. who has either direct or supervisory responsibility for, or otherwise has elects an evidentiary hearing of lieu of (a) A complainant may elect to pursue knowledge or understanding of, the the submission of a written rebuttal on the streamlined market dominance complainant’s transportation needs and market dominance issues. approach to market dominance if the options. The official(s) should provide (3) The Board will provide an challenged movement satisfies the his or her title and a short description unofficial copy of the hearing transcript factors listed in paragraphs (a)(1) of his or her duties in the verified no later than 5 days after the conclusion through (7) of this section. The Board statement. In demonstrating the revenue of the hearing. The Board will provide will find a complainant has made a to variable cost ratio, a complainant the official hearing transcript shortly prima facie showing on market must show its quantitative calculations. thereafter. The hearing transcript will be dominance when it can demonstrate the (c) A defendant’s reply evidence part of the docket in the proceeding. following with regard to the traffic under the streamlined market [FR Doc. 2020–17115 Filed 8–5–20; 8:45 am] subject to the challenged rate: dominance approach may address the BILLING CODE 4915–01–P

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Proposed Rules Federal Register Vol. 85, No. 152

Thursday, August 6, 2020

This section of the FEDERAL REGISTER • Federal eRulemaking Portal: Go to proposal, explain the reason for any contains notices to the public of the proposed https://www.regulations.gov. Follow the recommended change, and include issuance of rules and regulations. The instructions for submitting comments. supporting data. To ensure the docket purpose of these notices is to give interested • Fax: 202–493–2251. does not contain duplicate comments, persons an opportunity to participate in the • Mail: U.S. Department of commenters should submit only one rule making prior to the adoption of the final rules. Transportation, Docket Operations, M– copy of the comments. Send your 30, West Building Ground Floor, Room comments to an address listed under the W12–140, 1200 New Jersey Avenue SE, ADDRESSES section. Include ‘‘Docket No. DEPARTMENT OF TRANSPORTATION Washington, DC 20590. FAA–2020–0686; Product Identifier • Hand Delivery: Deliver to Mail 2019–NM–035–AD’’ at the beginning of Federal Aviation Administration address above between 9 a.m. and 5 your comments. p.m., Monday through Friday, except Except for Confidential Business 14 CFR Part 39 Federal holidays. Information (CBI) as described in the For Boeing service information following paragraph, and other [Docket No. FAA–2020–0686; Product identified in this NPRM, contact Boeing information as described in 14 CFR Identifier 2019–NM–035–AD] Commercial Airplanes, Attention: 11.35, the FAA will post all comments received, without change, as well as a RIN 2120–AA64 Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, report summarizing each substantive Airworthiness Directives; The Boeing Seal Beach, CA 90740–5600; telephone public contact with FAA personnel Company Airplanes 562–797–1717; internet https:// concerning this proposed rulemaking. www.myboeingfleet.com. You may view Before acting on this proposal, the FAA AGENCY: Federal Aviation this referenced service information at will consider all comments received by Administration (FAA), DOT. the FAA, Airworthiness Products the closing date for comments. The FAA ACTION: Notice of proposed rulemaking Section, Operational Safety Branch, will consider comments filed after the (NPRM). 2200 South 216th St., Des Moines, WA. comment period has closed if it is For information on the availability of possible to do so without incurring SUMMARY: The FAA proposes to this material at the FAA, call 206–231– expense or delay. The FAA may change supersede Airworthiness Directive (AD) 3195. It is also available in the Docket this NPRM because of those comments. 2018–23–51, which applies to all The for this rulemaking, which may be Confidential Business Information (CBI) Boeing Company Model 737–8 and 737– found on the internet at https:// 9 (737 MAX) airplanes. Since AD 2018– www.regulations.gov by searching for CBI is commercial or financial 23–51 was issued, the agency has and locating Docket No. FAA–2020– information that is both customarily and determined that final corrective action 0686. actually treated as private by its owner. is necessary to address the unsafe Under the Freedom of Information Act condition. This proposed AD would Examining the AD Docket (FOIA) (5 U.S.C. 552), CBI is exempt require installing new flight control You may examine the AD docket on from public disclosure. If comments computer (FCC) software, revising the the internet at https:// responsive to this NPRM contain existing Airplane Flight Manual (AFM) www.regulations.gov by searching for commercial or financial information to incorporate new and revised and locating Docket No. FAA–2020– that is customarily treated as private, flightcrew procedures, installing new 0686; or in person at Docket Operations that you actually treat as private, and MAX display system (MDS) software, between 9 a.m. and 5 p.m., Monday that is relevant or responsive to this changing the horizontal stabilizer trim through Friday, except Federal holidays. NPRM, it is important that you clearly wire routing installations, completing The AD docket contains this NPRM, any designate the submitted comments as an angle of attack sensor system test, comments received, and other CBI. Please mark each page of your and performing an operational readiness information. The street address for submission containing CBI as flight. This proposed AD would also Docket Operations is listed above. ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential apply to a narrower set of airplanes than Comments will be available in the AD under the FOIA, and they will not be the superseded AD, and allow operation docket shortly after receipt. (dispatch) of an airplane with certain placed in the public docket of this FOR FURTHER INFORMATION CONTACT: Ian NPRM. Submissions containing CBI inoperative systems only if certain Won, Manager, Seattle ACO Branch, provisions are incorporated in the should be sent to the person identified FAA, 2200 South 216th St., Des Moines, in the FOR FURTHER INFORMATION operator’s existing FAA-approved WA 98198; phone and fax: 206–231– minimum equipment list (MEL). The CONTACT section. Any commentary that 3500; email: 9-FAA-SACO-AD-Inquiry@ the FAA receives which is not FAA is proposing this AD to address the faa.gov. unsafe condition on these products. specifically designated as CBI will be SUPPLEMENTARY INFORMATION: placed in the public docket for this DATES: The FAA must receive comments rulemaking. on this proposed AD by September 21, Comments Invited 2020. The FAA invites you to participate in Background ADDRESSES: You may send comments, this rulemaking by submitting written On October 29, 2018, a Boeing Model using the procedures found in 14 CFR comments, data, or views about this 737–8 airplane operated by Lion Air 11.43 and 11.45, by any of the following proposal. The most helpful comments (Lion Air Flight 610) was involved in an methods: reference a specific portion of the accident after takeoff from Soekarno-

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Hatta International Airport in Jakarta, altitude disagree alert,5 and may affect and the Ethiopian Civil Aviation Indonesia, resulting in 189 fatalities. the flightcrew’s ability to accomplish Authority (ECAA). Investigation of the accident has been continued safe flight and landing. The data from the flight data completed by the Indonesian authorities On November 7, 2018, the FAA issued recorders, as summarized in reports 7 of (Komite Nasional Keselamatan Emergency AD 2018–23–51 as an the Ethiopian Airlines Flight 302 Transportasi (KNKT)) with assistance interim corrective action.6 The FAA accident and the Lion Air Flight 610 from the National Transportation Safety sent Emergency AD 2018–23–51 to all accident, indicated that if a single Board (NTSB) and the FAA of the known U.S. owners and operators of erroneously high AOA sensor input is United States, the manufacturer, and the Boeing Model 737 MAX airplanes to received by the flight control system, operator. Reports 1 from the accident require revising certificate limitations the maneuvering characteristics investigation indicate that the airplane’s and operating procedures of the AFM to augmentation system (MCAS) 8 can flight control system 2 generated provide the flightcrew with runaway command repeated airplane nose-down repeated airplane nose-down horizontal horizontal stabilizer trim procedures to trim of the horizontal stabilizer. This stabilizer trim 3 commands contributing follow under certain conditions. The unsafe condition, if not addressed, to the accident. FAA sent Emergency AD 2018–23–51 to could cause the flightcrew to have Following the Lion Air Flight 610 all affected civil aviation authorities difficulty controlling the airplane, and accident on October 29, 2018, data from (CAAs) at the same time. AD 2018–23– lead to excessive airplane nose-down the flight data recorder, which is 51, Amendment 39–19512 (83 FR attitude, significant altitude loss, and contained in the Indonesian accident 62697, December 6, 2018; corrected impact with terrain. report (http://knkt.dephub.go.id/knkt/ December 11, 2018 (83 FR 63561)), was To address the unsafe condition, the ntsc_aviation/baru/2018%20- published in the Federal Register as an FAA proposes to require four design %20035%20-%20PK- amendment to 14 CFR 39.13. changes: (1) Installing updated flight On March 10, 2019, a Boeing Model control software (with new control laws) LQP%20Final%20Report.pdf), indicated 737–8 airplane operated by Ethiopian for the FCC operational program that a single erroneously high angle of Airlines (Ethiopian Airlines Flight 302) software (OPS), (2) installing updated attack (AOA) sensor 4 input to the flight was involved in an accident after takeoff MDS display processing computer control system while the flaps are from Addis Ababa Bole International (DPC) software to generate an AOA retracted can cause repeated airplane Airport in Addis Ababa, Ethiopia, disagree alert,9 (3) revising certain AFM nose-down trim of the horizontal resulting in 157 fatalities. The accident flightcrew operating procedures, and (4) stabilizer and multiple flightdeck is under investigation by the Ethiopian changing the routing of horizontal effects. Accident Investigation Bureau (EAIB) stabilizer trim wires. The first design These effects include stall warning with assistance from the NTSB and the change is intended to prevent erroneous activation, airspeed disagree alert, and FAA of the United States, the French MCAS activation. The second design Bureau of Enquiry and Analysis for change alerts the pilots that the 1 Preliminary KNKT.18.10.35.04 Aircraft Civil Aviation Safety (BEA), the airplane’s two AOA sensors are Accident Investigation Report, dated November 2018, and Final KNKT.18.10.35.04 Aircraft European Union Aviation Safety Agency disagreeing by a certain amount Accident Investigation Report, dated October 2019, (EASA), the manufacturer, the operator, indicating a potential AOA sensor can be found in the AD docket. failure. The third design change is 2 The flight control system for 737 MAX airplanes 5 Stall warning indication is the activation of the intended to ensure that the flightcrew includes two flight control computers, FCC A and stick shaker and other warnings. An airspeed has the means to recognize and respond FCC B, which process inputs from the pilots and disagree alert, or ‘‘IAS (indicated airspeed) to erroneous stabilizer movement and aircraft sensors to move the airplane’s control DISAGREE’’ on the 737 MAX, is a visual alert on surfaces. the airplane’s primary flight displays (PFDs) that the effects of a potential AOA sensor 3 An airplane’s nose-up or nose-down attitude is the airspeed displayed on the captain’s and first failure. The fourth design change is known as its ‘‘pitch attitude.’’ On the 737 MAX, the officer’s PFDs, as sensed by the pitot tubes on either intended to restore compliance with the airplane’s pitch attitude is primarily controlled by side of the airplane, disagree by more than 5 knots FAA’s latest wire separation safety a combination of two movable surfaces on the tail for more than 5 seconds. An altitude disagree alert, of the airplane: The horizontal stabilizer, which is or ‘‘ALT (altitude) DISAGREE’’ on the 737 MAX, is standards. controlled by electric and manual (pilot) trim a visual alert on the PFDs that the altitude, as In addition to these four design inputs, and the elevator, which is controlled by sensed by the static ports on either side of the changes, the FAA also proposes to moving the control columns. ‘‘Pitch trim’’ airplane, disagree by more than 200 feet for more commands move the horizontal stabilizer. Pilots use than 5 seconds. 7 Ethiopian Aircraft Accident Investigation 6 pitch trim to adjust the position of the horizontal Flight data recorder (FDR) data from the Lion Preliminary Report AI–01/19, dated March 2019, stabilizer to achieve the desired flight path and to Air Flight 610 accident airplane indicated that on and the Ethiopian Interim Investigation Report of manage the forces necessary to keep the airplane in the flight just prior to the accident flight (Lion Air accident MAX–8 ET–AVJ, ET–302, dated March stable flight. Flight 043), the airplane experienced the same 2020, can be found in the AD docket. 4 The angle of attack (or AOA) is the angle at single erroneously high AOA sensor failure 8 MCAS is a function of the Speed Trim System which the airplane wing meets the oncoming air. condition upon takeoff that the Lion Air Flight 610 (STS), which is part of the airplane’s flight control On the current 737 MAX, AOA is measured by two crew encountered. The flightcrew on Lion Air system. The STS provides automatic trim inputs to independent AOA sensors, which are small vanes Flight 043 was able to maintain continued safe the horizontal stabilizer during manual flight. The mounted on either side of the forward exterior of flight and land at their planned destination airport STS uses data from a variety of sources, such as the fuselage. For the purposes of this NPRM, ‘‘high’’ in Jakarta. The flightcrew on Lion Air Flight 043 pitot tubes and the AOA sensors, to calculate when AOA is a relatively large angle (associated with had no prior awareness of this type of failure or to make commands. MCAS is activated only during flight conditions outside of the normal flight how to respond to it. The FAA’s review of these manual flight, with flaps up, and when the AOA envelope), and ‘‘low’’ AOA is a relatively small flights and associated risk assessments provided the sensors detect that the airplane is flying with a high angle (associated with flight conditions within the basis for the revised pilot procedures contained in AOA, such as when climbing aggressively or normal flight envelope). Although wing lift the interim action of the FAA’s emergency AD; performing excessively tight turns with high bank increases with increased AOA, an excessively high specifically, the rationale was that if pilots were angles. MCAS makes pitch trim commands to the airplane nose-up AOA can be hazardous, since provided awareness of the airplane and flightdeck horizontal stabilizer during a high AOA event so eventually lift can be lost, causing the airplane to effects of this specific failure scenario and were that the 737 MAX handling qualities are compliant stall. A stall occurs when the airflow around the provided appropriate instructions via the with FAA regulations (including 14 CFR 25.173). wing is sufficiently disrupted to cause the wing to emergency AD, this would enable appropriate pilot 9 An AOA disagree alert, or ‘‘AOA DISAGREE’’ on no longer generate lift. To warn of an impending response to the erroneously high AOA failure the 737 MAX, is a visual alert on the airplane’s stall, the 737 MAX is equipped with a ‘‘stick scenario for the period of time needed to fully PFDs that alerts the flightcrew of a disagreement shaker,’’ which vibrates the control column, eliminate this unsafe condition with a software between the angles of attack measured by each of providing tactile annunciation to the pilot. revision to the flight control computers. the airplane’s two AOA sensors.

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require operators to conduct an AOA command to move the horizontal Also, as a result of the installation of sensor system test and perform an stabilizer, such that the final horizontal this revised MDS software, operators operational readiness flight prior to stabilizer position (after the MCAS would be required to remove ‘‘INOP’’ returning each airplane to service. command) would preserve the markers, if present, from the electronic Finally, operators with an existing FAA- flightcrew’s ability to control the flight instrument system (EFIS) panel of approved MEL would be required to airplane pitch by using only the control the airplane, because the markers would incorporate more restrictive provisions column. The original design allowed no longer be necessary, due to other to dispatch the airplane with certain MCAS commands to be made without changes in the updated MDS software inoperative equipment. The new master consideration of the horizontal stabilizer that are unrelated to this unsafe minimum equipment list (MMEL), position—before or after the MCAS condition. These markers, labeled approved by the FAA, was published on command. ‘‘INOP,’’ indicate that one of the April 10, 2020, after undergoing a An undesired MCAS activation could positions on the dial that selects display public notice and comment process. prompt the flightcrew to perform a non- settings is inoperative. To facilitate the flightcrew’s ability to Proposed Design Changes normal procedure. To ensure that after any foreseeable failure of the stabilizer recognize and respond to undesired The FAA proposes mandating the system, safe flight is not dependent on horizontal stabilizer movement and the following changes to the 737 MAX type the timeliness of the flightcrew effects of a potential AOA sensor failure, design, to address the various aspects of performing a non-normal procedure, the the FAA proposes to mandate revising the unsafe condition. FAA proposes multiple changes. and adding certain operating procedures To ensure that an erroneous signal First, as previously discussed, the (checklists) of the AFM 14 used by the from a failed single AOA sensor does flight control laws would be changed to flightcrew for the 737 MAX. All not prevent continued safe flight and instead use inputs from two AOA transport category airplanes have non- landing, and specifically that it does not sensors for MCAS activation, so that normal checklists to aid the pilots in generate erroneous MCAS activation, there would not be an undesired MCAS responding to airplane failures. the FAA proposes to require installation activation due to a single AOA sensor The following is a general description of updated FCC software with revised failure that could lead a flightcrew to of the changes that would be made to flight control laws 10 associated with 15 perform a non-normal procedure. these checklists, and the purpose of MCAS. These revised flight control laws Second, in the event that MCAS is each change. The FAA will conduct an would use inputs from both AOA activated as intended (i.e., during a high operational evaluation before finalizing sensors to activate MCAS. This is in AOA event), the updated flight control these checklists. (See Flightcrew contrast to the original MCAS design, laws software would limit the number Training section in this preamble for which relied on data from only one of MCAS activations to one per high further information.) sensor at a time, and allowed repeated To reduce the workload on the AOA event, and limit the magnitude of MCAS activation as a result of input flightcrew when they suspect that the any single activation so that the from a single AOA sensor. airspeed indications are unreliable, the flightcrew could maintain pitch control The updated FCC software would also FAA proposes to revise the Airspeed without needing to perform a non- compare the inputs from the two Unreliable checklist of the AFM. This normal procedure. sensors to detect a failed AOA sensor. checklist would be revised to (1) add a The FAA also proposes requiring an If the difference between the AOA step to allow the flightcrew to determine additional software update that would sensor inputs is above a calculated a reliable airspeed indication without alert the flightcrew to a disagreement threshold,11 the FCC would disable the the use of reference tables, (2) improve between the two AOA sensors. This speed trim system (STS), including its the procedure for go-arounds to allow disagreement indicates certain AOA MCAS function, for the remainder of for increased use of automation, (3) add sensor failures or a significant that flight, and provide a corresponding a step to ensure that erroneous altitude calibration issue. The updated MDS indication of such deactivation on the information is not transmitted via the software would implement an AOA flight deck. transponder to air traffic control (ATC), To ensure that MCAS will not DISAGREE alert on all 737 MAX and (4) add erroneous AOA as a command repeated movements of the airplanes. Some 737 MAX airplanes horizontal stabilizer, the revised flight were delivered without this alert 14 The AFM is an FAA-approved document that control laws would permit only one feature, by error. While the lack of an manufacturers are required to furnish to owners upon delivery of the airplane, and that provides activation of MCAS per sensed high AOA DISAGREE alert is not an unsafe condition itself, the FAA is proposing to necessary safety information. See 14 CFR 25.1581. AOA event. A subsequent activation of This information includes procedures (emergency MCAS would be possible only after the mandate this software update to restore and non-normal) for foreseeable but unusual airplane returns to a low AOA state, compliance with 14 CFR 25.1301 and situations that necessitate flightcrew action. See 14 CFR 25.1585. These procedures provide the below the threshold that would cause because the flightcrew procedures mandated by this AD now rely on this flightcrew with instructions, including checklists, MCAS activation. on how to respond to these conditions. Some of The updated FCC software would also alert to guide flightcrew action. As a these conditions require immediate action by the limit 12 the magnitude of any MCAS result of the changes proposed in this flightcrew, so some checklists identify certain tasks AD, differences between the two AOA that the flightcrew is expected to accomplish from memory; these items are commonly known as 10 A flight control law generates commands to sensors greater than a certain memory steps or ‘‘recall’’ items. Other conditions move flight control surfaces based on inputs from threshold 13 would cause an AOA have checklists that do not need to be memorized; the flightcrew and sensors on the airplane. Flight DISAGREE alert on the primary flight these items are commonly known as ‘‘reference’’ control laws reside in software, and are developed displays (PFDs). items. to generate commands from the flight control 15 All of the checklists that the FAA proposes to computers that will achieve desired airplane revise or add to the AFM are already part of performance. altitude and airspeed, and would be limited such Boeing’s Quick Reference Handbook, or QRH, for 11 The calculated threshold would be a function that after the command is made, the pilot would be the 737 MAX (except for the IAS Disagree checklist, of the magnitude of the disagreement and the rate able to maintain level flight, climb, and descend, which is new to both the AFM and the QRH). The of change of the AOA sensor position values. using control column inputs only. QRH is a nonregulatory tool used by flightcrews 12 The magnitude of the command varies 13 More than 10 degrees difference for more than that includes information for non-normal and according to parameters such as the airplane’s 10 seconds. emergency conditions, including AFM procedures.

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potential cause for unreliable airspeed information for the flightcrew to use if action to bring the airplanes into conditions. the airplane is in flight. regulatory compliance. The Runaway Stabilizer checklist of The FAA proposes to add an AOA the AFM is used when there is Disagree checklist as a procedure to the Proposed Maintenance-Related Actions undesired movement of the airplane’s AFM, because the FAA proposes that To ensure that each airplane’s two horizontal stabilizer. The FAA proposes the AOA DISAGREE alert be available AOA sensors are functioning properly revisions to the criteria for this on the PFDs for all 737 MAX airplanes. upon return to service, the FAA checklist’s use, to include when Therefore, this proposed checklist proposes to mandate that operators uncommanded horizontal stabilizer would be used when there is an perform an AOA sensor system test on movement occurs continuously or in a indication, such as an AOA DISAGREE each airplane prior to its return to manner not appropriate for current alert, that the airplane’s left and right service. This test uses a fixture to flight conditions. The revised checklist AOA vanes disagree. The checklist position the AOA vane and verify that would include an explicit recall item would inform the flightcrew to the reading provided by each AOA that instructs the flightcrew to use their accomplish the Airspeed Unreliable sensor is accurate. thumb-actuated trim switch to reduce checklist. The FAA allows operators to utilize forces on the control column. The The FAA proposes to add the ALT an MEL for time-limited operation with checklist would also include a recall Disagree checklist as a procedure to the certain equipment inoperative, after item to use the control column and AFM. This checklist is used when the which the system must be fully restored. thrust levers to control the airplane’s captain’s and first officer’s altitude (See 14 CFR 91.213, 121.628, 125.201, pitch attitude and airspeed. Finally, the indicators disagree, generating an ALT and 129.14.) This proposed AD would checklist would be revised to add a DISAGREE alert on the airplane’s PFDs. continue to allow use of an existing reference item to manually trim the This proposed checklist would provide FAA-approved MEL associated with the horizontal stabilizer for pitch control, procedures to the flightcrew that would flight control system modified by the and note that a two-pilot effort may be initially be driven by whether there is actions of this AD, provided that the used to correct an out-of-trim condition. also an IAS DISAGREE alert shown on more restrictive provisions of figure 10 The Stabilizer Trim Inoperative the airplane’s PFDs. The checklist to paragraph (i) of this proposed AD are checklist of the AFM would be revised would also provide additional steps for adopted into the operator’s existing to better align with the other non- the flightcrew to subsequently complete FAA-approved MEL. normal checklists, and modified to for the descent, approach, and landing Given the unprecedented length of provide guidance for manually phases of flight. time that the FAA has limited the trimming the stabilizer for pitch control, The final checklist that the FAA operation of these airplanes, and the noting that a two-pilot effort may be proposes to add to the AFM is a new importance of the flight control system used and will not cause system damage. IAS Disagree checklist. This checklist is to safety, the FAA proposes to mandate As previously discussed, one of the used when captain’s and first officer’s an operational readiness flight after the design changes proposed by this NPRM airspeed indicators—their ‘‘indicated design changes proposed by this AD is a flight control law that would render airspeed’’ or ‘‘IAS’’—disagree. The have been done, but prior to each the STS and MCAS functions checklist directs the flightcrew to airplane being introduced into service. inoperative if the airplane’s AOA accomplish the Airspeed Unreliable sensors disagree. To assist the flightcrew checklist. Emergency Order of Prohibition in properly responding to such an Since this NPRM proposes to On March 13, 2019, the FAA issued occurrence, a non-normal checklist, supersede AD 2018–23–51, the an Emergency Order of Prohibition, called the Speed Trim Fail checklist, procedural information required by that which prohibits the operation of Boeing would be added to the AFM. This AD would be outdated when the final Model 737–8 and 737–9 airplanes by checklist would be used when the STS rule is effective and therefore would be U.S.-certificated operators or in U.S. and MCAS functions are inoperative, removed. territory. and inform the flightcrew to continue As part of the FAA’s review of these The FAA plans to amend the normal operation. It would also note design changes, the agency reviewed the Emergency Order of Prohibition in that the STS will not provide horizontal entirety of the 737 MAX horizontal conjunction with adopting the final stabilizer trim inputs when the airplane stabilizer control system. This review rule. The amended Emergency Order of deviates from its trimmed airspeed. revealed that the physical separation of Prohibition will address the actions that The FAA proposes adding the the horizontal stabilizer trim arm wiring the Administrator deems appropriate to Stabilizer Out of Trim checklist to the and the horizontal stabilizer trim return the affected airplanes to service. AFM. The Stabilizer Out of Trim control wiring does not meet the criteria checklist would be used when the specified in 14 CFR 25.1707. This Related Service Information Under 1 autopilot does not set the horizontal design standard was promulgated in CFR Part 51 stabilizer trim correctly. Under the 2007 and therefore is part of the The FAA reviewed the following current design, the STAB OUT OF TRIM certification basis of the 737 MAX but service information. light illuminates in flight to inform the not of previous Boeing Model 737 • Boeing Special Attention Service flightcrew that the airplane’s autopilot airplanes. Certain wiring installations Bulletin 737–31–1860, dated June 12, is not setting the horizontal stabilizer must have enough physical separation 2020, describes procedures for trim correctly. Under the new design, as so that a wiring failure cannot create a installation of MDS software, a software part of the aforementioned FCC software hazard. Since design changes must installation verification and corrective update, this light will now also comply with FAA regulations, the FAA actions, and removal of certain INOP illuminate on the ground, to inform the proposes to require changes to the markers on the EFIS control panels. flightcrew of a partial failure of a flight wiring installation to meet the required • Boeing Special Attention Service control computer. If the airplane is on physical separation between the Bulletin 737–27–1318, Revision 1, dated the ground, the checklist will instruct horizontal stabilizer trim arm wiring June 24, 2020, describes procedures for the flightcrew to not take off. The and the horizontal stabilizer trim changing of the horizontal stabilizer checklist provides additional control wiring. The FAA proposes this trim wire routing installations.

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• Boeing Special Attention Service markers if applicable, by accomplishing Board Report at https://www.faa.gov/ Bulletin 737–00–1028, dated July 20, the applicable actions identified as aircraft/draft_docs/fsb/ for public 2020, describes procedures for an AOA ‘‘RC’’ in the Accomplishment comment. You may subscribe to this sensor system test and an operational Instructions of Boeing Special Attention page to receive notification when the readiness flight. Service Bulletin 737–31–1860, dated FAA posts the draft report. This service information is reasonably June 12, 2020. Additionally, during the operational • available because the information is Performing an AOA sensor system evaluation, the FAA will evaluate the posted in the docket and because the test, by accomplishing the applicable operating procedures (checklists) interested parties otherwise have access actions identified as ‘‘RC’’ in the proposed in this AD. If the FAA to it through their normal course of Accomplishment Instructions of Boeing determines that the operational business or by the means identified in Special Attention Service Bulletin 737– evaluation results necessitate additional the ADDRESSES section. 00–1028, dated July 20, 2020. changes to the checklists proposed in • FAA’s Determination Performing an operational readiness this AD, the FAA will post these flight, by accomplishing the applicable The FAA is proposing this AD changes as an addendum to the draft actions identified as ‘‘RC’’ in the Boeing 737 Flight Standardization because the agency evaluated all the Accomplishment Instructions of Boeing relevant information and determined Board Report for public comment. If an Special Attention Service Bulletin 737– the unsafe condition described addendum is posted, the FAA will 00–1028, dated July 20, 2020. previously is likely to exist or develop announce the availability of it in the in other products of the same type Explanation of Change to the Federal Register. The FAA will design. Applicability consider the report and the comments submitted in finalizing the AD. Proposed AD Requirements AD 2018–23–51 applies to all 737 Explanation of Certain Provisions for This proposed AD would require the MAX airplanes. This proposed AD would apply only to the 737 MAX Alternative Methods of Compliance following actions: (AMOCs) • Installing new FCC OPS software airplanes identified in Boeing Special Attention Service Bulletin 737–31– and doing a software installation Because some operators may use a 1860, dated June 12, 2020, which verification. procedural method for translating AFM • identifies line numbers for airplanes Revising the existing AFM to requirements that is different from that with an original airworthiness incorporate new and revised published by Boeing, the FAA will certificate or original export certificate information and procedures, and to consider approving AMOCs, as of airworthiness issued on or before the remove the information from the appropriate, to address those effective date of the original Emergency applicable sections that was required by differences. For procedural aspects Order of Prohibition. Airplanes that AD 2018–23–51, because that (including how specific AFM wording is have not received an original information would be no longer translated into operationally approved airworthiness certificate or original applicable based on the design changes documents such as a Flight Crew export certificate of airworthiness on or specified in this proposed AD. Operations Manual (FCOM) or related • before the date of the original Requiring, for operators who wish Quick Reference Handbook (QRH)), the Emergency Order of Prohibition will to allow dispatch of an airplane with FAA encourages operators, in have been modified to incorporate the certain inoperative systems, coordination with their principal changes required by this AD prior to incorporating certain provisions into the inspectors, to contact the appropriate receiving an original, or original export, operator’s existing FAA-approved MEL. Aircraft Evaluation Group (AEG) office airworthiness certificate. This proposed AD would also require for additional guidance. the following actions. For information Flightcrew Training on those procedures, see this service In addition, Boeing Special Attention information at https:// The FAA, through an operational Service Bulletin 737–27–1318, Revision www.regulations.gov by searching for evaluation, will assess the impact of the 1, dated June 24, 2020, specifies and locating Docket No. FAA–2020– proposed aircraft design changes on reporting and coordinating any 0686. pilot training. The FAA intends to deviations from the Accomplishment • Changing the horizontal stabilizer conduct this evaluation jointly with Instructions with Boeing. Boeing will trim wire routing installation, by three international civil aviation coordinate deviations from ‘‘RC’’ actions accomplishing the actions identified as authorities: Ageˆncia Nacional de with the FAA. Documenting approval of ‘‘RC’’ (required for compliance) in the Aviac¸a˜o Civil (ANAC) Brazil, Transport these deviations will facilitate the Accomplishment Instructions of Boeing Canada Civil Aviation (TCCA), and the approval of AMOCs, if needed. Special Attention Service Bulletin 737– EASA. The FAA will issue a draft Costs of Compliance 27–1318, Revision 1, dated June 24, Boeing 737 Flight Standardization 2020. Board Report documenting the results of The FAA estimates that this proposed • Installing revised MDS software, the operational evaluation on pilot AD affects 73 airplanes of U.S. registry. doing a software installation training. The FAA will post the draft The agency estimates the following verification, and removing INOP Boeing 737 Flight Standardization costs to comply with this proposed AD:

ESTIMATED COSTS

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

FCC OPS installation and verification .. 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... $6,205. AFM revisions ...... 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... $6,205. MDS installation and verification, INOP 1 work-hour × $85 per hour = $85 ...... $0 ...... $85 ...... $6,205. marker removal.

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ESTIMATED COSTS—Continued

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

Stabilizer wiring change ...... Up to 79 work-hours × $85 per hour = Up to $3,790 ...... Up to $10,505 ...... Up to $766,865. Up to $6,715. AOA sensor system test ...... 40 work-hours × $85 per hour = $0 ...... $3,400 ...... $248,200. $3,400.

The FAA has received no definitive Regulatory Findings December 6, 2018; corrected December 11, 2018 (83 FR 63561)) (‘‘AD 2018–23–51’’). data that would enable the agency to The FAA has determined that this provide cost estimates for the proposed AD would not have federalism (c) Applicability operational readiness flight specified in implications under Executive Order This AD applies to The Boeing Company this proposed AD. 13132. This proposed AD would not Model 737–8 and 737–9 airplanes, Operators that have a MEL and choose have a substantial direct effect on the certificated in any category, as identified in States, on the relationship between the Boeing Special Attention Service Bulletin to dispatch an airplane with an 737–31–1860, dated June 12, 2020. inoperative flight control system national Government and the States, or affected by this AD would be required on the distribution of power and (d) Subject to incorporate certain provisions into responsibilities among the various Air Transport Association (ATA) of the operator’s existing FAA-approved levels of government. America Code 22, Auto flight; 27, Flight MEL. The FAA has determined that For the reasons discussed above, I controls; and 31, Indicating/recording systems. revising the operator’s existing FAA- certify that the proposed regulation: approved MEL takes an average of 90 (1) Is not a ‘‘significant regulatory (e) Unsafe Condition action’’ under Executive Order 12866, work-hours per operator, although the This AD was prompted by the potential for (2) Will not affect intrastate aviation agency recognizes that this number may a single erroneously high angle of attack in Alaska, and (AOA) sensor input received by the flight vary from operator to operator. Since (3) Will not have a significant operators incorporate MEL changes for control system to result in repeated airplane economic impact, positive or negative, nose-down trim of the horizontal stabilizer, their affected fleet(s), the FAA has on a substantial number of small entities which, in combination with multiple determined that a per-operator estimate under the criteria of the Regulatory flightdeck effects, could affect the is more accurate than a per-airplane Flexibility Act. flightcrew’s ability to accomplish continued estimate. Therefore, the FAA estimates safe flight and landing. List of Subjects in 14 CFR Part 39 the average total cost per operator to be (f) Compliance × $7,650 (90 work-hours $85 per work- Air transportation, Aircraft, Aviation Comply with this AD within the hour). safety, Incorporation by reference, compliance times specified, unless already According to the manufacturer, some Safety. done. or all of the costs of this proposed AD The Proposed Amendment (g) Installation/Verification of Flight Control may be covered under warranty, thereby Computer (FCC) Operational Program Accordingly, under the authority reducing the cost impact on affected Software (OPS) delegated to me by the Administrator, operators. the FAA proposes to amend 14 CFR part Before further flight, install FCC OPS software version P12.1.2, part number (P/N) Authority for This Rulemaking 39 as follows: 2274–COL–AC2–26, or later-approved software versions, on FCC A and FCC B, and Title 49 of the United States Code PART 39—AIRWORTHINESS do a software installation verification. During specifies the FAA’s authority to issue DIRECTIVES the installation verification, if the approved rules on aviation safety. Subtitle I, software part number is not shown as being ■ Section 106, describes the authority of 1. The authority citation for part 39 installed on FCC A and FCC B, before further the FAA Administrator. Subtitle VII, continues to read as follows: flight, do corrective actions until the Aviation Programs, describes in more Authority: 49 U.S.C. 106(g), 40113, 44701. approved software part number is installed on FCC A and FCC B. Later-approved detail the scope of the Agency’s § 39.13 [Amended] software versions are only those Boeing authority. ■ 2. The FAA amends § 39.13 by software versions that are approved as a The FAA is issuing this rulemaking removing Airworthiness Directive (AD) replacement for the applicable software, and under the authority described in are approved as part of the type design by the 2018–23–51, Amendment 39–19512 (83 FAA after the effective date of this AD. Subtitle VII, Part A, Subpart III, Section FR 62697, December 6, 2018; corrected 44701, General requirements. Under Note 1 to paragraph (g): Guidance for December 11, 2018 (83 FR 63561)), and doing the installation and installation that section, Congress charges the FAA adding the following new AD: verification of the FCC OPS software can be with promoting safe flight of civil The Boeing Company: Docket No. FAA– found in Boeing 737–7/8/8200/9/10 Aircraft aircraft in air commerce by prescribing 2020–0686; Product Identifier 2019– Maintenance Manual (AMM), Section 22–11– regulations for practices, methods, and NM–035–AD. 33. procedures the Administrator finds (h) Airplane Flight Manual (AFM) Revisions necessary for safety in air commerce. (a) Comments Due Date This regulation is within the scope of The FAA must receive comments on this Before further flight, revise the existing AD action by September 21, 2020. AFM to include the changes specified in that authority because it addresses an paragraphs (h)(1) through (10) of this AD. unsafe condition that is likely to exist or (b) Affected ADs Revising the existing AFM to include the develop on products identified in this This AD replaces AD 2018–23–51, changes specified in paragraphs (h)(2) rulemaking action. Amendment 39–19512 (83 FR 62697, through (10) of this AD may be done by

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inserting a copy of figures 1 through 9 to (1) In the Certificate Limitations and (2) In the Operating Procedures chapter, paragraphs (h)(2) through (10) of this AD into Operating Procedures chapters, remove the revise the General paragraph to include the the existing AFM. information identified as ‘‘Required by AD information in figure 1 to paragraph (h)(2) of 2018–23–51.’’ this AD.

(3) In the Operating Procedures chapter, paragraph with the information in figure 2 to replace the existing Airspeed Unreliable paragraph (h)(3) of this AD.

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(4) In the Operating Procedures chapter, paragraph with the information in figure 3 to replace the existing Runaway Stabilizer paragraph (h)(4) of this AD.

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(5) In the Operating Procedures chapter, Inoperative paragraph with the information replace the existing Stabilizer Trim in figure 4 to paragraph (h)(5) of this AD.

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(6) In the Operating Procedures chapter, add the information in figure 5 to paragraph (h)(6) of this AD.

(7) In the Operating Procedures chapter, add the information in figure 6 to paragraph (h)(7) of this AD.

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(8) In the Operating Procedures chapter, add the information in figure 7 to paragraph (h)(8) of this AD.

(9) In the Operating Procedures chapter, add the information in figure 8 to paragraph (h)(9) of this AD.

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(10) In the Operating Procedures chapter, add the information in figure 9 to paragraph (h)(10) of this AD.

(i) Minimum Equipment List (MEL) modified by this AD are inoperative, an Provisions for Inoperative Flight Control airplane may be operated (dispatched) only System Functions if the provisions specified in figure 10 to In the event that the airplane functions paragraph (i) of this AD are incorporated into associated with the flight control system as the operator’s existing FAA-approved MEL.

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Note 2 to paragraph (i): The MEL Instructions of Boeing Special Attention following the operator’s FAA-approved provisions specified in figure 10 to paragraph Service Bulletin 737–27–1318, Revision 1, maintenance or inspection program, as (i) of this AD correspond to Master Minimum dated June 24, 2020. applicable. Equipment List (MMEL) items 22–10–01B, 22–10–02, 22–10–03, 22–11–01, 22–11–02, (l) AOA Sensor System Test (n) Special Flight Permits 22–11–05–02B, 22–11–06–2B, 22–11–08– Before further flight, do all applicable Special flight permits may be issued in 01A, 22–11–08–01B, 22–11–10A, 22–11–10B, actions identified as ‘‘RC’’ for the ‘‘Angle of accordance with 14 CFR 21.197 and 21.199 and 27–41–01, in the existing FAA-approved Attack (AOA) Sensor System Test’’ specified to operate the airplane to a location where Boeing 737 MAX B–737–8/-9 MMEL, in, and in accordance with, the the actions of this AD can be performed. Revision 2, dated April 10, 2020, which can Accomplishment Instructions of Boeing be found on the Flight Standards Information Special Attention Service Bulletin 737–00– (o) Credit for Previous Actions Management System (FSIMS) website, 1028, dated July 20, 2020. This paragraph provides credit for the https://fsims.faa.gov/PICResults.aspx?mode= actions specified in paragraph (k) of this AD, Publication&doctype=MMELByModel. (m) Operational Readiness Flight if those actions were performed before the (1) Before further flight and after effective date of this AD using Boeing Special (j) Installation/Verification of MAX Display accomplishment of all applicable required Attention Service Bulletin 737–27–1318, System (MDS) Software, Removal of INOP actions in paragraphs (g) through (l) of this dated June 10, 2020. Markers AD, do all applicable actions identified as ‘‘RC’’ for the ‘‘Operational Readiness Flight’’ (p) Alternative Methods of Compliance Before further flight, do all applicable (AMOCs) actions identified as ‘‘RC’’ (required for specified in, and in accordance with, the compliance) in, and in accordance with, the Accomplishment Instructions of Boeing (1) The Manager, Seattle ACO Branch, Accomplishment Instructions of Boeing Special Attention Service Bulletin 737–00– FAA, has the authority to approve AMOCs Special Attention Service Bulletin 737–31– 1028, dated July 20, 2020. A special flight for this AD, if requested using the procedures 1860, dated June 12, 2020. permit is not required to accomplish the found in 14 CFR 39.19. In accordance with operational readiness flight required by this 14 CFR 39.19, send your request to your (k) Horizontal Stabilizer Trim Wire Bundle paragraph. principal inspector or responsible Flight Routing Change (2) After the operational readiness flight Standards Office, as appropriate. If sending Before further flight, do all applicable and before further flight, any mechanical information directly to the manager of the actions identified as ‘‘RC’’ in, and in irregularities that occurred during the certification office, send it to the attention of accordance with, the Accomplishment operational readiness flight must be resolved the person identified in paragraph (q)(1) of

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this AD. Information may be emailed to: 9- ACTION: Notice of proposed rulemaking Comments will be available in the AD [email protected]. (NPRM). docket shortly after receipt. (2) Before using any approved AMOC, FOR FURTHER INFORMATION CONTACT: notify your appropriate principal inspector, SUMMARY: The FAA proposes to adopt a or lacking a principal inspector, the manager Doug Rudolph, Aerospace Engineer, new airworthiness directive (AD) for FAA, General Aviation & Rotorcraft of the responsible Flight Standards Office. Pilatus Aircraft Ltd. Model PC–12/47E (3) AMOCs approved previously for AD Section, International Validation 2018–23–51 are not approved as AMOCs for airplanes. This proposed AD results Branch, 901 Locust, Room 301, Kansas this AD. from mandatory continuing City, Missouri 64106; telephone: (816) (4) For service information that contains airworthiness information (MCAI) 329–4059; fax: (816) 329–4090; email: steps that are labeled as Required for originated by an aviation authority of [email protected]. Compliance (RC), the provisions of another country to identify and correct paragraphs (p)(4)(i) and (ii) of this AD apply. an unsafe condition on an aviation SUPPLEMENTARY INFORMATION: (i) The steps labeled as RC, including product. The MCAI describes the unsafe substeps under an RC step and any figures Comments Invited condition as seizing of a main landing identified in an RC step, must be done to The FAA invites you to send any comply with the AD. If a step or substep is gear (MLG) spring pack assembly. The FAA is proposing this AD to address the written relevant data, views, or labeled ‘‘RC Exempt,’’ then the RC arguments about this proposed AD. requirement is removed from that step or unsafe condition on these products. Send your comments to an address substep. An AMOC is required for any DATES: The FAA must receive comments deviations to RC steps, including substeps listed under the ADDRESSES section. and identified figures. on this proposed AD by September 21, Include ‘‘Docket No. FAA–2020–0746; (ii) Steps not labeled as RC may be 2020. Product Identifier 2019–CE–012–AD’’ at deviated from using accepted methods in ADDRESSES: You may send comments by the beginning of your comments. The accordance with the operator’s maintenance any of the following methods: FAA will consider all comments or inspection program without obtaining • Federal eRulemaking Portal: Go to received by the closing date and may approval of an AMOC, provided the RC steps, https://www.regulations.gov. Follow the including substeps and identified figures, can amend this proposed AD because of still be done as specified, and the airplane instructions for submitting comments. those comments. can be put back in an airworthy condition. • Fax: (202) 493–2251. Except for Confidential Business • Mail: U.S. Department of Information as described in the (q) Related Information Transportation, Docket Operations, M– following paragraph, and other (1) For more information about this AD, 30, West Building Ground Floor, Room information as described in 14 CFR contact Ian Won, Manager, Seattle ACO W12–140, 1200 New Jersey Avenue SE, 11.35, the FAA will post all comments Branch, FAA, 2200 South 216th St., Des Washington, DC 20590. received, without change, to https:// Moines, WA 98198; phone and fax: 206–231– • 3500; email: 9-FAA-SACO-AD-Inquiry@ Hand Delivery: U.S. Department of regulations.gov, including any personal faa.gov. Transportation, Docket Operations, M– information you provide. The FAA will (2) For service information identified in 30, West Building Ground Floor, Room also post a report summarizing each this AD, contact Boeing Commercial W12–140, 1200 New Jersey Avenue SE, substantive verbal contact it receives Airplanes, Attention: Contractual & Data Washington, DC 20590, between 9 a.m. about this proposed AD. Services (C&DS), 2600 Westminster Blvd., and 5 p.m., Monday through Friday, Confidential Business Information MC 110–SK57, Seal Beach, CA 90740–5600; except Federal holidays. telephone 562–797–1717; internet https:// www.myboeingfleet.com. You may view this For service information identified in CBI is commercial or financial referenced service information at the FAA, this proposed AD, contact Pilatus information that is both customarily and Airworthiness Products Section, Operational Aircraft Ltd., Customer Technical actually treated as private by its owner. Safety Branch, 2200 South 216th St., Des Support (MCC), P.O. Box 992, CH–6371 Under the Freedom of Information Act Moines, WA. For information on the Stans, Switzerland; telephone: +41 (0)41 (FOIA) (5 U.S.C. 552), CBI is exempt availability of this material at the FAA, call 619 67 74; fax: +41 (0)41 619 67 73; from public disclosure. If your 206–231–3195. email: Techsupport@pilatus- comments responsive to this NPRM Issued on August 3, 2020. aircraft.com; internet: https:// contain commercial or financial Lance T. Gant, www.pilatus-aircraft.com/en. You may information that is customarily treated Director, Compliance & Airworthiness review this referenced service as private, that you actually treat as Division, Aircraft Certification Service. information at the FAA, Airworthiness private, and that is relevant or [FR Doc. 2020–17221 Filed 8–5–20; 8:45 am] Products Section, Operational Safety responsive to this NPRM, it is important BILLING CODE 4910–13–P Branch, 901 Locust, Kansas City, that you clearly designate the submitted Missouri 64106. For information on the comments as CBI. Please mark each availability of this material at the FAA, page of your submission containing CBI DEPARTMENT OF TRANSPORTATION call (816) 329–4148. as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential Federal Aviation Administration Examining the AD Docket under the FOIA, and they will not be You may examine the AD docket on placed in the public docket of this 14 CFR Part 39 the internet at https:// NPRM. Submissions containing CBI [Docket No. FAA–2020–0746; Product www.regulations.gov by searching for should be sent to Doug Rudolph, Identifier 2019–CE–012–AD] and locating Docket No. FAA–2020– Aerospace Engineer, FAA, General 0746; or in person at Docket Operations Aviation & Rotorcraft Section, RIN 2120–AA64 between 9 a.m. and 5 p.m., Monday International Validation Branch, 901 Airworthiness Directives; Pilatus through Friday, except Federal holidays. Locust, Room 301, Kansas City, Aircraft Ltd. Airplanes The AD docket contains this proposed Missouri 64106. Any commentary that AD, the regulatory evaluation, any the FAA receives which is not AGENCY: Federal Aviation comments received, and other specifically designated as CBI will be Administration (FAA), Department of information. The street address for placed in the public docket for this Transportation (DOT). Docket Operations is listed above. rulemaking.

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Discussion bilateral agreement with this State of responsibilities among the various The European Union Aviation Safety Design Authority, it had notified the levels of government. Agency (EASA), which is the Technical FAA of the unsafe condition described For the reasons discussed above, I Agent for the Member States of the in the MCAI and service information certify this proposed regulation: (1) Is not a ‘‘significant regulatory European Community, has issued AD referenced above. The FAA is proposing this AD because it evaluated all action’’ under Executive Order 12866, No. 2019–0032, dated February 15, 2019 (2) Will not affect intrastate aviation (referred to after this as ‘‘the MCAI’’), to information and determined the unsafe condition exists and is likely to exist or in Alaska, and correct an unsafe condition for Pilatus (3) Will not have a significant Aircraft Ltd. Model PC–12/47E develop on other products of the same type design. economic impact, positive or negative, airplanes. The MCAI states: on a substantial number of small entities An occurrence was reported of an Costs of Compliance under the criteria of the Regulatory unlocked main landing gear (MLG) during The FAA estimates that this proposed Flexibility Act. landing of a PC–12/47E, equipped with electro-mechanical landing gear. Subsequent AD would affect 29 products of U.S. List of Subjects in 14 CFR Part 39 investigation identified that the aeroplane registry. The FAA also estimates that it would take about 3 work-hours per Air transportation, Aircraft, Aviation was equipped with an affected part [spring safety, Incorporation by reference, pack assemblies having part number (P/N) product to comply with the replacement 532.34.12.101], which had completely seized. requirements of this proposed AD. The Safety. Serviceable parts [spring pack assemblies average labor rate is $85 per work-hour. The Proposed Amendment having P/N 532.34.12.120] have a special Required parts would cost about $5,000 Accordingly, under the authority surface treatment on the inner and outer per product. tube, which would have prevented the delegated to me by the Administrator, seizure. Based on these figures, the FAA the FAA proposes to amend 14 CFR part This condition, if not corrected, could lead estimates the cost of this proposed AD 39 as follows: to failure of an MLG spring pack assembly, on U.S. operators to be $152,395, or possibly resulting in inability to safely $5,255 per product. PART 39—AIRWORTHINESS extend the MLG and consequent loss of According to the manufacturer, some DIRECTIVES control of the aeroplane after landing. of the costs of this proposed AD may be To address this potential unsafe condition, covered under warranty, thereby ■ 1. The authority citation for part 39 Pilatus issued the [service bulletin] SB to reducing the cost impact on affected continues to read as follows: provide inspection and modification instructions. individuals. The FAA does not control Authority: 49 U.S.C. 106(g), 40113, 44701. warranty coverage for affected For the reason described above, this § 39.13 [Amended] [EASA] AD requires replacement of affected individuals. As a result, the FAA has ■ parts with serviceable parts, and prohibits included all costs in this cost estimate. 2. The FAA amends § 39.13 by adding (re)installation of affected parts. the following new airworthiness Authority for This Rulemaking directive: Forty-two airplanes were built that may have this version of the spring pack Title 49 of the United States Code Pilatus Aircraft Ltd.: Docket No. FAA–2020– assembly installed. An improved spring specifies the FAA’s authority to issue 0746; Product Identifier 2019–CE–012– pack assembly with a hard chrome rules on aviation safety. Subtitle I, AD. plated inner tube was introduced in section 106, describes the authority of (a) Comments Due Date 2014. You may examine the MCAI on the FAA Administrator. Subtitle VII: Aviation Programs describes in more The FAA must receive comments by the internet at https:// September 21, 2020. www.regulations.gov by searching for detail the scope of the Agency’s (b) Affected ADs and locating Docket No. FAA–2020– authority. 0746. The FAA is issuing this rulemaking None. under the authority described in (c) Applicability Related Service Information Under 1 Subtitle VII, Part A, Subpart III, section CFR Part 51 44701: General requirements. Under This airworthiness directive (AD) applies to Pilatus Aircraft Ltd. Model PC–12/47E Pilatus Aircraft Ltd. has issued PC–12 that section, Congress charges the FAA airplanes, serial numbers 1300 and 1451 thru Service Bulletin No. 32–027, dated with promoting safe flight of civil 1944 (except serial number 1720), certificated January 7, 2019. The service information aircraft in air commerce by prescribing in any category, with a main landing gear contains procedures for inspecting the regulations for practices, methods, and (MLG) spring pack assembly part number MLG spring pack assembly to determine procedures the Administrator finds (P/N) 532.34.12.101 installed. the part number, removing and necessary for safety in air commerce. (d) Subject discarding any affected spring pack This regulation is within the scope of that authority because it addresses an Air Transport Association of America assemblies, and installing the improved (ATA) Code 32: Landing Gear. design spring pack assemblies. This unsafe condition that is likely to exist or service information is reasonably develop on products identified in this (e) Reason available because the interested parties rulemaking action. This AD was prompted by mandatory continuing airworthiness information (MCAI) have access to it through their normal Regulatory Findings course of business or by the means originated by an aviation authority of another identified in the ADDRESSES section. The FAA determined that this country to identify and correct an unsafe proposed AD would not have federalism condition on an aviation product. The MCAI FAA’s Determination and Requirements implications under Executive Order describes the unsafe condition as seizing of of This Proposed AD an MLG spring pack assembly. The FAA is 13132. This proposed AD would not issuing this AD to prevent failure of the MLG This product has been approved by have a substantial direct effect on the spring pack assembly, which could result in the aviation authority of another States, on the relationship between the the inability to extend the MLG with country and is approved for operation in national Government and the States, or consequent loss of control of the airplane the United States. Pursuant to the FAA’s on the distribution of power and after landing.

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(f) Actions and Compliance ACTION: Notice of proposed rulemaking www.regulations.gov by searching for (1) Within 2 months after the effective date (NPRM). and locating Docket No. FAA–2020– of this AD, remove from service MLG spring 0685; or in person at Docket Operations pack assembly P/N 532.34.12.101 and install SUMMARY: The FAA proposes to adopt a between 9 a.m. and 5 p.m., Monday MLG spring pack assembly P/N new airworthiness directive (AD) for all through Friday, except Federal holidays. 532.34.12.120 by following the Airbus Helicopters Model EC130B4 The AD docket contains this NPRM, any Accomplishment Instructions-Part A- helicopters. This proposed AD was comments received, and other Aircraft, section 3.B., in Pilatus PC–12 prompted by reports of inflight information. The street address for Service Bulletin No. 32–027, dated January 7, detachment of the left-hand (LH) side 2019. Docket Operations is listed above. cabin sliding doors and cases of impact Comments will be available in the AD (2) As of the effective date of this AD, do damage on the main rotor blades, which not install an MLG spring pack assembly docket shortly after receipt. P/N 532.34.12.101 on any airplane. were caused by degradation of the sliding door locking mechanism. This FOR FURTHER INFORMATION CONTACT: (g) Alternative Methods of Compliance proposed AD would require repetitive Kristi Bradley, Aviation Safety Engineer, (AMOCs) checks (measurements) of the load that Safety Management Section, Rotorcraft The Manager, International Validation operates the sliding door opening Standards Branch, FAA, 10101 Branch, FAA, has the authority to approve mechanism, repetitive inspections of the Hillwood Pkwy., Fort Worth, TX 76177; AMOCs for this AD, if requested using the markings of the attachment screws for telephone 817–222–5485; email procedures found in 14 CFR 39.19. Send [email protected]. information to ATTN: Doug Rudolph, proper alignment, modifying the SUPPLEMENTARY INFORMATION: Aerospace Engineer, FAA, General Aviation attachment system of the sliding door, & Rotorcraft Section, International Validation and corrective actions if necessary, as Comments Invited Branch, 901 Locust, Room 301, Kansas City, specified in a European Union Aviation Missouri 64106; telephone: (816) 329–4059; Safety Agency (EASA) AD, which will The FAA invites you to send any fax: (816) 329–4090; email: doug.rudolph@ be incorporated by reference. The FAA written relevant data, views, or faa.gov. Before using any approved AMOC, is proposing this AD to address the arguments about this proposal. Send notify your appropriate principal inspector unsafe condition on these products. your comments to an address listed (PI), or lacking a PI, your local Flight ADDRESSES DATES: under the section. Include Standards District Office. The FAA must receive comments on this proposed AD by September 21, ‘‘Docket No. FAA–2020–0685; Project (h) Related Information 2020. Identifier MCAI–2020–00396–R’’ at the beginning of your comments. The most Refer to MCAI European Aviation Safety ADDRESSES: You may send comments, helpful comments reference a specific Agency AD No. 2019–0032, dated February using the procedures found in 14 CFR portion of the proposal, explain the 15, 2019, for related information. You may 11.43 and 11.45, by any of the following reason for any recommended change, examine the MCAI on the internet at https:// methods: www.regulations.gov by searching for and • Federal eRulemaking Portal: Go to and include supporting data. The FAA locating Docket No. FAA–2020–0746. For https://www.regulations.gov. Follow the will consider all comments received by service information related to this AD, the closing date and may amend this contact Pilatus Aircraft Ltd., Customer instructions for submitting comments. • Fax: 202–493–2251. NPRM based on those comments. Technical Support (MCC), P.O. Box 992, CH– • Except for Confidential Business 6371 Stans, Switzerland; phone: +41 (0)41 Mail: U.S. Department of 619 67 74; fax: +41 (0)41 619 67 73; email: Transportation, Docket Operations, M– Information (CBI) as described in the [email protected]; internet: 30, West Building Ground Floor, Room following paragraph, and other https://www.pilatus-aircraft.com/en. You W12–140, 1200 New Jersey Avenue SE, information as described in 14 CFR may review this referenced service Washington, DC 20590. 11.35, the FAA will post all comments information at the FAA, Airworthiness • Hand Delivery: Deliver to Mail the FAA receives, without change, to Products Section, Operational Safety Branch, address above between 9 a.m. and 5 https://www.regulations.gov, including 901 Locust, Kansas City, Missouri 64106. For p.m., Monday through Friday, except any personal information you provide. information on the availability of this The FAA will also post a report material at the FAA, call (816) 329–4148. Federal holidays. For material incorporated by reference summarizing each substantive verbal Issued on July 30, 2020. (IBR) in this AD, contact the EASA, contact the FAA receives about this Lance T. Gant, Konrad-Adenauer-Ufer 3, 50668 NPRM. Director, Compliance & Airworthiness Cologne, Germany; telephone +49 221 Confidential Business Information Division, Aircraft Certification Service. 8999 000; email [email protected]; [FR Doc. 2020–17044 Filed 8–5–20; 8:45 am] internet www.easa.europa.eu. You may CBI is commercial or financial BILLING CODE 4910–13–P find this IBR material on the EASA information that is both customarily and website at https://ad.easa.europa.eu. actually treated as private by its owner. You may view this service information Under the Freedom of Information Act DEPARTMENT OF TRANSPORTATION at the FAA, Office of the Regional (FOIA) (5 U.S.C. 552), CBI is exempt Counsel, Southwest Region, 10101 from public disclosure. If your Federal Aviation Administration Hillwood Pkwy., Room 6N–321, Fort comments responsive to this NPRM Worth, TX 76177. For information on contain commercial or financial 14 CFR Part 39 the availability of this material at the information that is customarily treated [Docket No. FAA–2020–0685; Project FAA, call 817–222–5110. It is also as private, that you actually treat as Identifier MCAI–2020–00396–R] available in the AD docket on the private, and that is relevant or internet at https://www.regulations.gov responsive to this NPRM, it is important RIN 2120–AA64 by searching for and locating Docket No. that you clearly designate the submitted Airworthiness Directives; Airbus FAA–2020–0685. comments as CBI. Please mark each Helicopters page of your submission containing CBI Examining the AD Docket as ‘‘PROPIN.’’ The FAA will treat such AGENCY: Federal Aviation You may examine the AD docket on marked submissions as confidential Administration (FAA), DOT. the internet at https:// under the FOIA, and they will not be

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placed in the public docket of this modifying the attachment system of the Explanation of Required Compliance NPRM. Submissions containing CBI sliding door, and corrective actions if Information should be sent to Kristi Bradley, necessary. Corrective actions include Aviation Safety Engineer, Safety adjusting the rear LH upper catch to In the FAA’s ongoing efforts to Management Section, Rotorcraft increase the load required to operate the improve the efficiency of the AD Standards Branch, FAA, 10101 sliding door opening mechanism, process, the FAA initially worked with Hillwood Pkwy., Fort Worth, TX 76177; inspecting the rear LH upper catch to Airbus and EASA to develop a process telephone 817–222–5485; email determine if any anchor nut is not to use certain EASA ADs as the primary [email protected]. Any locked, and replacing the anchor nuts of source of information for compliance commentary that the FAA receives the rear LH upper catch. EASA AD with requirements for corresponding which is not specifically designated as 2020–0069 also specifies that doing the FAA ADs. The FAA has since CBI will be placed in the public docket modification of the attachment system coordinated with other manufacturers for this rulemaking. of the sliding door is a terminating and civil aviation authorities (CAAs) to Discussion action for the repetitive inspections of use this process. As a result, EASA AD the markings of the attachment screws 2020–0069 will be incorporated by The EASA, which is the Technical of the rear LH upper catch for proper reference in the FAA final rule. This Agent for the Member States of the alignment. proposed AD would, therefore, require European Union, has issued EASA AD This material is reasonably available compliance with EASA AD 2020–0069 2020–0069, dated March 24, 2020 because the interested parties have (‘‘EASA AD 2020–0069’’) (also referred in its entirety, through that access to it through their normal course to as the Mandatory Continuing incorporation, except for any differences of business or by the means identified Airworthiness Information, or ‘‘the identified as exceptions in the in the ADDRESSES section. MCAI’’), to correct an unsafe condition regulatory text of this proposed AD. for all Airbus Helicopters Model FAA’s Determination and Requirements Using common terms that are the same EC130B4 helicopters. of This Proposed AD as the heading of a particular section in This proposed AD was prompted by the EASA AD does not mean that reports of inflight detachment of the LH This product has been approved by operators need comply only with that side cabin sliding doors and cases of the aviation authority of another section. For example, where the AD impact damage on the main rotor country, and is approved for operation requirement refers to ‘‘all required blades, which were caused by in the United States. Pursuant to the actions and compliance times,’’ degradation of the sliding door locking FAA’s bilateral agreement with the State compliance with this AD requirement is mechanism. The FAA is proposing this of Design Authority, the FAA has been not limited to the section titled AD to address degradation of the notified of the unsafe condition ‘‘Required Action(s) and Compliance locking mechanism, which could lead to described in the MCAI referenced Time(s)’’ in the EASA AD. Service above. The FAA is proposing this AD further events of inflight detachment of information specified in EASA AD because the FAA evaluated all the a LH side cabin sliding door, and 2020–0069 that is required for relevant information and determined possibly result in damage to the compliance with EASA AD 2020–0069 the unsafe condition described helicopter and injury to persons on the will be available on the internet at previously is likely to exist or develop ground. See the MCAI for additional https://www.regulations.gov by background information. in other products of the same type design. searching for and locating Docket No. Related IBR Material Under 1 CFR Part FAA–2020–0685 after the FAA final 51 Proposed AD Requirements rule is published. EASA AD 2020–0069 describes This proposed AD would require Costs of Compliance procedures for repetitive checks accomplishing the actions specified in (measurements) of the load that operates EASA AD 2020–0069 described The FAA estimates that this proposed the sliding door opening mechanism, previously, as incorporated by AD affects 159 helicopters of U.S. repetitive inspections of the markings of reference, except for any differences registry. The FAA estimates the the attachment screws of the rear LH identified as exceptions in the following costs to comply with this upper catch for proper alignment, regulatory text of this proposed AD. proposed AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Up to 3 work-hours × $85 per hour = Up to $255 ...... $0 Up to $255 ...... Up to $40,545

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

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

1 work-hours × $85 per hour = $85 ...... $0 $85

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Authority for This Rulemaking § 39.13 [Amended] 10101 Hillwood Pkwy., Fort Worth, TX ■ 2. The FAA amends § 39.13 by adding 76177; telephone 817–222–5485; email 9- Title 49 of the United States Code the following new airworthiness [email protected]. specifies the FAA’s authority to issue directive (AD): (2) For operations conducted under a 14 rules on aviation safety. Subtitle I, CFR part 119 operating certificate or under section 106, describes the authority of Airbus Helicopters: Docket No. FAA–2020– 14 CFR part 91, subpart K, notify your 0685; Project Identifier MCAI–2020– principal inspector or lacking a principal the FAA Administrator. Subtitle VII: 00396–R. inspector, the manager of the local flight Aviation Programs, describes in more standards district office or certificate holding (a) Comments Due Date detail the scope of the Agency’s district office, before operating any aircraft authority. The FAA must receive comments by complying with this AD through an AMOC. September 21, 2020. The FAA is issuing this rulemaking (j) Related Information (b) Affected ADs under the authority described in (1) For information about EASA AD 2020– Subtitle VII, Part A, Subpart III, Section None. 0069, contact the EASA, Konrad-Adenauer- 44701: General requirements. Under (c) Applicability Ufer 3, 50668 Cologne, Germany; telephone that section, Congress charges the FAA +49 221 8999 000; email ADs@ with promoting safe flight of civil This AD applies to all Airbus Helicopters easa.europa.eu; internet aircraft in air commerce by prescribing Model EC130B4 helicopters, certificated in www.easa.europa.eu. You may find this any category. regulations for practices, methods, and EASA AD on the EASA website at https:// procedures the Administrator finds (d) Subject ad.easa.europa.eu. You may view this necessary for safety in air commerce. material at the FAA, Office of the Regional Air Transport Association (ATA) of Counsel, Southwest Region, 10101 Hillwood This regulation is within the scope of America Code 52, Doors. Pkwy., Room 6N–321, Fort Worth, TX 76177. that authority because it addresses an (e) Reason For information on the availability of this unsafe condition that is likely to exist or material at the FAA, call 817–222–5110. This This AD was prompted by reports of develop on products identified in this material may be found in the AD docket on inflight detachment of the left-hand (LH) side the internet at https://www.regulations.gov rulemaking action. cabin sliding doors and cases of impact by searching for and locating Docket No. damage on the main rotor blades, which were Regulatory Findings FAA–2020–0685. caused by degradation of the sliding door (2) For more information about this AD, locking mechanism. The FAA is issuing this The FAA determined that this contact Kristi Bradley, Aviation Safety AD to address degradation of the locking proposed AD would not have federalism Engineer, Safety Management Section, mechanism, which could lead to further implications under Executive Order Rotorcraft Standards Branch, FAA, 10101 events of inflight detachment of a LH side 13132. This proposed AD would not Hillwood Pkwy., Fort Worth, TX 76177; cabin sliding door, and possibly result in telephone 817–222–5485; email have a substantial direct effect on the damage to the helicopter and injury to [email protected]. States, on the relationship between the persons on the ground. national Government and the States, or Issued on July 31, 2020. (f) Compliance on the distribution of power and Lance T. Gant, Comply with this AD within the responsibilities among the various Director, Compliance & Airworthiness compliance times specified, unless already levels of government. Division, Aircraft Certification Service. done. For the reasons discussed above, I [FR Doc. 2020–17128 Filed 8–5–20; 8:45 am] (g) Requirements certify this proposed regulation: BILLING CODE 4910–13–P (1) Is not a ‘‘significant regulatory Except as specified in paragraph (h) of this AD: Comply with all required actions and action’’ under Executive Order 12866, compliance times specified in, and in DEPARTMENT OF TRANSPORTATION (2) Will not affect intrastate aviation accordance with, European Union Aviation in Alaska, and Safety Agency (EASA) AD 2020–0069, dated Federal Aviation Administration March 24, 2020 (‘‘EASA AD 2020–0069’’). (3) Will not have a significant economic impact, positive or negative, (h) Exceptions to EASA AD 2020–0069 14 CFR Part 39 on a substantial number of small entities (1) Where EASA AD 2020–0069 refers to its [Docket No. FAA–2020–0745; Product under the criteria of the Regulatory effective date, this AD requires using the Identifier 2019–CE–030–AD] Flexibility Act. effective date of this AD. (2) Where EASA AD 2020–0069 refers to RIN 2120–AA64 List of Subjects in 14 CFR Part 39 January 24, 2019 (the effective date of EASA AD 2020–0069), this AD requires using the Airworthiness Directives; Pilatus Air transportation, Aircraft, Aviation effective date of this AD. Aircraft Ltd. Airplanes safety, Incorporation by reference, (3) The ‘‘Remarks’’ section of EASA AD Safety. 2020–0069 does not apply to this AD. AGENCY: Federal Aviation (4) The ‘‘Parts Installation’’ allowance Administration (FAA), Department of The Proposed Amendment provided in paragraph (8) of EASA AD 2020– Transportation (DOT). 0069 does not apply to this AD. ACTION: Accordingly, under the authority Notice of proposed rulemaking (5) Although the service information (NPRM). delegated to me by the Administrator, referenced in EASA AD 2020–0069 specifies the FAA proposes to amend 14 CFR part to discard certain parts, this AD does not SUMMARY: The FAA proposes to adopt a 39 as follows: include that requirement. new airworthiness directive (AD) for Pilatus Aircraft Ltd. Models PC–12, PC– PART 39—AIRWORTHINESS (i) Alternative Methods of Compliance 12/45, PC–12/47, and PC–12/47E DIRECTIVES (AMOCs) (1) The Manager, Rotorcraft Standards airplanes. This proposed AD results from mandatory continuing ■ 1. The authority citation for part 39 Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Kristi Bradley, airworthiness information (MCAI) continues to read as follows: Aviation Safety Engineer, Safety Management originated by an aviation authority of Authority: 49 U.S.C. 106(g), 40113, 44701. Section, Rotorcraft Standards Branch, FAA, another country to identify and correct

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an unsafe condition on an aviation Section, International Validation Agent for the Member States of the product. The MCAI describes the unsafe Branch, 901 Locust, Room 301, Kansas European Community, has issued EASA condition as improperly manufactured City, Missouri 64106; telephone: (816) AD No. 2019–0129, dated June 6, 2019 horizontal stabilizer rear attachment 329–4059; fax: (816) 329–4090; email: (referred to after this as ‘‘the MCAI’’), to bolts. If not corrected, this could lead to [email protected]. correct an unsafe condition for Pilatus fatigue failure of the bolts and loss of SUPPLEMENTARY INFORMATION: Aircraft Ltd. Models PC–12, PC–12/45, airplane control. The FAA is proposing PC–12/47, and PC–12/47E airplanes. this AD address the unsafe condition on Comments Invited The MCAI states: these products. The FAA invites you to send any On the final assembly line, horizontal DATES: The FAA must receive comments written relevant data, views, or stabilizer rear attachment bolts were detected on this proposed AD by September 21, arguments about this proposed AD. that had not received correct heat treatment. 2020. Send your comments to an address Subsequent investigation determined that listed under the ADDRESSES section. certain parts, identified by FAUF, were ADDRESSES: You may send comments by Include ‘‘Docket No. FAA–2020–0745; improperly manufactured and consequently any of the following methods: Product Identifier 2019–CE–030–AD’’ at have reduced material properties. • Federal eRulemaking Portal: Go to the beginning of your comments. The This condition, if not corrected, could lead https://www.regulations.gov. Follow the FAA will consider all comments to a fatigue failure of an affected part, instructions for submitting comments. possibly resulting in loss of control of the received by the closing date and may • Fax: (202) 493–2251. aeroplane. • Mail: U.S. Department of amend this proposed AD because of To address this potential unsafe condition, those comments. Transportation, Docket Operations, M– Pilatus issued the [service bulletin] SB to Except for Confidential Business 30, West Building Ground Floor, Room provide inspection and replacement Information (CBI) as described in the instructions. W12–140, 1200 New Jersey Avenue SE, following paragraph, and other For the reason described above, this Washington, DC 20590. information as described in 14 CFR [EASA] AD requires replacement of affected • Hand Delivery: U.S. Department of 11.35, the FAA will post all comments parts, and prohibits (re)installation thereof. Transportation, Docket Operations, M– we receive, without change, to https:// You may obtain further information 30, West Building Ground Floor, Room regulations.gov, including any personal by examining the MCAI in the AD W12–140, 1200 New Jersey Avenue SE, information you provide. The FAA will docket on the internet at https:// Washington, DC 20590, between 9 a.m. also post a report summarizing each www.regulations.gov by searching for and 5 p.m., Monday through Friday, substantive verbal contact it receives and locating Docket No. FAA–2020– except Federal holidays. about this proposed AD. For service information identified in 0745. this proposed AD, contact Pilatus Confidential Business Information Related Service Information Under 1 Aircraft Ltd., Customer Technical CBI is commercial or financial CFR Part 51 Support (MCC), P.O. Box 992, CH–6371 information that is both customarily and The FAA reviewed Pilatus Aircraft Stans, Switzerland; telephone: +41 (0)41 actually treated as private by its owner. Ltd. PC–12 Service Bulletin No. 55–004, 619 67 74; fax: +41 (0)41 619 67 73; Under the Freedom of Information Act dated March 29, 2019. The service email: Techsupport@pilatus- (FOIA) (5 U.S.C. 552), CBI is exempt information contains procedures for aircraft.com; internet: https:// from public disclosure. If your checking the rear attachment bolts for www.pilatus-aircraft.com. You may comments responsive to this NPRM the horizontal stabilizer and replacing review this referenced service contain commercial or financial any defective bolts. This service information at the FAA, Airworthiness information that is customarily treated information is reasonably available Products Section, Operational Safety as private, that you actually treat as because the interested parties have Branch, 901 Locust, Kansas City, private, and that is relevant or access to it through their normal course Missouri 64106. For information on the responsive to this NPRM, it is important of business or by the means identified availability of this material at the FAA, that you clearly designate the submitted in the ADDRESSES section. call (816) 329–4148. It is also available comments as CBI. Please mark each on the internet at https:// page of your submission containing CBI FAA’s Determination and Requirements www.regulations.gov by searching for as ‘‘PROPIN.’’ The FAA will treat such of the Proposed AD and locating Docket No. FAA–2020– marked submissions as confidential This product has been approved by 0745. under the FOIA, and they will not be the aviation authority of another Examining the AD Docket placed in the public docket of this country, and is approved for operation NPRM. Submissions containing CBI in the United States. Pursuant to our You may examine the AD docket on should be sent to Doug Rudolph, bilateral agreement with this State of the internet at https:// Aerospace Engineer, FAA, General Design Authority, it has notified the www.regulations.gov by searching for Aviation & Rotorcraft Section, FAA of the unsafe condition described and locating Docket No. FAA–2020– International Validation Branch, 901 in the MCAI and service information 0745; or in person at Docket Operations Locust, Room 301, Kansas City, referenced above. The FAA is proposing between 9 a.m. and 5 p.m., Monday Missouri 64106; telephone: (816) 329– this AD because it evaluated all through Friday, except Federal holidays. 4059; fax: (816) 329–4090; email: information and determined the unsafe The AD docket contains this proposed [email protected]. Any condition exists and is likely to exist or AD, any comments received, and other commentary that the FAA receives develop on other products of the same information. The street address for which is not specifically designated as type design. Docket Operations is in the ADDRESSES CBI will be placed in the public docket Costs of Compliance section. Comments will be available in for this rulemaking. the AD docket shortly after receipt. The FAA estimates that this proposed FOR FURTHER INFORMATION CONTACT: Discussion AD would affect 14 products of U.S. Doug Rudolph, Aerospace Engineer, The European Union Aviation Safety registry. The average labor rate is $85 FAA, General Aviation & Rotorcraft Agency (EASA), which is the Technical per work-hour.

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The FAA estimates that the proposed Authority: 49 U.S.C. 106(g), 40113, 44701. (PI), or lacking a PI, your local Flight actions would take 1.5 work-hours and Standards District Office. § 39.13 [Amended] require parts costing $5,000, for a cost (h) Related Information of $5,127.50 per product and $71,785 ■ 2. The FAA amends § 39.13 by adding Refer to mandatory continuing for the U.S. operator fleet. the following new airworthiness airworthiness information (MCAI) European directive: Authority for This Rulemaking Union Aviation Safety Agency AD No. 2019– Pilatus Aircraft Ltd.: Docket No. FAA–2020– 0129, dated June 6, 2019, for related Title 49 of the United States Code 0745; Product Identifier 2019–CE–030– information. You may examine the MCAI on specifies the FAA’s authority to issue AD. the internet at https://www.regulations.gov rules on aviation safety. Subtitle I, (a) Comments Due Date by searching for and locating Docket No section 106, describes the authority of FAA–2020–0745. For service information The FAA must receive comments by related to this AD, contact Pilatus Aircraft the FAA Administrator. Subtitle VII: September 21, 2020. Aviation Programs describes in more Ltd., Customer Technical Support (MCC), detail the scope of the Agency’s (b) Affected ADs P.O. Box 992, CH–6371 Stans, Switzerland; authority. None. telephone: +41 (0)41 619 67 74; fax: +41 (0)41 The FAA is issuing this rulemaking 619 67 73; email: Techsupport@pilatus- (c) Applicability aircraft.com; internet: https://www.pilatus- under the authority described in This airworthiness directive (AD) applies aircraft.com. You may review this referenced Subtitle VII, Part A, Subpart III, Section service information at the FAA, 44701: General requirements. Under to Pilatus Aircraft Ltd. Models PC–12, PC– 12/45, PC–12/47, and PC–12/47E airplanes, Airworthiness Products Section, Operational that section, Congress charges the FAA all serial numbers, certificated in any Safety Branch, 901 Locust, Kansas City, with promoting safe flight of civil category, with a horizontal stabilizer rear Missouri 64106. For information on the aircraft in air commerce by prescribing attachment bolt part number (P/N) availability of this material at the FAA, call regulations for practices, methods, and 555.10.12.139 marked with production order (816) 329–4148. procedures the Administrator finds number FAUF 10169753, FAUF 10171067, or Issued on July 30, 2020. necessary for safety in air commerce. FAUF 10171267 installed. Lance T. Gant, This regulation is within the scope of (d) Subject Director, Compliance & Airworthiness that authority because it addresses an Air Transport Association of America Division, Aircraft Certification Service. unsafe condition that is likely to exist or (ATA) Code 55: Stabilizers. [FR Doc. 2020–17038 Filed 8–5–20; 8:45 am] develop on products identified in this BILLING CODE 4910–13–P rulemaking action. (e) Reason This AD was prompted by a report of Regulatory Findings horizontal stabilizer rear attachment bolts DEPARTMENT OF TRANSPORTATION The FAA determined that this that had not received correct heat treatment proposed AD would not have federalism during the manufacturing process. The FAA Federal Aviation Administration implications under Executive Order is issuing this AD to prevent fatigue failure of a bolt and subsequent loss of airplane 13132. This proposed AD would not 14 CFR Part 71 have a substantial direct effect on the control. States, on the relationship between the (f) Actions and Compliance [Docket No. FAA–2020–0552; Airspace Docket No. 18–ANM–11] national Government and the States, or (1) Within 1,350 hours time-in-service after on the distribution of power and the effective date of this AD or within 13 RIN 2120–AA66 responsibilities among the various months after the effective date of this AD, levels of government. whichever occurs first, replace each Proposed Amendment of Class E For the reasons discussed above, I horizontal stabilizer rear attachment bolt Airspace; Coeur D’Alene, ID certify this proposed regulation: P/N 555.10.12.139 marked with production (1) Is not a ‘‘significant regulatory order number FAUF 10169753, FAUF AGENCY: Federal Aviation action’’ under Executive Order 12866, 10171067, or FAUF 10171267 by following Administration (FAA), DOT. the Accomplishment Instructions, section (2) Will not affect intrastate aviation ACTION: Notice of proposed rulemaking 3.B.(2) through (4) and figures 1 and 2, of in Alaska, and Pilatus PC–12 Service Bulletin No. 55–004, (NPRM). (3) Will not have a significant dated March 29, 2019, except you are not SUMMARY: economic impact, positive or negative, required to return parts to the manufacturer. This action proposes to on a substantial number of small entities (2) As of the effective date of this AD, do modify Class E surface area airspace and under the criteria of the Regulatory not install a horizontal stabilizer rear establish Class E airspace extending Flexibility Act. attachment bolt P/N 555.10.12.139 marked upward from 700 feet above the surface with production order number FAUF at Coeur D’Alene—Pappy Boyington List of Subjects in 14 CFR Part 39 10169753, FAUF 10171067, or FAUF Field, Coeur D’Alene, ID, to support the Air transportation, Aircraft, Aviation 10171267 on any airplane. Instrument Flight Rules (IFR) operations safety, Incorporation by reference, (g) Alternative Methods of Compliance under standard instrument approach Safety. (AMOCs) and departure procedures at the airport, The Proposed Amendment The Manager, International Validation for the safety and management of Branch, FAA, has the authority to approve aircraft within the National Airspace Accordingly, under the authority AMOCs for this AD, if requested using the System. Additionally, an editorial delegated to me by the Administrator, procedures found in 14 CFR 39.19. Send change would be made to the legal the FAA proposes to amend 14 CFR part information to ATTN: Doug Rudolph, description replacing ‘‘Airport/Facility 39 as follows: Aerospace Engineer, FAA, General Aviation Directory’’ with the term ‘‘Chart & Rotorcraft Section, International Validation PART 39—AIRWORTHINESS Supplement’’ and updating the name of Branch, 901 Locust, Room 301, Kansas City, the airport to match the FAA DIRECTIVES Missouri 64106; telephone: (816) 329–4059; fax: (816) 329–4090; email: doug.rudolph@ aeronautical database. ■ 1. The authority citation for part 39 faa.gov. Before using any approved AMOC, DATES: Comments must be received on continues to read as follows: notify your appropriate principal inspector or before September 21, 2020.

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ADDRESSES: Send comments on this Comments that provide the factual basis air traffic service routes, and reporting proposal to the U.S. Department of supporting the views and suggestions points. Transportation, Docket Operations, 1200 presented are particularly helpful in The Proposal New Jersey Avenue SE, West Building developing reasoned regulatory Ground Floor, Room W12–140, decisions on the proposal. Comments The FAA is proposing an amendment Washington, DC 20590; telephone: 1– are specifically invited on the overall to Title 14 Code of Federal Regulations 800–647–5527, or (202) 366–9826. You regulatory, aeronautical, economic, (14 CFR) part 71 by modifying the Class must identify FAA Docket No. FAA– environmental, and energy-related E surface area airspace and establishing 2020–0552; Airspace Docket No. 18– aspects of the proposal. Class E airspace extending upward from ANM–11, at the beginning of your Communications should identify both 700 feet above the surface at Coeur comments. You may also submit docket numbers and be submitted in D’Alene—Pappy Boyington Field, Coeur comments through the internet at triplicate to the address listed above. D’Alene, ID. https://www.regulations.gov. Persons wishing the FAA to The Class E surface airspace 3.5 miles FAA Order 7400.11D, Airspace acknowledge receipt of their comments each side of the VOR/DME 251° radial Designations and Reporting Points, and on this notice must submit with those west of the airport would be removed. subsequent amendments can be viewed comments a self-addressed, stamped The lateral boundary for the area south online at https://www.faa.gov/air_ postcard on which the following of the airport would be reduced from 1.8 traffic/publications/. For further statement is made: ‘‘Comments to miles each side of the 183° bearing to information, you can contact the Docket No. FAA–2020–0552; Airspace 1.3 miles and extend 6 miles from the Airspace Policy Group, Federal Aviation Docket No. 18–ANM–11’’. The postcard airport instead of 8 miles. The Administration, 800 Independence will be date/time stamped and returned additional airspace, in these two areas, Avenue SW, Washington, DC 20591; to the commenter. is no longer required to support telephone: (202) 267–8783. The Order is All communications received before instrument operations. An area 1.8 also available for inspection at the the specified closing date for comments miles each side of the 023° bearing National Archives and Records will be considered before taking action would be added and extend 5 miles Administration (NARA). For on the proposed rule. The proposal from the airport. This would enable information on the availability of FAA contained in this notice may be changed instrument departures to reach 700 feet Order 7400.11D at NARA, email in light of the comments received. A AGL before exiting the surface area. [email protected], or go to https:// report summarizing each substantive Class E airspace extending upward www.archives.gov/federal-register/cfr/ public contact with FAA personnel from 700 feet above the surface would ibr-locations.html. concerned with this rulemaking will be be established to within 4.4 miles of the FOR FURTHER INFORMATION CONTACT: filed in the docket. airport with three areas extending beyond the 4.4-mile radius. One area, Richard Roberts, Federal Aviation Availability of NPRMs Administration, Western Service Center, 4.4 miles each side of the 250° bearing, Operations Support Group, 2200 S An electronic copy of this document would extend from the airport 14.4 216th Street, Des Moines, WA 98198; may be downloaded through the miles west. This section would telephone (206) 231–2245. internet at https://www.regulations.gov. accommodate the ILS and RNAV SUPPLEMENTARY INFORMATION: Recently published rulemaking approaches. Another area would be documents can also be accessed through established 1.3 miles each side of the Authority for This Rulemaking the FAA’s web page at amendments/. 183° bearing and extend from the airport The FAA’s authority to issue rules You may review the public docket 10 miles south, to support the VOR regarding aviation safety is found in containing the proposal, any comments approach. The third area would extend ° Title 49 of the United States Code. received, and any final disposition in 1.8 miles each side of the 023 bearing Subtitle I, Section 106 describes the person in the Dockets Office (see the 8 miles northeast from the airport. This authority of the FAA Administrator. ADDRESSES section for the address and section would protect aircraft using the Subtitle VII, Aviation Programs, phone number) between 9:00 a.m. and Obstacle Departure Procedure. This describes in more detail the scope of the 5:00 p.m., Monday through Friday, airspace is necessary to support IFR agency’s authority. This rulemaking is except federal holidays. An informal approach and departure procedures at promulgated under the authority docket may also be examined during the airport. described in Subtitle VII, Part A, normal business hours at the Northwest Additionally, an editorial change Subpart I, Section 40103. Under that Mountain Regional Office of the Federal would be made to the legal description section, the FAA is charged with Aviation Administration, Air Traffic replacing ‘‘Airport/Facility Directory’’ prescribing regulations to assign the use Organization, Western Service Center, with the term ‘‘Chart Supplement’’ and of airspace necessary to ensure the Operations Support Group, 2200 S updating the name of the airport to safety of aircraft and the efficient use of 216th Street, Des Moines, WA 98198. match the FAA’s aeronautical database. Class E airspace designations are airspace. This regulation is within the Availability and Summary of scope of that authority as it would published in paragraph 6002 and 6005 Documents for Incorporation by of FAA Order 7400.11D, dated August 8, amend Class E surface area airspace and Reference establish Class E airspace extending 2019, and effective September 15, 2019, upward from 700 feet AGL at Coeur This document proposes to amend which is incorporated by reference in 14 D’Alene—Pappy Boyington Field, Coeur FAA Order 7400.11D, Airspace CFR 71.1. The Class E airspace D’Alene, ID, to support IFR operations. Designations and Reporting Points, designations listed in this document dated August 8, 2019, and effective will be published subsequently in the Comments Invited September 15, 2019. FAA Order Order. Interested parties are invited to 7400.11D is publicly available as listed FAA Order 7400.11, Airspace participate in this proposed rulemaking in the ADDRESSES section of this Designations and Reporting Points, is by submitting such written data, views, document. FAA Order 7400.11D lists published yearly and effective on or arguments, as they may desire. Class A, B, C, D, and E airspace areas, September 15.

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Regulatory Notices and Analyses That airspace within a 4.4-mile radius of and address of the commenter and send the Coeur D’Alene—Pappy Boyington Field, to [email protected], with a The FAA has determined that this and within 1.3 miles each side of the 183° regulation only involves an established subject line of ‘‘Electronic Indicators’’. bearing extending from the 4.4-mile radius to Faxed comments will not be accepted. body of technical regulations for which 6 miles south of the airport, and that airspace frequent and routine amendments are 1.8 miles each side of the 023° bearing All submitted comments and necessary to keep them operationally extending from the 4.4-mile radius to 5 miles attachments are part of the public record current, is non-controversial and northeast of the airport. This Class E airspace and subject to disclosure. Do not unlikely to result in adverse or negative is effective during the specific dates and enclose any material in your comments comments. It, therefore: (1) Is not a times established in advance by a notice to that you consider to be confidential or airmen. The effective date and time will inappropriate for public disclosure. ‘‘significant regulatory action’’ under thereafter be continuously published in the Executive Order 12866; (2) is not a You may inspect and photocopy all Chart Supplement. written comments, by appointment ‘‘significant rule’’ under DOT ® Regulatory Policies and Procedures (44 Paragraph 6005 Class E Airspace Areas only, at USPS Headquarters Library, FR 11034; February 26, 1979); and (3) Extending Upward From 700 Feet or More 475 L’Enfant Plaza SW, 11th Floor Above the Surface of the Earth. does not warrant preparation of a North, Washington, DC 20260. These regulatory evaluation as the anticipated * * * * * records are available for review Monday through Friday, 9 a.m. to 4 p.m., by impact is so minimal. Since this is a ANM WA E5 Coeur D’Alene, ID [New] calling 202–268–2906. routine matter that will only affect air Coeur d’Alene—Pappy Boyington Field traffic procedures and air navigation, it (Lat. 47°46′28″ N, long 116°49′11″ W) FOR FURTHER INFORMATION CONTACT: Mary Collins at (202) 251–2291, Kevin is certified that this rule, when That airspace within a 4.4-mile radius of promulgated, would not have a the Coeur d’Alene—Pappy Boyington Field, Gunther at (202) 268–7208 or Dale significant economic impact on a and within 1.3 miles each side of the 183° Kennedy (202) 268–6592. substantial number of small entities bearing from the airport extending from the SUPPLEMENTARY INFORMATION: The Postal under the criteria of the Regulatory 4.4-mile radius to 10 miles south of the Service is proposing to amend PUB 52 Flexibility Act. airport, and that airspace 4.4 miles each side with the provisions below and, once ° of the 250 bearing from the Coeur d’Alene— adopted, will incorporate the revised Environmental Review Pappy Boyington Field extending from the PUB 52 by reference into part 113, as This proposal will be subject to an 4.4-mile radius to 14.4 miles west of the airport and that airspace 1.8 miles each side well as make necessary edits to the environmental analysis in accordance of the 023° bearing from the Coeur d’Alene— Domestic Mail Manual. You may view with FAA Order 1050.1F, Pappy Boyington Field extending from the the text of the proposed edits to PUB 52 ‘‘Environmental Impacts: Policies and 4.4-mile radius to 8 miles northeast from the at: https://pe.usps.com/. Procedures’’ prior to any FAA final airport. 1. Require Electronic Verification regulatory action. Issued in Seattle, Washington, on July 29, System (eVS) and ePostage mailers to List of Subjects in 14 CFR Part 71 2020. transmit a Shipping Services File (SSF) Byron Chew, to the Postal Service before, or Airspace, Incorporation by reference, concurrent with the tendering of Navigation (air). Group Manager, Acting Operations Support Group, Western Service Center. hazardous materials shipments. 2. Specify three unique Service Type The Proposed Amendment [FR Doc. 2020–17060 Filed 8–5–20; 8:45 am] Codes (STC), each to correspond to Accordingly, pursuant to the BILLING CODE 4910–13–P hazardous materials outbound authority delegated to me, the Federal shipments via Priority Mail®, First-Class Aviation Administration proposes to Package Service®, Parcel Select®, Parcel amend 14 CFR part 71 as follows: POSTAL SERVICE Select Lightweight®, and USPS Retail ® PART 71—DESIGNATION OF CLASS A, 39 CFR Part 113 Ground . B, C, D, AND E AIRSPACE AREAS; AIR 3. Specify that insurance will be the TRAFFIC SERVICE ROUTES; AND Electronic Indicators for the Mailing of only Extra Service available with REPORTING POINTS Hazardous and Perishable Materials shipments of hazardous materials. The Postal Service intends to provide a TM ■ 1. The authority citation for 14 CFR AGENCY: Postal Service . unique STC for each product without an part 71 continues to read as follows: ACTION: Proposed revision for special Extra Service (which would include standards; request for comment. Authority: 49 U.S.C. 106(f), 106(g), 40103, basic USPS tracking provided as a built- in feature of these products), purchases 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, SUMMARY: The Postal Service proposes of insurance less than or equal to $500, 1959–1963 Comp., p. 389. to amend the Publication 52, and purchases of insurance over $500. Hazardous, Restricted, and Perishable § 71.1 [Amended] 4. Specify four unique STCs for Mail (PUB 52) to provide unique ■ 2. The incorporation by reference in Priority Mail Express® shipments to electronic indicators and to standardize 14 CFR 71.1 of FAA Order 7400.11D, identify those shipments where the the Extra Services options for shipments Airspace Designations and Reporting mailer is requesting a waived signature, of hazardous materials and perishable Points, dated August 8, 2019, and requiring a signature, purchasing items. effective September 15, 2019, is insurance less than or equal to $500, or amended as follows: DATES: Submit comments on or before purchasing insurance over $500. September 8, 2020. Paragraph 6002 Class E Airspace 5. Specify three unique STCs to Designated as Surface Areas. ADDRESSES: Mail or deliver written correspond with hazardous materials comments to the Manager, Product return services via Parcel Return Service * * * * * Classification, U.S. Postal Service, 475 (PRS) Full Network, traditional PRS, ANM ID E2 Coeur D’Alene, ID [Modified] L’Enfant Plaza SW, Room 4446, Priority Mail Return Service®, First- ® Coeur D’Alene—Pappy Boyington Field Washington, DC 20260–5015. If sending Class Package Return Service , and (Lat. 47°46′28″ N, long 116°49′11″ W) comments by email, include the name Ground Return Service®, where each

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STC will correspond to the product and develop and maintain a Safety Restriction of Extra Services any of the Extra Service options Management System (SMS). In applying described above for outbound the safety risk management concept of The Postal Service proposes to restrict shipments. The Postal Service also their SMS, air carriers conduct a the Extra Service options available for proposes to specify unique STCs to systemic analysis to identify hazards shipments of regulated hazardous explicitly identify Division 6.2, and then develop and maintain materials to include only insurance over Infectious Substances returned through processes to analyze the safety risks and under $500 for most mail classes or Postal Service Networks using each of associated with the hazards identified. products, and insurance over and under these return services. This process requires air carriers to $500 in addition to waiver of signature 6. Provide unique Extra Service Codes acquire data with respect to its for Priority Mail Express. The Postal (ESC) intended to identify categories of operations, products, and services to Service is proposing this restriction in hazardous materials with specific monitor the safety performance of their order to reduce the complexity for relevance to segregation, handling and operations and conduct and update mailers complying with the new identification in Postal Service their risk assessments. The Postal requirements, and to limit the number networks. Service tenders mail, including of STCs needed to identify hazardous 7. Specify unique STCs and ESCs to packages containing both non- materials in the Postal Service systems. identify and categorize shipments of hazardous and hazardous materials to The Postal Service has a fairly large live bees, and day-old poultry to include its contracted air carriers in sacks. Due number of ESCs available for use for the Extra Services or additional fees for to the ‘‘sacking’’ of hazardous materials purposes of these new requirements, but these content types. from the Postal Service, air carriers are is very limited in the availability of 8. Provide for the optional use of often unaware of the specific hazardous STCs. This limitation in the number of hazardous and perishable materials materials they are accepting and available STCs is a primary concern in electronic indicators before the end of transporting. Subsequently, without this the proposed restriction for Extra the 2020 calendar year and to require information, air carriers are unable to Services available for use with their use at a later date. accurately define and address the risks hazardous materials shipments. The Overview associated with the mail. Postal Service expects the demand for the variety of Extra Services covered Due to the rapid expansion of Proposal under this proposed restriction to be eCommerce, the United States Postal low enough for shippers of hazardous Service® has encountered a significant To enhance its ability to make knowledgeable decisions regarding the materials to generally be of minor increase in the number of hazardous concern. material shipments going through the handling and disposition of hazardous mail. Materials such as lithium materials shipments in its networks and eVS and ePostage Users batteries, flammable gases, non- better leverage the use of its mechanized flammable compressed gases, and and automated systems to properly The generation of the flight-specific corrosive cleaning solutions that were segregate and tender these items, the air carrier manifests and the other typically purchased through brick and Postal Service proposes to require operational enhancements proposed in mortar establishments are now routinely mailers to identify and categorize their this Federal Register Notice will be being purchased online and shipped to hazardous materials shipments through possible only when the information is their destination. Additionally, with the the use of specified electronic included in a mailer’s SSF, and is made outbreak of the Coronavirus (COVID–19) indicators. available to all Postal Service systems in pandemic, there is a new emphasis on The Postal Service expects to use a timely fashion. It is for this reason that the transportation of infectious these indicators to provide details on the Postal Service is proposing to substances. This increase in hazardous the categories, volume and weight of the require all impacted mailers to transmit material volume has brought with it a hazardous materials contained in an approved SSF before, or concurrent proportional increase in instances of packages tendered to its contracted with, the physical tendering of regulated improper labelling and packaging, use transportation providers, and handle hazardous materials shipments to the of ineligible shipping services, and an these packages in a safe and Postal Service regardless of the postage increase in safety related incidents in operationally efficient manner. payment method used. In addition to Postal Service facilities. These incidents The Postal Service has enhanced its the other postage payment methods, this have placed our employees, customers, operational capability to provide piece- requirement would extend to mailers and business partners in higher risks level tracking and visibility through the using electronic verification system and resulted in millions of dollars in use of Intelligent Mail Package Barcodes (eVS). ® losses. (IMpb ). These barcodes are able to be Postal Meter and Legacy Barcode Users The Postal Service heavily relies on scanned by automated processing commercial cargo and passenger aircraft equipment and Intelligent Mail To ensure electronic information for to transport mail in circumstances scanning devices. Today, mailers are all hazardous materials shipments are where the use of ground transportation required to encode certain information available and concurrent with their is insufficient to meet its service into the barcode structure of the IMpb induction into its networks, the Postal standards or are otherwise operationally through the use of STCs and to encode Service proposes to restrict shipments of or financially impracticable. With additional information into a USPS- hazardous materials from mailers using regard to the transportation of Approved SSF through the use of ESCs. postage meters not capable of hazardous materials, these commercial As part of its package strategy, mailers electronically transmitting transactional air carriers are subject to regulation by tendering packages to the Postal Service data to the Postal Service, and any other the Federal Aviation Administration are currently required to accurately mailers who may still be using legacy (FAA), and the International Civil encode their IMpb barcodes for each package barcodes. These mailers are Aviation Organization (ICAO). package and to supply a complete SSF urged to transition to newer systems or In accordance with FAA regulations, concurrent with entering their packages to bring their hazardous materials to a commercial air carriers are required to into Postal Service Networks. Postal Service retail unit for induction.

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Service Type Codes and Extra Service categories of hazardous materials • Division 6.2, Infectious Substances Codes for Hazardous Materials shipments intended for ground (permitted only by authorization from ® The Postal Service proposes to specify transportation, but will not specifically Product Classification, USPS three unique STCs, each to correspond list them in this notice. Headquarters) • Class 7, Radioactive Materials to hazardous materials outbound The Postal Service expects to have • Class 9, Magnetic Materials shipments via Priority Mail, First-Class these STCs and ESCs available for • optional use by mailers before the end Class 9,Lithium Batteries installed in Package Service, Parcel Select, Parcel equipment (unmarked) Select Lightweight, and USPS Retail of the 2020 calendar year. The Postal The Postal Service expects to provide Ground, and to provide a unique STC Service will work with the mailing access to the STCs applicable to these for each product without an Extra industry to determine when the majority hazardous materials categories for use Service, requests for insurance less than of mailers will be able to prepare their with international mail. or equal to $500, and requests for systems for the new requirements, and insurance over $500. The Postal Service will announce a mandatory use date Systems Enhancements later this year. also proposes to specify three unique To provide greater visibility into the STCs to correspond to hazardous STCs and ESCs for Perishable Materials quantities, weights, and categories of materials return services shipments via Specifically Live Animals hazardous materials being tendered to the Parcel Return Service (PRS) Full its contracted air carriers, the Postal Network, traditional PRS, Priority Mail In addition to the electronic Service plans to provide an electronic Return Service, First-Class Package indicators specific to hazardous and hardcopy (if needed) manifest to the Return Service, and Ground Return materials, the Postal Service is also pilot of each flight carrying hazardous Service, where each STC will proposing new STCs and ESCs materials in the mail. The Postal Service correspond to the Extra Service options applicable to shipments of live animals. expects to supply this manifest, similar described above for outbound These indicators are intended to to a commercial air waybill, prior to shipments, and to specify unique STCs identify and categorize mailable live physically tendering the mail to the air to explicitly identify Division 6.2, animal shipments, and provide carrier. The manifest will supply the Infectious Substances returned through necessary package-level details for details on the categories of hazardous Postal Service Networks using each of perishable materials shipments when materials offered for transportation on these return services. The Postal Service they include special pricing each flight. The information will be proposes unique STCs to identify assessments. These required indicators provided from the electronic indicators Division 6.2 Infectious Substances will be leveraged within the new supplied by mailers under these because it believes this category of Package Platform initiative, enabling proposed requirements, and will be material is the most commonly shipped Postal Service permit systems to detailed under each of the hazardous hazardous material in Postal Service identify the shipments, and to ensure materials categories specified for air Networks via a return service and the proper and accurate automated postage transportation as previously specified in additional visibility into these assessments and payment. These the notice. The Postal Service believes shipments is beneficial to Postal perishable materials indicators will these detailed manifests will result in Operations. specify additional charges applicable to greater confidence in the safety of the The Postal Service proposes to live animals, such as the live animal pilot, crew, and the public traveling on provide unique ESCs to identify transportation fee charged by airlines passenger aircraft that also carry mail. specified categories of hazardous when specific types of live animals are The manifests will also supply materials with specific relevance to shipped via air transportation, or hazardous materials content information segregation, handling and identification Special Handling-Fragile fees when sufficient to enable air carriers to better in Postal Service networks. The Postal required by standards or when analyze their safety risks associated Service plans to specify approximately optionally requested by the mailer. with the mail in the development of 20 ESCs, each to identify a category of Once fully implemented, use of these their SMS. hazardous material that is associated STCs and ESCs will be required for all These electronic indicators will also with specific quantity restrictions, mailings of live animals under the provide the ability of Postal Operations packaging and markings requirements, categories specified. to identify packages containing and for some ESCs, restrictions in air International Shipments hazardous materials and the categories transportation. Included among the under which they fall. This additional proposed categories to be assigned with Most international packages do not information will allow the separation or a specific ESC, and intended for air include an IMpb, and will not have a consolidation of hazardous materials transportation are: STC associated with the package. packages as necessary to meet • ID8000 Consumer Commodity However, during the postage payment operational requirements and allow • Air-eligible Ethanol process for most international packages, Operations to affix the applicable • Excepted Quantity a SSF is generated and transmitted to markings when necessary to the • Division 5.1 Oxidizer the Postal Service. The Postal Service container. If this proposal is adopted, • Division 5.2 Organic Peroxide proposes to require mailers to include Postal Operations will review its • Division 6.1 Packaging Instruction 6B the hazardous materials ESCs applicable systems and processes and will Toxic Material to the category of material being investigate the feasibility of adopting • Class 8 Corrosive shipped. In accordance with Mailing enhancements using the hazardous • Class 8 Nonspillable battery Standards of the United States Postal materials data provided by these • Class 9 Dry Ice Service, International Mail Manual proposed requirements. • Class 9 Magnetized Material (IMM®) part 135, only four categories of If this proposal is adopted, the • Class 9 Lithium Battery (marked) hazardous materials are permitted in revisions to postage payment platforms • Class 9 Lithium Battery (unmarked) international mail. Hazardous materials may enable the Postal Service to build The Postal Service has also specified permitted in international mail are in safeguards to notify its mailers when proposed ESCs to correspond with restricted to: they attempt to combine a product that

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is incompatible with the selected DATES: To be assured consideration, B. Summary of Major Provisions category of hazardous material. For comments must be received at one of Section 1886(d)(5)(F) of the Act example, the Postal Service may be able the addresses provided below, no later provides for additional Medicare to warn (or lock out) a mailer during the than 5 p.m. on EDT on October 5, 2020. payments to subsection (d) hospitals postage payment process, when the ADDRESSES: In commenting, please refer that serve a significantly mailer attempts to combine an air- to file code CMS–1739–P. Because of disproportionate number of low income eligible product (e.g., First-Class staff and resource limitations, we cannot patients. The Act specifies two methods Package Service or Priority Mail) with a accept comments by facsimile (FAX) by which a hospital may qualify for the category of hazardous material restricted transmission. Medicare disproportionate share to ground transportation only (e.g. Comments, including mass comment hospital (DSH) payment adjustment. limited quantity ground material or submissions, must be submitted in one Under the first method, hospitals that flammable solid). If this proposal is of the following three ways (please are located in an urban area and have adopted, the Postal Service plans to choose only one of the ways listed): 100 or more beds may receive a review its systems to determine if such 1. Electronically. You may submit Medicare DSH payment adjustment if an enhancement is possible and electronic comments on this regulation the hospital can demonstrate that, practical. to http://www.regulations.gov. Follow during its cost reporting period, more Enforcement the ‘‘Submit a comment’’ instructions. than 30 percent of its net inpatient care 2. By regular mail. You may mail revenues are derived from State and If this proposal is adopted, the United written comments to the following local government payments for care States Postal Inspection Service® address ONLY: Centers for Medicare & furnished to needy patients with low (USPIS®) expects universal compliance Medicaid Services, Department of incomes. This method is commonly by mailers following a reasonable period Health and Human Services, Attention: referred to as the ‘‘Pickle method.’’ The of time to communicate the new CMS–1739–P, P.O. Box 8013, Baltimore, second method for qualifying for the requirements to mailers and postage MD 21244–8013. DSH payment adjustment, which is payment providers, and for them to Please allow sufficient time for mailed more common, is based on a complex make the necessary changes to their comments to be received before the statutory formula under which the DSH systems. Following the implementation close of the comment period. payment adjustment is based on the period, the USPIS intends to enforce 3. By express or overnight mail. You hospital’s geographic designation, the these new requirements using its civil may send written comments to the number of beds in the hospital, and the penalty authority under 39 U.S.C. 3018. following address ONLY: Centers for hospital’s disproportionate patient Brittany Johnson, Medicare & Medicaid Services, percentage (DPP). A hospital’s DPP is Attorney, Federal Compliance. Department of Health and Human the sum of two fractions: The ‘‘Medicare [FR Doc. 2020–15773 Filed 8–5–20; 8:45 am] Services, Attention: CMS–1739–P, Mail fraction’’ and the ‘‘Medicaid fraction.’’ BILLING CODE P Stop C4–26–05, 7500 Security The Medicare fraction (also known as Boulevard, Baltimore, MD 21244–1850. the SSI fraction or SSI ratio) is For information on viewing public computed by dividing the number of the comments, see the beginning of the hospital’s inpatient days that are DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION section. furnished to patients who were entitled HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: to both Medicare Part A and Centers for Medicare & Medicaid Donald Thompson (410) 786–4487. Supplemental Security Income (SSI) benefits by the hospital’s total number Services SUPPLEMENTARY INFORMATION: Inspection of Public Comments: All comments of patient days furnished to patients 42 CFR Part 412 received before the close of the entitled to benefits under Medicare Part comment period are available for A. The Medicaid fraction is computed [CMS–1739–P] viewing by the public, including any by dividing the hospital’s number of inpatient days furnished to patients RIN 0938–AU24 personally identifiable or confidential business information that is included in who, for such days, were eligible for Medicare Program; Treatment of a comment. We post all comments Medicaid, but were not entitled to Medicare Part C Days in the received before the close of the benefits under Medicare Part A, by the Calculation of a Hospital’s Medicare comment period on the following hospital’s total number of inpatient days Disproportionate Patient Percentage website as soon as possible after they in the same period. Because the DSH payment adjustment have been received: http:// AGENCY: Centers for Medicare & is part of the inpatient prospective www.regulations.gov. Follow the search Medicaid Services (CMS), HHS. payment system (IPPS), the statutory instructions on that website to view references to ‘‘days’’ in section ACTION: Proposed rule. public comments. 1886(d)(5)(F) of the Act have been SUMMARY: This proposed rule would I. Executive Summary and Background interpreted to apply only to hospital establish a policy concerning the acute care inpatient days. Regulations A. Purpose and Legal Authority treatment of patient days associated located at 42 CFR 412.106 govern the with persons enrolled in a Medicare This proposed rule would create a Medicare DSH payment adjustment and Part C (also known as ‘‘Medicare policy governing the treatment of days specify how the DPP is calculated as Advantage’’) plan for purposes of associated with beneficiaries enrolled in well as how beds and patient days are calculating a hospital’s disproportionate Medicare Part C for discharges occurring counted in determining the Medicare patient percentage for cost reporting prior to October 1, 2013, for the DSH payment adjustment. periods starting before fiscal year (FY) purposes of determining the additional 2014 in response to the ruling in Azar Medicare payments to subsection (d) C. Summary of Costs and Benefits v. Allina Health Services, 139 S. Ct. hospitals under section 1886(d)(5)(F) of If we adopted our proposal to include 1804 (June 3, 2019). the Social Security Act (the Act). days associated with patients enrolled

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in Medicare Part C in the calculation of In the FY 2004 IPPS proposed rule (68 to re-adopt the policy of including MA the SSI ratio and to exclude them from FR 27208), in response to questions patient days in the Medicare fraction the calculation of the numerator of the about whether the patient days prospectively for FY 2014 and Medicaid fraction, there would not be associated with patients enrolled in an subsequent fiscal years (78 FR 27578). any additional costs or benefits relative MA plan (then called a Medicare + We finalized this proposal in the FY to the Medicare DSH payments that Choice (M+C) plan) should be counted 2014 IPPS/LTCH PPS final rule (78 FR have already been made because those in the Medicare fraction or the Medicaid 50614). We made no change to the payments were made under the policy fraction of the disproportionate patient regulation text at § 412.106(b)(2)(i) reflected in the proposal (prior to it percentage (DPP) calculation, we because the text of the regulation having been vacated). The effect of this proposed that once a beneficiary enrolls already reflected the policy we adopted proposed rule would be to avoid the in an MA plan, patient days attributable in the FY 2014 IPPS/LTCH PPS final consequences of legal ambiguity that to the beneficiary would not be rule. In 2014, the United States Court of would otherwise continue into the included in the Medicare fraction of the Appeals for the D.C. Circuit upheld the future; the resulting costs, benefits and DPP. Instead, those patient days would district court’s holding that the policy transfer impacts are thus highly be included in the numerator of the adopted in the FY 2005 IPPS final rule uncertain. Medicaid fraction, if the patient also requiring inclusion of Part C days in the In order to quantify one point in the were eligible for Medicaid. In the FY Medicare fraction was not a logical relevant uncertainty range, we 2004 IPPS final rule (68 FR 45422), we outgrowth of the proposed rule, but left considered excluding days associated did not respond to public comments on open the possibility that we could with patients enrolled in Medicare Part this proposal, due to the volume and employ the same approach through C from the calculation of the SSI ratio nature of the public comments we adjudication. and (for patients also eligible for received, and we indicated that we In Azar v. Allina Health Services, 139 Medicaid) including them in the would address those comments later in S. Ct. 1804 (June 3, 2019), the Supreme calculation of the numerator of the a separate document. In the FY 2005 Court considered a challenge to the Medicaid fraction. We refer readers to IPPS proposed rule (69 FR 28286), we agency’s inclusion of MA patient days section V.D. of this proposed rule for a stated that we planned to address the in the Medicare fractions it published discussion of this alternative FY 2004 comments regarding MA days for FY 2012. Section 1871(a)(2) of the considered. in the IPPS final rule for FY 2005. After Act requires notice-and-comment rulemaking for any Medicare ‘‘rule, II. Provisions of the Proposed considering comments on this proposal, requirement, or other statement of Regulations—Treatment of Patient Days we decided not to implement the policy policy’’ that ‘‘establishes or changes a Associated With Patients Enrolled in as proposed. Instead, in the FY 2005 substantive legal standard governing the Medicare Advantage Plans With IPPS final rule (69 FR 49099), we scope of benefits, the payment for Discharge Dates Before October 1, 2013, determined that, under § 412.106(b)(2)(i) services, or the eligibility of individuals, in the Medicare and Medicaid of the regulations, MA patient days entities, or organizations to furnish or Fractions of the Disproportionate should be counted in the Medicare receive services or benefits.’’ The Patient Percentage (DPP) fraction of the DPP calculation. (We Supreme Court held that section The regulation at 42 CFR 422.2 note, at the time of the FY 2005 rulemaking, Medicare Part C was 1871(a)(2) of the Act required CMS to defines Medicare Advantage (MA) plan engage in notice-and-comment referred to as M+C; however, to avoid to mean ‘‘health benefits coverage rulemaking before adopting its policy confusion we use the current offered under a policy or contract by an regarding treatment of inpatient days for terminology (MA) when referring to MA organization that includes a specific beneficiaries enrolled in MA plans for Medicare Part C.) We explained that, set of health benefits offered at a purposes of calculating the DPP. uniform premium and uniform level of even where Medicare beneficiaries Section 1871(e)(1)(A) of the Act cost-sharing to all Medicare enroll in an MA plan, they are still authorizes CMS to engage in retroactive beneficiaries residing in the service area entitled to benefits under Medicare Part rulemaking when the Secretary of the MA plan . . . .’’ Generally, each A. Therefore, we noted that if an MA determines that such retroactive MA plan must at least provide coverage beneficiary is also an SSI recipient, the application is necessary to comply with of all services that are covered by patient days for that beneficiary would statutory requirements or that a failure Medicare Part A and Part B, but also be included in the numerator of the to apply a policy retroactively would be may provide for Medicare Part D Medicare fraction (as well as in the contrary to the public interest. For benefits and/or additional supplemental denominator) and not in the numerator example, CMS has invoked its authority benefits. However, certain items and of the Medicaid fraction. We note that, to engage in retroactive rulemaking services, such as hospice benefits, despite our statement in the FY 2005 under section 1871(e)(1)(A) of the Act in continue to be covered under Medicare final rule that the text of the regulation connection with its policy related to bad Part A fee-for-service (FFS) even if a at § 412.106(b)(2)(i) would be revised to debt (see the FY 2021 IPPS/LTCH PPS beneficiary chooses to enroll in an MA state explicitly that the days associated proposed rule (85 FR 32867)), predicate plan. Generally, under § 422.50 of the with MA beneficiaries are included in facts and cost report reopening (see the regulations, an individual is eligible to the Medicare fraction, due to a clerical CY 2014 OPPS final rule (78 FR 75165)), elect an MA plan if he or she is entitled oversight, the regulation at and the low-volume hospital adjustment to Medicare Part A and enrolled in § 412.106(b)(2)(i) was not amended to (see the FY 2020 IPPS/LTCH PPS final Medicare Part B. Dually eligible reflect this policy until 2007 (72 FR rule (84 FR 42349)). beneficiaries (individuals entitled to 47384). Section 1886(d)(5)(F) of the Act Medicare and eligible for Medicaid) also In 2012, a district court vacated the requires CMS to make DSH payments to may choose to enroll in an MA plan, final policy adopted in the FY 2005 eligible hospitals. Calculating such and, as an additional supplemental final rule on the basis that the final rule payments, in turn, requires CMS to benefit, the MA plan may pay for was not a ‘‘logical outgrowth’’ of the calculate a Medicare and a Medicaid Medicare cost-sharing not covered by proposed rule. In the FY 2014 IPPS/ fraction for each hospital. Under section Medicaid. LTCH PPS proposed rule, we proposed 1886(d)(5)(F)(vi)(I) of the Act, the

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Medicare fraction must include the or becomes disabled, provided that the Additionally, the Secretary has patient days for beneficiaries ‘‘entitled individual is entitled to Social Security determined that it is in the public to benefits under part A.’’ The Court of benefits under section 202 of the Act. interest for CMS to adopt a policy for Appeals for the D.C. Circuit has held Beneficiaries who are enrolled in MA the treatment of MA patient days in the that the Medicare statute does not speak plans provided under Medicare Part C Medicare and Medicaid fractions directly to how Part C days should be continue to meet all of the statutory through notice and comment treated for purposes of DSH criteria for entitlement to Medicare Part rulemaking retroactively for discharges calculations, that is, whether Part C A benefits under section 226 of the Act. before October 1, 2013 (the effective patients are ‘‘entitled to benefits under Moreover, section 1852(a)(1)(B)(i) of the date of the FY 2014 IPPS/LTCH PPS part A’’ and should therefore be Act provides that in order to enroll in final rule). CMS must calculate DSH included in the Medicare fraction, or Medicare Part C, or to change from one payments for periods that include whether they are not so entitled, and MA plan to another MA plan offered discharges occurring before the effective should therefore be included in the under Part C, a beneficiary must be date of the FY 2014 prospective rule for numerator of the Medicaid fraction if ‘‘entitled to benefits under Part A and hundreds of hospitals whose DSH they are also eligible for Medicaid. (See enrolled under Part B.’’ Thus, by payments for those periods are still Ne. Hosp. Corp. v. Sebelius, 657 F.3d 1, definition, a beneficiary must be open or have not yet been finally 13 (D.C. Cir. 2011).) However, the court entitled to Part A to be enrolled in Part settled, encompassing thousands of cost has also found that section C. There is nothing in the Act that reports. In order to calculate these 1886(d)(5)(F)(vi) of the Act requires the suggests that beneficiaries who enroll in payments, CMS must establish Medicare Secretary to account for Part C days in fractions for each applicable cost the DPP calculation by including them a Medicare Part C plan thereby forfeit their entitlement to Medicare Part A reporting period during the time period in one of the fractions (Medicare or for which there is currently no Medicaid) and excluding them from the benefits. To the contrary, enrollment in a plan under Medicare Part C is simply regulation in place that expressly other. (See Allina Health Servs. v. addresses the treatment of Part C days. Sebelius, 746 F.3d 1102, 1108 (D.C. Cir. an option that a person entitled to Part A benefits may choose as a way to Because the Supreme Court has held 2014).) that CMS cannot resolve this issue Because the FY 2005 IPPS final rule receive their Part A benefits. A except by notice-and-comment was vacated, the Secretary ‘‘has no beneficiary who enrolls in Medicare rulemaking, we have concluded that the promulgated rule governing’’ the Part C is entitled to receive benefits only way for CMS to resolve this issue treatment of Part C days for fiscal years under Medicare Part A through the MA and properly calculate DSH payments before 2014.’’ (See Allina Health Servs. plan in which he or she is enrolled, and v. Price, 863 F.3d 937, 939 (D.C. Cir. the MA organization’s costs in for time periods before FY 2014 is to 2017).) As a result, in order to comply providing such Part A benefits are paid establish a new regulation that would apply retroactively to the determination with the statutory requirement to for by CMS with money from the of Medicare and Medicaid fractions for calculate Medicare DSH payments, CMS Medicare Part A Trust Fund. In this time period. Consequently, must determine whether beneficiaries addition, under certain circumstances, retroactive rulemaking is not only enrolled in Part C are ‘‘entitled to Medicare Part A pays directly for care necessary to comply with statutory benefits under part A’’ and so must be furnished to patients enrolled in included in the Medicare fraction (and requirements, but is also necessary to Medicare Part C plans, rather than avoid an outcome that would be excluded from the numerator of the indirectly through Medicare Part A Medicaid fraction), or are not so entitled contrary to the public interest. Absent Trust Fund payments to MA such a retroactive rule, the Secretary and so must be excluded from the organizations. For example, under Medicare fraction (and included in the would be unable to calculate and section 1852(a)(5) of the Act, if, during confirm proper DSH payments for time numerator of the Medicaid fraction, if the course of the year, the scope of dually eligible). The Secretary has periods before FY 2014, which would be benefits provided under Medicare Part contrary to the public interest of therefore determined that, in order to A expands beyond a certain cost comply with the statutory requirement providing additional payments to threshold due to Congressional action or hospitals that serve a significantly to make DSH payments, it is necessary a national coverage determination, for CMS to engage in retroactive disproportionate number of low-income Medicare Part A will pay providers rulemaking to establish a policy to patients, as expressed in the DSH directly for the cost of those services govern whether individuals enrolled in provisions of the Medicare statute. provided to beneficiaries enrolled in MA plans under Part C should be Moreover, to the extent the Secretary included in the Medicare fraction or in Part C. Similarly, Medicare Part A pays must adopt an approach to calculate the numerator of the Medicaid fraction, directly for hospice care furnished to those payments, it is in the public if dually eligible, for fiscal years before MA patients who elect under section interest to permit interested 2014. 1812(d)(1) of the Act to receive such stakeholders to comment on the We continue to believe, as we stated care from a particular hospice program proposed approach and for the agency in the preamble to the FY 2014 IPPS/ and, under certain circumstances, for to have the benefit of those comments LTCH PPS final rule (78 FR 50614 and federally qualified health center (FQHC) in the development of any final rule. 50615) and have consistently expressed services provided to MA patients by Therefore, for the purposes of since the issuance of the FY 2005 IPPS FQHCs that contract with MA calculating the Medicare and Medicaid final rule, that individuals enrolled in organizations under sections 1853(h)(2) fractions for cost reporting periods that MA plans are ‘‘entitled to benefits under and 1853(a)(4) of the Act, respectively. include discharges before October 1, part A’’ as the phrase is used in the DSH Thus, we continue to believe that a 2013, we are proposing to adopt the provisions at section 1886(d)(5)(F)(vi) of patient enrolled in an MA plan remains same policy of including MA patient the Act. Section 226(a) of the Act entitled to benefits under Medicare Part days in the Medicare fraction that was provides that an individual is A, and should be counted in the prospectively adopted in the FY 2014 automatically ‘‘entitled’’ to Medicare Medicare fraction of the DPP, and not IPPS/LTCH PPS final rule and to apply Part A when the person reaches age 65 the numerator of the Medicaid fraction. this policy retroactively to any cost

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reports that remain open for cost B. Overall Impact significant’’ as measured by the $100 reporting periods starting before October We have examined the impact of this million threshold, and hence also a 1, 2013. We do not expect this proposal rule as required by Executive Order major rule under the Congressional to have an effect on payments as the 12866 on Regulatory Planning and Review Act, 5 U.S.C. 804(2). payments previously made reflect the Review (September 30, 1993), Executive Accordingly, we have prepared an RIA proposed policy. We are not proposing Order 13563 on Improving Regulation that to the best of our ability presents any change to the regulation text and Regulatory Review (January 18, the costs and benefits of the rulemaking. because the current text at 2011), the Regulatory Flexibility Act C. Detailed Economic Analysis § 412.106(b)(2)(i) reflects the policy (RFA) (5 U.S.C. 603), section 1102(b) of Medicare DSH payments have already being proposed for fiscal years before the Act, section 202 of the Unfunded FY 2014. been made under the policy reflected in Mandates Reform Act of 1995 (2 U.S.C. the proposal (prior to the policy having Because we are proposing to establish 1532), Executive Order 13132 on been vacated by the Court of Appeals, this policy retroactively, it would cover Federalism (August 4, 1999), the which was affirmed by the Supreme cost reporting periods for which many Congressional Review Act (5 U.S.C. Court’s decision). Therefore, the effect cost reports have already been final 804(2)), and Executive Order 13771 on of this proposed rule would be to avoid settled. Consistent with § 405.1885(c)(2), Reducing Regulation and Controlling the consequences of legal ambiguity that any final rule retroactively adopting the Regulatory Costs (January 30, 2017). would otherwise continue into the policy at § 412.106(b)(2)(i) for fiscal Executive Orders 12866 and 13563 future; the resulting costs, benefits and years before FY 2014 would not be a direct agencies to assess all costs and transfer impacts are thus highly basis for reopening these final settled benefits of available regulatory uncertain. In other words, given that cost reports. alternatives and, if regulation is there is currently no regulation We seek comments on our proposal to necessary, to select regulatory governing the treatment of Part C days, include MA patient days in the approaches that maximize net benefits it is not clear what to compare an Medicare fraction for fiscal years before (including potential economic, estimate of DSH payments under our FY 2014, and also on the alternative, environmental, public health and safety proposed policy to in order determine which is discussed in detail in section effects, distributive impacts, and the effect of our proposed policy on V. of this proposed rule, of including equity). Section 3(f) of Executive Order DSH payments. There are multiple MA patient days for dually eligible 12866 defines a ‘‘significant regulatory possible trajectories whereby agency beneficiaries in the numerator of the action’’ as an action that is likely to actions could be made consistent with Medicaid fraction for those fiscal years. result in a rule: (1) Having an annual the Supreme Court’s ruling requiring effect on the economy of $100 million notice-and-comment rulemaking. Our III. Collection of Information or more in any 1 year, or adversely and Requirements proposed policy is one such trajectory materially affecting a sector of the and DSH payments made under our This document does not impose economy, productivity, competition, proposed policy would not differ from information collection requirements, jobs, the environment, public health or hospitals’ historical DSH payments. that is, reporting, recordkeeping, or safety, or State, local or tribal This comparison between DSH third-party disclosure requirements. governments or communities (also payments under our proposed policy Consequently, there is no need for referred to as ‘‘economically and hospitals’ historical DSH payments review by the Office of Management and significant’’); (2) creating a serious quantifies one point within the relevant Budget under the authority of the inconsistency or otherwise interfering uncertainty range of potential costs, Paperwork Reduction Act of 1995 (44 with an action taken or planned by benefits, and transfer impacts. However, U.S.C. 3501 et seq.). another agency; (3) materially altering in order to explore another possible the budgetary impact of entitlements, trajectory (and thus to quantify an IV. Response to Comments grants, user fees, or loan programs or the additional point within the relevant Because of the large number of public rights and obligations of recipients uncertainty range), we considered an comments we normally receive on thereof; or (4) raising novel legal or approach of excluding days associated Federal Register documents, we are not policy issues arising out of legal with patients enrolled in Medicare Part able to acknowledge or respond to them mandates, the President’s priorities, or C from the calculation of the SSI ratio individually. We will consider all the principles set forth in Executive and including them in the numerator of comments we receive by the date and Order 12866. the Medicaid fraction (for those patients time specified in the DATES section of The discussion accompanying our who are dually eligible). We are not this preamble, and, when we proceed proposal along with this Regulatory proposing such a policy because we with a subsequent document, we will Impact Analysis (RIA) demonstrate that continue to believe, as we stated in the respond to the comments in the this proposed rule has been analyzed preamble to the FY 2014 IPPS/LTCH preamble to that document. consistent with the regulatory PPS final rule (78 FR 50614 and 50615) philosophy and principles identified in and have consistently expressed since V. Regulatory Impact Analysis Executive Orders 12866 and 13563, the the issuance of the FY 2005 IPPS final A. Statement of Need RFA, and section 1102(b) of the Act. We rule, that individuals enrolled in MA note that Medicare DSH payments affect plans are ‘‘entitled to benefits under This proposal is necessary to create a a substantial number of small rural part A’’ as the phrase is used in the DSH policy governing the treatment of days hospitals, as well as other classes of provisions at section 1886(d)(5)(F)(vi) of associated with beneficiaries enrolled in hospitals, and the effect of Medicare the Act. Medicare Part C for discharges occurring DSH payments on some hospitals is We created a public use data file in prior to October 1, 2013, for the significant. order to facilitate public comment and purposes of determining additional An RIA must be prepared for major analysis of our proposal and the Medicare payments to subsection (d) rules with economically significant alternative approach. This file is hospitals under section 1886(d)(5)(F) of effects ($100 million or more in any 1 available in the Downloads section of the Act. year). This rulemaking is ‘‘economically the Disproportionate Share Hospital

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web page on the CMS website: https:// We then used these alternative given that there is currently no www.cms.gov/Medicare/Medicare-Fee- Medicare and Medicaid fractions to regulation governing the treatment of for-Service-Payment/ model the percent change in the Part C days, it is not clear what to AcuteInpatientPPS/dsh. The file Medicare DSH adjustment for the compare an estimate of DSH payments contains an illustrative model at the hospital. under the alternative to in order to hospital level of the potential effect on The modelled percent change in the determine the change in DSH payments. the DSH adjustment of excluding days Medicare DSH adjustment was applied Taking the quantitative impact estimate associated with patients enrolled in to an annualized Medicare DSH that appears earlier that DSH payments Medicare Part C from the SSI ratio and payment from the hospital’s cost report made under the alternative policy including them in the numerator of the to estimate the 12-month change in would represent an increase of $0.6 Medicaid fraction (for those patients Medicare DSH payments to that billion over hospitals’ historical DSH who are dually eligible). hospital. payments for the relevant time period— In constructing the model, we used Based on this model, most hospitals’ that is, projecting a transfer of the same data from hospital cost reports for Medicare DSH payments would increase $0.6 billion magnitude — yields an hospitals that were eligible for and relative to their historical Medicare DSH estimate of the alternative’s impact received Medicare DSH payments for payments; however, some hospitals’ relative to hospitals’ historical DSH their longest cost reporting period Medicare DSH payments would payments. As in the analysis of the ending between January 1, 2013, and decrease or not change. In aggregate, the policy as proposed, the alternative’s December 31, 2013, inclusive of those modelled Medicare DSH payments impact estimate represents a boundary dates, as reflected in the Healthcare Cost would increase by 6 percent relative to on an especially wide uncertainty range. the historical Medicare DSH payments, Report Information System (HCRIS) E. Accounting Statement data. (For more information on the which for the hospitals represented in As required by OMB Circular A–4, in HCRIS data, see https://www.cms.gov/ the model was approximately a net $0.6 the following Table 1, we have prepared Research-Statistics-Data-and-Systems/ billion annualized increase for this time an accounting statement showing the Downloadable-Public-Use-Files/Cost- period. We note that these estimates are for classification of the expenditures Reports/Hospital-2010-form.) We chose illustrative purposes and involve associated with the provisions of this this time period to model because these modelling assumptions (for example, proposed rule as they relate to hospitals cost reports generally contain the bulk use of a proxy for the Medicaid days receiving Medicare DSH payments. This of the most recent cost report data for associated with patients enrolled in table provides our best estimate of the hospitals prior to our readopting the Medicare Part C, as described change in Medicare DSH payments to policy of including MA patient days in previously), which may differ from hospitals as a result of our proposal. All the Medicare fraction in the FY 2014 actual calculations that would be done expenditures are classified as transfers IPPS/LTCH PPS final rule. We also during cost report review and settlement to Medicare providers. incorporated relevant data from the processes by contractors if such a policy MedPAR data files and the SSI were adopted. These expenditures (or, TABLE 1—ACCOUNTING STATEMENT: eligibility files pertaining to that time as regards payments already made for CLASSIFICATION OF ESTIMATED period. These are the same source files past years, the avoidance of potentially used to construct the FY SSI Ratio files MEDICARE DSH EXPENDITURES necessary reimbursements from also found in the Downloads section of PRIOR TO FY 2014 providers to the Trust Fund) would be the Disproportionate Share Hospital classified as transfers to Medicare web page on the CMS website. Category Transfers providers. In order to model the Medicare We are seeking comments on this Annualized Monetized $0 to–$0.6 billion. fraction for each hospital, we estimated illustrative model and the assumptions Transfers. the SSI ratio applicable to that hospital’s used in this analysis. From Whom to Whom Federal Government cost report after excluding days to Hospitals Re- associated with patients enrolled in D. Alternative Considered ceiving Medicare Medicare Part C. We considered as an alternative to our DSH Payments. In order to model the Medicaid proposal excluding days associated with fraction for each hospital, we used the patients enrolled in Medicare Part C F. Regulatory Flexibility Act (RFA) days associated with patients enrolled from the calculation of the SSI ratio and The RFA requires agencies to analyze in Medicare Part C who were also including them in the calculation of the options for regulatory relief of small eligible for SSI, based on the applicable Medicaid fraction. However, we are not entities, if a rule has a significant impact SSI eligibility data, as a proxy for the proposing such a policy because we on a substantial number of small Medicaid days associated with patients continue to believe, as we stated in the entities. For purposes of the RFA, small enrolled in Medicare Part C. We used preamble to the FY 2014 IPPS/LTCH entities include small businesses, this proxy, because we do not have PPS final rule (78 FR 50614 and 50615) nonprofit organizations, and small readily available specific data on and have consistently expressed since governmental jurisdictions. Most Medicaid eligibility for beneficiares who the issuance of the FY 2005 IPPS final hospitals and most other providers and are eligible for SSI benefits. However, rule, that individuals enrolled in MA suppliers are small entities, either by we believe this proxy is reasonable plans are ‘‘entitled to benefits under nonprofit status or by having revenues because the majority of states provide part A’’ as the phrase is used in the DSH of less than $7.5 million to $38.5 Medicaid eligibility to people eligible provisions at section 1886(d)(5)(F)(vi) of million in any 1 year. Individuals and for SSI benefits. The Part C SSI days for the Act. states are not included in the definition each hospital were then added to the Similar to the discussion in section of a small entity. We are not preparing numerator of the otherwise applicable V.C. of this proposed rule regarding an analysis for the RFA because we have Medicaid fraction for that hospital as DSH payments under our proposed determined, and the Secretary certifies, reflected in the hospital’s cost report policy, because it is not clear what DSH that if we adopted our proposal there data. payments prior to FY 2014 would be would not be any additional costs or

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benefits relative to Medicare DSH costs and benefits before issuing any with at least two prior regulations.’’ payments that have already been made. rule whose mandates require spending OMB’s Guidance Implementing Therefore, this proposed rule will not in any 1 year of $100 million in 1995 Executive Order 13771, Titled have a significant economic impact on dollars, updated annually for inflation. ‘‘Reducing Regulation and Controlling a substantial number of small entities. In 2020, that threshold is approximately Regulatory Costs’’, issued on April 5, In addition, section 1102(b) of the Act $156 million. This proposed rule will 2017, available at https:// requires us to prepare an RIA if a rule have no consequential effect on state, www.whitehouse.gov/sites/ may have a significant impact on the local, or tribal governments or on the whitehouse.gov/files/omb/memoranda/ operations of a substantial number of private sector. 2017/M-17-21-OMB.pdf, explains that small rural hospitals. This analysis must H. Federalism ‘‘E.O. 13771 deregulatory actions are not conform to the provisions of section 603 limited to those defined as significant of the RFA. For purposes of section Executive Order 13132 establishes under E.O. 12866 or OMB’s Final 1102(b) of the Act, we define a small certain requirements that an agency Bulletin on Good Guidance Practices.’’ rural hospital as a hospital that is must meet when it promulgates a It has been determined that this located outside of a Metropolitan proposed rule (and subsequent final proposed rule imposes no more than de Statistical Area and has fewer than 100 rule) that imposes substantial direct minimis costs, and therefore is not beds. We are not preparing an analysis requirement costs on state and local considered a regulatory action under for section 1102(b) of the Act because governments, preempts state law, or Executive Order 13771. we have determined, and the Secretary otherwise has Federalism implications. certifies, that if we adopted our proposal Since this regulation does not impose In accordance with the provisions of there would not be any additional costs any costs on state or local governments, Executive Order 12866, this proposed or benefits for small rural hospitals the requirements of Executive Order rule was reviewed by the Office of relative to Medicare DSH payments that 13132 are not applicable. Management and Budget. have already been made to these Dated: March 24, 2020. I. Regulatory Reform Analysis Under hospitals. Therefore, this proposed rule Executive Order 13771 Seema Verma, would not have a significant impact on Administrator, Centers for Medicare & the operations of a substantial number Executive Order 13771, titled Medicaid Services. of small rural hospitals. Reducing Regulation and Controlling Regulatory Costs, was issued on January Dated: April 09, 2020. G. Unfunded Mandates Reform Act 30, 2017, and requires that the costs Alex M. Azar II, (UMRA) associated with significant new Secretary, Department of Health and Human Section 202 of the Unfunded regulations ‘‘shall, to the extent Services. Mandates Reform Act of 1995 also permitted by law, be offset by the [FR Doc. 2020–16896 Filed 8–4–20; 4:15 pm] requires that agencies assess anticipated elimination of existing costs associated BILLING CODE 4120–01–P

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Notices Federal Register Vol. 85, No. 152

Thursday, August 6, 2020

This section of the FEDERAL REGISTER displays a currently valid OMB control Number of Respondents: 186. contains documents other than rules or number. Frequency of Responses: Reporting: proposed rules that are applicable to the Annually. Food and Nutrition Service public. Notices of hearings and investigations, Total Burden Hours: 225. committee meetings, agency decisions and Title: Turnip the Beet! High Quality rulings, delegations of authority, filing of Summer Meals Program. Ruth Brown, petitions and applications and agency OMB Control Number: 0584–NEW. Departmental Information Collection statements of organization and functions are Summary of Collection: Turnip the Clearance Officer. examples of documents appearing in this Beet is a voluntary award program to [FR Doc. 2020–17149 Filed 8–5–20; 8:45 am] section. recognize participating sponsoring BILLING CODE 3410–30–P organizations (sponsors) in the Summer DEPARTMENT OF AGRICULTURE Food Service Program (SFSP) or the National School Lunch Program (NSLP) COMMISSION ON CIVIL RIGHTS Submission for OMB Review; Seamless Summer Option (SSO) that Comment Request work hard to offer high quality, Notice of Public Meeting of the Virginia nutritious meals during the summer Advisory Committee to the U.S. August 3, 2020. months. The SFSP is administered Commission on Civil Rights The Department of Agriculture has through sponsoring organizations that submitted the following information host meal sites in a wide variety of AGENCY: U.S. Commission on Civil collection requirement(s) to OMB for settings, while the SSO is administered Rights. review and clearance under the through sponsoring school districts, ACTION: Announcement of meeting. Paperwork Reduction Act of 1995, offering an opportunity for the districts Public Law 104–13. Comments are to provide a seamless transition between SUMMARY: Notice is hereby given, requested regarding; whether the school meals and summer meals. Turnip pursuant to the provisions of the rules collection of information is necessary the Beet is a tool to motivate summer and regulations of the U.S. Commission for the proper performance of the meal sponsors to go above and beyond on Civil Rights (Commission) and the functions of the agency, including basic regulatory requirements for the Federal Advisory Committee Act that whether the information will have respective program meal patterns. This the Virginia Advisory Committee practical utility; the accuracy of the voluntary information collection is (Committee) will hold a meeting on agency’s estimate of burden including authorized under 42 U.S.C. 1761 Thursday, August 20, 2020 at 12:00 p.m. the validity of the methodology and Richard B. Russell National School Eastern time. The Committee will assumptions used; ways to enhance the Lunch Act. discuss its draft report on hate crime in quality, utility and clarity of the Need and Use of the Information: The Virginia. information to be collected; and ways to information needed to process the DATES: The meeting will take place on minimize the burden of the collection of voluntary award nominations is Thursday, August 20, 2020 at 12:00 p.m. information on those who are to collected from State Program Staff and Eastern time. respond, including through the use of Businesses (SFSP or NSLP/SSO Program Public Call Information: Dial: 800– appropriate automated, electronic, Sponsors). Sponsors can submit 353–6461, Conference ID: 7676025. mechanical, or other technological nomination packets to the State FOR FURTHER INFORMATION CONTACT: collection techniques or other forms of Agencies, who verify that the packet is Melissa Wojnaroski, DFO, at information technology. complete. The State Agencies then [email protected] or 312–353– Comments regarding this information forward the nominations to FNS who 8311. collection received by September 8, score the nominations to determine the 2020 will be considered. Written award winners. The nomination process SUPPLEMENTARY INFORMATION: Members comments and recommendations for the allows FNS to accurately assess the of the public can listen to these proposed information collection should quality of meal service in order to discussions. Committee meetings are be submitted within 30 days of the determine whether the individual available to the public through the publication of this notice on the sponsor qualifies for Turnip the Beet above call in number. Any interested following website www.reginfo.gov/ recognition. The Turnip the Beet award member of the public may call this public/do/PRAMain. Find this encourages sponsoring organizations to number and listen to the meeting. An particular information collection by think creatively and strive for best open comment period will be provided selecting ‘‘Currently under 30-day practices in their summer meals, to allow members of the public to make Review—Open for Public Comments’’ or thereby improving children’s access to a statement as time allows. The by using the search function. nutritious, well-balanced meals. This conference call operator will ask callers An agency may not conduct or allows FNS to administer summer meal to identify themselves, the organization sponsor a collection of information programs that serve the needs of they are affiliated with (if any), and an unless the collection of information communities nationwide, placing an email address prior to placing callers displays a currently valid OMB control increased emphasis on the health of into the conference room. Callers can number and the agency informs children without adding regulatory expect to incur regular charges for calls potential persons who are to respond to requirements for the meals. they initiate over wireless lines, the collection of information that such Description of Respondents: State, according to their wireless plan. The persons are not required to respond to Local, or Tribal Government; and Profit/ Commission will not refund any the collection of information unless it Non-Profit Businesses. incurred charges. Callers will incur no

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charge for calls they initiate over land- SUMMARY: On March 24, 2020, the find unsupported Zhongji’s request for line connections to the toll-free United States Court of International an entered value adjustment (EVA).3 telephone number. Persons with hearing Trade (CIT) issued its final judgment in Commerce issued a redetermination on impairments may also follow the Jiangsu Zhongji Lamination Materials remand, under protest, explaining proceedings by first calling the Federal Co., Ltd. v. United States, Court No. 18– Commerce’s position that Commerce Relay Service at 1–800–877–8339 and 00089, sustaining the Department of cannot accurately verify use of the providing the Service with the Commerce (Commerce)’s remand Export Buyer’s Credit Program without conference call number and conference redetermination concerning the final the cooperation of the Government of ID number. determination in the countervailing China, but nevertheless finding that Members of the public are also duty (CVD) investigation of certain Zhongji did not use the Export Buyer’s entitled to submit written comments; aluminum foil (aluminum foil) from the Credit Program, in light of the CIT’s the comments must be received in the People’s Republic of China (China), remands on the issue.4 Additionally, in regional office within 30 days following covering the period of investigation its redetermination, Commerce the meeting. Written comments may be (POI) January 1, 2016 through December addressed how information discovered mailed to the Regional Programs Unit, 31, 2016. Commerce is notifying the at verification supported its finding that U.S. Commission on Civil Rights, 230 S public that the CIT’s final judgment is Zhongji’s request for an EVA is Dearborn, Suite 2120, Chicago, IL not in harmony with the Amended Final unsupported, however, because Zhongji 60604. They may also be faxed to the Determination and Order of the was not provided notice that Commerce Commission at (312) 353–8324, or investigation and that Commerce is intended to reconsider its EVA emailed to Corrine Sanders at csanders@ amending the Amended Final methodology for the Final usccr.gov. Persons who desire Determination and Order with respect to Determination, Commerce determined it additional information may contact the the CVD cash deposit rate assigned to appropriate to grant Zhongji’s EVA Regional Programs Unit at (312) 353– Jiangsu Zhongji Lamination Materials request. On March 24, 2020, the Court 8311. Co., Ltd., Shantou Wanshun Package sustained the Remand Results.5 Records generated from this meeting Material Stock Co., Ltd., Jiangsu may be inspected and reproduced at the Huafeng Aluminum Industry Co., Ltd., Timken Notice Regional Programs Unit Office, as they and Jiangsu Zhongji Lamination In its decision in Timken,6 as clarified become available, both before and after Materials Co., (HK) Ltd. (collectively, by Diamond Sawblades,7 the Court of the meeting. Records of the meeting will Zhongji) and all other companies. Appeals for the Federal Circuit (CAFC) be available via www.facadatabase.gov DATES: Applicable April 3, 2020. held that, pursuant to section 516A(c) under the Commission on Civil Rights, FOR FURTHER INFORMATION CONTACT: John and (e) of the Tariff Act of 1930, as Virginia Advisory Committee link. McGowan, AD/CVD Operations, Office amended (the Act), Commerce must Persons interested in the work of this VI, Enforcement and Compliance, publish a notice of a court decision that Committee are directed to the International Trade Administration, is not ‘‘in harmony’’ with a Commerce Commission’s website, http:// U.S. Department of Commerce, 1401 determination and must suspend www.usccr.gov, or may contact the Constitution Avenue NW, Washington, liquidation of entries pending a Regional Programs Unit at the above DC 20230; telephone (202) 482–3019. ‘‘conclusive’’ court decision. The CIT’s email or street address. SUPPLEMENTARY INFORMATION: March 24, 2020, judgment in this case Agenda constitutes a final decision of the court Background that is not in harmony with Commerce’s Welcome and Roll Call Civil Rights in Virginia On March 5, 2018, Commerce Amended Final Determination and Future Plans and Actions published the Final Determination, Order. This notice is published in Public Comment finding, inter alia, that Zhongji used the fulfillment of the publication Adjournment Export Buyer’s Credit Program and requirements of Timken. Dated: August 3, 2020. failed to meet the criteria for an entered Amended Final Determination and 1 David Mussatt, value adjustment. Commerce published Order an Amended Final Determination and Supervisory Chief, Regional Programs Unit. Order resulting from the investigation Because there is now a final court [FR Doc. 2020–17210 Filed 8–5–20; 8:45 am] on April 19, 2018.2 Zhongji challenged decision, Commerce is amending its BILLING CODE P the Amended Final Determination and Amended Final Determination and Order before the CIT. On September 18, Order. Commerce finds that the revised 2019, the CIT remanded Commerce’s countervailable subsidy rate for Zhongji DEPARTMENT OF COMMERCE determination for further analysis, is 6.46 percent. We have also re- instructing the parties to contemplate a calculated the all-others rate to 13.28 International Trade Administration solution to the impasse and to confer for percent. [C–570–054] the Export Buyer’s Credit Program, and instructing Commerce to identify the 3 See Jiangsu Zhongji Lamination Materials Co., Ltd. v. United States, Court No. 18–00089, Slip Op. Certain Aluminum Foil from the information that Commerce uncovered People’s Republic of China: Notice of 19–122 (CIT September 18, 2019). at verification that caused Commerce to 4 See Final Results of Redetermination Pursuant Court Decision Not in Harmony With to Court Order, Jiangsu Zhongji Lamination the Amended Final Determination in 1 See Countervailing Duty Investigation of Certain Materials Co., Ltd. v. United States, Court No. 18– the Countervailing Duty Investigation, Aluminum Foil from the People’s Republic of 00089, dated January 27, 2020 (Remand Results). and Notice of Amended Final China: Final Affirmative Determination, 83 FR 9274 5 See Jiangsu Zhongji Lamination Materials Co., Determination and Amended (March 5, 2018) (Final Determination), and Ltd. v. United States, Court No. 18–00089, Slip Op. accompanying Issues and Decision Memorandum. 20–39 (CIT March 24, 2020). Countervailing Duty Order 2 See Certain Aluminum Foil from the People’s 6 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). AGENCY: Republic of China: Amended Affirmative Enforcement and Compliance, Countervailing Duty Determination and 7 See Diamond Sawblades Mfrs. Coalition v. International Trade Administration, Countervailing Duty Order, 83 FR 17360 (April 19, United States, 626 F.3d 1374 (Fed. Cir. 2010) Department of Commerce. 2018) (Amended Final Determination and Order). (Diamond Sawblades).

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Cash Deposit Requirements 2020, Commerce received a timely-filed with the regulations and terms of an Because Zhongji and all other request from Maodi Solar Technology APO is a sanctionable violation. (Dongguan) Co., Ltd. (Moadi), an companies do not have superseding Notification to Interested Parties exporter of subject merchandise, with cash deposit rates, i.e., there have been This notice is issued and published in no final results published in subsequent respect to their entries of subject 2 accordance with sections 751(a)(1) and administrative reviews for Zhongji and merchandise during the POR. Pursuant to this request and in accordance with 777(i)(1) of the Tariff Act of 1930, as all other companies, Commerce will amended, and 19 CFR 351.213(d)(4). issue revised cash deposit instructions 19 CFR 351.221(c)(1)(i), Commerce to Customs and Border Protection. published a notice initiating an Dated: August 3, 2020. administrative review solely of Moadi.3 James Maeder, Notification to Interested Parties On April 2, 2020, Moadi withdrew its Deputy Assistant Secretary for Antidumping This notice is issued and published in request for an administrative review.4 and Countervailing Duty Operations. accordance with sections 516A(c)(1) and Rescission of Review [FR Doc. 2020–17186 Filed 8–5–20; 8:45 am] (e), 705(c)(1)(B), and 777(i)(1) of the Act. BILLING CODE 3510–DS–P Pursuant to 19 CFR 351.213(d)(1), the Dated: July 30, 2020. Department will rescind an Jeffrey I. Kessler, administrative review, in whole or in DEPARTMENT OF COMMERCE Assistant Secretary for Enforcement and part, if the party or parties that Compliance. requested a review withdraws the International Trade Administration [FR Doc. 2020–17167 Filed 8–5–20; 8:45 am] request within 90 days of the BILLING CODE 3510–DS–P publication date of the notice of Initiation of Antidumping and initiation of the requested review. As Countervailing Duty Administrative noted above, Moadi withdrew its Reviews DEPARTMENT OF COMMERCE request for review. No other parties AGENCY: Enforcement and Compliance, requested an administrative review of International Trade Administration International Trade Administration, the order. Therefore, in accordance with Department of Commerce. [C–570–011] 19 CFR 351.213(d)(1), we are rescinding SUMMARY: The Department of Commerce this review in its entirety. Crystalline Silicon Photovoltaic (Commerce) has received requests to Products From the People’s Republic Assessment conduct administrative reviews of various antidumping duty (AD) and of China: Rescission of Countervailing Commerce will instruct U.S. Customs Duty Administrative Review; 2019 countervailing duty (CVD) orders and and Border Protection (CBP) to assess findings with June anniversary dates. In countervailing duties on all appropriate AGENCY: Enforcement and Compliance, accordance with Commerce’s International Trade Administration, entries of solar products from China. regulations, we are initiating those Department of Commerce. Countervailing duties shall be assessed administrative reviews. at rates equal to the cash deposit of SUMMARY: The Department of Commerce DATES: Applicable August 6, 2020. estimated countervailing duties required (Commerce) is rescinding the FOR FURTHER INFORMATION CONTACT: administrative review of the at the time of entry, or withdrawal from warehouse, for consumption in Brenda E. Brown, AD/CVD Operations, countervailing duty order on crystalline Customs Liaison Unit, Enforcement and silicon photovoltaic products (solar accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to Compliance, International Trade products) from the People’s Republic of Administration, U.S. Department of China (China) for the period of review issue appropriate assessment instructions to CBP 15 days after the Commerce, 1401 Constitution Avenue (POR) January 1, 2019 through NW, Washington, DC 20230, telephone: December 31, 2019, based on the timely date of publication of this notice of rescission of administrative review. (202) 482–4735. withdrawal of the request for review. SUPPLEMENTARY INFORMATION: DATES: Applicable August 6, 2020. Administrative Protective Orders Background FOR FURTHER INFORMATION CONTACT: This notice also serves as a final Gene Calvert, AD/CVD Operations, reminder to parties subject to Commerce has received timely Office VII, Enforcement and administrative protective order (APO) of requests, in accordance with 19 CFR Compliance, International Trade their responsibility concerning the 351.213(b), for administrative reviews of Administration, U.S. Department of return or destruction of proprietary various AD and CVD orders and Commerce, 14th Street and Constitution information disclosed under an APO in findings with June anniversary dates. All deadlines for the submission of Avenue NW, Washington, DC 20230; accordance with 19 CFR 351.305(a)(3). various types of information, telephone: (202) 482–3586. Timely written notification of the return certifications, or comments or actions by SUPPLEMENTARY INFORMATION: or destruction of APO materials, or Commerce discussed below refer to the conversion to judicial protective order, number of calendar days from the Background is hereby requested. Failure to comply applicable starting time. On February 3, 2020, Commerce published the notice of opportunity to 2 See Maodi’s Letter, ‘‘Crystalline Silicon Notice of No Sales request an administrative review of the Photovoltaic Products From the People’s Republic of China—Request for Administrative Review,’’ If a producer or exporter named in order on solar products from China for this notice of initiation had no exports, the POR of January 1, 2019 through dated February 28, 2020. 3 See Initiation of Antidumping and sales, or entries during the period of 1 December 31, 2019. On February 28, Countervailing Duty Administrative Reviews, 85 FR review (POR), it must notify Commerce 19730, 19741 (April 8, 2020). within 30 days of publication of this 1 See Antidumping or Countervailing Duty Order, 4 See Moadi’s Letter, ‘‘Crystalline Silicon Finding, or Suspended Investigation; Opportunity Photovoltaic Products From the People’s Republic notice in the Federal Register. All to Request Administrative Review, 85 FR 5938 of China—Withdrawal of Request for submissions must be filed electronically (February 3, 2020). Administrative Review,’’ dated April 2, 2020. at https://access.trade.gov in accordance

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with 19 CFR 351.303.1 Such others, Commerce will assume that such will modify its dumping calculations submissions are subject to verification companies continue to operate in the appropriately. in accordance with section 782(i) of the same manner and will collapse them for Neither section 773(e) of the Act nor Tariff Act of 1930, as amended (the Act). respondent selection purposes. 19 CFR 351.301(c)(2)(v) set a deadline Further, in accordance with 19 CFR Otherwise, Commerce will not collapse for the submission of PMS allegations 351.303(f)(1)(i), a copy must be served companies for purposes of respondent and supporting factual information. on every party on Commerce’s service selection. Parties are requested to (a) However, in order to administer section list. identify which companies subject to 773(e) of the Act, Commerce must review previously were collapsed, and receive PMS allegations and supporting Respondent Selection (b) provide a citation to the proceeding factual information with enough time to In the event Commerce limits the in which they were collapsed. Further, consider the submission. Thus, should number of respondents for individual if companies are requested to complete an interested party wish to submit a examination for administrative reviews the Quantity and Value (Q&V) PMS allegation and supporting new initiated pursuant to requests made for Questionnaire for purposes of factual information pursuant to section the orders identified below, Commerce respondent selection, in general, each 773(e) of the Act, it must do so no later intends to select respondents based on company must report volume and value than 20 days after submission of initial U.S. Customs and Border Protection data separately for itself. Parties should responses to section D of the (CBP) data for U.S. imports during the not include data for any other party, questionnaire. POR. We intend to place the CBP data even if they believe they should be Separate Rates on the record within five days of treated as a single entity with that other publication of the initiation notice and party. If a company was collapsed with In proceedings involving non-market to make our decision regarding another company or companies in the economy (NME) countries, Commerce begins with a rebuttable presumption respondent selection within 30 days of most recently completed segment of this that all companies within the country publication of the initiation Federal proceeding where Commerce are subject to government control and, Register notice. Comments regarding the considered collapsing that entity, thus, should be assigned a single CBP data and respondent selection complete Q&V data for that collapsed antidumping duty deposit rate. It is should be submitted within seven days entity must be submitted. after the placement of the CBP data on Commerce’s policy to assign all the record of this review. Parties Deadline for Withdrawal of Request for exporters of merchandise subject to an wishing to submit rebuttal comments Administrative Review administrative review in an NME country this single rate unless an should submit those comments within Pursuant to 19 CFR 351.213(d)(1), a five days after the deadline for the exporter can demonstrate that it is party that has requested a review may sufficiently independent so as to be initial comments. withdraw that request within 90 days of entitled to a separate rate. In the event Commerce decides it is the date of publication of the notice of To establish whether a firm is necessary to limit individual initiation of the requested review. The sufficiently independent from examination of respondents and regulation provides that Commerce may government control of its export conduct respondent selection under extend this time if it is reasonable to do activities to be entitled to a separate section 777A(c)(2) of the Act, the so. Determinations by Commerce to rate, Commerce analyzes each entity following guidelines regarding extend the 90-day deadline will be exporting the subject merchandise. In collapsing of companies for purposes of made on a case-by-case basis. accordance with the separate rates respondent selection will apply. In criteria, Commerce assigns separate general, Commerce has found that Deadline for Particular Market Situation Allegation rates to companies in NME cases only determinations concerning whether if respondents can demonstrate the particular companies should be Section 504 of the Trade Preferences absence of both de jure and de facto ‘‘collapsed’’ (e.g., treated as a single Extension Act of 2015 amended the Act government control over export entity for purposes of calculating by adding the concept of a particular activities. antidumping duty rates) require a market situation (PMS) for purposes of All firms listed below that wish to substantial amount of detailed constructed value under section 773(e) qualify for separate rate status in the information and analysis, which often of the Act.2 Section 773(e) of the Act administrative reviews involving NME require follow-up questions and states that ‘‘if a particular market countries must complete, as analysis. Accordingly, Commerce will situation exists such that the cost of appropriate, either a separate rate not conduct collapsing analyses at the materials and fabrication or other application or certification, as described respondent selection phase of this processing of any kind does not below. For these administrative reviews, review and will not collapse companies accurately reflect the cost of production in order to demonstrate separate rate at the respondent selection phase unless in the ordinary course of trade, the eligibility, Commerce requires entities there has been a determination to administering authority may use for whom a review was requested, that collapse certain companies in a another calculation methodology under were assigned a separate rate in the previous segment of this AD proceeding this subtitle or any other calculation most recent segment of this proceeding (e.g., investigation, administrative methodology.’’ When an interested in which they participated, to certify review, new shipper review, or changed party submits a PMS allegation pursuant that they continue to meet the criteria circumstances review). For any to section 773(e) of the Act, Commerce for obtaining a separate rate. The company subject to this review, if will respond to such a submission Separate Rate Certification form will be Commerce determined, or continued to consistent with 19 CFR 351.301(c)(2)(v). available on Commerce’s website at treat, that company as collapsed with If Commerce finds that a PMS exists https://enforcement.trade.gov/nme/ under section 773(e) of the Act, then it nme-sep-rate.html on the date of 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; publication of this Federal Register Administrative Protective Order Procedures, 76 FR 2 See Trade Preferences Extension Act of 2015, notice. In responding to the 39263 (July 6, 2011). Pub. L. 114–27, 129 Stat. 362 (2015). certification, please follow the

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‘‘Instructions for Filing the structure, acquisitions of new Certification and subsequently are Certification’’ in the Separate Rate companies or facilities, or changes to selected as mandatory respondents, Certification. Separate Rate their official company name,4 should these exporters and producers will no Certifications are due to Commerce no timely file a Separate Rate Application longer be eligible for separate rate status later than 30 calendar days after to demonstrate eligibility for a separate unless they respond to all parts of the publication of this Federal Register rate in this proceeding. The Separate questionnaire as mandatory notice. The deadline and requirement Rate Application will be available on respondents. for submitting a Certification applies Commerce’s website at https:// equally to NME-owned firms, wholly enforcement.trade.gov/nme/nme-sep- Initiation of Reviews foreign-owned firms, and foreign sellers rate.html on the date of publication of who purchase and export subject this Federal Register notice. In In accordance with 19 CFR merchandise to the United States. responding to the Separate Rate 351.221(c)(1)(i), we are initiating Entities that currently do not have a Application, refer to the instructions administrative reviews of the following separate rate from a completed segment contained in the application. Separate AD and CVD orders and findings. We of the proceeding 3 should timely file a Rate Applications are due to Commerce intend to issue the final results of these Separate Rate Application to no later than 30 calendar days after reviews not later than June 30, 2021. demonstrate eligibility for a separate publication of this Federal Register rate in this proceeding. In addition, notice. The deadline and requirement companies that received a separate rate for submitting a Separate Rate 5 Commerce is only reviewing entries that were in a completed segment of the Application applies equally to NME- produced, but not exported, by Goodluck India proceeding that have subsequently Limited (Goodluck), and/or entries that were owned firms, wholly foreign-owned exported, but not produced, by Goodluck. Pursuant made changes, including, but not firms, and foreign sellers that purchase to a Court of International Trade decision, effective limited to, changes to corporate and export subject merchandise to the May 10, 2020, Commerce excluded from the United States. antidumping duty order certain cold-drawn 3 Such entities include entities that have not For exporters and producers who mechanical tubing of cargon and allowy steel that participated in the proceeding, entities that were submit a Separate Rate Application or was produced and exported by Goodluck. See preliminarily granted a separate rate in any Certain Cold-Drawn Mechanical Tubing of Carbon currently incomplete segment of the proceeding and Alloy Steel from India: Notice of Court Decision (e.g., an ongoing administrative review, new 4 Only changes to the official company name, Not in Harmony With Final Determination of Sales shipper review, etc.) and entities that lost their rather than trade names, need to be addressed via at Less Than Fair Value; Notice of Amended Final separate rate in the most recently completed a Separate Rate Application. Information regarding Determination Pursuant to Court Decision; and segment of the proceeding in which they new trade names may be submitted via a Separate Notice of Revocation of Antidumping Duty Order, participated. Rate Certification. in Part, 85 FR 31742 (May 27, 2020).

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Duty Absorption Reviews notice of initiation of the review, will Gap Period Liquidation determine whether AD duties have been During any administrative review absorbed by an exporter or producer For the first administrative review of covering all or part of a period falling subject to the review if the subject any order, there will be no assessment between the first and second or third merchandise is sold in the United States of antidumping or countervailing duties and fourth anniversary of the through an importer that is affiliated on entries of subject merchandise publication of an AD order under 19 with such exporter or producer. The entered, or withdrawn from warehouse, CFR 351.211 or a determination under request must include the name(s) of the for consumption during the relevant 19 CFR 351.218(f)(4) to continue an exporter or producer for which the ‘‘gap’’ period of the order (i.e., the order or suspended investigation (after inquiry is requested. period following the expiry of sunset review), Commerce, if requested provisional measures and before by a domestic interested party within 30 definitive measures were put into days of the date of publication of the

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place), if such a gap period is applicable Any party submitting factual Act (19 U.S.C. 1675(a)) and 19 CFR to the POR. information in an AD or CVD 351.221(c)(1)(i). proceeding must certify to the accuracy Administrative Protective Orders and Dated: August 3, 2020. and completeness of that information Letters of Appearance James Maeder, using the formats provided at the end of Deputy Assistant Secretary for Antidumping Interested parties must submit 8 the Final Rule. Commerce intends to and Countervailing Duty Operations. applications for disclosure under reject factual submissions in any [FR Doc. 2020–17205 Filed 8–5–20; 8:45 am] administrative protective orders in proceeding segments if the submitting accordance with the procedures party does not comply with applicable BILLING CODE 3510–DS–P outlined in Commerce’s regulations at certification requirements. 19 CFR 351.305. Those procedures DEPARTMENT OF COMMERCE apply to administrative reviews Extension of Time Limits Regulation included in this notice of initiation. Parties may request an extension of National Oceanic and Atmospheric Parties wishing to participate in any of time limits before a time limit Administration these administrative reviews should established under Part 351 expires, or as ensure that they meet the requirements otherwise specified by Commerce.9 In [RTID 0648–XA335] of these procedures (e.g., the filing of general, an extension request will be Takes of Marine Mammals Incidental to separate letters of appearance as considered untimely if it is filed after Specified Activities; Taking Marine discussed at 19 CFR 351.103(d)). the time limit established under Part Mammals Incidental to Mukilteo 351 expires. For submissions which are Factual Information Requirements Multimodal Construction Project in due from multiple parties Washington State Commerce’s regulations identify five simultaneously, an extension request categories of factual information in 19 will be considered untimely if it is filed AGENCY: National Marine Fisheries CFR 351.102(b)(21), which are after 10:00 a.m. on the due date. Service (NMFS), National Oceanic and summarized as follows: (i) Evidence Examples include, but are not limited Atmospheric Administration (NOAA), submitted in response to questionnaires; to: (1) Case and rebuttal briefs, filed Commerce. (ii) evidence submitted in support of pursuant to 19 CFR 351.309; (2) factual ACTION: Notice; issuance of an incidental allegations; (iii) publicly available information to value factors under 19 harassment authorization. information to value factors under 19 CFR 351.408(c), or to measure the CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR SUMMARY: In accordance with the adequacy of remuneration under 19 CFR 351.511(a)(2), filed pursuant to 19 CFR regulations implementing the Marine 351.511(a)(2); (iv) evidence placed on 351.301(c)(3) and rebuttal, clarification Mammal Protection Act (MMPA) as the record by Commerce; and (v) and correction filed pursuant to 19 CFR amended, notification is hereby given evidence other than factual information 351.301(c)(3)(iv); (3) comments that NMFS has issued an incidental described in (i)–(iv). These regulations concerning the selection of a surrogate harassment authorization (IHA) to the require any party, when submitting country and surrogate values and Washington State Department of factual information, to specify under rebuttal; (4) comments concerning CBP Transportation (WSDOT) to incidentally which subsection of 19 CFR data; and (5) Q&V questionnaires. Under harass, by Level A and Level B 351.102(b)(21) the information is being certain circumstances, Commerce may harassment, marine mammals during submitted and, if the information is elect to specify a different time limit by pile driving and pile removal activities submitted to rebut, clarify, or correct which extension requests will be associated with the Mukilteo factual information already on the considered untimely for submissions Multimodal Construction Project in record, to provide an explanation which are due from multiple parties Washington State. identifying the information already on simultaneously. In such a case, DATES: This authorization is effective the record that the factual information Commerce will inform parties in the from August 1, 2020 through July 31, seeks to rebut, clarify, or correct. The letter or memorandum setting forth the 2021. regulations, at 19 CFR 351.301, also deadline (including a specified time) by FOR FURTHER INFORMATION CONTACT: provide specific time limits for such which extension requests must be filed Shane Guan, Office of Protected factual submissions based on the type of to be considered timely. This policy also Resources, NMFS, (301) 427–8401. factual information being submitted. requires that an extension request must 6 Electronic copies of the application and Please review the Final Rule, available be made in a separate, stand-alone supporting documents, as well as a list at https://enforcement.trade.gov/frn/ submission, and clarifies the of the references cited in this document, 2013/1304frn/2013-08227.txt, prior to circumstances under which Commerce may be obtained online at: https:// submitting factual information in this will grant untimely-filed requests for the www.fisheries.noaa.gov/permit/ segment. Note that Commerce has extension of time limits. Please review incidental-take-authorizations-under- temporarily modified certain of its the Final Rule, available at https:// marine-mammal-protection-act. In case requirements for serving documents www.gpo.gov/fdsys/pkg/FR-2013-09-20/ of problems accessing these documents, containing business proprietary html/2013-22853.htm, prior to please call the contact listed above. information, until further notice.7 submitting factual information in these SUPPLEMENTARY INFORMATION: segments. 6 See Certification of Factual Information To These initiations and this notice are Background Import Administration During Antidumping and in accordance with section 751(a) of the Countervailing Duty Proceedings, 78 FR 42678 (July The MMPA prohibits the ‘‘take’’ of 17, 2013) (Final Rule); see also the frequently asked marine mammals, with certain questions regarding the Final Rule, available at 8 See section 782(b) of the Act; see also Final exceptions. Sections 101(a)(5)(A) and https://enforcement.trade.gov/tlei/notices/factual_ Rule; and the frequently asked questions regarding (D) of the MMPA (16 U.S.C. 1361 et info_final_rule_FAQ_07172013.pdf. the Final Rule, available at https:// 7 See Temporary Rule Modifying AD/CVD Service enforcement.trade.gov/tlei/notices/factual_info_ seq.) direct the Secretary of Commerce Requirements Due to COVID–19, 85 FR 41363 (July final_rule_FAQ_07172013.pdf. (as delegated to NMFS) to allow, upon 10, 2020). 9 See 19 CFR 351.302. request, the incidental, but not

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intentional, taking of small numbers of activity and, therefore, an IHA is bicyclists, and motorists by improving marine mammals by U.S. citizens who appropriate. local traffic and safety at the terminal engage in a specified activity (other than This IHA covers one year of a larger and the surrounding area that serves commercial fishing) within a specified project for which WSDOT obtained these transportation needs. geographical region if certain findings prior IHAs (82 FR 44164; September 21, • Provide a terminal and supporting are made and either regulations are 2017; 83 FR 43849; August 28, 2018; 84 facilities with the infrastructure and issued or, if the taking is limited to FR 39263; August 9, 2019). The larger operating characteristics needed to harassment, a notice of a proposed four-year project involves relocating the improve the safety, security, quality, incidental take authorization may be Mukilteo Ferry Terminal approximately reliability, efficiency, and effectiveness provided to the public for review. one-third of a mile east of the existing of multimodal transportation. terminal. This is expected to be the Authorization for incidental takings • Accommodate future demand fourth and final year of project activity. shall be granted if NMFS finds that the projected for transit, HOV, pedestrian, WSDOT complied with all the taking will have a negligible impact on bicycle, and general-purpose traffic. the species or stock(s) and will not have requirements (e.g., mitigation, an unmitigable adverse impact on the monitoring, and reporting) of the The proposed Mukilteo Multimodal availability of the species or stock(s) for previous IHAs and information Project would involve in-water vibratory taking for subsistence uses (where regarding their monitoring results may pile driving and vibratory pile removal. relevant). Further, NMFS must prescribe be found in the Potential Effects of Details of the proposed construction the permissible methods of taking and Specified Activities on Marine project are provided below. other ‘‘means of effecting the least Mammals and their Habitat section. Dates and Duration practicable adverse impact’’ on the A Federal Register notice for the affected species or stocks and their proposed IHA was published on June Due to NMFS and the U.S. Fish and habitat, paying particular attention to 12, 2020 (85 FR 35906). Wildlife Service (USFWS) in-water work timing restrictions to protect rookeries, mating grounds, and areas of Description of the Proposed Activity similar significance, and on the Endangered Species Act (ESA)-listed availability of the species or stocks for Overview salmonids, planned WSDOT in-water taking for certain subsistence uses The purpose of the Mukilteo construction is limited each year to July (referred to in shorthand as Multimodal Project is to provide safe, 15 through February 15. For this project, ‘‘mitigation’’); and requirements reliable, and effective service and in-water construction is planned to take pertaining to the mitigation, monitoring connection for general-purpose place between August 1, 2020 and and reporting of the takings are set forth. transportation, transit, high occupancy February 15, 2021. The total worst-case The definitions of all applicable vehicles (HOV), pedestrians, and time for pile installation and removal is MMPA statutory terms cited above are bicyclists traveling between Island 54 days (Table 1). included in the relevant sections below. County and the Seattle/Everett Specific Geographic Region metropolitan area and beyond by Summary of Request constructing a new ferry terminal. The The Mukilteo Ferry Terminal is On February 18, 2020, NMFS received current Mukilteo Ferry Terminal has not located in the City of Mukilteo, a request from WSDOT for an IHA to had significant improvements for almost Snohomish County, Washington. The take marine mammals incidental to 30 years and needs key repairs. The terminal is located in Township 28 Mukilteo Multimodal Project in existing facility is deficient in a number North, Range 4 East, Section 3, in Mukilteo, Washington. The application of aspects, such as safety, multimodal Possession Sound. The new terminal was deemed adequate and complete on connectivity, capacity, and the ability to will be approximately 1,700 ft (518 m) April 13, 2020. WSDOT’s request is for support the goals of local and regional east of the existing terminal in take of a small number of 11 species of long-range transportation and Township 28N, Range 4E, Section 33 marine mammals by Level B harassment comprehensive plans. The project is (Figure 1). Land use in the Mukilteo and Level A harassment. Neither intended to: area is a mix of residential, commercial, WSDOT nor NMFS expects serious • Reduce conflicts, congestion, and industrial, and open space and/or injury or mortality to result from this safety concerns for pedestrians, undeveloped lands.

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Detailed Description of Specific Activity sea floor. Four 30 inch steel piles will Details of pile driving activities are The proposed project has two be installed with a vibratory hammer. provided below and are summarized in Table 1. activities involving noise production (3) Existing Terminal Removal that may impact marine mammals: • Vibratory removal of 12-inch timber Vibratory pile removal and vibratory The existing terminal will be removed piles would take 15 minutes per pile, 10 once the new terminal is complete. The piles per day, with 290 piles removed pile driving. 2 existing terminal comprises 8,120 feet over 29 days. (1) Temporary Pile Removal 2 2 2 (ft ) (754 meters (m ) of overwater • cover and contains approximately 290 Vibratory removal of 24-inch steel Sixty-nine temporary 24 inch steel pipe piles would take 15 minutes per piles installed to support work 12-inch diameter timber piles. All timber piles may be removed with a pile, 3 piles removed per day, with 69 platforms will be removed with a piles removed in 23 days. vibratory hammer. vibratory hammer, a clamshell, or pulled directly. Use of the vibratory • Vibratory driving of 30-inch steel (2) Floating Dolphin Piling hammer for timber pile removal is not pipe piles would take 30 minutes per The floating dolphin will be moved the preferred method and it is likely that pile, 2 piles per day, with 4 piles from the current terminal to the new most piles will be removed via direct installed in 2 days. terminal. A combination of anchors pull. However, for purposes of analysis Pile driving or removal will occur in (four) and piles (four) will be used to we assume that all timber piles will be different days. There is no concurrent secure the dolphin anchor chains to the removed using the vibratory hammer. pile driving or pile removing.

TABLE 1—SUMMARY OF IN-WATER PILE DRIVING DURATIONS

Minutes Piles Method Pile size (inch) # piles per pile per day Days

Vibratory Removal ...... 12 (timber) ...... 290 15 10 29 Vibratory Removal ...... 24 (steel) ...... 69 15 3 23

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TABLE 1—SUMMARY OF IN-WATER PILE DRIVING DURATIONS—Continued

Minutes Piles Method Pile size (inch) # piles per pile per day Days

Vibratory Drive ...... 30 (steel) ...... 4 30 2 2

Total ...... 54

Comments and Responses Steller sea lions for the Mukilteo at the suggestion of the Commission at A notice of NMFS’ proposal to issue Multimodal Project. the time when the proposed IHA was an IHA was published in the Federal Finally, WSDOT is aware of the drafted, NMFS later realized that the Register on June 12, 2020 (85 FR 35906). referenced error for the Level A extrapolation of Level B harassment During the 30-day public comment harassment zones that was provided in takes based on simple visual detection period, NMFS received a comment letter its draft marine mammal monitoring of the areas monitored is not from the Marine Mammal Commission plan. WSDOT has since fixed the error scientifically sound for various reasons. (Commission). Specific comments and and provided an updated marine Some of these reasons include, (1) responses are provided below. mammal monitoring plan. visual detection rate vs. distance is a Comment 1: The Commission Comment 2: The Commission complex function that cannot be simply recommends that NMFS (1) include the recommends that NMFS (1) reinforce determined by an ‘‘all or none’’ method; revised Level B harassment zone of 1.6 the fact that WSDOT must comply with distance sampling methods must be kilometer (km) in the Federal Register the various reporting requirements in used to properly extrapolate marine announcing NMFS’ decision regarding the final authorization, including mammal takes in the area, and (2) the IHA request and in Tables 2 and 3 conditions 6(a)(vii) and (xii), (2) ensure marine mammals are not uniformly of the final authorization, (2) include that WSDOT extrapolates the observed distributed in small Level B harassment the revised densities from Navy (2019) numbers of takes to the extents of the zones. While it is appropriate to use in the final notice, (3) revise the Level Level B harassment zones when density information as an average to B harassment takes to 1,322 for harbor estimating the total numbers of takes estimate marine mammal abundance in porpoises, 35 for Dall’s porpoises, 4,989 and by considering both the observation a larger project area, for a much smaller for harbor seals, 2,430 for California sea platform of each protected species area such as a Level B harassment zone lions, and 324 for Steller sea lions in the observer (PSO) and the species for the with a radius at approximately 2 to 8 final notice and in Table 1 of the IHA, 2020 final authorization, and (3) require km, extrapolation from sighting without and (4) ensure WSDOT is aware of the WSDOT to submit a revised monitoring more sophisticated distance sampling correct extents of the Level A report for its 2019–2020 activities, methods is not appropriate. Given the harassment zones. consistent with conditions 6(a)(ix) and small area, the animals sighted could be Response: NMFS reviewed the (xi) in the 2019 final authorization and the only individuals or groups within WSDOT’s noise level measurement the recommendations herein. that area and, therefore, would represent report and agrees that the Level B Response: Conditions 6(a)(vii) and all the animals taken by Level B harassment distance should be 6(a)(xii) in the draft IHA states: harassment. Therefore, NMFS has established at 1.6 km instead of 1.13 km. 6(a)(vii) Distances and bearings of removed condition 6(a)(xii) from the NMFS updated the Level B harassment each marine mammal observed to the final IHA issued to WSDOT. distance in its final IHA. NMFS also pile being driven or removed for each Conditions 6(a)(ix) and (xi) in the revised the marine mammal density sighting (if pile driving or removal was 2019 IHA states: information based on the Navy’s 2019 occurring at time of sighting). 6(a)(ix) Distances and bearings of each database. Therefore, marine mammal 6(a)(xii) An extrapolation of the marine mammal observed to the pile takes were re-calculated accordingly estimated takes by Level B harassment being driven or removed for each using the latest density information or based on the number of observed sighting (if pile driving or removal was based on WSDOT prior year sighting exposures within the Level B occurring at time of sighting). records. Based on the revision, NMFS harassment zone and the percentage of 6(a)(xi) Number of individuals of each agrees to revise the harbor porpoise take the Level B harassment zone that was species (differentiated by month as estimates to 1,322 and Dall’s porpoise to not visible. appropriate) detected within the 35 animals, based on updated density NMFS is reminding WSDOT that it monitoring zone, and estimates of information and group size. However, must comply with condition 6(a)(vii) to number of marine mammals taken, by NMFS does not agree with the include distances and bearing of marine species (a correction factor may be Commission to change the numbers of mammals observed during pile driving applied to total take numbers, as Level B harassment takes of harbor seal, in its final report, as it appears that this appropriate). California sea lion, and Steller sea lion. information was not included in its final NMFS has requested WSDOT to NMFS worked with WSDOT and report for the 2019 season. However, provide information required in the conservatively used the highest daily NMFS does not agree with the 2019 IHA. observation of these species during prior Commission’s recommendation on Comment 3: The Commission states phases of the Mukilteo Multimodal condition 6(a)(xii) regarding that a requirement to conduct pile Project. Takes of these species were extrapolation of estimated takes by driving only in daylight hours is calculated using the daily high Level B harassment based on the necessary to ensure that WSDOT is observation multiplied by the total number of observed exposures within effecting the least practicable adverse number of pile driving days (54 days), the Level B harassment zone and the impact on the species and stocks, which yield total Level B harassment percentage of the Level B harassment particularly Southern Resident killer numbers of 3,888 for harbor seals, 2,620 zone that was not visible. Although this whales, and recommends that NMFS for California sea lions, and 108 for condition was included in the draft IHA include in the final authorization the

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requirement that WSDOT conduct pile- calculations for these species were website (https:// driving and removal activities during revised based on the updated marine www.fisheries.noaa.gov/find-species). daylight hours only. mammal density information. After Table 2 lists all species or stocks for Response: WSDOT has indicated that further examining the noise which take is expected and authorized all pile driving and removal activities measurements of the Level B to be taken for this action, and will be conducted during daylight hours harassment distance from vibratory pile summarizes information related to the only. NMFS has included this condition removal of 12-inch timber pile, the population or stock, including in the final IHA issued to WSDOT. distance where underwater pile driving Comment 4: The Commission regulatory status under the MMPA and noise cannot be detected for all species ESA and potential biological removal recommends that NMFS ensure that should be at 1.61 km, not 1.13 km at WSDOT keep a running tally of the total (PBR), where known. For taxonomy, we stated in the proposed IHA. Therefore follow Committee on Taxonomy (2019). takes, based on observed and the Level B harassment distance is extrapolated takes, for Level B PBR is defined by the MMPA as the changed to 1.61 km, and the ensonified maximum number of animals, not harassment consistent with condition area was updated to 3.9 km2. Potential 4(h) of the final authorization including natural mortalities, that may Level B harassment takes of marine be removed from a marine mammal Response: We agree that WSDOT mammals associated with the new stock while allowing that stock to reach must ensure they do not exceed distance were re-calculated. However, or maintain its optimum sustainable authorized takes but do not concur with these changes in take numbers based on population (as described in NMFS’s the recommendation. NMFS is not revised density and Level B harassment SARs). While no mortality is anticipated responsible for ensuring that WSDOT zone do not change our impact or authorized here, PBR and annual does not operate in violation of an assessment to marine mammals from serious injury and mortality from issued IHA. incidental takes by WSDOT’s Mukilteo Comment 5: Commission anthropogenic sources are included here Multimodal project. recommends that NMFS refrain from as gross indicators of the status of the In addition, the final IHA removed issuing renewals for any authorization species and other threats. and instead use its abbreviated Federal condition 6(a)(xii) from the draft IHA, which would require WSDOT to Marine mammal abundance estimates Register notice process, which is presented in this document represent similarly expeditious and fulfills extrapolate Level B harassment takes from visual observation. The reason for the total number of individuals that NMFS’s intent to maximize efficiencies. make up a given stock or the total Response: NMFS does not agree with the removal is stated in Response to number estimated within a particular the Commission and, therefore, does not Comment 2. adopt the Commission’s study or survey area. NMFS’s stock Description of Marine Mammals in the abundance estimates for all species recommendation. On July 22, 2020, Area of Specified Activities NMFS provided a detailed explanation represent the total estimate of of its reasons for (in part) not following Sections 3 and 4 of the application individuals within the geographic area, the Commission’s recommendations summarize available information if known, that comprises that stock. All regarding renewals, as required by regarding status and trends, distribution managed stocks in this region are section 202(d) of the MMPA. and habitat preferences, and behavior assessed in NMFS’s U.S Pacific and and life history, of the potentially Alaska SARs (e.g., Carretta et al., 2020; Changes From the Proposed IHA to affected species. Additional information Muto et al., 2020). All values presented Final IHA regarding population trends and threats in Table 2 are the most recent available There is no change in the WSDOT’s may be found in NMFS’s Stock at the time of publication and are Mukilteo Multimodal construction Assessment Reports (SARs; https:// available in the 2018 SARs (Carretta et activities from the Federal Register www.fisheries.noaa.gov/national/ al., 2019; Muto et al., 2019) and draft notice for the proposed IHA (85 FR marine-mammal-protection/marine- 2019 SARs (available online at: https:// 35906; June 12, 2020). Some of the mammal-stock-assessments) and more www.fisheries.noaa.gov/national/ marine mammal density information general information about these species marine-mammal-protection/draft- was updated based on the latest density (e.g., physical and behavioral marine-mammal-stock-assessment- information (Navy 2019). Take descriptions) may be found on NMFS’s reports). TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROPOSED PROJECT AREA

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 Strategic abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae:. Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... N 26,960 (0.05, 25,849) ...... 801 139 Family Balaenopteridae (rorquals):. Humpback whale ...... Megaptera novaeangliae ...... California/Oregon/Washington Y 2,900 (0.05, 2,784) ...... 16.7 unk Minke whale ...... Balaenoptera acutorostrata ... California/Oregon/Washington N 636 (0.72, 369) ...... 3.5 1.3

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae: Killer whale ...... Orcinus orca ...... Eastern North Pacific South- Y 75 (NA, 75) ...... 0 0 ern Resident. West coast transient ...... N 243 (NA, 243) ...... 2.4 0 Bottlenose dolphin ...... Tursiops truncatus ...... California/Oregon/Washington N 1,924 (0.54, 1,255) ...... 11 1.6 offshore.

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TABLE 2—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROPOSED PROJECT AREA—Continued

ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR min M/SI 3 Strategic abundance survey) 2 (Y/N) 1

Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... Washington inland waters ..... N 11,233 (0.37, 8,308) ...... 66 7.2 Dall’s porpoise ...... P. dalli ...... California/Oregon/Washington N 25,750 (0.45, 17,954) ...... 172 0.3

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): California sea lion ...... Zalophus californianus ...... U.S...... N 257,606 (NA, 233,515) ...... 14,011 321 Steller sea lion ...... Eumetopias jubatus ...... Eastern U.S...... N 43,201 (NA, 43,201) ...... 2,592 113 Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina ...... Washington northern inland N 11,036 4 ...... NA 10.6 waters. Northern elephant seal ... Mirounga angustirostris ...... California breeding ...... N 179,000(NA, 81,368) ...... 4,882 8.8 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). 4 Harbor seal estimate is based on data that are greater than 8 years old, but this is the best available information for use here.

As indicated above, all 11 species information available, so we do not behavioral response data, audiograms (with 12 managed stocks) in Table 2 repeat it here but provide a summary derived using auditory evoked potential temporally and spatially co-occur with table with marine mammal species and techniques, anatomical modeling, and the activity to the degree that take is stock details (Table 2). other data. Note that no direct reasonably likely to occur, and we have Marine Mammal Hearing measurements of hearing ability have authorized it, with the exception of the been successfully completed for Hearing is the most important sensory Southern Resident killer whale. Take of mysticetes (i.e., low-frequency modality for marine mammals Southern Resident killer whale can be cetaceans). Subsequently, NMFS (2018) underwater, and exposure to avoided by implementing strict described generalized hearing ranges for monitoring and mitigation measures anthropogenic sound can have these marine mammal hearing groups. (see Mitigation and Monitoring and deleterious effects. To appropriately Generalized hearing ranges were chosen Reporting sections below). assess the potential effects of exposure In addition, the sea otter may be to sound, it is necessary to understand based on the approximately 65 decibel found in inland waters of Washington. the frequency ranges marine mammals (dB) threshold from the normalized However, this species is managed by the are able to hear. Current data indicate composite audiograms, with the USFWS and is not considered further in that not all marine mammal species exception for lower limits for low- this document. have equal hearing capabilities (e.g., frequency cetaceans where the lower A detailed description of the marine Richardson et al., 1995; Wartzok and bound was deemed to be biologically mammals in the area of the activities is Ketten, 1999; Au and Hastings, 2008). implausible and the lower bound from found in the notice of proposed IHA for To reflect this, Southall et al. (2007) Southall et al. (2007) retained. Marine WSDOT’s Season 3 Mukilteo recommended that marine mammals be mammal hearing groups and their Multimodal construction project (83 FR divided into functional hearing groups associated hearing ranges are provided 30421, June 28, 2018). This information based on directly measured or estimated in Table 3. remains valid, as there is no new hearing ranges on the basis of available

TABLE 3—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]

Hearing group Generalized hearing range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) .. 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, 275 Hz to 160 kHz. Lagenorhynchus cruciger & L. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).

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The pinniped functional hearing Harassment is the only type of take harassment) or to incur permanent group was modified from Southall et al. expected to result from these activities. threshold shift (PTS) of some degree (2007) on the basis of data indicating Except with respect to certain activities (equated to Level A harassment). that phocid species have consistently not pertinent here, section 3(18) of the Level B Harassment for non-explosive demonstrated an extended frequency MMPA defines ‘‘harassment’’ as any act sources—Though significantly driven by range of hearing compared to otariids, of pursuit, torment, or annoyance, received level, the onset of behavioral especially in the higher frequency range which (i) has the potential to injure a disturbance from anthropogenic noise ¨ (Hemila et al., 2006; Kastelein et al., marine mammal or marine mammal exposure is also informed to varying 2009; Reichmuth and Holt, 2013). stock in the wild (Level A harassment); degrees by other factors related to the For more detail concerning these or (ii) has the potential to disturb a groups and associated frequency ranges, source (e.g., frequency, predictability, marine mammal or marine mammal duty cycle), the environment (e.g., please see NMFS (2018) for a review of stock in the wild by causing disruption available information. Eleven marine bathymetry), and the receiving animals of behavioral patterns, including, but (hearing, motivation, experience, mammal species (seven cetacean and not limited to, migration, breathing, four pinniped (two otariid and two demography, behavioral context) and nursing, breeding, feeding, or sheltering can be difficult to predict (Southall et phocid) species) have the reasonable (Level B harassment). al., 2007, Ellison et al., 2012). Based on potential to co-occur with the proposed Authorized takes would be by Level B what the available science indicates and construction activities. Please refer to harassment only, in the form of the practical need to use a threshold Table 2. Of the cetacean species that disruption of behavioral patterns for based on a factor that is both predictable may be present, three are classified as individual marine mammals resulting and measurable for most activities, low-frequency cetaceans (i.e., all from exposure to vibratory pile driving NMFS uses a generalized acoustic mysticete species), two are classified as and pile removal. Based on the nature threshold based on received level to mid-frequency cetaceans (i.e., all of the activity and the anticipated estimate the onset of behavioral delphinid species), and two are effectiveness of the mitigation measures harassment. NMFS predicts that marine classified as high-frequency cetaceans (i.e., shutting down pile driving or (i.e., porpoise species). removal activities when a marine mammals are likely to be behaviorally mammal is observed to approach the harassed in a manner we consider Level Potential Effects of Specified Activities B harassment when exposed to on Marine Mammals and Their Habitat injury zone)—discussed in detail below in Mitigation section, Level A underwater anthropogenic noise above This section includes a summary and harassment is neither anticipated nor received levels of 120 dB re 1 mPa (rms) discussion of the ways that components authorized. for continuous (e.g., vibratory pile- of the specified activity may impact As described previously, no mortality driving, drilling) and above 160 dB re 1 marine mammals and their habitat. The is anticipated or authorized for this mPa (rms) for non-explosive impulsive Estimated Take section later in this activity. Below we describe how the (e.g., seismic airguns) or intermittent document includes a quantitative (e.g., scientific sonar) sources. analysis of the number of individuals take is estimated. WSDOT’s Mukilteo Ferry Terminal that are expected to be taken by this Generally speaking, we estimate take activity. The Negligible Impact Analysis by considering: (1) Acoustic thresholds Year 4 construction project includes the and Determination section considers the above which NMFS believes the best use vibratory pile driving and pile content of this section, the Estimated available science indicates marine removal, and therefore the 120 dB re 1 Take section, and the Mitigation section, mammals will be behaviorally harassed mPa (rms) is applicable. to draw conclusions regarding the likely or incur some degree of permanent Level A harassment for non-explosive impacts of these activities on the hearing impairment; (2) the area or sources—NMFS’ Technical Guidance reproductive success or survivorship of volume of water that will be ensonified for Assessing the Effects of individuals and how those impacts on above these levels in a day; (3) the Anthropogenic Sound on Marine individuals are likely to impact marine density or occurrence of marine Mammal Hearing (Version 2.0) mammal species or stocks. mammals within these ensonified areas; (Technical Guidance, 2018) identifies The WSDOT’s Mukilteo Multimodal and, (4) and the number of days of dual criteria to assess auditory injury construction work using in-water pile activities. We note that while these (Level A harassment) to five different driving and pile removal could basic factors can contribute to a basic marine mammal groups (based on adversely affect marine mammal species calculation to provide an initial hearing sensitivity) as a result of and stocks by exposing them to elevated prediction of takes, additional exposure to noise from two different noise levels in the vicinity of the information that can qualitatively types of sources (impulsive or non- inform take estimates is also sometimes activity area. impulsive). WSDOT’s Mukilteo Ferry available (e.g., previous monitoring A detailed description on the noise Terminal Year 4 construction project results or average group size). Below, we impacts on marine mammals and their includes the use non-impulsive describe the factors considered here in habitat is provided in the Federal (vibratory pile driving) sources. Register notice (85 FR 35906; June 12, more detail and present the take 2020) for the proposed IHA, and is not estimate. These thresholds are provided in the repeated here. table below. The references, analysis, Acoustic Thresholds and methodology used in the Estimated Take Using the best available science, development of the thresholds are This section provides an estimate of NMFS has developed acoustic described in NMFS 2018 Technical the number of incidental takes that are thresholds that identify the received Guidance, which may be accessed at authorized through this IHA, which will level of underwater sound above which https://www.fisheries.noaa.gov/ inform both NMFS’ consideration of exposed marine mammals would be national/marine-mammal-protection/ ‘‘small numbers’’ and the negligible reasonably expected to be behaviorally marine-mammal-acoustic-technical- impact determination. harassed (equated to Level B guidance.

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TABLE 4—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 1:Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area Source Levels and removal activities are all based on Here, we describe operational and The project includes vibratory pile prior measurements conducted by environmental parameters of the activity removal of 12-inch timber piles and 24- WSDOT. A summary of the 10-m near that will feed into identifying the area inch steel piles, and vibratory pile source levels of the pile driving and ensonified above the acoustic driving of 30-inch steel piles. Near removal activities is provided in Table thresholds, which include source levels source levels (defined as noise level at 5, along with references. and transmission loss coefficient. 10-m from the pile) of these pile driving

TABLE 5—NEAR SOURCE NOISE LEVELS AT 10-m FROM THE PILE FOR VARIOUS PILE DRIVING AND REMOVAL AT MUKILTEO FERRY TERMINAL YEAR 4 PROJECT

Source level Activity/pile size (dB RMS SPL Literature source at 10m)

Vibratory removal of 12-inch timber pile ...... 153 WSDOT Port Townsend measurement (2011). Vibratory removal of 24-inch steel pile ...... 166 WSDOT Manette Bridge measurement (2010). Vibratory driving of 30-inch steel pile ...... 170 WSDOT Manette Bridge measurement (2010).

Level A Harassment Distances and modeling methods are not available, and harassment zones from vibratory Areas NMFS continues to develop ways to removal of 12-inch diameter timber quantitatively refine these tools, and piles, and vibratory driving of 30-inch Distances to Level A harassment will qualitatively address the output diameter steel piles at the Mukilteo thresholds were estimated using the where appropriate. For stationary Ferry Terminal. For removal of 12-inch NMFS User Spreadsheet. When the sources such as vibratory pile driving timber piles, the measurement results NMFS Technical Guidance (2016) was and pile removal, NMFS User show that underwater noise cannot be published, in recognition of the fact that Spreadsheet predicts the distance at detected at a distance of 1.6 km/1 mile ensonified area/volume could be more which, if a marine mammal remained at (Laughlin 2015). For driving of 30-inch technically challenging to predict that distance the whole duration of the steel piles, the sound source verification because of the duration component in activity, it would incur PTS. (SSV) results show that underwater the new thresholds, we developed a A summary of the calculated Level A noise cannot be detected at a distance of User Spreadsheet that includes tools to harassment distances and areas is 7.9 km/4.9 miles) (Laughlin 2017). help predict a simple isopleth that can presented in Table 6. No far distance measurement for 24- be used in conjunction with marine inch piles has been conducted at the mammal density or occurrence to help Level B Harassment Distances and Areas Mukilteo project site to establish the predict takes. We note that because of Level B harassment distances from all Level B harassment zone. For 24-inch some of the assumptions included in the pile driving and pile removal activities piles, the practical spreading model methods used for these tools, we were based on in situ measurements results in a Level B harassment distance anticipate that isopleths produced are conducted by WSDOT on the same or of 10 km/6.2 miles for the source level typically going to be overestimates of similar piles at Mukilteo Ferry Terminal of 166 dBrms (root-mean-square decibel some degree, which may result in some in the early phases of this project. level). However, given that this source degree of overestimate of Level A Specifically, the following measurement level is less than the 170 dBrms source harassment take. However, these tools data were used. level for the 30-inch piles, it is assumed offer the best way to predict appropriate WSDOT has conducted in situ that the size of Level B harassment zone isopleths when more sophisticated 3D measurements of the Level B for 24-inch pile removal will be the

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same as for the driving of 30-inch piles eliminate land masses and other steel piles) and associated areas, and (7.9 km/4.9 miles). obstacles that block sound propagation. modeled Level A harassment distances, The Level B harassment areas were A summary of the measured Level B is presented in Table 6. estimated by WSDOT using geographic harassment distances (and assumed information system (GIS) tools to Level B harassment distance for 30-in

TABLE 6—LEVEL A AND LEVEL B HARASSMENT DISTANCES AND AREAS

Level A harassment distance Level B (m)/area (km2) harassment Source distance LF cetaceans MF cetaceans HF cetaceans Phocids Otariids (m)/area (km2)

Vibratory removal 12 inch timber pile ...... 3.7/0.0 0.3/0.0 5.4/0.0 2.2/0.0 0.2/0.0 1,610/3.9 Vibratory removal 24 inch steel pile ...... 12.1/0.0 1.1/0.0 18.0/0.0 7.4/0.0 0.5/0.0 7,900/66 Vibratory drive 30 inch steel pile ... 27.2/0.0 2.4/0.0 40.2/0.0 16.5/0.0 1.2/0.0 7,900/66

Marine Mammal Occurrence For species with no density data (e.g., individuals was sighted in South Puget In this section we provide the bottlenose dolphin) or species with very Sound (EPS, 2018). It is assumed that information about the presence, density, low density but observations were made this group is still present in the area. or group dynamics of marine mammals at the project location which may Given how rare bottlenose dolphins are that will inform the take calculations. indicate more animals could be present in the area, it is unlikely they would be Marine mammal occurrence are based (e.g., humpback whale, West Coast present on a daily basis. Instead it is ass- on the U.S. Navy Marine Species transient killer whale, and northern umed that one group size of seven Density Database (U.S. Navy, 2019) and elephant seal), adjustments were made animals may be present in the Level B on WSDOT marine mammal monitoring to estimate the take numbers. Specific harassment zone once a month during efforts during prior years of construction adjustments for calculating take the in-water work window (7 months), work at Mukilteo Ferry Terminal. A numbers for these species are provided or 49 incidents of take. • summary of the marine mammal density below. Dall’s porpoise—No Dall’s porpoise is provided in Table 7. • Northern elephant seal—During the were observed during previous WSDOT Mukilteo project, individuals have been marine mammal monitoring. However, TABLE 7—MARINE MAMMAL DENSITY observed on two occasions. they are known to occur in the inland IN THE WSDOT MUKILTEO Observations have been of single waters of Puget Sound in the project MULTIMODAL PROJECT AREA individuals, not groups. It is assumed area. Take number of this species is that one individual may be present in assessed by assuming taking of one the Level B harassment zone once a group per month with an average group Marine mammals Density (animals/km2) month during the in-water work size of five animals for 7 months. Thus window (7 months), or seven incidents the total Level B harassment take of Gray whale ...... 0.0048 of take. Dall’s porpoise is estimated to be 35 Humpback whale ...... 0.00074 • Humpback whale—During the animals. Minke whale ...... 0.00045 • Harbor seal—The harbor seal take Killer whale (West Coast Mukilteo project, individuals have been transient) ...... 0.005141 observed on two occasions. estimate is based on WSDOT marine Bottlenose dolphin ...... NA Observations have been of single mammal observations in prior years at Harbor porpoise ...... 0.75 individuals, not groups. It is assumed Mukilteo. For the Mukilteo Project from Dall’s porpoise ...... 0.00045 that one individual may be present in August 2015 to January 2020, there have Harbor seal ...... 2.83 the Level B harassment zone once a been 134 days of monitoring and 3,130 Northern elephant seal ... 0.0000 month during the in-water work harbor seals observed, an average of 24/ California sea lion ...... 0.2211 window (7 months), or seven incidents day. From September 2017 to February Steller sea lion ...... 0.0478 of take. 2018, WSDOT conducted marine • West Coast transient killer whale— mammal monitoring during Year Two of Take Calculation and Estimation take is based on maximum group size the Mukilteo Multimodal Project. Here we describe how the information observed during the project. Groups of During 51 days of monitoring, 1,703 provided above is brought together to 8 individuals have been observed on harbor seals were observed within the produce a quantitative take estimate. two occasions. It is assumed that one Level B harassment zones, with a one- For most species, take numbers were group of eight animals may be present day high of 72 individuals on October calculated using the information in the Level B harassment zone once a 24, 2017 (WSDOT 2018). The daily high aggregated in the Navy density database month during the in-water work number of 72 animals per day was used (U.S. Navy, 2019). Where a low to high window (7 months), or 56 incidents of to calculate potential takes during the range of densities is given for a species, take. 54-day project season, which yields a the more conservative high density was • Bottlenose dolphin—The bottlenose total of 3,888 Level B harassment takes. used. In these cases, take numbers were dolphin take estimate is based on • California sea lion—For the calculated as: sightings data from Cascadia Research Mukilteo Project from August 2015 to Total Take = marine mammal density × Collective. Between September 2017 January 2020, there have been 134 days ensonified area × pile driving days and March 2018, a group of up to seven of monitoring and 1,716 California sea

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lions observed, an average of 13 calculate potential takes during the 54- still in construction). During 32 days of observed per day. From August to day project season, which yields a total monitoring, 18 Steller sea lions were November 2015, WSF conducted marine of 1,620 Level B harassment takes. observed within the ZOIs, with a one- mammal monitoring during tank farm • Steller sea lion—For the Mukilteo day high of two individuals on October pier removal at the Mukilteo Project from August 2015 to January 21, 2019 (WSDOT 2020). The highest Multimodal Project. During 51 days of 2020, there have been 134 days of number of two animals per day was monitoring, 345 California sea lions monitoring and 26 Steller sea lions used to calculate potential takes during were observed within the Level B observed, an average of 0.20 observed the 54-day project season, which yields harassment zone, with a one-day high of per day. From October 2019 to January a total of 108 Level B harassment takes. 30 individuals on October 22, 2015 2020, WSF conducted marine mammal (WSDOT 2016). The highest number of monitoring during Year Three of the A summary of estimated marine 30 animals per day was used to Mukilteo Multimodal Project (which is mammal takes is listed in Table 8.

TABLE 8—ESTIMATED NUMBERS OF MARINE MAMMALS THAT MAY BE EXPOSED TO RECEIVED NOISE LEVELS THAT CAUSE LEVEL B HARASSMENT

Estimated Marine mammals Level B Abundance Percentage harassment (%)

Gray whale ...... 9 26,906 0 Humpback whale ...... 7 2,900 0 Minke whale ...... 3 636 0 Killer whale (West Coast transient) ...... 56 243 23 Bottlenose dolphin ...... 49 1924 3 Harbor porpoise ...... 1,322 11,233 12 Dall’s porpoise ...... 35 25,750 0 Harbor seal ...... 3,888 11,036 35 Northern elephant seal ...... 7 179,000 0 California sea lion ...... 1,620 257,606 1 Steller sea lion ...... 108 43,201 0

Mitigation mammals, marine mammal species or vibratory pile driving and pile removal, In order to issue an IHA under section stocks, and their habitat. This considers WSDOT shall establish Level A 101(a)(5)(D) of the MMPA, NMFS must the nature of the potential adverse harassment zones where received set forth the permissible methods of impact being mitigated (likelihood, underwater SPLs or SELcum (cumulative taking pursuant to the activity, and scope, range). It further considers the sound exposure level) could cause PTS. other means of effecting the least likelihood that the measure will be WSDOT shall also establish Level B practicable impact on the species or effective if implemented (probability of harassment zones where received stock and its habitat, paying particular accomplishing the mitigating result if underwater SPLs are higher than 120 implemented as planned), the attention to rookeries, mating grounds, dBrms re 1 mPa for continuous noise and areas of similar significance, and on likelihood of effective implementation sources (vibratory pile driving and pile (probability implemented as planned), the availability of the species or stock removal). and; for taking for certain subsistence uses (2) The practicability of the measures WSDOT shall establish a 50 m (latter not applicable for this action). for applicant implementation, which exclusion zone for all in-water pile NMFS regulations require applicants for may consider such things as cost, driving for cetaceans except Southern incidental take authorizations to include impact on operations, and, in the case Resident killer whale and a 20 m information about the availability and of a military readiness activity, exclusion zone for all in-water pile feasibility (economic and technological) personnel safety, practicality of driving for pinnipeds. These zones of equipment, methods, and manner of implementation, and impact on the encompass all estimated Level A conducting the activity or other means effectiveness of the military readiness harassment zones. of effecting the least practicable adverse activity. impact upon the affected species or WSDOT shall establish exclusion stocks and their habitat (50 CFR Time Restriction zones for Southern Resident killer 216.104(a)(11)). whale and all marine mammals for Work would occur only during which takes are not authorized at the In evaluating how mitigation may or daylight hours, when visual monitoring may not be appropriate to ensure the Level B harassment distances. of marine mammals can be conducted. Specifically, for vibratory pile removal least practicable adverse impact on In addition, all in-water construction of 12-inch timber piles, a 1.6 km species or stocks and their habitat, as will be limited to the period between exclusion zone shall be established. For well as subsistence uses where August 1, 2020, and February 15, 2021. applicable, we carefully consider two vibratory pile removal of 24-inch steel primary factors: Establishing and Monitoring Level A, piles and vibratory pile driving of 30- (1) The manner in which, and the Level B Harassment Zones, and inch steel piles, a 7.9 km exclusion zone degree to which, the successful Exclusion Zones shall be established. implementation of the measure(s) is Before the commencement of in-water A summary of exclusion zones is expected to reduce impacts to marine construction activities, which include provided in Table 9.

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TABLE 9—EXCLUSION ZONES (m) FOR VARIOUS MARINE MAMMALS

Cetaceans Activities except Pinnipeds SRKW SRKW *

Vibratory pile removal, 12-inch timber pile ...... 50 20 1,600 Vibratory pile removal, 24-inch steel pile or vibratory pile driving, 30-inch steel pile ...... 50 20 7,900 * SRKW = Southern Resident killer whale.

NMFS-approved PSOs shall conduct animal, to avoid further Level B effecting the least practicable impact on an initial survey of the exclusion zones harassment. the affected species or stocks and their to ensure that no marine mammals are Further, WSDOT shall implement habitat, paying particular attention to seen within the zones beginning 30 shutdown measures if the number of rookeries, mating grounds, and areas of minutes before pile driving and pile authorized takes for any particular similar significance. removal of a pile segment begins. If species reaches the limit under the IHA Monitoring and Reporting marine mammals are found within the and if such marine mammals are sighted exclusion zone, pile driving of the within the vicinity of the project area In order to issue an IHA for an segment would be delayed until they and are approaching the Level B activity, section 101(a)(5)(D) of the move out of the area. If a marine harassment zone during in-water MMPA states that NMFS must set forth mammal is seen above water and then construction activities. requirements pertaining to the dives below, the contractor would wait Coordination With Local Marine monitoring and reporting of such taking. 15 minutes. If no marine mammals are Mammal Research Network The MMPA implementing regulations at seen by the observer in that time it can 50 CFR 216.104(a)(13) indicate that be assumed that the animal has moved Prior to the start of pile driving for the requests for authorizations must include beyond the exclusion zone. day, the Orca Network and/or Center for the suggested means of accomplishing If pile driving of a segment ceases for Whale Research will be contacted by the necessary monitoring and reporting 30 minutes or more and a marine WSDOT to find out the location of the that will result in increased knowledge mammal is sighted within the nearest marine mammal sightings. The of the species and of the level of taking designated exclusion zone prior to Local Marine Mammal Research or impacts on populations of marine commencement of pile driving, the Network consists of a list of over 600 mammals that are expected to be observer(s) must notify the pile driving (and growing) residents, scientists, and present in the proposed action area. operator (or other authorized government agency personnel in the Effective reporting is critical both to individual) immediately and continue U.S. and Canada. Sightings are called or compliance as well as ensuring that the to monitor the exclusion zone. emailed into the Orca Network and most value is obtained from the required Operations may not resume until the immediately distributed to other monitoring. marine mammal has exited the sighting networks including: The NMFS Monitoring and reporting exclusion zone or 15 minutes have Northwest Fisheries Science Center, the requirements prescribed by NMFS elapsed since the last sighting. Center for Whale Research, Cascadia should contribute to improved Research, the Whale Museum Hotline understanding of one or more of the Shutdown Measures and the British Columbia Sightings following: Network. WSDOT shall implement shutdown • Occurrence of marine mammal Sightings information collected by the measures if a marine mammal is species or stocks in the area in which Orca Network includes detection by detected within or entering an exclusion take is anticipated (e.g., presence, hydrophone. The SeaSound Remote zone listed in Table 9. abundance, distribution, density). Sensing Network is a system of • WSDOT shall also implement interconnected hydrophones installed Nature, scope, or context of likely shutdown measures if Southern in the marine environment of Haro marine mammal exposure to potential Resident killer whales are sighted Strait (west side of San Juan Island) to stressors/impacts (individual or within the vicinity of the project area study orca communication, in-water cumulative, acute or chronic), through and are approaching the Level B noise, bottom fish ecology and local better understanding of: (1) Action or harassment zone during in-water climatic conditions. A hydrophone at environment (e.g., source construction activities. the Port Townsend Marine Science characterization, propagation, ambient If a killer whale approaches the Level Center measures average in-water sound noise); (2) affected species (e.g., life B harassment zone during pile driving levels and automatically detects history, dive patterns); (3) co-occurrence or removal, and it is unknown whether unusual sounds. These passive acoustic of marine mammal species with the it is a Southern Resident killer whale or devices allow researchers to hear when action; or (4) biological or behavioral a transient killer whale, it shall be different marine mammals come into context of exposure (e.g., age, calving or assumed to be a Southern Resident the region. This acoustic network, feeding areas). killer whale and WSDOT shall combined with the volunteer • Individual marine mammal implement the shutdown measure. (incidental) visual sighting network responses (behavioral or physiological) If a Southern Resident killer whale or allows researchers to document to acoustic stressors (acute, chronic, or an unidentified killer whale enters the presence and location of various marine cumulative), other stressors, or Level B harassment zone undetected, in- mammal species. cumulative impacts from multiple water pile driving or pile removal shall Based on our evaluation of the stressors. be suspended until the whale exits the applicant’s proposed measures, NMFS • How anticipated responses to Level B harassment zone, or 15 minutes has determined that the prescribed stressors impact either: (1) Long-term have elapsed with no sighting of the mitigation measures provide the means fitness and survival of individual

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marine mammals; or (2) populations, Reporting Measures an injured or dead marine mammal, species, or stocks. WSDOT shall report the incident to the • WSDOT is required to submit a draft Effects on marine mammal habitat report on all marine mammal Office of Protected Resources (301–427– (e.g., marine mammal prey species, monitoring conducted under the IHA (if 8401), NMFS and to the West Coast acoustic habitat, or other important issued) within 90 calendar days of the Region (WCR) regional stranding physical components of marine completion of the project. A final report coordinator (1–866–767–6114) as soon mammal habitat). as feasible. If the death or injury was • shall be prepared and submitted within Mitigation and monitoring 30 days following resolution of clearly caused by the specified activity, effectiveness. comments on the draft report from WSDOT must immediately cease the Monitoring Measures NMFS. specified activities until NMFS is able The marine mammal report must to review the circumstances of the WSDOT shall employ NMFS- contain the informational elements incident and determine what, if any, approved PSOs to conduct marine described in the Marine Mammal additional measures are appropriate to mammal monitoring for its Mukilteo Monitoring Plan, dated February 18, ensure compliance with the terms of the Multimodal Project. The PSOs will 2020, including, but not limited to: IHA. WSDOT must not resume their observe and collect data on marine 1. Dates and times (begin and end) of activities until notified by NMFS. mammals in and around the project area all marine mammal monitoring. The report must include the following for 30 minutes before, during, and for 30 2. Construction activities occurring information: minutes after all pile removal and pile during each daily observation period, 1. Time, date, and location (latitude/ installation work. NMFS-approved including how many and what type of longitude) of the first discovery (and PSOs shall meet the following piles were driven or removed. updated location information if known requirements: 3. Weather parameters and water and applicable); 1. Independent observers (i.e., not conditions during each monitoring 2. Species identification (if known) or construction personnel) are required; period (e.g., wind speed, percent cover, description of the animal(s) involved; 2. At least one observer must have visibility, sea state). 3. Condition of the animal(s) prior experience working as an observer; 4. The number of marine mammals (including carcass condition if the 3. Other observers may substitute observed, by species, relative to the pile animal is dead); education (undergraduate degree in location and if pile driving or removal 4. Observed behaviors of the biological science or related field) or was occurring at time of sighting. animal(s), if alive; training for experience; 5. Age and sex class, if possible, of all 5. If available, photographs or video 4. Where a team of three or more marine mammals observed. footage of the animal(s); and observers are required, one observer 6. PSO locations during marine 6. General circumstances under which should be designated as lead observer or mammal monitoring. the animal was discovered. monitoring coordinator. The lead 7. Distances and bearings of each Negligible Impact Analysis and observer must have prior experience marine mammal observed to the pile Determination working as an observer; and being driven or removed for each NMFS has defined negligible impact 5. NMFS will require submission and sighting (if pile driving or removal was as an impact resulting from the approval of observer Curriculum vitaes. occurring at time of sighting). Monitoring of marine mammals 8. Description of any marine mammal specified activity that cannot be around the construction site shall be behavior patterns during observation, reasonably expected to, and is not conducted using high-quality binoculars including direction of travel and reasonably likely to, adversely affect the (e.g., Zeiss, 10 x 42 power). Due to the estimated time spent within the Level B species or stock through effects on different sizes of Level B harassment harassment zones while the source was annual rates of recruitment or survival distances from different pile sizes, active. (50 CFR 216.103). A negligible impact several different Level B harassment 9. Number of individuals of each finding is based on the lack of likely zones and different monitoring species (differentiated by month as adverse effects on annual rates of protocols corresponding to a specific appropriate) detected within the recruitment or survival (i.e., population- pile size will be established. monitoring zone, and estimates of level effects). An estimate of the number • During 12-inch vibratory timber number of marine mammals taken, by of takes alone is not enough information pile removal, two land-based PSOs will species (a correction factor may be on which to base an impact monitor from the lighthouse and the applied to total take numbers, as determination. In addition to new ferry terminal observation deck. appropriate). considering estimates of the number of • During 24- and 30-inch steel 10. Detailed information about any marine mammals that might be ‘‘taken’’ vibratory driving/removal, three land- implementation of any mitigation through harassment, NMFS considers based and one ferry-based PSO will triggered (e.g., shutdowns and delays), a other factors, such as the likely nature monitor the zones. description of specific actions that of any responses (e.g., intensity, Locations of the land-based PSOs and ensued, and resulting behavior of the duration), the context of any responses routes of monitoring vessels are shown animal, if any. (e.g., critical reproductive time or in WSDOT’s Marine Mammal 11. Description of attempts to location, migration), as well as effects Monitoring Plan, which is available distinguish between the number of on habitat, and the likely effectiveness online at https:// individual animals taken and the of the mitigation. We also assess the www.fisheries.noaa.gov/permit/ number of incidences of take, such as number, intensity, and context of incidental-take-authorizations-under- ability to track groups or individuals. estimated takes by evaluating this marine-mammal-protection-act. 12. Submit all PSO datasheets and/or information relative to population To verify the required monitoring raw sighting data (in a separate file from status. Consistent with the 1989 distance, the exclusion zones and zones the Final Report referenced immediately preamble for NMFS’s implementing of influence will be determined by using above). regulations (54 FR 40338; September 29, a range finder or hand-held global In the event that personnel involved 1989), the impacts from other past and positioning system device. in the construction activities discover ongoing anthropogenic activities are

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incorporated into this analysis via their Mammals and their Habitat section. under sections 101(a)(5)(A) and (D) of impacts on the environmental baseline There is no other ESA designated the MMPA for specified activities other (e.g., as reflected in the regulatory status critical habitat in the vicinity of the than military readiness activities. The of the species, population size and Mukilteo Multimodal Project area. The MMPA does not define small numbers growth rate where known, ongoing project activities would not and so, in practice, where estimated sources of human-caused mortality, or permanently modify existing marine numbers are available, NMFS compares ambient noise levels). mammal habitat. The activities may kill the number of individuals taken to the To avoid repetition, this introductory some fish and cause other fish to leave most appropriate estimation of discussion of our analyses applies to all the area temporarily, thus impacting abundance of the relevant species or the species listed in Table 9, given that marine mammals’ foraging stock in our determination of whether the anticipated effects of WSDOT’s opportunities in a limited portion of the an authorization is limited to small Mukilteo Multimodal Project activities foraging range. However, because of the numbers of marine mammals. When the involving pile driving and pile removal short duration of the activities and the predicted number of individuals to be on marine mammals are expected to be relatively small area of the habitat that taken is fewer than one third of the relatively similar in nature. There is no may be affected, the impacts to marine species or stock abundance, the take is information about the nature or severity mammal habitat are not expected to considered to be of small numbers. of the impacts, or the size, status, or cause significant or long-term negative Additionally, other qualitative factors structure of any species or stock that consequences. Therefore, given the may be considered in the analysis, such would lead to a different analysis by consideration of potential impacts to as the temporal or spatial scale of the species for this activity, or else species- marine mammal prey species and their activities. specific factors would be identified and physical environment, WSDOT’s The estimated takes are below 24 analyzed. proposed construction activity at the percent of the population for all marine Marine mammal takes that are Mukilteo Ferry Terminal would not mammals except harbor seal (Table 7). anticipated and authorized are expected adversely affect marine mammal habitat. While the estimated takes of harbor seal to be limited to short-term Level B In summary and as described above, would be 35 percent of its population if harassment (behavioral and temporary the following factors primarily support all takes occurred to unique individuals, threshold shift (TTS)) only. Marine our determination that the impacts it is very likely that a single individual mammals present in the vicinity of the resulting from this activity are not would be taken multiple times on action area and taken by Level B expected to adversely affect the species different days. Therefore, the actual harassment would most likely show or stock through effects on annual rates unique take of individual animals overt brief disturbance (startle reaction) of recruitment or survival: among the total population would be and avoidance of the area from elevated • Injury—no marine mammal would well under one-third of the population noise levels during pile driving and pile be taken by Level A harassment in the size. removal and the implosion noise. These form of either physical injury or PTS; Based on the analysis contained behavioral distances are not expected to • Behavioral disturbance—11 herein of the proposed activity affect marine mammals’ growth, species/stocks of marine mammals (including the mitigation and survival, and reproduction due to the would experience behavioral monitoring measures) and the limited geographic area that would be disturbance and TTS from the WSDOT’s anticipated take of marine mammals, affected in comparison to the much Mukilteo Ferry Terminal construction. NMFS finds that small numbers of larger habitat for marine mammals in However, as discussed earlier, the area marine mammals will be taken relative the Puget Sound. A few marine to be affected is small and the duration to the population size of the affected mammals could experience TTS if they of the project is short. In addition, the species or stocks. occur within the Level B harassment nature of the take would involve mild Unmitigable Adverse Impact Analysis zones. However, as discussed earlier in behavioral modification; and this document, TTS is a temporary loss • Although portion of the SWKR and Determination of hearing sensitivity when exposed to critical habitat is within the project area, There are no relevant subsistence uses loud sound, and the hearing threshold strict mitigation measures such as of the affected marine mammal stocks or is expected to recover completely implementing shutdown measures and species implicated by this action. within minutes to hours. Therefore, it is suspending pile driving are expected to Therefore, NMFS has determined that not considered an injury. avoid take of SRKW, and impacts to the total taking of affected species or Portions of the SRKW range is within prey species and the habitat itself are stocks would not have an unmitigable the proposed action area. In addition, expected to be minimal. No other adverse impact on the availability of the entire Puget Sound is designated as important habitat for marine mammals such species or stocks for taking for the SRKW critical habitat under the exist in the vicinity of the project area. subsistence purposes. ESA. However, WSDOT would be Based on the analysis contained Endangered Species Act required to implement strict mitigation herein of the likely effects of the measures to suspend pile driving or pile specified activity on marine mammals Section 7(a)(2) of the ESA of 1973 (16 removal activities when this stock is and their habitat, and taking into U.S.C. 1531 et seq.) requires that each detected in the vicinity of the project consideration the implementation of the Federal agency insure that any action it area. We anticipate that take of SRKW monitoring and mitigation measures, authorizes, funds, or carries out is not would be avoided. There are no other NMFS finds that the total marine likely to jeopardize the continued known important areas for other marine mammal take from the proposed activity existence of any endangered or mammals, such as feeding or pupping, will have a negligible impact on all threatened species or result in the areas. affected marine mammal species or destruction or adverse modification of The project also is not expected to stocks. designated critical habitat. To ensure have significant adverse effects on ESA compliance for the issuance of affected marine mammals’ habitat, as Small Numbers IHAs, NMFS consults internally, in this analyzed in detail in the Potential As noted above, only small numbers case with the WCR Protected Resources Effects of Specified Activities on Marine of incidental take may be authorized Division Office, whenever we propose

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to authorize take for endangered or DEPARTMENT OF COMMERCE complement NOAA’s other Science and threatened species. Technology Focus Areas (also available National Oceanic and Atmospheric The only species listed under the ESA at: https://nrc.noaa.gov/NOAA-Science- Administration with the potential to be present in the Technology-Focus-Areas)—Artificial action area is the Mexico DPS of Intelligence, Cloud Computing, Data, Public Comment for a Draft NOAA ‘Omics, and Unmanned Systems—and humpback whales. The effects of this Science and Technology Strategy: help the U.S. continue to lead in Federal action were adequately Citizen Science developing innovative, cost-effective analyzed in NMFS’ Biological Opinion AGENCY: National Oceanic and and collaborative solutions to global for the Mukilteo Multimodal Project, environmental and technology issues. Snohomish, Washington, dated August Atmospheric Administration (NOAA), Department of Commerce (DOC). After completion of this strategy, 1, 2017, which concluded that issuance NOAA will develop a corresponding ACTION: Notice of public comment. of an IHA would not jeopardize the Strategic Implementation Plan (or continued existence of any endangered SUMMARY: This notice announces the ‘‘Roadmap’’) that defines detailed action or threatened species or destroy or availability for public comment of the items, deadlines, and responsibilities. In adversely modify any designated critical NOAA Citizen Science draft strategy. the meantime, citizen science is already habitat. NMFS WCR has confirmed the This strategy is intended to dramatically working with the other NOAA Science Incidental Take Statement (ITS) issued expand our application of this emerging and Technology focus areas to help in 2017 is applicable for this IHA. That science and technology focus area by improve performance in our ITS authorizes the take of seven improving the efficiency, effectiveness economically impactful missions and humpback whales from the Mexico DPS. and coordination of its development setting the course to strengthen our and usage across the agency. renowned environmental science and National Environmental Policy Act technology leadership for the coming DATES: Comments must be received by decades. To comply with the National September 8, 2020. Environmental Policy Act of 1969 ADDRESSES: A copy of the draft strategy Dated: July 28, 2020. (NEPA; 42 U.S.C. 4321 et seq.) and may be downloaded or viewed on the David Holst, NOAA Administrative Order (NAO) internet at: https://nrc.noaa.gov/NOAA- Director Chief Financial Officer/CAO, Office 216–6A, NMFS must review our action Science-Technology-Focus-Areas. You of Oceanic and Atmospheric Research, (i.e., the issuance of an IHA) with may submit public comments via email National Oceanic and Atmospheric respect to potential impacts on the to [email protected]. Please Administration. human environment. include ‘‘Public Comment on Draft [FR Doc. 2020–16895 Filed 8–5–20; 8:45 am] BILLING CODE 3510–KD–P This action is consistent with NOAA Citizen Science Strategy’’ in the categories of activities identified in subject line of the message. All personal Categorical Exclusion B4 (IHAs with no identifying information (e.g., name, address, etc.), confidential business CONSUMER PRODUCT SAFETY anticipated serious injury or mortality) information, or otherwise sensitive COMMISSION of the Companion Manual for NOAA information submitted voluntarily by Administrative Order 216–6A, which do [Docket No. CPSC–2010–0112] the sender is publicly accessible. NOAA not individually or cumulatively have will accept anonymous comments. Agency Information Collection the potential for significant impacts on FOR FURTHER INFORMATION CONTACT: John Activities; Proposed Collection; the quality of the human environment McLaughlin, NOAA Office of Education Comment Request; Contests, and for which we have not identified (Phone: 202–253–1977, Email: Challenges, and Awards any extraordinary circumstances that [email protected]), or Laura would preclude this categorical AGENCY: Consumer Product Safety Oremland, NOAA Fisheries Office of Commission. exclusion. Accordingly, NMFS has Science and Technology (Phone: 301– ACTION: determined that the issuance of the IHA 427–8162, Email: laura.oremland@ Notice. qualifies to be categorically excluded noaa.gov). SUMMARY: As required by the Paperwork from further NEPA review. SUPPLEMENTARY INFORMATION: Volunteer Reduction Act of 1995, the Consumer Authorization observations have played a role in Product Safety Commission (CPSC or informing our Nation’s prediction and Commission) requests comments on a As a result of these determinations, management of weather, oceans and proposed extension of approval of a NMFS has issued an IHA to the WSDOT coasts for over a century. New and generic collection of information for to conduct Mukilteo Multimodal Project emerging technologies are expanding CPSC-sponsored contests, challenges, Year 4 in Washington State, between ways that these volunteers can and awards. The Office of Management August 1, 2020, and July 31, 2021, participate. NOAA is well positioned to and Budget (OMB) previously approved provided the previously prescribed leverage and contribute to this growth. the collection of information under mitigation, monitoring, and reporting Citizen science was recently named a control number 3041–0151. OMB’s most requirements are incorporated. Science and Technology Focus Area for recent extension of approval will expire on November 30, 2020. The Commission Dated: August 3, 2020. the agency to ensure robust agency-wide coordination and strong institutional will consider all comments received in Donna S. Wieting, support from NOAA senior leadership response to this notice before requesting Director, Office of Protected Resources, to guide efforts in this area. an extension of this collection of National Marine Fisheries Service. This draft strategy is designed to information from the Office of [FR Doc. 2020–17212 Filed 8–5–20; 8:45 am] provide a path for NOAA to fully Management and Budget (OMB). BILLING CODE 3510–22–P leverage the power of public DATES: Submit written or electronic participation in support of agency comments on the collection of mission areas. It was created to information by October 5, 2020.

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ADDRESSES: You may submit comments, Estimated Time per Response: 5 emergency review of a new information identified by Docket No. CPSC–2010– hours/participant. 20 participants may collection 0112, by any of the following methods: require 2 additional hours each to DATES: Approval by the OMB has been Electronic Submissions: Submit provide additional information upon requested by before August 7, 2020. A electronic comments to the Federal selection. regular clearance process is also hereby eRulemaking Portal at: https:// Total Estimated Annual Burden: being initiated. Interested persons are www.regulations.gov. Follow the 2,540 hours (500 participants × 5 hours/ invited to submit comments on or before instructions for submitting comments. participant) + (20 participants × 2 October 5, 2020. The CPSC does not accept comments hours/participant). ADDRESSES: To access and review all the submitted by electronic mail (email), General Description of Collection: The documents related to the information except through https:// Commission establishes contests, collection listed in this notice, please www.regulations.gov. The CPSC challenges, and awards to increase the use http://www.regulations.gov by encourages you to submit electronic public’s knowledge and awareness of searching the Docket ID number ED– comments by using the Federal safety hazards, such as carbon 2020–SCC–0128. Comments submitted eRulemaking Portal, as described above. monoxide poisoning. The Commission in response to this notice should be Mail/Hand Delivery/Courier Written also recognizes those individuals, firms, submitted electronically through the Submissions: Submit comments by and organizations that work to address Federal eRulemaking Portal at http:// mail/hand delivery/courier to: Division issues related to consumer product www.regulations.gov by selecting the of the Secretariat, Consumer Product safety through awards. Docket ID number or via postal mail, Safety Commission, Room 820, 4330 Request for Comments commercial delivery, or hand delivery. East West Highway, Bethesda, MD If the regulations.gov site is not 20814; telephone (301) 504–7479. The Commission solicits written available to the public for any reason, Instructions: All submissions received comments from all interested persons ED will temporarily accept comments at must include the agency name and about the proposed collection of [email protected]. Please include the docket number for this notice. All information. The Commission docket ID number and the title of the comments received may be posted specifically solicits information relevant information collection request when without change, including any personal to the following topics: requesting documents or submitting identifiers, contact information, or other • Whether the collection of comments. Please note that comments personal information provided, to: information described above is submitted by fax or email and those https://www.regulations.gov. Do not necessary for the proper performance of submitted after the comment period will submit electronically confidential the Commission’s functions, including not be accepted. Written requests for business information, trade secret whether the information would have information or comments submitted by information, or other sensitive or practical utility; postal mail or delivery should be protected information that you do not • Whether the estimated burden of addressed to the Director of the Strategic want to be available to the public. If you the proposed collection of information Collections and Clearance Governance wish to submit such information, please is accurate; and Strategy Division, U.S. Department • submit it according to the instructions Whether the quality, utility, and of Education, 400 Maryland Ave. SW, for written submissions. clarity of the information to be collected LBJ, Room 6W208D, Washington, DC Docket: For access to the docket to could be enhanced; and 20202–8240. • read background documents or Whether the burden imposed by the FOR FURTHER INFORMATION CONTACT: For comments received, go to: https:// collection of information could be specific questions related to collection www.regulations.gov, and insert the minimized by use of automated, activities, please contact Tara Ramsey, docket number, CPSC–2010–0112, into electronic or other technological 202–260–2063. collection techniques, or other forms of the ‘‘Search’’ box, and follow the SUPPLEMENTARY INFORMATION: The information technology. prompts. Department of Education (ED), in FOR FURTHER INFORMATION CONTACT: Alberta E. Mills, accordance with the Paperwork Cynthia Gillham, Consumer Product Secretary, Consumer Product Safety Reduction Act of 1995 (PRA) (44 U.S.C. Safety Commission, 4330 East West Commission. 3506(c)(2)(A)), provides the general Highway, Bethesda, MD 20814; (301) [FR Doc. 2020–17156 Filed 8–5–20; 8:45 am] public and Federal agencies with an 504–7791, or by email to: cgillham@ BILLING CODE 6355–01–P opportunity to comment on proposed, cpsc.gov. revised, and continuing collections of SUPPLEMENTARY INFORMATION: CPSC information. This helps the Department seeks to renew the following currently DEPARTMENT OF EDUCATION assess the impact of its information collection requirements and minimize approved generic collection of [Docket No.: ED–2020–SCC–0128] information: the public’s reporting burden. It also helps the public understand the Title: Contests, Challenges, and Agency Information Collection Department’s information collection Awards. Activities; Comment Request; CARES requirements and provide the requested OMB Number: 3041–0151. Act Maintenance of Effort (MOE) Type of Review: Renewal of generic data in the desired format. ED is collection. AGENCY: Office of Elementary and soliciting comments on the proposed Frequency of Response: On occasion. Secondary Education (OESE), information collection request (ICR) that Affected Public: Contestants, award Department of Education (ED). is described below. The Department of nominees, award nominators. ACTION: Notice Education is especially interested in Estimated Number of Respondents: public comment addressing the 500 participants annually. In addition, SUMMARY: In accordance with the following issues: (1) Is this collection 20 participants may be required to Paperwork Reduction Act of 1995, ED is necessary to the proper functions of the provide additional information upon requesting the Office of Management Department; (2) will this information be selection. and Budget (OMB) to conduct an processed and used in a timely manner;

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(3) is the estimate of burden accurate; Outlying Areas maintain the level of provides general information related to (4) how might the Department enhance support for elementary and secondary RSA’s discretionary grant competitions the quality, utility, and clarity of the education, and State and Outlying Areas and a PowerPoint presentation information to be collected; and (5) how support for higher education in fiscal specifically related to this Innovative might the Department minimize the years 2020 and 2021 as agreed to in the Rehabilitation Training program burden of this collection on the GEER Fund, ESSER Fund and ESF-SEA competition at https://ncrtm.ed.gov/ respondents, including through the use Fund, and ESF-Governor Fund RSAGrantInfo.aspx. OSERS will of information technology. Please note Certifications and Agreements. conduct a pre-application meeting that written comments received in Dated: August 3, 2020. specific to this competition via response to this notice will be conference call to respond to questions. Kate Mullan, considered public records. Information about the pre-application Title of Collection: CARES Act PRA Coordinator, Strategic Collections and meeting will be available at https:// Maintenance of Effort (MOE). Clearance Governance and Strategy Division, Office of Chief Data Officer, Office of ncrtm.ed.gov/RSAGrantInfo.aspx prior OMB Control Number: 1810–NEW. to the date of the call. OSERS invites Type of Review: A new information Planning, Evaluation and Policy Development. you to send questions to 84.263DEF@ collection. [FR Doc. 2020–17157 Filed 8–5–20; 8:45 am] ed.gov in advance of the pre-application Respondents/Affected Public: State, meeting. The teleconference BILLING CODE 4000–01–P Local and Tribal Organizations. information, including the 84.263D/E/F Total Estimated Number of Annual pre-application meeting summary of the Responses: 56. DEPARTMENT OF EDUCATION questions and answers, will be available Total Estimated Number of Annual at https://ncrtm.ed.gov/ Burden Hours: 280. RSAGrantInfo.aspx within six days after Abstract: This is a request for Applications for New Awards; the pre-application meeting. approval of a new emergency Rehabilitation Training: Innovative information collection that would solicit Rehabilitation Training Program ADDRESSES: For the addresses for obtaining and submitting an from States, Outlying Areas, and State AGENCY: Office of Special Education and application, please refer to our Common educational agencies (SEAs) Rehabilitative Services, Department of maintenance of effort (MOE) data under Instructions for Applicants to Education. Department of Education Discretionary section 18008 of the CARES Act. Under ACTION: Notice. four programs—the Governor’s Grant Programs, published in the Federal Register on February 13, 2019 Emergency Education Relief Fund SUMMARY: The U.S. Department of (GEER Fund, Section 18002) and the Education (Department) is issuing a (84 FR 3768) and available at www.govinfo.gov/content/pkg/FR-2019- Elementary and Secondary School notice inviting applications (NIA) for 02-13/pdf/2019-02206.pdf. Emergency Relief Fund (ESSER Fund, fiscal year (FY) 2020 for the Innovative Section 18003) and two formula grant Rehabilitation Training program, FOR FURTHER INFORMATION CONTACT: programs to the Outlying Areas Catalog of Federal Domestic Assistance Cassandra P. Shoffler, U.S. Department authorized under Section 18001(a)(1), (CFDA) number 84.263D/E/F. These of Education, 400 Maryland Avenue Education Stabilization Fund-State competitions fund time-limited training SW, Room 5065A, Potomac Center Educational Agencies (ESF-SEA) and projects to develop, refine, implement, Plaza, Washington, DC 20202–2800. Education Stabilization Fund-Governors evaluate, and disseminate innovative Telephone: (202) 245–7827. Email: (ESF-Governor)—States are required to methods of training vocational [email protected]. If you use a telecommunications maintain fiscal effort on behalf of rehabilitation (VR) personnel and Client device for the deaf (TDD) or a text elementary, secondary and Assistance Program (CAP) personnel to telephone (TTY), call the Federal Relay postsecondary education. Recipients of support the work of the State VR Service (FRS), toll free, at 1–800–877– the resources from the ESSER Fund, the agencies and the implementation of the 8339. GEER Fund, the ESF-SEA Fund, and the Rehabilitation Act of 1973, as amended ESF-Governor Fund have signed by the Workforce Innovation and SUPPLEMENTARY INFORMATION: Certifications and Agreements, in which Opportunity Act (Rehabilitation Act). In Full Text of Announcement they agree to abide by the provisions of the FY 2020 competitions, the the CARES Act, including MOE Department is focusing on innovative I. Funding Opportunity Description requirements. The Department is rehabilitation training in the following Purpose of Program: The Innovative requesting an emergency clearance to areas: CAP (84.263D); assisting and Rehabilitation Training program is meet the requirements of the CARES Act supporting individuals with disabilities designed to develop (a) new types of and ensure that States and Outlying pursuing self-employment, business training programs for rehabilitation Areas are meeting the MOE ownership, and telecommuting personnel and to demonstrate the requirement. In the publication of (84.263E); and field-initiated projects in effectiveness of these new types of frequently asked questions regarding the an area related to VR (84.263F). This training programs for rehabilitation Maintenance of Effort requirement, ED notice relates to the approved personnel in providing rehabilitation issued guidance and a sample form for information collection under OMB services to individuals with disabilities; States and Outlying Areas to submit this control number 1820–0018. (b) new and improved methods of statutorily required data. DATES: training rehabilitation personnel so that Additional Information: An Applications Available: August 6, there may be a more effective delivery emergency clearance approval for the 2020. of rehabilitation services to individuals use of the system is described below Deadline for Transmittal of with disabilities by designated State due to the following conditions. If this Applications: September 3, 2020. rehabilitation agencies and designated collection is not allowed to proceed, the Date of Pre-Application Meeting: The State rehabilitation units or other public Department will not be able to fulfill the Office of Special Education and or non-profit rehabilitation service mandates of the CARES Act, and Rehabilitative Services (OSERS) will agencies or organizations; and (c) new properly monitor that States and post a PowerPoint presentation that innovative training programs for VR

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professionals and paraprofessionals to Rehabilitation Act, particularly in techniques, including engaging training have a 21st-century understanding of support of the implementation of key recipients with different learning styles. the evolving labor force and the needs provisions of WIOA; (b) expanded The project must develop an overall of individuals with disabilities so they opportunities for quality employment training plan specifying the major can more effectively provide VR under WIOA and the pertinent components (e.g., training modules, ad services to individuals with disabilities. provisions regarding unified and hoc training activities, and ongoing Projects must be awarded and operated combined State plans, common technical assistance), informational in a manner consistent with the performance measures, and the resources (e.g., curricula, materials, nondiscrimination requirements workforce development system, searchable databases, communities of contained in the U.S. Constitution and including pre-employment transition practice), and modes of delivery (e.g., the Federal civil rights laws. services, work-based learning, in-person, virtual). The training plan Priorities: This competition includes apprenticeships, customized must be based on the identified training three absolute priorities and two employment, career pathways, and needs of CAP professionals to competitive preference priorities. postsecondary credentials, including effectively carry out the CAP The absolute priorities are from the advanced degrees; (c) opportunities and responsibilities under title IV, section notice of final priorities for this program challenges for individuals with the most 112 of the Rehabilitation Act. (NFP) published elsewhere in this issue significant disabilities, students and The training modules must be of the Federal Register. Competitive youth with disabilities, and traditionally developed by the end of the first year of Preference Priority 1 is from the underserved populations, including the project period and piloted, refined, Secretary’s Final Supplemental those at the intersection of poverty and implemented, evaluated, and Priorities and Definitions for disability; (d) program and fiscal disseminated in years two, three, four, Discretionary Grant Programs management training to promote the and five of the project period. The ad (Supplemental Priorities) published in effective use of Federal and non-Federal hoc training activities and technical the Federal Register on March 2, 2018 resources under the Rehabilitation Act; assistance will be developed on any (83 FR 9096). Competitive Preference and (e) leadership, relationship- ongoing basis in response to Priority 2 is from the Secretary’s Final building, outreach, and individuals and circumstances and emerging needs. Administrative Priorities for systems advocacy skills to promote A process for continuous feedback, Discretionary Grant Programs effective interaction by CAP evaluation, and improvement to ensure (Administrative Priorities) published in professionals with VR clients and that the training modules, the ad hoc the Federal Register on March 9, 2020 applicants, State VR agencies, State training activities, and technical (85 FR 13640). Rehabilitation Councils, and other assistance are responsive to the needs of Absolute Priorities: For FY 2020, and important stakeholders. CAP professionals throughout years any subsequent year in which we make The project must develop a new or two, three, four, and five must be awards from the list of unfunded substantially improved training program included. This process may include applications from this competition, meeting the professional needs and the surveys, success stories, and analyses of these priorities are absolute priorities. required knowledge, skills, and selected data elements of the Annual Under 34 CFR 75.105(c)(3), we consider competencies of CAP professionals. The CAP Performance Report (RSA–227). only applications that meet one of these CAP training program will consist of The training and technical assistance priorities. Applicants must identify the established, stand-alone training must be of sufficient scope, intensity, specific absolute priority under which modules, and ad hoc training activities and duration for CAP professionals to they are applying as part of the developed in response to emerging achieve increased skill, knowledge, and competition title on the application circumstances or trends. Stand-alone competence in the topic areas. cover sheet (SF form 424, line 4). training modules may include selected The applicant must review and Applicants must submit separate topics that can be incorporated into incorporate the resources developed by applications if applying under more existing academic degree or short-term the RSA VR Technical Assistance than one priority. VR training programs, for example, to Centers and Demonstration and These priorities are: promote greater understanding among Training projects, available at the Absolute Priority 1—Innovative VR professionals and paraprofessionals National Clearinghouse for Rehabilitation Training Program: Client about the CAP program and the Rehabilitation Training Materials, and Assistance Program. individuals that it serves. other Federal and nongovernment A project under this priority must The CAP training program will also sources, as appropriate, in developing increase the CAP professionals’ encompass ongoing technical assistance its training and technical assistance knowledge about all requirements related to topics addressed in the curricula and delivery methods. governing the CAP program and VR training modules and ad hoc training Training and technical assistance services under the Rehabilitation Act, activities, including consultation and activities also must be coordinated with while also increasing the capacity of technical assistance on options for the entity providing training and CAP professionals to inform VR clients applying existing law, regulations, and technical assistance to the Protection and applicants about the expanded RSA-issued guidance to specific factual and Advocacy of Individual Rights opportunities available under the circumstances that arise in the course of program, consistent with section 509 of Workforce Innovation and Opportunity CAP professionals’ individual or the Rehabilitation Act. Act (WIOA) and provide the assistance systems advocacy efforts. Absolute Priority 2—Innovative and advocacy that the clients and Training delivery methods must Rehabilitation Training Program: applicants need. The project must encompass: (a) State-of-the-art Assisting and Supporting Individuals enhance CAP professionals’ knowledge, communication tools and platforms, with Disabilities Pursuing Self- skills, and competencies in each of the including an interactive project website, Employment, Business Ownership, and following required subject areas: (a) distance learning and convening Telecommuting. CAP responsibilities in section 112 of technologies, social media, and A project in the area of assisting and the Rehabilitation Act and the VR searchable databases; and (b) the latest supporting individuals with disabilities service provision requirements in the knowledge translation methods and pursuing self-employment, business

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ownership, and telecommuting must training program, including stand-alone to the application score. Under 34 CFR develop a new or substantially modules and instructional materials to 387.40, cost sharing of at least 10 percent of improved and, to the extent possible, be incorporated into an existing the total cost of the project is mandatory of evidence-based 1 training program, academic degree program for educating all grantees under the Innovative Rehabilitation Training program. Please see including stand-alone modules and VR counselors or other VR professionals the Cost Sharing and Matching section under instructional materials to be and VR paraprofessionals, or into short- part III of this notice. incorporated into an existing academic term training for VR professionals, or degree program for educating VR both. The training program or modules Competitive Preference Priority 2— counselors or other VR professionals must be developed by the end of the Applications From New Potential and paraprofessionals or into short-term first year of the project period and Grantees. (2 points). training for VR professionals, or both. piloted, refined, implemented, (a) Under this priority, an applicant The training program or modules must evaluated, and disseminated in years must demonstrate one or more of the be developed by the end of the first year two, three, four, and five of the project following: of the project period and piloted, period. A process for continuous (i) The applicant has never received a refined, implemented, evaluated, and feedback, evaluation, and improvement grant, including through membership in disseminated in years two, three, four, to ensure the training program or a group application submitted in and five of the project period. A process modules are responsive to the needs of accordance with 34 CFR 75.127–75.129, for continuous feedback, evaluation, the VR professionals and under the Innovative Training program. (ii) The applicant does not, as of the and improvement to ensure the training paraprofessionals throughout years two, deadline date for submission of program or modules are responsive to three, four, and five must be included. applications, have an active grant, the needs of the VR professionals and This process may include surveys or including through membership in a paraprofessionals throughout years two, success stories. group application submitted in three, four, and five must be included. The training must be of sufficient accordance with 34 CFR 75.127–75.129, This process may include evidence scope, intensity, and duration for VR under the Innovative Training program. collected from surveys or success stories professionals, paraprofessionals, and (iii) The applicant has not had an or other forms of evidence. individuals studying to become VR active discretionary grant under the professionals and paraprofessionals to The training must be of sufficient Innovative Training program, including achieve increased skill, knowledge, and scope, intensity, and duration for VR through membership in a group professionals, paraprofessionals, and competence in the topic area. Competitive Preference Priorities: For application submitted in accordance individuals studying to become VR with 34 CFR 75.127–75.129, in the five professionals and paraprofessionals to FY 2020 and any subsequent year in which we make awards from the list of years before the deadline date for achieve increased skill, knowledge, and submission of applications under the competence in the area of assisting and unfunded applications from this competition, these priorities are program. supporting individuals with disabilities (iv) The applicant has not had an competitive preference priorities. Under pursuing self-employment, business active discretionary grant from the 34 CFR 75.105(c)(2)(i), we award an ownership, and telecommuting. Department, including through additional three points to an application Absolute Priority 3—Innovative membership in a group application that meets paragraph (a) of Competitive Rehabilitation Training Program: Field submitted in accordance with 34 CFR Preference Priority 1 or an additional Initiated. 75.127–75.129, in the five years before five points to an application that meets A field-initiated project must clearly the deadline date for submission of paragraph (b) of Competitive Preference identify the topic to be addressed and applications under the Innovative Priority 1, and an additional two points provide sufficient evidence to Training program. to an application that meets Competitive demonstrate the need for the innovative (v) The applicant has not had an Preference Priority 2, for a maximum of rehabilitation training in a proposed active contract from the Department in seven additional points under the new topic area or, in areas for which the five years before the deadline date competitive preference priorities. there is existing training, demonstrate for submission of applications under the that the existing training is not These priorities are: Competitive Preference Priority 1— Innovative Training program. adequately meeting the needs of VR (b) For the purpose of this priority, a professionals, paraprofessionals, and Promoting Innovation and Efficiency, Streamlining Education With an grant or contract is active until the end individuals studying to become VR of the grant’s or contract’s project or professionals and paraprofessionals. Increased Focus on Improving Student Outcomes, and Providing Increased funding period, including any The project must develop a new or Value to Students and Taxpayers. (3 or extensions of those periods that extend substantially improved and, to the 5 points) the grantee’s or contractor’s authority to extent possible, evidence-based 2 Projects that are designed to obligate funds. demonstrate matching support for the Program Authority: 29 U.S.C. 772. 1 For the purpose of this priority, ‘‘evidence- Applicable Regulations: (a) The proposed projects: based’’ means the proposed project component is Education Department General supported, at a minimum, by evidence that (a) 50 percent of the total amount of demonstrates a rationale (as defined in 34 CFR the grant (3 points); or Administrative Regulations in 34 CFR 77.1), where a key project component included in (b) 100 percent of the total amount of parts 75, 77, 79, 81, 82, 84, 86, 97, 98, the project’s logic model (as defined in 34 CFR 77.1) the grant (5 points). and 99. (b) The Office of Management is informed by research or evaluation findings that and Budget Guidelines to Agencies on suggest the project component is likely to improve Note: This competitive preference priority Governmentwide Debarment and relevant outcomes (as defined in 34 CFR 77.1). match is not mandatory, but if an applicant 2 Suspension (Nonprocurement) in 2 CFR For the purpose of this priority, ‘‘evidence- responds to and meets the criteria outlined based’’ means the proposed project component is in Competitive Preference Priority 1, an part 180, as adopted and amended as supported, at a minimum, by evidence that regulations of the Department in 2 CFR demonstrates a rationale (as defined in 34 CFR additional three or five points will be applied 77.1), where a key project component included in part 3485. (c) The Uniform the project’s logic model (as defined in 34 CFR 77.1) suggest the project component is likely to improve Administrative Requirements, Cost is informed by research or evaluation findings that relevant outcomes (as defined in 34 CFR 77.1) Principles, and Audit Requirements for

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Federal Awards in 2 CFR part 200, as program. Furthermore, given the restrictions in the Applicable adopted and amended as regulations of importance of cost sharing funds to the Regulations section of this notice. the Department in 2 CFR part 3474. (d) long-term success of the project, eligible 5. Recommended Page Limit: The The regulations for this program in 34 entities must identify appropriate non- application narrative (Part III of the CFR parts 385 and 387. (e) The NFP. (f) Federal funds in the proposed budget. application) is where you, the applicant, The Supplemental Priorities. (g) The 3. Subgrantees: Under 34 CFR address the selection criteria that Administrative Priorities. 75.708(b) and (c) a grantee under this reviewers use to evaluate your application. We recommend that you (1) Note: The regulations in 34 CFR part 79 competition may not award subgrants to apply to all applicants except federally entities to directly carry out project limit the application narrative to no recognized Indian Tribes. activities described in its application. more than 45 pages and (2) use the Under 34 CFR 75.708(e), a grantee may following standards: • ″ × ″ Note: The regulations in 34 CFR part 86 contract for supplies, equipment, and A ‘‘page’’ is 8.5 11 , on one side ″ apply to institutions of higher education other services in accordance with 2 CFR only, with 1 margins at the top, bottom, only. part 200. and both sides. • Double space (no more than three II. Award Information IV. Application and Submission lines per vertical inch) all text in the Type of Award: Discretionary grants. Information application narrative, including titles, Estimated Available Funds: $ 1. Application Submission headings, footnotes, quotations, 1,350,000. Instructions: Applicants are required to references, and captions, as well as all Contingent upon the availability of follow the Common Instructions for text in charts, tables, figures, and funds and the quality of applications, Applicants to Department of Education graphs. • Use a font that is either 12 point or we may make additional awards in Discretionary Grant Programs, larger or no smaller than 10 pitch subsequent years from the list of published in the Federal Register on unfunded applications from this (characters per inch). February 13, 2019 (84 FR 3768) and • Use one of the following fonts: competition. available at www.govinfo.gov/content/ Estimated Range of Awards: Times New Roman, Courier, Courier pkg/FR-2019-02-13/pdf/2019-02206.pdf, $425,000—$450,000. New, or Arial. Maximum Award: We will not make which contain requirements and The recommended page limit does not an award exceeding $450,000 for a information on how to submit an apply to Part I, the cover sheet; Part II, single budget period of 12 months. application. the budget section, including the Estimated Number of Awards: 3. 2. Submission of Proprietary narrative budget justification; Part IV, Information: Given the types of projects the assurances and certifications; or the Note: The Secretary intends to fund a total that may be proposed in applications for of three projects in FY 2020, including one one-page abstract, the resumes, the project from each of the two identified topic the Innovative Rehabilitation Training bibliography, or the letters of support. areas and one in the field-initiated area, competition, your application may However, the recommended page limit provided that we receive applications of include business information that you does apply to all of the application sufficient quality under each of the priorities. consider proprietary. In 34 CFR 5.11 we narrative. As a result, the Secretary may fund define ‘‘business information’’ and applications out of rank order. describe the process we use in V. Application Review Information determining whether any of that 1. Selection Criteria: The selection Note: The Department is not bound by any criteria for this competition are from 34 estimates in this notice. information is proprietary and, thus, protected from disclosure under CFR 387.30 and 34 CFR 75.210, and are Note: Under 34 CFR 75.562(c), an indirect Exemption 4 of the Freedom of as follows: cost reimbursement on a training grant is Information Act (5 U.S.C. 552, as (a) Relevance to State-Federal limited to the recipient’s actual indirect amended). rehabilitation service program. (10 costs, as determined by its negotiated Because we plan to make successful points) indirect cost rate agreement, or 8 percent of applications available to the public, you (1) The Secretary reviews each a modified total direct cost base, whichever may wish to request confidentiality of application for information that shows amount is less. Indirect costs in excess of the business information. that the proposed project appropriately limit may not be charged directly, used to relates to the mission of the State- satisfy matching or cost-sharing Consistent with Executive Order 12600, please designate in your Federal rehabilitation service program. requirements, or charged to another Federal (2) The Secretary looks for award. application any information that you believe is exempt from disclosure under information that shows that the project Project Period: Up to 60 months. can be expected either— Exemption 4. In the appropriate (i) To increase the supply of trained III. Eligibility Information Appendix section of your application, personnel available to public and 1. Eligible Applicants: States and under ‘‘Other Attachments Form,’’ private agencies involved in the public or private nonprofit agencies and please list the page number or numbers rehabilitation of individuals with organizations, including Indian Tribes on which we can find this information. disabilities; or and institutions of higher education. For additional information please see 34 (ii) To maintain and improve the 2. Cost Sharing or Matching: A CFR 5.11(c). skills and quality of rehabilitation grantee must contribute to the cost of a 3. Intergovernmental Review: This personnel. project under this program in an amount competition is subject to Executive (b) Nature and scope of curriculum. satisfactory to the Secretary. The part of Order 12372 and the regulations in 34 (10 points) the costs to be borne by the grantee is CFR part 79. However, under 34 CFR (1) The Secretary reviews each determined by the Secretary at the time 79.8(a), we waive intergovernmental application for information that of the grant award. For the purposes of review in order to make an award by the demonstrates the adequacy and scope of this competition, the grantee is required end of FY 2020. the proposed curriculum. to contribute at least 10 percent of the 4. Funding Restrictions: We reference (2) The Secretary looks for total cost of the project under this regulations outlining funding information that shows that—

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(i) The curriculum and teaching employment from persons who are (1) The Secretary considers the methods provide for an integration of members of groups that have quality of the evaluation to be theory and practice relevant to the traditionally been underrepresented conducted of the proposed project. educational objectives of the program; based on race, color, national origin, (2) In determining the quality of the and gender, age, or disability. evaluation, the Secretary considers the (ii) The didactic coursework includes (4) In addition, the Secretary following factors: student exposure to vocational considers the following factors: (i) The extent to which the methods rehabilitation processes, concepts, (i) The extent to which the training or of evaluation are thorough, feasible, and programs, and services. professional development services to be appropriate to the goals, objectives, and (c) Need for project and significance. provided by the proposed project are of outcomes of the proposed project. (10 points) sufficient quality, intensity, and (ii) The extent to which the evaluation (1) The Secretary considers the need duration to lead to improvements in will provide guidance about effective for and significance of the proposed practice among the recipients of those strategies suitable for replication or project. services. testing in other settings. (2) In determining the need for and (ii) The extent to which the training (iii) The extent to which the methods significance of the proposed project, the or professional development services to of evaluation will provide performance Secretary considers the following be provided by the proposed project are feedback and permit periodic factors: likely to alleviate the personnel assessment of progress toward achieving (i) The extent to which the proposed shortages that have been identified or intended outcomes. project will prepare personnel for fields are the focus of the proposed project. 2. Review and Selection Process: We in which shortages have been (iii) The qualifications, including remind potential applicants that in demonstrated. relevant training and experience, of the reviewing applications in any (ii) The potential contribution of the project director or principal discretionary grant competition, the proposed project to increased investigator. Secretary may consider, under 34 CFR knowledge or understanding of (iv) The qualifications, including 75.217(d)(3), the past performance of the rehabilitation problems, issues, or relevant training and experience, of key applicant in carrying out a previous effective strategies. project personnel. award, such as the applicant’s use of (iii) The potential contribution of the (f) Adequacy of resources. (15 points) funds, achievement of project proposed project to the development (1) The Secretary considers the objectives, and compliance with grant and advancement of theory, knowledge, adequacy of resources for the proposed conditions. The Secretary may also and practices in the field of study. project. consider whether the applicant failed to (2) In determining the adequacy of (d) Quality of the project design. (10 submit a timely performance report or resources for the proposed project, the points) submitted a report of unacceptable (1) The Secretary considers the Secretary considers the following quality. factors: quality of the design of the proposed In addition, in making a competitive (i) The relevance and demonstrated project. grant award, the Secretary requires commitment of each partner in the (2) In determining the quality of the various assurances, including those proposed project to the implementation design of the proposed project, the applicable to Federal civil rights laws and success of the project. Secretary considers the following that prohibit discrimination in programs (ii) The extent to which the costs are or activities receiving Federal financial factors: reasonable in relation to the number of assistance from the Department (34 CFR (i) The extent to which the goals, persons to be served and to the objectives, and outcomes to be achieved 100.4, 104.5, 106.4, 108.8, and 110.23). anticipated results and benefits. When reviewing prior performance by the proposed project are clearly (iii) The potential for the under 34 CFR 75.217(d)(3) and specified and measurable. incorporation of project purposes, conducting risk assessments pursuant to (ii) The extent to which performance activities, or benefits into the ongoing 2 CFR 200.205, the Secretary will feedback and continuous improvement program of the agency or organization at consider factors such as whether are integral to the design of the the end of the Federal funding. proposed project. (g) Quality of the management plan. applicants have demonstrated sufficient (e) Quality of project services and (10 points) institutional capacity through the personnel. (20 points) (1) The Secretary considers the commitment of adequate resources, as (1) The Secretary considers the quality of the management plan for the described in the selection criteria, and quality of the project services to be proposed project. suitable past performance to fully provided by the proposed project and (2) In determining the quality of the implement multiple awards. In the personnel who will carry out the management plan for the proposed reviewing capacity, the Secretary will proposed project. project, the Secretary considers the consider factors such as whether (2) In determining the quality of the following factors: potential grantees have demonstrated services to be provided by the proposed (i) The adequacy of the management sufficient staffing, an adequate pool of project, the Secretary considers the plan to achieve the objectives of the potential scholars, and existing quality and sufficiency of strategies for proposed project on time and within relationships with VR and related ensuring equal access and treatment for budget, including clearly defined agencies to place scholars from multiple eligible project participants who are responsibilities, timelines, and grants in appropriate internships. Based members of groups that have milestones for accomplishing project on these reviews, the Secretary will take traditionally been underrepresented tasks. appropriate action under 34 CFR based on race, color, national origin, (ii) The adequacy of procedures for 75.217(d)(3), 2 CFR 200.205, and 2 CFR gender, age, or disability. ensuring feedback and continuous 3474.10, before making awards to a (3) In determining the quality of improvement in the operation of the grantee. project personnel, the Secretary proposed project. 3. Risk Assessment and Specific considers the extent to which the (h) Quality of project evaluation. (15 Conditions: Consistent with 2 CFR applicant encourages applications for points) 200.205, before awarding grants under

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this competition the Department We reference the regulations outlining (1) The number of individuals conducts a review of the risks posed by the terms and conditions of an award in enrolled or participating in the applicants. Under 2 CFR 3474.10, the the Applicable Regulations section of Innovative Rehabilitation Training Secretary may impose specific this notice and include these and other program, by cohort, during the reporting conditions and, in appropriate specific conditions in the GAN. The period. circumstances, high-risk conditions on a GAN also incorporates your approved (2) The number and percentage of grant if the applicant or grantee is not application as part of your binding individuals who successfully completed financially stable; has a history of commitments under the grant. the Innovative Rehabilitation Training unsatisfactory performance; has a 3. Open Licensing Requirements: program, by cohort, during the reporting financial or other management system Unless an exception applies, if you are period. that does not meet the standards in 2 awarded a grant under this competition, Note: Topic Area 1—Innovative CFR part 200, subpart D; has not you will be required to openly license Rehabilitation Training Project, Client fulfilled the conditions of a prior grant; to the public grant deliverables created Assistance Program. For performance or is otherwise not responsible. in whole, or in part, with Department measures (1) and (2), above, CAP personnel 4. Integrity and Performance System: grant funds. When the deliverable are not enrolled as in other programs. If you are selected under this consists of modifications to pre-existing Therefore, the number of individuals competition to receive an award that works, the license extends only to those participating in the Innovative Rehabilitation modifications that can be separately Training program activities during the over the course of the project period reporting period will be reported; and the may exceed the simplified acquisition identified and only to the extent that open licensing is permitted under the number and percentage of individuals who threshold (currently $250,000), under 2 complete the Innovative Rehabilitation CFR 200.205(a)(2) we must make a terms of any licenses or other legal Training program activities during the judgment about your integrity, business restrictions on the use of pre-existing reporting period will be reported. ethics, and record of performance under works. Additionally, a grantee or subgrantee that is awarded competitive The GPRA measures are as follows: Federal awards—that is, the risk posed (1) The quality of the training by you as an applicant—before we make grant funds must have a plan to disseminate these public grant developed, as measured by a panel of an award. In doing so, we must consider VR agencies. any information about you that is in the deliverables. This dissemination plan can be developed and submitted after (2) The relevance of the training integrity and performance system developed, as measured by a panel of (currently referred to as the Federal your application has been reviewed and selected for funding. For additional VR agencies. Awardee Performance and Integrity (3) The usefulness of the training Information System (FAPIIS)), information on the open licensing requirements please refer to 2 CFR developed, as measured by a panel of accessible through the System for VR agencies. Award Management. You may review 3474.20. 4. Reporting: (a) If you apply for a Note: For Topic Area 1—Client Assistance and comment on any information about grant under this competition, you must Program, quality, relevance, and usefulness yourself that a Federal agency ensure that you have in place the will be measured by a panel of rehabilitation previously entered and that is currently necessary processes and systems to educators and individuals who are in FAPIIS. comply with the reporting requirements knowledgeable about CAP. Please note that, if the total value of in 2 CFR part 170 should you receive Innovative Rehabilitation Training your currently active grants, cooperative funding under the competition. This program grantees must report the agreements, and procurement contracts does not apply if you have an exception following quantitative and qualitative from the Federal Government exceeds under 2 CFR 170.110(b). data: $10,000,000, the reporting requirements (b) At the end of your project period, (a) Program activities that occurred in 2 CFR part 200, Appendix XII, you must submit a final performance during each fiscal year from October 1 require you to report certain integrity report, including financial information, to March 31 and projected program information to FAPIIS semiannually. as directed by the Secretary. If you activities to occur from April 1 to Please review the requirements in 2 CFR receive a multiyear award, you must September 30 should be included in the part 200, Appendix XII, if this grant submit semiannual and annual semiannual performance report. plus all the other Federal funds you performance reports that provide the (b) Program activities that occur receive exceed $10,000,000. most current performance and financial during years 2–5 from October 1 to VI. Award Administration Information expenditure information as directed by September 30 should be included in the the Secretary under 34 CFR 75.118. The annual performance report. 1. Award Notices: If your application Secretary may also require more Annual project progress toward is successful, we notify your U.S. frequent performance reports under 34 meeting project goals must be posted on Representative and U.S. Senators and CFR 75.720(c). For specific the project website or university send you a Grant Award Notification requirements on reporting, please go to website. (GAN); or we may send you an email www.ed.gov/fund/grant/apply/ 6. Continuation Awards: In making a containing a link to access an electronic appforms/appforms.html. continuation award under 34 CFR version of your GAN. We may notify 5. Performance Measures: The 75.253, the Secretary considers, among you informally, also. Government Performance and Results other things: Whether a grantee has If your application is not evaluated or Act of 1993 (GPRA) directs Federal made substantial progress in achieving not selected for funding, we notify you. departments and agencies to improve the goals and objectives of the project; 2. Administrative and National Policy the effectiveness of their programs by whether the grantee has expended funds Requirements: We identify engaging in strategic planning, setting in a manner that is consistent with its administrative and national policy outcome-related goals for programs, and approved application and budget; and, requirements in the application package measuring program results against those if the Secretary has established and reference these and other goals. performance measurement requirements in the Applicable The performance measures for this requirements, the performance targets in Regulations section of this notice. program are as follows: the grantee’s approved application.

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In making a continuation award, the DATES: Interested persons are invited to burden of this collection on the Secretary also considers whether the submit comments on or before October respondents, including through the use grantee is operating in compliance with 5, 2020. of information technology. Please note the assurances in its approved ADDRESSES: To access and review all the that written comments received in application, including those applicable documents related to the information response to this notice will be to Federal civil rights laws that prohibit collection listed in this notice, please considered public records. discrimination in programs or activities use http://www.regulations.gov by Title of Collection: PLUS Adverse receiving Federal financial assistance searching the Docket ID number ED– Credit Reconsideration Loan from the Department (34 CFR 100.4, 2020–SCC–0127. Comments submitted 104.5, 106.4, 108.8, and 110.23). in response to this notice should be Counseling. submitted electronically through the OMB Control Number: 1845–0129. VII. Other Information Federal eRulemaking Portal at http:// Type of Review: A revision of an Accessible Format: Individuals with www.regulations.gov by selecting the existing information collection. disabilities can obtain this document Docket ID number or via postal mail, and a copy of the application package in commercial delivery, or hand delivery. Respondents/Affected Public: an accessible format (e.g., braille, large If the regulations.gov site is not Individuals or Households. print, audiotape, or compact disc) on available to the public for any reason, Total Estimated Number of Annual request to the program contact person ED will temporarily accept comments at Responses: 142,824. FOR FURTHER INFORMATION listed under [email protected]. Please include the Total Estimated Number of Annual CONTACT. docket ID number and the title of the Burden Hours: 107,119. Electronic Access to This Document: information collection request when The official version of this document is requesting documents or submitting Abstract: Section 428B(a)(1)(A) of the the document published in the Federal comments. Please note that comments Higher Education Act of 1965, as Register. You may access the official submitted by fax or email and those amended (HEA), provides that to be edition of the Federal Register and the submitted after the comment period will eligible to receive a Federal PLUS Loan Code of Federal Regulations at not be accepted. Written requests for under the Federal Family Education www.govinfo.gov. At this site you can information or comments submitted by Loan (FFEL) Program, the applicant view this document, as well as all other postal mail or delivery should be must not have an adverse credit history, documents of this Department addressed to the Director of the Strategic as determined pursuant to regulations published in the Federal Register, in Collections and Clearance Governance promulgated by the Secretary. In text or Portable Document Format and Strategy Division, U.S. Department accordance with section 455(a)(1) of the (PDF). To use PDF you must have of Education, 400 Maryland Ave. SW, HEA, this same eligibility requirement Adobe Acrobat Reader, which is LBJ, Room 6W208D, Washington, DC applies to applicants for PLUS loans available free at the site. 20202–8240. under the Direct Loan Program. Since You may also access documents of the FOR FURTHER INFORMATION CONTACT: For July 1, 2010 there have been no new Department published in the Federal specific questions related to collection FFEL Program loans originated and the Register by using the article search activities, please contact Beth Direct Loan Program is the only Federal feature at: www.federalregister.gov. Grebeldinger, 202–377–4018. loan program that offers Federal PLUS Specifically, through the advanced SUPPLEMENTARY INFORMATION: The Loans. search feature at this site, you can limit Department of Education (ED), in The adverse credit history section of your search to documents published by accordance with the Paperwork the eligibility regulations in 34 CFR the Department. Reduction Act of 1995 (PRA) (44 U.S.C. § 685.200(b) and (c) were updated in Mark Schultz, 3506(c)(2)(A)), provides the general public and Federal agencies with an 2014 by the Department of Education Commissioner, Rehabilitation Services (the Department) when a review of and Administration, Delegated the authority to opportunity to comment on proposed, perform the functions and duties of the revised, and continuing collections of a change to the regulations was made. Assistant Secretary for the Office of Special information. This helps the Department Specifically, an applicant for a PLUS Education and Rehabilitative Services. assess the impact of its information loan who is determined to have an [FR Doc. 2020–16959 Filed 8–4–20; 4:15 pm] collection requirements and minimize adverse credit history must complete BILLING CODE 4000–01–P the public’s reporting burden. It also loan counseling offered by the Secretary helps the public understand the before receiving the Federal PLUS loan. Department’s information collection The Department is requesting a revision DEPARTMENT OF EDUCATION requirements and provide the requested to the information collection regarding data in the desired format. ED is the adverse credit history regulations in [Docket No.: ED–2020–SCC–0127] soliciting comments on the proposed 34 CFR § 685.200(b) and (c) and the Agency Information Collection information collection request (ICR) that burden these changes create for Federal Activities; Comment Request; PLUS is described below. The Department of PLUS loan borrowers, both parent and Adverse Credit Reconsideration Loan Education is especially interested in graduate/professional students. Counseling public comment addressing the following issues: (1) Is this collection Dated: August 3, 2020. AGENCY: Federal Student Aid (FSA), necessary to the proper functions of the Kate Mullan, Department of Education (ED). Department; (2) will this information be PRA Coordinator, Strategic Collections and Clearance Governance and Strategy Division, ACTION: Notice. processed and used in a timely manner; (3) is the estimate of burden accurate; Office of Chief Data Officer, Office of SUMMARY: In accordance with the (4) how might the Department enhance Planning, Evaluation and Policy Paperwork Reduction Act of 1995, ED is the quality, utility, and clarity of the Development. proposing a revision to an existing information to be collected; and (5) how [FR Doc. 2020–17172 Filed 8–5–20; 8:45 am] information collection. might the Department minimize the BILLING CODE 4000–01–P

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DEPARTMENT OF EDUCATION are designed to improve the operation for subsequent evaluation of the training and performance of programs and and technical assistance; and Applications for New Awards; services for older individuals who are (3) Assessed 90 days after completion Independent Living Services for Older blind resulting in their enhanced to ensure that the DSAs and other Individuals Who Are Blind— independence and self-sufficiency. service providers receiving intensive Independent Living Services for Older Priorities: This notice includes one training and technical assistance are Individuals Who Are Blind Training and absolute priority and one competitive applying it effectively, and to address Technical Assistance preference priority. These priorities are any issues or challenges in its from the notice of final priorities and AGENCY: Office of Special Education and implementation. definitions for this program published Rehabilitative Services, Department of (b) Provide a range of targeted training elsewhere in this issue of the Federal Education. and technical assistance and universal Register (NFP). ACTION: Notice. training and technical assistance Absolute Priority: For FY 2020, this products and services on the four SUMMARY: The Department of Education priority is an absolute priority. Under 34 general topic areas in this priority. The is issuing a notice inviting applications CFR 75.105(c)(3), we consider only training and technical assistance must for fiscal year (FY) 2020 for the applications that meet this priority. include, at a minimum, the following This priority is: Independent Living Services for Older activities: Independent Living Services for Older Individuals Who Are Blind Program— (1) In each year of the project, provide Individuals Who Are Blind (OIB) Independent Living Services for Older a minimum of 10 webinars, podcasts, Training and Technical Assistance. Individuals Who Are Blind (OIB) This priority supports a cooperative video conferences, teleconferences, or Training and Technical Assistance, agreement to establish an OIB Training other virtual methods of dissemination Catalog of Federal Domestic Assistance and Technical Assistance Center of information and training and (CFDA) number 84.177Z. This notice (Center) to provide universal, targeted, technical assistance on the four general relates to the approved information and intensive training and technical topic areas in this priority to describe collection under OMB control number assistance to designated State agencies and disseminate information about 1820–0018. (DSAs) funded under the OIB program emerging promising practices. DATES: Applications Available: August and to any service providers that DSAs (2) Develop new information 6, 2020. fund to provide services directly to technology (IT) platforms or systems, or Deadline for Transmittal of consumers. The Center will develop and modify existing platforms and systems, Applications: September 3, 2020. provide training and technical as follows: ADDRESSES: For the addresses for assistance in the following general topic (i) Develop or modify, and maintain, obtaining and submitting an areas: a state-of-the-art IT platform sufficient application, please refer to our Common (a) Community outreach methods and to support webinars, podcasts, video Instructions for Applicants to strategies to identify potential recipients conferences, teleconferences, and other Department of Education Discretionary of services. virtual methods of dissemination of Grant Programs, published in the (b) Promising practices, based on information and training and technical Federal Register on February 13, 2019 ‘‘promising evidence’’ as defined in 34 assistance; and (84 FR 3768) and available at CFR 77.1(c), including the development (ii) Develop or modify, and maintain, www.govinfo.gov/content/pkg/FR-2019- and dissemination of relevant materials a state-of-the-art archiving and 02-13/pdf/2019-02206.pdf. to facilitate the delivery of high-quality dissemination system that is open and FOR FURTHER INFORMATION CONTACT: services. available to the public, at no cost, and Mary Williams, U.S. Department of (c) Program performance, including that provides a central location for later Education, 400 Maryland Avenue SW, data reporting and analysis. use of training and technical assistance Room 5100, Potomac Center Plaza (d) Financial and management products, including course curricula, (PCP), Washington, DC 20202–5176. practices, including practices to ensure audiovisual materials, webinars, Telephone: (202) 245–7586. Email: compliance with grant administration examples of emerging and promising [email protected]. requirements. practices related to the four general If you use a telecommunications To meet the requirements of this topic areas in this priority, and any device for the deaf (TDD) or a text priority, the Center must, at a minimum, other training and technical assistance telephone (TTY), call the Federal Relay conduct the following activities: products developed by the grantee and Service (FRS), toll free, at 1–800–877– (a) Annually provide intensive others. 8339. training and technical assistance to a minimum of three DSAs or other service Note: All products produced by the Center SUPPLEMENTARY INFORMATION: must meet government and industry- providers on the four general topic areas recognized standards for accessibility. Full Text of Announcement in this priority. Intensive training and technical assistance may be provided (c) Conduct outreach to DSAs so that I. Funding Opportunity Description through remote delivery as appropriate. they are aware of, and can participate Purpose of Program: The purpose of The technical assistance must be— in, training and technical assistance this program is to provide training and (1) Consistent with the project activities. technical assistance to designated State activities and tailored to the specific (d) Establish a community of agencies (DSAs)—the State agencies that needs and challenges of the DSA or practice 1 that will act as a vehicle for provide vocational rehabilitation other service provider receiving communication, an exchange of services to individuals who are blind— intensive training and technical information among DSAs and other that receive grant funding under the OIB assistance; service providers, and a forum for program and to other service providers (2) Provided under an agreement with sharing the results of training and that receive OIB program funding from each DSA or other service provider that, DSAs to provide services to consumers. at a minimum, details the purpose, 1 See: www.sedl.org/pubs/catalog/items/ The training and technical assistance intended outcomes, and requirements dis104.html.

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technical assistance activities that are in relationship between the training and Maximum Award: We will not make progress or that have been completed. technical assistance center staff and a an award exceeding $596,956 for a (e) Facilitate annually a minimum of DSA, or other service provider that single budget period of 12 months. one in-person conference, or, if health receives OIB program funding from a Estimated Number of Awards: 1. and safety reasons make an in-person DSA to provide services, under the Note: The Department is not bound by any conference infeasible, a virtual terms of a signed intensive training and estimates in this notice. conference, for the purpose of technical assistance agreement. dissemination of information related to Targeted training and technical Note: Under 34 CFR 75.562(c), an indirect emerging promising practices and assistance means training and technical cost reimbursement on a training grant is ongoing technical assistance needs and limited to the recipient’s actual indirect assistance based on needs common to costs, as determined by its negotiated activities. one or more DSAs, or other service indirect cost rate agreement, or eight percent (f) Communicate and coordinate, on providers that receive OIB program of a modified total direct cost base, an ongoing basis, with other federally funding from DSAs to provide services, whichever amount is less. Indirect costs in funded training and technical assistance on a time-limited basis and with a excess of the limit may not be charged projects, particularly Department- limited commitment of training and directly, used to satisfy matching or cost- funded projects, to ensure that training technical assistance center resources. sharing requirements, or charged to another Federal award. and technical assistance activities are Targeted training and technical complementary and non-duplicative. assistance are delivered through virtual Project Period: Up to 60 months. (g) Conduct an evaluation to or in-person methods tailored to the III. Eligibility Information determine the impact of the Center’s identified needs of the participating training and technical assistance on the DSAs, or other service providers that 1. Eligible Applicants: State and DSAs and other service providers that receive OIB program funding from DSAs public or non-profit agencies and received the Center’s services. to provide services. organizations and institutions of higher Competitive Preference Priority: For Universal training and technical education that have the capacity to FY 2020, this priority is a competitive assistance means training and technical provide training and technical preference priority. Under 34 CFR assistance broadly available to DSAs, or assistance in the provision of 75.105(c)(2)(i), we award up to an other service providers that receive OIB independent living services for older additional 5 points to an application, program funding from DSAs to provide individuals who are blind and have depending on how well the application services, and other interested parties demonstrated through their application meets the competitive preference resulting in minimal interaction with a capacity to provide the level of priority. training and technical assistance center training and technical assistance as This priority is: staff. Universal training and technical indicated in the priority section of this Identify and Demonstrate how assistance includes generalized notice. Specific Technical Assistance Strategies 2. Cost Sharing or Matching: This presentations, products, and related Provided to OIB Grantees will Facilitate competition does not require cost activities available through a website or Collaboration and Leveraging of sharing or matching. through brief contact with the training Resources at the State and Local Level. 3. Subgrantees: A grantee under this To meet the requirements of this and technical assistance center staff. competition may not award subgrants to priority, the Center must, at a minimum, Program Authority: 29 U.S.C. 796j–1. entities to directly carry out project develop technical assistance focused on Applicable Regulations: (a) The activities described in its application. partnerships to facilitate the sharing of Education Department General Under 34 CFR 75.708(e), a grantee may information and leveraging of resources Administrative Regulations in 34 CFR contract for supplies, equipment, and from other systems that work with aging parts 75, 77, 79, 81, 82, 84, 86, 97, 98, other services in accordance with 2 CFR individuals and individuals with and 99. (b) The Office of Management part 200. disabilities. and Budget Guidelines to Agencies on These technical assistance strategies Governmentwide Debarment and IV. Application and Submission must be designed to improve the Suspension (Nonprocurement) in 2 CFR Information capacity of OIB grantee staff, and staff part 180, as adopted and amended as 1. Application Submission from other service providers that receive regulations of the Department in 2 CFR Instructions: Applicants are required to OIB program funding from DSAs to part 3485. (c) The Uniform follow the Common Instructions for provide services to the OIB population, Administrative Requirements, Cost Applicants to Department of Education to acquire and develop the skills and Principles, and Audit Requirements for Discretionary Grant Programs, tools they need to help the OIB Federal Awards in 2 CFR part 200, as published in the Federal Register on population sustain and increase their adopted and amended as regulations of February 13, 2019 (84 FR 3768) and ability to live independently in their the Department in 2 CFR part 3474. (d) available at www.govinfo.gov/content/ homes and communities. The regulations for this program in 34 pkg/FR-2019-02-13/pdf/2019-02206.pdf, Definitions: CFR part 367. (e) The NFP. which contain requirements and For FY 2020, the following definitions Note: The regulations in 34 CFR part 79 information on how to submit an from the NFP apply to this competition: apply to all applicants except federally application. Intensive training and technical recognized Indian Tribes. 2. Submission of Proprietary assistance means training and technical Information: Given the types of projects assistance provided to a DSA, or other Note: The regulations in 34 CFR part 86 that may be proposed in applications for service provider that receives OIB apply to institutions of higher education the OIB Training and Technical program funding from a DSA to provide only. Assistance competition, your services, primarily on-site or through application may include business II. Award Information remote delivery, as needed and information that you consider appropriate, over an extended period. Type of Award: Cooperative proprietary. In 34 CFR 5.11 we define Intensive training and technical agreement. ‘‘business information’’ and describe the assistance is based on an ongoing Estimated Available Funds: $596,956. process we use in determining whether

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any of that information is proprietary V. Application Review Information members of groups that have and, thus, protected from disclosure 1. Selection Criteria: The selection traditionally been underrepresented under Exemption 4 of the Freedom of criteria for this competition are from 34 based on race, color, national origin, Information Act (5 U.S.C. 552, as CFR 75.210 and are listed below: gender, age, or disability. amended). (a) Significance (15 points). (3) In addition, the Secretary Because we plan to make successful (1) The Secretary considers the considers the following factors: (i) The extent to which the services to applications available to the public, you significance of the proposed project. may wish to request confidentiality of (2) In determining the significance of be provided by the proposed project business information. the proposed project, the Secretary reflect up-to-date knowledge from considers the following factors: research and effective practice; Consistent with Executive Order (ii) The extent to which the services (i) The extent to which specific gaps 12600, please designate in your to be provided by the proposed project or weaknesses in services, application any information that you are appropriate to the needs of the infrastructure, or opportunities have believe is exempt from disclosure under intended recipients or beneficiaries of been identified and will be addressed by Exemption 4. In the appropriate those services; the proposed project, including the Appendix section of your application, (iii) The extent to which the services nature and magnitude of those gaps or under ‘‘Other Attachments Form,’’ to be provided by the proposed project weaknesses; please list the page number or numbers involve the collaboration of appropriate (ii) The importance or magnitude of on which we can find this information. partners for maximizing the the results or outcomes likely to be For additional information please see 34 effectiveness of project services; and CFR 5.11(c). attained by the proposed project; (iv) The extent to which the technical 3. Intergovernmental Review: This (iii) The extent to which the proposed assistance services to be provided by the competition is subject to Executive project is likely to build local capacity proposed project involve the use of Order 12372 and the regulations in 34 to provide, improve, or expand services efficient strategies, including the use of CFR part 79. However, under 34 CFR that address the needs of the OIB technology, as appropriate, and the 79.8(a), we waive intergovernmental population; and leveraging of non-project resources. review in order to make an award by the (iv) The importance or magnitude of (d) Quality of the project evaluation end of FY 2020. the results or outcomes likely to be (15 points). attained by the proposed project, (1) The Secretary considers the 4. Funding Restrictions: We reference especially improvements in regulations outlining funding quality of the evaluation to be independent living services. conducted of the proposed project. restrictions in the Applicable (b) Quality of project design (10 Regulations section of this notice. (2) In determining the quality of the points). evaluation, the Secretary considers the 5. Recommended Page Limit: The (1) The Secretary considers the following factors: application narrative (Part III of the quality of the design of the proposed (i) The extent to which the methods application) is where you, the applicant, project. of evaluation are thorough, feasible, and address the selection criteria that (2) In determining the quality of the appropriate to the goals, objectives, and reviewers use to evaluate your design of the proposed project, the outcomes of the proposed project; application. We recommend that you (1) Secretary considers the following (ii) The extent to which the methods limit the application narrative to no factors: of evaluation are appropriate to the more than 45 pages and (2) use the (i) The extent to which the goals, context within which the project following standards: objectives, and outcomes to be achieved operates; • A ‘‘page’’ is 8.5″ × 11″, on one side by the proposed project are clearly (iii) The extent to which the methods only, with 1″ margins at the top, bottom, specified and measurable; of evaluation will provide performance and both sides. (ii) The extent to which the proposed feedback and permit periodic • Double space (no more than three project is designed to build capacity and assessment of progress toward achieving lines per vertical inch) all text in the yield results that will extend beyond the intended outcomes; and application narrative, including titles, period of Federal financial assistance; (iv) The extent to which the methods headings, footnotes, quotations, (iii) The extent to which the proposed of evaluation include the use of references, and captions, as well as all project will establish linkages with objective performance measures that are text in charts, tables, figures, and other appropriate agencies and clearly related to the intended outcomes graphs. organizations providing services to the of the project and will produce target population; and • Use a font that is either 12 point or quantitative and qualitative data to the (iv) The extent to which the design of larger or no smaller than 10 pitch extent possible. the proposed project is appropriate to, (characters per inch). (e) Adequacy of resources (10 points). and will successfully address, the needs • (1) The Secretary considers the Use one of the following fonts: of the target population or other adequacy of resources for the proposed Times New Roman, Courier, Courier identified needs. project. New, or Arial. (c) Quality of project services (25 (2) In determining the adequacy of The recommended page limit does not points). resources for the proposed project, the apply to Part I, the cover sheet; Part II, (1) The Secretary considers the Secretary considers the following the budget section, including the quality of the services to be provided by factors: narrative budget justification; Part IV, the proposed project. (i) The adequacy of support, including the assurances and certifications; or the (2) In determining the quality of the facilities, equipment, supplies, and one-page abstract, the resumes, the services to be provided by the proposed other resources, from the applicant bibliography, or the letters of support. project, the Secretary considers the organization or the lead applicant However, the recommended page limit quality and sufficiency of strategies for organization; and does apply to all of the application ensuring equal access and treatment for (ii) The extent to which the costs are narrative. eligible project participants who are reasonable in relation to the objectives,

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design, and potential significance of the applicant in carrying out a previous VI. Award Administration Information proposed project. award, such as the applicant’s use of 1. Award Notices: If your application (f) Quality of project personnel (10 funds, achievement of project is successful, we notify your U.S. points). objectives, and compliance with grant Representative and U.S. Senators and (1) The Secretary considers the conditions. The Secretary may also send you a Grant Award Notification quality of the personnel who will carry consider whether the applicant failed to (GAN); or we may send you an email out the proposed project. submit a timely performance report or containing a link to access an electronic (2) In determining the quality of submitted a report of unacceptable version of your GAN. We may notify project personnel, the Secretary quality. you informally, also. considers the extent to which the In addition, in making a competitive If your application is not evaluated or applicant encourages applications for grant award, the Secretary requires not selected for funding, we notify you. employment from persons who are various assurances, including those 2. Administrative and National Policy members of groups that have applicable to Federal civil rights laws Requirements: We identify traditionally been underrepresented that prohibit discrimination in programs administrative and national policy based on race, color, national origin, or activities receiving Federal financial requirements in the application package gender, age, or disability. assistance from the Department (34 CFR and reference these and other (3) In addition, the Secretary 100.4, 104.5, 106.4, 108.8, and 110.23). requirements in the Applicable considers the following factors: 3. Risk Assessment and Specific (i) The qualifications, including Conditions: Consistent with 2 CFR Regulations section of this notice. relevant training and experience, of key 200.205, before awarding grants under We reference the regulations outlining project personnel; this competition, the Department the terms and conditions of an award in (ii) The qualifications, including conducts a review of the risks posed by the Applicable Regulations section of relevant training and experience, of applicants. Under 2 CFR 3474.10, the this notice and include these and other project consultants or subcontractors; Secretary may impose specific specific conditions in the GAN. The and conditions and, in appropriate GAN also incorporates your approved (iii) The relevance and demonstrated circumstances, high-risk conditions on a application as part of your binding commitment of each partner in the grant if the applicant or grantee is not commitments under the grant. proposed project to the implementation financially stable; has a history of 3. Open Licensing Requirements: and success of the project. unsatisfactory performance; has a Unless an exception applies, if you are (g) Quality of the management plan financial or other management system awarded a grant under this competition, (15 points). that does not meet the standards in 2 you will be required to openly license (1) The Secretary considers the CFR part 200, subpart D; has not to the public grant deliverables created quality of the management plan for the fulfilled the conditions of a prior grant; in whole, or in part, with Department proposed project. or is otherwise not responsible. grant funds. When the deliverable (2) In determining the quality of the 4. Integrity and Performance System: consists of modifications to pre-existing management plan for the proposed If you are selected under this works, the license extends only to those project, the Secretary considers the competition to receive an award that modifications that can be separately following factors: over the course of the project period identified and only to the extent that (i) The adequacy of the management may exceed the simplified acquisition open licensing is permitted under the plan to achieve the objectives of the threshold (currently $250,000), under 2 terms of any licenses or other legal proposed project on time and within CFR 200.205(a)(2) we must make a restrictions on the use of pre-existing budget, including clearly defined judgment about your integrity, business works. Additionally, a grantee or responsibilities, timelines, and ethics, and record of performance under subgrantee that is awarded competitive milestones for accomplishing project Federal awards—that is, the risk posed grant funds must have a plan to tasks; by you as an applicant—before we make disseminate these public grant (ii) The extent to which the time an award. In doing so, we must consider deliverables. This dissemination plan commitments of the project director and any information about you that is in the can be developed and submitted after principal investigator and other key integrity and performance system your application has been reviewed and project personnel are appropriate and (currently referred to as the Federal selected for funding. For additional adequate to meet the objectives of the Awardee Performance and Integrity information on the open licensing proposed project; Information System (FAPIIS)), requirements please refer to 2 CFR (iii) The adequacy of mechanisms for accessible through the System for 3474.20. ensuring high-quality products and Award Management. You may review 4. Reporting: (a) If you apply for a services from the proposed project; and and comment on any information about grant under this competition, you must (iv) How the applicant will ensure yourself that a Federal agency ensure that you have in place the that a diversity of perspectives are previously entered and that is currently necessary processes and systems to brought to bear in the operation of the in FAPIIS. comply with the reporting requirements proposed project, including those of Please note that, if the total value of in 2 CFR part 170 should you receive parents, teachers, the business your currently active grants, cooperative funding under the competition. This community, a variety of disciplinary agreements, and procurement contracts does not apply if you have an exception and professional fields, recipients or from the Federal Government exceeds under 2 CFR 170.110(b). beneficiaries of services, or others, as $10,000,000, the reporting requirements (b) At the end of your project period, appropriate. in 2 CFR part 200, Appendix XII, you must submit a final performance 2. Review and Selection Process: We require you to report certain integrity report, including financial information, remind potential applicants that in information to FAPIIS semiannually. as directed by the Secretary. If you reviewing applications in any Please review the requirements in 2 CFR receive a multiyear award, you must discretionary grant competition, the part 200, Appendix XII, if this grant submit an annual performance report Secretary may consider, under 34 CFR plus all the other Federal funds you that provides the most current 75.217(d)(3), the past performance of the receive exceed $10,000,000. performance and financial expenditure

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information as directed by the Secretary 75.253, the Secretary considers, among DEPARTMENT OF EDUCATION under 34 CFR 75.118. The Secretary other things: Whether a grantee has may also require more frequent made substantial progress in achieving Applications for New Awards; performance reports under 34 CFR the goals and objectives of the project; Technical Assistance and 75.720(c). For specific requirements on whether the grantee has expended funds Dissemination To Improve Services reporting, please go to www.ed.gov/ in a manner that is consistent with its and Results for Children With fund/grant/apply/appforms/ approved application and budget; and, Disabilities and Demonstration and appforms.html. if the Secretary has established Training Programs—The Individuals 5. Performance Measures: The goal of With Disabilities Education Act (IDEA) performance measurement this grant is to provide training and Paperwork Reduction Planning and requirements, the performance targets in technical assistance designed to Implementation Program improve the operation and performance the grantee’s approved application. of programs and services for older In making a continuation award, the AGENCY: Office of Special Education and individuals who are blind resulting in Secretary also considers whether the Rehabilitative Services, Department of their enhanced independence and self- grantee is operating in compliance with Education. sufficiency. the assurances in its approved ACTION: Notice. The cooperative agreement will application, including those applicable specify the measures that will be used to Federal civil rights laws that prohibit to assess the grantee’s performance SUMMARY: The Department of Education discrimination in programs or activities (Department) is issuing a notice inviting against the goals and objectives of the receiving Federal financial assistance project, including outcome measures applications for new awards for fiscal from the Department (34 CFR 100.4, year (FY) 2020 for the IDEA Paperwork and measures that reflect the quality, 104.5, 106.4, 108.8, and 110.23). relevance, and usefulness of the training Reduction Planning and and technical assistance products VII. Other Information Implementation Program, Catalog of developed by the Center. Such measures Federal Domestic Assistance (CFDA) will include, at a minimum, (1) the Accessible Format: Individuals with number 84.326F, to assist States in improved administration, operation, disabilities can obtain this document identifying excessive paperwork and and performance of the DSAs or other and a copy of the application package in noninstructional time burdens on service providers as measured through an accessible format (e.g., braille, large special education teachers, related the attainment of goals established in print, audiotape, or compact disc) on services providers, and State and local the intensive training and technical request to the program contact person administrators that do not assist in assistance agreements; and (2) the listed under FOR FURTHER INFORMATION improving educational and functional number and percentage of DSAs or other CONTACT. results for children with disabilities. service providers receiving intensive The funds will support developing and, Electronic Access to This Document: training and technical assistance that if appropriate, implementing The official version of this document is report that the training and technical comprehensive plans to reduce the the document published in the Federal assistance they received was of high burden. This notice relates to the quality, relevant, and useful. Register. You may access the official approved information collection under Other specific measures related to the edition of the Federal Register and the OMB control number 1820–0028. priority areas for training and technical Code of Federal Regulations at www.govinfo.gov. At this site you can DATES: Applications Available: August assistance will be determined on an 6, 2020. annual basis and specified in the view this document, as well as all other cooperative agreement. documents of this Department Deadline for Transmittal of In its annual and final performance published in the Federal Register, in Applications: September 11, 2020. reports to the Department, the grantee text or Portable Document Format ADDRESSES: For the addresses for will be expected to report the data (PDF). To use PDF you must have obtaining and submitting an outlined in the cooperative agreement Adobe Acrobat Reader, which is application, please refer to our Common that is needed to assess its performance. available free at the site. Instructions for Applicants to The annual performance reports must You may also access documents of the Department of Education Discretionary include both quantitative and Department published in the Federal Grant Programs, published in the qualitative information necessary to Register by using the article search Federal Register on February 13, 2019 assess the Center’s performance on the (84 FR 3768) and available at outcome measures established in the feature at www.federalregister.gov. Specifically, through the advanced www.govinfo.gov/content/pkg/FR-2019- cooperative agreement. The data used 02-13/pdf/2019-02206.pdf. must be valid and verifiable. search feature at this site, you can limit The annual performance reports must your search to documents published by FOR FURTHER INFORMATION CONTACT: provide, at a minimum, specific the Department. David Egnor, U.S. Department of Education, 400 Maryland Avenue SW, information on the number of training Mark Schultz, and technical assistance activities, the Room 5163, Potomac Center Plaza, topics of such activities, the type of Commissioner, Rehabilitation Services Washington, DC 20202–5076. Administration, Delegated the Authority to training and technical assistance Telephone: (202) 245–7334. Email: Perform the Functions and Duties of the [email protected]. provided (i.e., intensive, targeted, Assistant Secretary for the Office of Special universal), the number and types of Education and Rehabilitative Services. If you use a telecommunications participants served (i.e., DSAs or other [FR Doc. 2020–17216 Filed 8–4–20; 11:15 am] device for the deaf (TDD) or a text providers of services under the OIB BILLING CODE 4000–01–P telephone (TTY), call the Federal Relay program), and summary data from Service (FRS), toll free, at 1–800–877– participant evaluations. 8339. 6. Continuation Awards: In making a continuation award under 34 CFR SUPPLEMENTARY INFORMATION:

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Full Text of Announcement the right of a child with a disability to Implementation Program—Planning I. Funding Opportunity Description receive a free appropriate public Grants. education (FAPE) under IDEA Part B. In Priority: Purpose of Programs: The purpose of short, States’ waiver proposals must The Department seeks to make awards the Technical Assistance and preserve the fundamental rights of to State educational agencies (SEAs) to Dissemination to Improve Services and children with disabilities under IDEA.1 assist them in identifying excessive Results for Children with Disabilities In addition, States have always had the paperwork and noninstructional time Program is to promote academic authority, within the constraints of State burdens on special education teachers, achievement and to improve results for law, to change or waive State related services providers, and State and children with disabilities by providing requirements that exceed IDEA statutory local administrators that do not assist in technical assistance (TA), supporting and regulatory requirements in order to improving educational and functional model demonstration projects, reduce administrative burden. results for children with disabilities disseminating useful information, and Under section 609 of IDEA, the (hereafter in the priority, implementing activities that are waivers must be based upon proposals ‘‘administrative burdens’’) and supported by scientifically based submitted by States. In a Notice of developing comprehensive plans to research. Proposed Requirements that was reduce them. These activities include The purpose of the IDEA Paperwork published in the Federal Register on conducting a comprehensive review of Reduction Planning and June 5, 2020 (85 FR 34554), the local, State, and Federal IDEA Part B Implementation Program is to provide Department proposed requirements for requirements that lead to administrative competitive grants, including States to obtain waivers under section burdens, as well as, at the discretion of cooperative agreements, to SEAs to 609 of IDEA (the IDEA Paperwork the State, preparing IDEA Paperwork assist States in their work to reduce Reduction Waivers). We invited the Reduction Waivers for submission to the paperwork burden associated with the public to review that document in Department. requirements of IDEA Part B while conjunction with a notice of proposed Planning projects funded by the preserving the rights of children with priority and requirements (NPP) for this Department must achieve, at a disabilities and promoting academic program published in the Federal minimum, the following expected achievement. Register on May 29, 2020 (85 FR 32317) outcomes: Priority: These priorities are from the and identify any potential • notice of final priorities, requirements, Identification of the particular inconsistencies or implementation and selection criteria (NFP) for this sources and effects of administrative issues that may arise. program published elsewhere in this burdens on special education and other issue of the Federal Register. The Department also recognizes that teachers, related services providers, and Background: the implementation and evaluation of State and local administrators under The Secretary believes that all waivers granted under section 609 of IDEA Part B; and • students should be given the IDEA may require additional Federal A plan to reduce these opportunity to succeed and that their support. As such, the Department is administrative burdens. success should be the primary focus of making funding available to plan for, Under this priority, applicants must everyone in the educational system. and then implement, waivers of propose projects that meet the following When teachers, related services requirements under section 609 of IDEA programmatic requirements: providers, and administrators who serve to reduce excessive paperwork and non- (a) The project must meaningfully children with disabilities spend time instructional time burdens and thus consult a diverse group of stakeholders completing unnecessary paperwork, improve educational and functional on an ongoing basis to support the goals their ability to prioritize and focus on results for children with disabilities. and objectives of the project. Such a improving outcomes for children with States may apply for a planning grant group must include, at a minimum, disabilities is hampered. under Absolute Priority 1, an representatives of the following groups: In the 2004 reauthorization of IDEA, implementation grant under Absolute (i) Special education teachers and Congress recognized that some Federal Priority 2, or both. related services providers; IDEA Part B requirements could create Absolute Priority 1: For FY 2020 and (ii) Local special education excessive paperwork and any subsequent year in which we make administrators; noninstructional time burdens on awards from the list of unfunded (iii) Individuals with disabilities; special education teachers, related applications from this competition, this (iv) Parents of children with services providers, and State and local priority is an absolute priority. Under 34 disabilities, as defined in IDEA section administrators, thus diverting time and CFR 75.105(c)(3), we consider only 602(23), including representation of resources away from instruction and applications that meet this priority. Parent Training and Information Centers other activities that would improve This priority is: (PTIs) and (if applicable) Community educational and functional results for The Individuals with Disabilities Parent Resource Centers (CPRCs); and children with disabilities. Education Act (IDEA) Paperwork (v) The State Advisory Panel. As such, under section 609 of IDEA, Reduction Planning and (b) The project must prepare a plan Congress gave the Department limited that— authority to grant waivers of certain 1 For any State that receives a waiver of Federal (i) Identifies the State and local requirements of IDEA Part B. Waivers IDEA Part B requirements, the Secretary will statutory and regulatory requirements or may be granted to not more than 15 terminate the waiver if the Secretary determines policies, procedures, and practices that that the State failed to appropriately implement its exceed IDEA Part B statutory and States and for a period not to exceed waiver, or the Secretary determines the State needs four years. Further, the Secretary may assistance in implementing IDEA requirements and regulatory requirements and were not waive any statutory or regulatory the waiver has contributed to or caused such need considered for revision; provisions relating to applicable civil for assistance. The Secretary will also terminate the (ii) Describes the range of options waiver if the Secretary determines the State needs available to the State in reducing rights requirements or procedural intervention in implementing IDEA requirements, safeguards under section 615 of IDEA, or needs substantial intervention in implementing administrative burdens, including any and waivers may not adversely affect IDEA requirements. limitations on those options (e.g.,

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statutory or regulatory requirements, policies, procedures, or practices that policymakers, among others, in its judicial precedent); will reduce administrative burdens in development and operation. (iii) Establishes clear and achievable order to increase the time and resources Absolute Priority 2: For FY 2020 and timelines for reducing administrative available for instruction and other any subsequent year in which we make burdens; activities aimed at improving awards from the list of unfunded (iv) Identifies the anticipated benefits educational and functional results for applications from this competition, this of any potential reforms, including children with disabilities. priority is an absolute priority. Under 34 likely beneficiaries, and the magnitude (c) Demonstrate, in the narrative CFR 75.105(c)(3), we consider only and scope of anticipated benefits, such section of the application under applications that meet this priority. as reductions in administrative burden ‘‘Quality of the project design,’’ how the This priority is: hours and potential increases in the proposed project will— The Individuals with Disabilities time and resources available for (1) Meet the consultation Education Act (IDEA) Paperwork instruction and other activities intended requirements in paragraph (a) of the Reduction Planning and to improve educational and functional programmatic requirements of this Implementation Program— results for children with disabilities; priority, including, but not limited to, a Implementation Grants. (v) Identifies any Federal IDEA Part B proposed timeline for the consultation Implementation grants provide funds statutory or regulatory requirements for process, including a description of the for States to implement comprehensive which a waiver may be sought under methods of consultation (e.g., in-person plans to reduce administrative burdens section 609 of IDEA; and meetings, conference calls, emails); submitted by the State and approved by (vi) Describes the procedures the State (2) Identify local, State, or Federal the Secretary under section 609 of IDEA. will use to ensure that any waiver that IDEA Part B requirements, policies, This includes costs associated with may be sought in accordance with procedures, or practices that may developing products or materials that section 609 of IDEA will not— generate administrative burdens and are part of comprehensive plans, such as (A) Waive any statutory requirements may be reviewed by the project, creating information technology systems of, or regulatory requirements relating including any proposed criteria for that to automate paperwork, or creating new, to, applicable civil rights requirements review (e.g., frequency, complexity, streamlined paperwork to replace more or procedural safeguards under section number of staff affected, number of time-consuming paperwork. 615 of IDEA; and families affected); To be considered for funding under (B) Affect the right of a child with a (3) Assess the extent to which specific this priority, an applicant must meet the 2 disability to receive FAPE under IDEA sources of administrative burdens may following application requirements. Part B. affect educational and functional results Each applicant must— To be considered for funding under for children with disabilities; and (a) Demonstrate, in the narrative this priority, applicants must also meet (4) Produce and make publicly section of the application under the following application requirements. available a plan that meets the ‘‘Quality of the project design,’’ how the Each applicant must— requirements in paragraph (b) of the proposed project will— (a) Demonstrate, in the narrative programmatic requirements of this (1) Disseminate information about changes in processes, practices, and portion of the application under ‘‘Need priority and providing an opportunity procedures necessary to reduce for the project,’’ how the proposed for stakeholders enumerated in administrative burdens to all special project will identify administrative paragraph (a) of the programmatic education teachers, related services burdens. To meet this requirement, the requirements of this priority to providers, and State and local applicant must describe what it believes comment on the plan. to be— (d) Demonstrate, in the narrative administrators affected by the State’s (1) The approximate current section of the application under waiver under section 609 of IDEA (hereafter ‘‘affected staff’’), including— magnitude and scope of the ‘‘Quality of the management plan,’’ (i) The modes of communication the administrative burdens to be addressed; how— (2) The approximate current number project will use; (1) The proposed management plan (ii) The frequency of communication; of special education teachers, related will ensure that the project’s intended and services providers, and State and local outcomes will be achieved on time and (iii) The content of such administrators affected by those burdens within budget. To address this communications; and and the number of children with requirement, the applicant must (2) Support the training of all affected disabilities that they serve; and describe— staff regarding changes in processes, (3) The approximate current costs and (i) Clearly defined responsibilities for practices, and procedures necessary to benefits of those burdens on special key project personnel, consultants, and reduce administrative burdens, education teachers, related services subcontractors, as applicable; and including a description of the project’s providers, State and local (ii) Timelines and milestones for intended means of providing this administrators, and children with accomplishing the project tasks, training. disabilities (e.g., teacher retention, including the publication of the final (b) Demonstrate, in the narrative planning time, transparency for plan on the State’s website within three section of the application under families); months of the close of the project (b) Demonstrate, in the narrative period; 2 For any State that receives a waiver of Federal portion of the application under (2) Key project personnel and any IDEA Part B requirements, the Secretary will ‘‘Significance’’ how the proposed consultants and subcontractors will be terminate the waiver if the Secretary determines allocated and how these allocations are that the State failed to appropriately implement its planning project will— waiver, or the Secretary determines the State needs (1) Develop a plan to reduce appropriate and adequate to achieve the assistance in implementing IDEA requirements and administrative burdens and produce project’s intended outcomes; and the waiver has contributed to or caused such need meaningful and sustained change at the (3) The proposed project will benefit for assistance. The Secretary will also terminate the from a diversity of perspectives, waiver if the Secretary determines the State needs State or local level; and intervention in implementing IDEA requirements, (2) Develop proposals for changes to, including those of families, educators, or needs substantial intervention in implementing or waivers of, specific requirements, TA providers, researchers, and IDEA requirements.

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‘‘Quality of the management plan,’’ plan, including subsequent data Priority 2 without opportunity for how— collection; extension. (1) The proposed management plan (4) Provide a timeline for conducting (iii) If the Secretary denies the State will ensure that the project’s intended the evaluation and include staff an IDEA paperwork reduction waiver outcomes will be achieved on time and assignments for completing the under section 609 of IDEA, the project within budget. To address this evaluation; and period will end no more than 30 days requirement, the applicant must (5) Dedicate sufficient funds in each after the State’s receipt of the Secretary’s describe— budget year to cover the costs of decision, without opportunity for (i) Clearly defined responsibilities for developing, refining, and implementing extension. key project personnel, consultants, and the evaluation plan. Program Authority: 20 U.S.C. 1408 subcontractors, as applicable; and Requirements: These requirements are and 1463. (ii) Timelines and milestones for from the notice of final priorities, Applicable Regulations: (a) The accomplishing the project tasks; requirements, and selection criteria Education Department General (2) Key project personnel and any (NFP) for this program published Administrative Regulations in 34 CFR consultants and subcontractors will be elsewhere in this issue of the Federal parts 75, 77, 79, 81, 82, 84, 97, 98, and allocated and how these allocations are Register. 99. (b) The Office of Management and appropriate and adequate to achieve the Funding Eligibility Requirements: Budget Guidelines to Agencies on project’s intended outcomes; and (a) In order to receive funding for an Governmentwide Debarment and (3) The proposed project will benefit implementation grant an applicant must Suspension (Nonprocurement) in 2 CFR from a diversity of perspectives, already have a waiver under section 609 part 180, as adopted and amended as including those of families, educators, of IDEA approved by the Secretary. regulations of the Department in 2 CFR TA providers, researchers, and (b) For an applicant that receives a part 3485. (c) The Uniform policymakers, among others, in its grant under Absolute Priority 1— Administrative Requirements, Cost development and operation. (1) That does not submit a waiver Principles, and Audit Requirements for (c) Include, in the narrative section of proposal to the Secretary under section Federal Awards in 2 CFR part 200, as the application under ‘‘Quality of the 609 of the IDEA within 12 months of the adopted and amended as regulations of project evaluation,’’ an evaluation plan start of the project period, the grant will the Department in 2 CFR part 3474. (d) for the implementation project. The end after 12 months without The NFP. evaluation plan must— opportunity for extension; Note: The regulations in 34 CFR part 79 (1) Articulate formative and (2) That submits a waiver proposal to apply to all applicants except federally summative evaluation questions for the Secretary under section 609 of the recognized Indian Tribes. evaluating important processes and IDEA within 12 months of the start of outcomes, including whether, and how Note: Projects must be awarded and the project period, the project period effectively, the waiver— operated in a manner consistent with the (i) Reduces paperwork burden on will be automatically extended for a nondiscrimination requirements contained in teachers, principals, administrators, and period, not to exceed 6 months, during the U.S. Constitution and the Federal civil which the Secretary will consider the rights laws and consistent with the specific related services providers; requirements of section 609 of the IDEA. (ii) Reduces non-instructional time proposal; (i) While a State’s waiver proposal is spent by teachers in complying with II. Award Information IDEA Part B; under review, grantees may continue to (iii) Enhances longer-term educational access available remaining funds to Type of Award: Cooperative planning; conduct one or more of the following agreements. (iv) Improves positive outcomes, planning grant activities: Estimated Available Funds: including educational and functional (A) Responding to possible questions $3,750,000. results, for children with disabilities; from the Department regarding the Note: Applicants must submit a separate (v) Promotes collaboration between State’s proposal to obtain a waiver ED Form 524 and budget narrative for each individualized education program (IEP) under section 609 of IDEA and the IDEA absolute priority. Team members, including the parents of Paperwork Reduction Waivers; and Contingent upon the availability of the child; and (B) Continuing to develop, or funds and the quality of applications, (vi) Ensures satisfaction of family implement, planned activities to reduce we may make additional awards in FY members of children with disabilities administrative burdens. 2021 from the list of unfunded and teachers, principals, administrators, (ii) If the Secretary approves the applications from this competition. and related service providers; State’s IDEA paperwork reduction Estimated Range of Awards: (2) Describe how progress in, and waiver under section 609 of IDEA and $150,000-$400,000 (Priority 1); and fidelity of, implementation, as well as (A) The grantee received a grant under $250,000-$750,000 (Priority 2). project outcomes, will be measured to Priorities 1 and 2, the grantee may use Estimated Average Size of Awards: answer the evaluation questions; specify remaining funds and additional funding $500,000. the measures and associated obligated by the Department under this Estimated Number of Awards: 7. instruments or sources for data program to carry out activities under Note: The Department is not bound by any appropriate to the evaluation questions; Priority 2. estimates in this notice. and include information regarding (B) The grantee only received a grant Project Period: Up to 60 months. reliability and validity of measures under Priority 1, the grantee may where appropriate; continue to access available remaining III. Eligibility Information (3) Describe strategies for analyzing funds to ensure continuity of the project 1. Eligible Applicants: SEAs. data and how data collected as part of while applying for an implementation 2. Cost Sharing or Matching: This this plan will be used to inform and award under Absolute Priority 2. The program does not require cost sharing or improve service delivery over the course project period for the grant under matching. of the project and to refine the proposed Priority 2 must end no later than 45 3. Subgrantees: A grantee under this implementation project and evaluation days after an award is made under competition may not award subgrants to

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entities to directly carry out project • Use one of the following fonts: (i) The extent to which the design of activities described in its application. Times New Roman, Courier, Courier the proposed project will successfully Under 34 CFR 75.708(e), a grantee may New, or Arial. reduce administrative burdens and contract for supplies, equipment, and The recommended page limit does not increase the time and resources other services in accordance with 2 CFR apply to Part I, the cover sheet; Part II, available for instruction and other part 200. the budget section, including the activities aimed at improving 4. Other General Requirements: narrative budget justification; Part IV, educational and functional results for (a) Recipients of funding under this the assurances and certifications; or the children with disabilities. (NFP) competition must make positive efforts abstract (follow the guidance provided (ii) The extent to which the proposed to employ and advance in employment in the application package for project encourages and is responsive to qualified individuals with disabilities completing the abstract), the table of consumer involvement, including (see section 606 of IDEA). contents, the list of priority parental involvement. (NFP) (b) Applicants for, and recipients of, requirements, the resumes, the reference (iii) The extent to which the goals, funding must, with respect to the list, the letters of support, or the objectives, and outcomes to be achieved aspects of their proposed project appendices. However, the by the proposed project are clearly relating to the absolute priority, involve recommended page limit does apply to specified and measurable. (NFP) individuals with disabilities, or parents all of the application narrative, (iv) The extent to which the design for of individuals with disabilities ages including all text in charts, tables, implementing and evaluating the birth through 26, in planning, figures, graphs, and screen shots. proposed project will result in information to guide possible implementing, and evaluating the V. Application Review Information project (see section 682(a)(1)(A) of replication of project activities or IDEA). 1. Selection Criteria: The selection strategies, including information about criteria for this competition are from the the effectiveness of the approach or IV. Application and Submission notice of final priorities, requirements, strategies employed by the project. Information and selection criteria (NFP) for this (NFP) 1. Application Submission program published elsewhere in this (d) Quality of the management plan Instructions: Applicants are required to issue of the Federal Register and 34 (25 points) (Priorities 1 and 2). follow the Common Instructions for CFR 74.210 and are as follows: (1) The Secretary considers the Applicants to Department of Education (a) Need for the project (20 points) quality of the management plan for the Discretionary Grant Programs, (Priority 1 only). proposed project. published in the Federal Register on (1) The Secretary considers the need (2) In determining the quality of the February 13, 2019 (84 FR 3768), and for the proposed project. management plan for the proposed available at www.govinfo.gov/content/ (2) In determining the need for the project, the Secretary considers how the pkg/FR-2019-02-13/pdf/2019-02206.pdf, proposed project, the Secretary applicant will ensure that a diversity of which contain requirements and considers the following factors: perspectives is brought to bear in the information on how to submit an (i) The magnitude or severity of the operation of the proposed project, application. problem to be addressed by the including those of parents, teachers, 2. Intergovernmental Review: This proposed project. (34 CFR 75.210) related services providers, school administrators, and others, as competition is subject to Executive (ii) The extent to which specific gaps appropriate. (NFP) Order 12372 and the regulations in 34 or weaknesses in services, (e) Quality of the project evaluation CFR part 79. However, under 34 CFR infrastructure, or opportunities have (20 points) (Priority 2 only). 79.8(a), we waive intergovernmental been identified and will be addressed by (1) The Secretary considers the review in order to make an award by the the proposed project, including the quality of the evaluation to be end of FY 2020. nature and magnitude of those gaps or conducted of the proposed project. 3. Funding Restrictions: We reference weaknesses. (34 CFR 75.210) (2) In determining the quality of the regulations outlining funding (b) Significance (25 points) (Priorities evaluation, the Secretary considers the restrictions in the Applicable 1 and 2). following factors: Regulations section of this notice. (1) The Secretary considers the (i) The extent to which the methods 4. Recommended Page Limit: The significance of the proposed project. of evaluation are thorough, feasible, and application narrative (Part III of the (2) In determining the significance of appropriate to the goals, objectives, and application) is where you, the applicant, the proposed project, the Secretary outcomes of the proposed project. (34 address the selection criteria that considers the likelihood that the CFR 75.210) reviewers use to evaluate your proposed project will reduce (ii) The extent to which the methods application. We recommend that you (1) administrative burdens and increase the of evaluation provide for examining the limit the application narrative to no time and resources available for effectiveness of project implementation more than 70 pages and (2) use the instruction and other activities aimed at strategies. (34 CFR 75.210) following standards: improving educational and functional (iii) The extent to which the methods • A ‘‘page’’ is 8.5″ x 11″, on one side results for children with disabilities. of evaluation will provide performance only, with 1″ margins at the top, bottom, (NFP) feedback and permit periodic and both sides. (c) Quality of the project design (30 assessment of progress toward achieving • Double-space (no more than three points) (Priorities 1 and 2). intended outcomes. (34 CFR 75.210) lines per vertical inch) all text in the (1) The Secretary considers the (iv) The extent to which the methods application narrative, including titles, quality of the design of the proposed of evaluation include the use of headings, footnotes, quotations, project. objective performance measures that are reference citations, and captions, as well (2) In determining the quality of the clearly related to the intended outcomes as all text in charts, tables, figures, design of the proposed project, the of the project and will produce graphs, and screen shots. Secretary considers the following quantitative and qualitative data to the • Use a font that is 12 point or larger. factors: extent possible. (34 CFR 75.210)

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2. Review and Selection Process: We 5. Integrity and Performance System: consists of modifications to pre-existing remind potential applicants that in If you are selected under this works, the license extends only to those reviewing applications in any competition to receive an award that modifications that can be separately discretionary grant competition, the over the course of the project period identified and only to the extent that Secretary may consider, under 34 CFR may exceed the simplified acquisition open licensing is permitted under the 75.217(d)(3), the past performance of the threshold (currently $250,000), under 2 terms of any licenses or other legal applicant in carrying out a previous CFR 200.205(a)(2) we must make a restrictions on the use of pre-existing award, such as the applicant’s use of judgment about your integrity, business works. Additionally, a grantee that is funds, achievement of project ethics, and record of performance under awarded competitive grant funds must objectives, and compliance with grant Federal awards—that is, the risk posed have a plan to disseminate these public conditions. The Secretary may also by you as an applicant—before we make grant deliverables. This dissemination consider whether the applicant failed to an award. In doing so, we must consider plan can be developed and submitted submit a timely performance report or any information about you that is in the after your application has been submitted a report of unacceptable integrity and performance system reviewed and selected for funding. For quality. (currently referred to as the Federal additional information on the open In addition, in making a competitive Awardee Performance and Integrity licensing requirements please refer to 2 grant award, the Secretary requires Information System (FAPIIS)), CFR 3474.20. various assurances, including those accessible through the System for 4. Reporting: (a) If you apply for a applicable to Federal civil rights laws Award Management. You may review grant under this competition, you must that prohibit discrimination in programs and comment on any information about ensure that you have in place the or activities receiving Federal financial yourself that a Federal agency necessary processes and systems to assistance from the Department (34 CFR previously entered and that is currently comply with the reporting requirements 100.4, 104.5, 106.4, 108.8, and 110.23). in FAPIIS. in 2 CFR part 170 should you receive 3. Additional Review and Selection Please note that, if the total value of funding under the competition. This Process Factors: In the past, the your currently active grants, cooperative does not apply if you have an exception Department has had difficulty finding agreements, and procurement contracts under 2 CFR 170.110(b). peer reviewers for certain competitions from the Federal Government exceeds (b) At the end of your project period, because so many individuals who are $10,000,000, the reporting requirements you must submit a final performance eligible to serve as peer reviewers have in 2 CFR part 200, Appendix XII, report, including financial information, conflicts of interest. The standing panel require you to report certain integrity as directed by the Secretary. If you requirements under section 682(b) of information to FAPIIS semiannually. receive a multiyear award, you must IDEA also have placed additional Please review the requirements in 2 CFR submit an annual performance report constraints on the availability of part 200, Appendix XII, if this grant that provides the most current reviewers. Therefore, the Department plus all the other Federal funds you performance and financial expenditure has determined that for some receive exceed $10,000,000. information as directed by the Secretary discretionary grant competitions, under 34 CFR 75.118. The Secretary applications may be separated into two VI. Award Administration Information may also require more frequent or more groups and ranked and selected 1. Award Notices: If your application performance reports under 34 CFR for funding within specific groups. This is successful, we notify your U.S. 75.720(c). For specific requirements on procedure will make it easier for the Representative and U.S. Senators and reporting, please go to www.ed.gov/ Department to find peer reviewers by send you a Grant Award Notification fund/grant/apply/appforms/ ensuring that greater numbers of (GAN); or we may send you an email appforms.html. individuals who are eligible to serve as containing a link to access an electronic 5. Performance Measures: Under the reviewers for any particular group of version of your GAN. We may notify Government Performance Results applicants will not have conflicts of you informally, also. Modernization Act of 2010, the interest. It also will increase the quality, If your application is not evaluated or Department has established a set of independence, and fairness of the not selected for funding, we notify you. performance measures that are designed review process, while permitting panel 2. Administrative and National Policy to yield information on various aspects members to review applications under Requirements: We identify of the effectiveness and quality of the discretionary grant competitions for administrative and national policy Technical Assistance and Dissemination which they also have submitted requirements in the application package to Improve Services and Results for applications. and reference these and other Children With Disabilities program. 4. Risk Assessment and Specific requirements in the Applicable These measures are: Conditions: Consistent with 2 CFR Regulations section of this notice. • Program Performance Measure 1: 200.205, before awarding grants under We reference the regulations outlining The number of administrative burdens this competition the Department the terms and conditions of an award in identified for reduction. conducts a review of the risks posed by the Applicable Regulations section of • Program Performance Measure 2: applicants. Under 2 CFR 3474.10, the this notice and include these and other The number of special education Secretary may impose specific specific conditions in the GAN. The teachers, related services providers, and conditions and, in appropriate GAN also incorporates your approved administrators impacted by the circumstances, high-risk conditions on a application as part of your binding proposed burden reduction. grant if the applicant or grantee is not commitments under the grant. • Program Performance Measure 3: financially stable; has a history of 3. Open Licensing Requirements: The estimated change in hours spent by unsatisfactory performance; has a Unless an exception applies, if you are teachers, related services providers and financial or other management system awarded a grant under this competition, administrators on compliance with that does not meet the standards in 2 you will be required to openly license administrative burdens as a result of the CFR part 200, subpart D; has not to the public grant deliverables created proposed burden reduction. fulfilled the conditions of a prior grant; in whole, or in part, with Department The measures apply to projects or is otherwise not responsible. grant funds. When the deliverable funded under this competition, and

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grantees are required to submit data on your search to documents published by Education is especially interested in these measures as directed by the Office the Department. public comment addressing the of Special Education Programs (OSEP). following issues: (1) Is this collection Mark Schultz, Grantees will be required to report necessary to the proper functions of the information on their project’s Commissioner, Rehabilitation Services Department; (2) will this information be Administration. Delegated the authority to processed and used in a timely manner; performance in annual and final perform the functions and duties of the performance reports to the Department Assistant Secretary for the Office of Special (3) is the estimate of burden accurate; (34 CFR 75.590). Education and Rehabilitative Services. (4) how might the Department enhance The Department will also closely [FR Doc. 2020–17218 Filed 8–4–20; 11:15 am] the quality, utility, and clarity of the information to be collected; and (5) how monitor the extent to which the BILLING CODE 4000–01–P products and services provided by the might the Department minimize the Center meet the needs identified by burden of this collection on the stakeholders and may require the Center DEPARTMENT OF EDUCATION respondents, including through the use to report on such alignment in their of information technology. Please note annual and final performance reports. Agency Information Collection that written comments received in 6. Continuation Awards: In making a Activities; Submission to the Office of response to this notice will be continuation award under 34 CFR Management and Budget for Review considered public records. 75.253, the Secretary considers, among and Approval; Comment Request; Title of Collection: Application Forms other things: Whether a grantee has Application Forms and Instructions for and Instructions for the National made substantial progress in achieving the National Resource Centers Resource Centers (84.015A) and Foreign the goals and objectives of the project; (84.015A) and Foreign Language and Language and Area Studies Fellowships whether the grantee has expended funds Area Studies Fellowships (84.015B) (84.015B) Programs. in a manner that is consistent with its Programs OMB Control Number: 1840–0807. Type of Review: An extension of an approved application and budget; and, AGENCY: Department of Education (ED). existing information collection. if the Secretary has established Respondents/Affected Public: Private performance measurement ACTION: Notice. Sector. requirements, the performance targets in SUMMARY: In accordance with the Total Estimated Number of Annual the grantee’s approved application. Paperwork Reduction Act of 1995, ED is Responses: 165. In making a continuation award, the proposing an extension of an existing Total Estimated Number of Annual Secretary also considers whether the information collection. Burden Hours: 17,325. grantee is operating in compliance with DATES: Interested persons are invited to Abstract: This information collection the assurances in its approved submit comments on or before (OMB 1840–0807) includes application application, including those applicable September 8, 2020. instructions and forms for the National to Federal civil rights laws that prohibit Resource Centers (NRC) Program (CFDA ADDRESSES: Written comments and discrimination in programs or activities Number 84.015A) and the Foreign recommendations for proposed receiving Federal financial assistance Language and Area Studies (FLAS) information collection requests should from the Department (34 CFR 100.4, Fellowships Program (CFDA Number be sent within 30 days of publication of 104.5, 106.4, 108.8, and 110.23). 84.015B), authorized under Title VI of this notice to www.reginfo.gov/public/ the Higher Education Act of 1965, as VII. Other Information do/PRAMain. Find this particular amended (20 U.S.C. Section 1122). The information collection request by Accessible Format: Individuals with type of collection is an extension of a selecting ‘‘Department of Education’’ disabilities can obtain this document previously-approved information under ‘‘Currently Under Review,’’ then and a copy of the application package in collection (application). an accessible format (e.g., braille, large check ‘‘Only Show ICR for Public The NRC Program provides grants to print, audiotape, or compact disc) on Comment’’ checkbox. institutions of higher education (IHE) or request to the program contact person FOR FURTHER INFORMATION CONTACT: For consortia of IHEs to establish, listed under FOR FURTHER INFORMATION specific questions related to collection strengthen, and operate comprehensive CONTACT. activities, please contact Sarah Beaton, and undergraduate foreign language and Electronic Access to This Document: 202–453–7221. area or international studies centers. The official version of this document is SUPPLEMENTARY INFORMATION: The These centers serve as centers of the document published in the Federal Department of Education (ED), in excellence for world language training Register. You may access the official accordance with the Paperwork and teaching, research, and instruction edition of the Federal Register and the Reduction Act of 1995 (PRA) (44 U.S.C. in fields needed to provide full Code of Federal Regulations at 3506(c)(2)(A)), provides the general understanding of areas, regions, or www.govinfo.gov. At this site you can public and Federal agencies with an countries where the languages are view this document, as well as all other opportunity to comment on proposed, commonly used. The FLAS Fellowship documents of this Department revised, and continuing collections of Program awards allocations of published in the Federal Register, in information. This helps the Department fellowships, through institutions of text or Portable Document Format assess the impact of its information higher education, to meritorious (PDF). To use PDF you must have collection requirements and minimize students enrolled in programs that offer Adobe Acrobat Reader, which is the public’s reporting burden. It also performance-based instruction in world available free at the site. helps the public understand the languages in combination with area You may also access documents of the Department’s information collection studies, international studies, or the Department published in the Federal requirements and provide the requested international aspects of professional Register by using the article search data in the desired format. ED is studies. feature at www.federalregister.gov. soliciting comments on the proposed Together, these programs respond to Specifically, through the advanced information collection request (ICR) that the ongoing national need for search feature at this site, you can limit is described below. The Department of individuals with expertise and

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competence in world languages and area Grant Programs, published in the (h) Studies and surveys of the use of or international studies; advance Federal Register on February 13, 2019 technologies in foreign language, area national security by developing a (84 FR 3768), and available at studies, and international studies pipeline of highly proficient linguists www.govinfo.gov/content/pkg.FR-2019- programs; and experts in critical world regions; 02-13/pdf/2019-02206.pdf. (i) Studies and evaluations of effective and contribute to developing a globally FOR FURTHER INFORMATION CONTACT: practices in the dissemination of competent workforce able to engage Cheryl E. Gibbs, U.S. Department of international information, materials, with a multilingual/multicultural Education, 400 Maryland Avenue SW, research, teaching strategies, and testing clientele at home and abroad. Approval Room 257–09, Washington, DC 20202. techniques throughout the educational of this collection is necessary in order Telephone: (202) 453–5690. Email: community, including elementary and to conduct fiscal year (FY) 2022 [email protected]. secondary schools; program competitions. If you use a telecommunications (j) Evaluations of the extent to which This collection is being submitted device for the deaf (TDD) or a text programs assisted under title VI of the under the Streamlined Clearance telephone (TTY), call the Federal Relay HEA reflect diverse perspectives and a Process for Discretionary Grant Service (FRS), toll free, at 1–800–877– wide range of views and generate debate Information Collections (1894–0001). 8339. on world regions and international Therefore, the 30-day public comment affairs, as described in the grantee’s SUPPLEMENTARY INFORMATION: period notice will be the only public application; comment notice published for this Full Text of Announcement (k) Systematic collection, analysis, information collection request.’’ and dissemination of data that I. Funding Opportunity Description contribute to achieving the purposes of Dated: August 3, 2020. Purpose of Program: The IRS program title VI, part A of the HEA; and Kate Mullan, provides grants to institutions, public (l) Support for programs or activities PRA Coordinator, Strategic Collections and and private agencies, organizations, and to make data collected, analyzed, or Clearance, Governance and Strategy Division, individuals to conduct research and disseminated under 20 U.S.C. 1125 Office of Chief Data Officer, Office of studies to improve and strengthen publicly available and easy to Planning, Evaluation and Policy Development. instruction in modern foreign languages, understand. area studies, and other international Priorities: Under this competition [FR Doc. 2020–17160 Filed 8–5–20; 8:45 am] fields. there are three competitive preference BILLING CODE 4000–01–P The research and studies may priorities. In accordance with 34 CFR include, but are not limited to— 75.105(b)(2)(ii), these priorities are from (a) Studies and surveys to determine DEPARTMENT OF EDUCATION regulations (34 CFR 660.1). needs for increased or improved In this competition, the Department Applications for New Awards; instruction in modern foreign languages, invites applicants to submit an International Research and Studies area studies, or other international application to request support for either Program—Research, Studies, and fields, including the demand for foreign a Research, Studies, and Surveys project Surveys; and Specialized Instructional language, area, or other international or a Specialized Instructional Materials Materials specialists in government, education, project. Applicants must provide in and the private sector; section 15 of the SF 424 Application for AGENCY: Office of Postsecondary (b) Research on more effective Federal Assistance, a description that Education, Department of Education. methods of providing instruction and clearly identifies the type of IRS project ACTION: Notice. achieving competency in foreign for which funding is requested. languages, area studies, or other Additional submission details are SUMMARY: The Department of Education international fields; included in the application package. (Department) is issuing a notice inviting (c) Research on applying performance Competitive Preference Priorities: For applications for fiscal year (FY) 2020 for tests and standards across all areas of FY 2020 and any subsequent year in the International Research and Studies foreign language instruction and which we make awards from the list of (IRS) program, Catalog of Federal classroom use; unfunded applications from this Domestic Assistance (CFDA) number (d) Developing and publishing competition, these priorities are 84.017A. This notice relates to the specialized materials for use in foreign competitive preference priorities. Under approved information collection under language, area studies, and other 34 CFR 75.105(c)(2)(i), we award an OMB control number 1840–0795. international fields or for training additional five points to an application DATES: Applications Available: August foreign language, area, and other that meets one of Competitive 6, 2020. international specialists; Preference Priority 1, Competitive Deadline for Transmittal of (e) Studies and surveys to assess the Preference 2, or Competitive Preference Applications: September 8, 2020. use of graduates of programs supported Priority 3. An applicant may receive Pre-Application Webinar Information: under title VI of the HEA by points under only one competitive The Department will hold a pre- governmental, educational, and private- preference priority. In the application application meeting via webinar for sector organizations and other studies project abstract, you must indicate the prospective applicants. Detailed assessing the outcomes and selected competitive preference priority information regarding the webinar will effectiveness of supported programs; being addressed by the FY 2020 be provided on the website for the IRS (f) Comparative studies of the proposed project and provide a program at www.ed.gov/programs/ effectiveness of strategies to provide substantive description of how the iegpsirs/index.html. international capabilities at institutions project activities meet the priority. ADDRESSES: For the addresses for of higher education; These priorities are: obtaining and submitting an (g) Evaluation of the extent to which Competitive Preference Priority 1. (5 application, please refer to our Common programs assisted under title VI of the points). Instructions for Applicants to HEA that address national needs would Research on more effective methods Department of Education Discretionary not otherwise be offered; of providing instruction and achieving

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competency in modern foreign IV. Application and Submission references, and captions, as well as all languages, area studies, or other Information text in charts, tables, figures, and international fields. graphs. 1. Application Submission • Competitive Preference Priority 2. (5 Instructions: Applicants are required to Use a font that is either 12 point or points). follow the Common Instructions for larger or no smaller than 10 pitch Studies and surveys to assess the use Applicants to Department of Education (characters per inch). of graduates of programs supported • Use one of the following fonts: Discretionary Grant Programs, under title VI of the HEA by Times New Roman, Courier, Courier published in the Federal Register on governmental, educational, and private- New, or Arial. February 13, 2019 (84 FR 3768), and sector organizations and other studies The recommended page limit does not available at www.govinfo.gov/content/ assessing the outcomes and apply to Part I, Application for Federal pkg/FR-2019-02-13/pdf/2019-02206.pdf, effectiveness of supported programs. Assistance cover sheet (SF 424); the which contain requirements and Competitive Preference Priority 3. (5 Supplemental Information For SF 424B; information on how to submit an points). Part II, ED 524 (Summary Budget A) and Developing and publishing application. the detailed budget justification 2. Submission of Proprietary specialized materials for use in foreign (Summary Budget C); or Part IV, Information: Given the types of projects language, area studies, and other assurances and certifications. The that may be proposed in applications for international fields or for training recommended page limit also does not the IRS grant competition, your foreign language, area, and other apply to the project abstract, curriculum application may include business international specialists. vitae, or letters of support. However, the information that you consider Program Authority: 20 U.S.C. 1125. recommended page limit does apply to proprietary. In 34 CFR 5.11 we define Applicable Regulations: (a) The the entire application narrative. Education Department General ‘‘business information’’ and describe the Administrative Regulations in 34 CFR process we use in determining whether V. Application Review Information parts 75, 77, 79, 81, 82, 84, 86, 97, 98, any of that information is proprietary 1. Selection Criteria: The selection and 99. (b) The Office of Management and, thus, protected from disclosure criteria for this competition are from 34 and Budget Guidelines to Agencies on under Exemption 4 of the Freedom of CFR 655.31, 660.31, 660.32, and 660.33. Governmentwide Debarment and Information Act (5 U.S.C. 552, as The total maximum score for the Suspension (Nonprocurement) in 2 CFR amended). Because we plan to post on selection criteria and the selected part 180, as adopted and amended as our website a selection of FY 2020 IRS competitive preference priority is 100 regulations of the Department in 2 CFR funded abstracts and applications’ points for applications for research, part 3485. (c) The Uniform narrative sections, you may wish to studies, and surveys; and the total Administrative Requirements, Cost request confidentiality of business maximum score for the selection criteria Principles, and Audit Requirements for information. and the selected competitive preference Federal Awards in 2 CFR part 200, as Consistent with Executive Order priority is 100 points for specialized adopted and amended as regulations of 12600, please designate in your instructional materials projects. The the Department in 2 CFR part 3474. (d) application any information that you maximum score for each criterion is The regulations for this program in 34 believe is exempt from disclosure under indicated in parentheses. CFR parts 655 and 660. Exemption 4. In the appropriate Appendix section of your application, Note: Applications for a research project, Note: The regulations in 34 CFR part 86 under ‘‘Other Attachments Form,’’ study, or a survey will be evaluated using the criteria in 34 CFR 655.31 and 660.32. apply to institutions of higher education please list the page number or numbers only. Applications for the development of on which we can find this information. specialized instructional materials will be II. Award Information For additional information please see 34 evaluated using the selection criteria in 34 CFR 5.11(c). CFR 655.31 and 660.33. Type of Award: Discretionary grants. 3. Intergovernmental Review: This The Secretary uses the following Estimated Available Funds: $900,000. program is not subject to Executive Contingent upon the availability of criteria to evaluate applications for a Order 12372 and the regulations in 34 research project, study, or a survey: funds and the quality of applications, CFR part 79. we may make additional awards in FY (a) Plan of operation (up to 10 points). 4. Funding Restrictions: We reference (1) The Secretary reviews each 2021 from the list of unfunded regulations outlining funding applications from this competition. application for information that shows restrictions in the Applicable the quality of the plan of operation for Estimated Range of Awards: $36,000– Regulations section of this notice. $60,000 for each 12-month budget the project. 5. Recommended Page Limit: The (2) The Secretary looks for period. application narrative (Part III of the Estimated Average Size of Awards: information that shows– application) is where you, the applicant, (i) High quality in the design of the $48,000. address the selection criteria that Estimated Number of Awards: 18. project; reviewers use to evaluate the (ii) An effective plan of management Note: The Department is not bound by any application. We recommend that you (1) that ensures proper and efficient estimates in this notice. limit the application narrative to no administration of the project; Project Period: Up to 36 months. more than 30 pages and (2) use the (iii) A clear description of how the following standards: objectives of the project relate to the III. Eligibility Information • A page is 8.5″ x 11″, on one side purpose of the program; 1. Eligible Applicants: Public and only, with 1″ margins at the top, bottom, (iv) The way the applicant plans to private agencies, organizations, and both sides. use its resources and personnel to institutions, and individuals. • Double space (no more than three achieve each objective; and 2. Cost Sharing or Matching: This lines per vertical inch) all text in the (v) A clear description of how the program does not require cost sharing or application narrative, except titles, applicant will provide equal access and matching. headings, footnotes, quotations, treatment for eligible project

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participants who are members of groups that the applicant plans to devote (2) The size, scope, and duration of that have been traditionally adequate resources to the project. the proposed project. underrepresented, such as members of (2) The Secretary looks for The Secretary uses the following racial or ethnic minority groups, information that shows— criteria to evaluate applications for women, and handicapped persons. (i) Other than library, facilities that development of specialized (b) Quality of key personnel (up to 10 the applicant plans to use are adequate instructional materials: points). (language laboratory, museums, etc.); (a) Plan of operation (up to 10 points). (1) The Secretary reviews each and (1) The Secretary reviews each application for information that shows (ii) The equipment and supplies that application for information that shows the quality of the key personnel the the applicant plans to use are adequate. the quality of the plan of operation for applicant plans to use on the project. (f) Need for the project (up to 10 the project. (2) The Secretary looks for points). (2) The Secretary looks for information that shows— The Secretary reviews each information that shows– (i) The qualifications of the project application for information that (i) High quality in the design of the director (if one is to be used); shows— project; (ii) The qualifications of each of the (1) A need for the proposed project in (ii) An effective plan of management other key personnel to be used in the the field of study on which the project that ensures proper and efficient project. In the case of faculty, the focuses; and administration of the project; qualifications of the faculty and the (2) That the proposed project will (iii) A clear description of how the degree to which that faculty is directly provide information about the present objectives of the project relate to the involved in the actual teaching and and future needs of the United States for purpose of the program; supervision of students; study in foreign language and other (iv) The way the applicant plans to (iii) The time that each person international fields. use its resources and personnel to referred to in paragraphs (b)(2)(i) and (ii) (g) Usefulness of expected results (up achieve each objective; and of this section plans to commit to the to 10 points). (v) A clear description of how the project; and The Secretary reviews each applicant will provide equal access and (iv) The extent to which the applicant, application for information that shows treatment for eligible project as part of its nondiscriminatory the extent to which the results of the participants who are members of groups employment practices, encourages proposed project are likely to be used by that have been traditionally applications for employment from other research projects or programs with underrepresented, such as members of persons who are members of groups that similar objectives. racial or ethnic minority groups, have been traditionally (h) Development of new knowledge women, and handicapped persons. underrepresented, such as members of (up to 10 points). (b) Quality of key personnel (up to 10 racial or ethnic minority groups, The Secretary reviews each points). women, handicapped persons, and the application for information that shows (1) The Secretary reviews each elderly. that the extent to which the proposed application for information that shows (3) To determine the qualifications of project is likely to develop new the quality of the key personnel the a person, the Secretary considers knowledge that will contribute to the applicant plans to use on the project. evidence of past experience and purposes of the International Education (2) The Secretary looks for training, in fields related to the Program authorized by part A of title VI information that shows— objectives of the project, as well as other of the HEA. (i) The qualifications of the project information that the applicant provides. director (if one is to be used); (c) Budget and cost effectiveness (up (i) Formulation of problems and knowledge of related research (up to 10 (ii) The qualifications of each of the to 5 points). other key personnel to be used in the (1) The Secretary reviews each points). project. In the case of faculty, the application for information that shows The Secretary reviews each qualifications of the faculty and the that the project has an adequate budget application for information that shows degree to which that faculty is directly and is cost effective. that problems, questions, or hypotheses (2) The Secretary looks for to be dealt with by the applicant— involved in the actual teaching and information that shows— (1) Are well formulated; and supervision of students; (i) The budget for the project is (2) Reflect adequate knowledge of (iii) The time that each person adequate to support the project related research. referred to in paragraphs (b)(2)(i) and (ii) activities; and (j) Specificity of statement of of this section plans to commit to the (ii) Costs are reasonable in relation to procedures (up to 5 points). project; and the objectives of the project. The Secretary reviews each (iv) The extent to which the applicant, (d) Evaluation plan (up to 10 points). application for the specificity and as part of its nondiscriminatory (1) The Secretary reviews each completeness of the statement of employment practices, encourages application for information that shows procedures to be followed, including a applications for employment from the quality of the evaluation plan for the discussion of such components as persons who are members of groups that project. sampling techniques, controls, data to have been traditionally (2) The Secretary looks for be gathered, and statistical and other underrepresented, such as members of information that shows methods of analyses to be undertaken. racial or ethnic minority groups, evaluation that are appropriate for the (k) Adequacy of methodology and women, handicapped persons, and the project and, to the extent possible, are scope of project (up to 10 points). elderly. objective and produce data that are The Secretary reviews each (3) To determine the qualifications of quantifiable. application for information that a person, the Secretary considers (e) Adequacy of resources (up to 5 shows— evidence of past experience and points). (1) The adequacy of the proposed training, in fields related to the (1) The Secretary reviews each teaching, testing, and research objectives of the project, as well as other application for information that shows methodology; and information that the applicant provides.

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(c) Budget and cost effectiveness (up (2) The proposed materials will not conditions on a grant if the applicant or to 5 points). duplicate any existing adequate grantee is not financially stable; has a (1) The Secretary reviews each materials. history of unsatisfactory performance; application for information that shows (i) Likelihood of achieving results (up has a financial or other management that the project has an adequate budget to 10 points). system that does not meet the standards and is cost effective. The Secretary reviews each in 2 CFR part 200, subpart D; has not (2) The Secretary looks for application for information that shows fulfilled the conditions of a prior grant; information that shows— that the outlined methods and or is otherwise not responsible. (i) The budget for the project is procedures for preparing the materials 4. Integrity and Performance System: adequate to support the project are practicable and can be expected to If you are selected under this activities; and produce the anticipated results. competition to receive an award that (ii) Costs are reasonable in relation to (j) Expected contribution to other over the course of the project period the objectives of the project. programs (up to 10 points). may exceed the simplified acquisition (d) Evaluation plan (up to 10 points). The Secretary reviews each threshold (currently $250,000), under 2 (1) The Secretary reviews each application for information that shows application for information that shows CFR 200.205(a)(2) we must make a the extent to which the proposed work judgment about your integrity, business the quality of the evaluation plan for the may contribute significantly to project. ethics, and record of performance under strengthening, expanding, or improving Federal awards—that is, the risk posed (2) The Secretary looks for programs of foreign language studies, information that shows methods of by you as an applicant—before we make area studies, or international studies in an award. In doing so, we must consider evaluation that are appropriate for the the United States. project and, to the extent possible, are any information about you that is in the (k) Description of final form of integrity and performance system objective and produce data that are materials (up to 5 points). quantifiable. (currently referred to as the Federal The Secretary reviews each Awardee Performance and Integrity (e) Adequacy of resources (up to 5 application for information that shows a points). Information System (FAPIIS)), high degree of specificity in the accessible through the System for (1) The Secretary reviews each description of the contents and final application for information that shows Award Management. You may review form of the proposed materials. and comment on any information about that the applicant plans to devote (l) Provisions for pretesting and yourself that a Federal agency adequate resources to the project. revision (up to 5 points). previously entered and that is currently (2) The Secretary looks for The Secretary reviews each in FAPIIS. information that shows— application for information that shows (i) Other than library, facilities that that adequate provision has been made Please note that, if the total value of the applicant plans to use are adequate for— your currently active grants, cooperative (language laboratory, museums, etc.); (1) Pretesting the proposed materials; agreements, and procurement contracts and and from the Federal Government exceeds (ii) The equipment and supplies that (2) If necessary, revising the proposed $10,000,000, the reporting requirements the applicant plans to use are adequate. materials before publication. in 2 CFR part 200, Appendix XII, (f) Need for the project (up to 10 2. Review and Selection Process: We require you to report certain integrity points). remind potential applicants that in information to FAPIIS semiannually. The Secretary reviews each reviewing applications in any Please review the requirements in 2 CFR application for information that shows discretionary grant competition, the part 200, Appendix XII, if this grant that— Secretary may consider, under 34 CFR plus all the other Federal funds you (1) The proposed materials are needed receive exceed $10,000,000. in the educational field of study on 75.217(d)(3), the past performance of the which the project focuses; and applicant in carrying out a previous VI. Award Administration Information award, such as the applicant’s use of (2) The language or languages, the 1. Award Notices: If your application area, region, or country, or the issues or funds, achievement of project objectives, and compliance with grant is successful, we notify your U.S. studies for which the materials are to be Representative and U.S. Senators and developed, are of sufficient priority and conditions. The Secretary may also consider whether the applicant failed to send you a Grant Award Notification significance to the national interest to (GAN); or we may send you an email warrant financial support by the Federal submit a timely performance report or submitted a report of unacceptable containing a link to access an electronic Government. version of your GAN. We may notify (g) Potential for the use of materials quality. you informally, also. in other programs (up to 10 points). In addition, in making a competitive The Secretary reviews each grant award, the Secretary requires If your application is not evaluated or application for information that shows various assurances including those not selected for funding, we notify you. the extent to which the proposed applicable to Federal civil rights laws 2. Administrative and National Policy materials may be used elsewhere in the that prohibit discrimination in programs Requirements: We identify United States. or activities receiving Federal financial administrative and national policy (h) Account of related materials (up to assistance from the Department (34 CFR requirements in the application package 5 points). 100.4, 104.5, 106.4, 108.8, and 110.23). and reference these and other The Secretary reviews each 3. Risk Assessment and Specific requirements in the Applicable application for information that shows Conditions: Consistent with 2 CFR Regulations section of this notice. that— 200.205, before awarding grants under We reference the regulations outlining (1) All existing related or similar this program the Department conducts a the terms and conditions of an award in materials have been accounted for and review of the risks posed by applicants. the Applicable Regulations section of the critical commentary on their Under 2 CFR 3474.10, the Secretary may this notice and include these and other adequacy is appropriate and accurate; impose specific conditions and, in specific conditions in the GAN. The and appropriate circumstances, high-risk GAN also incorporates your approved

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application as part of your binding 5. Performance Measures: The Adobe Acrobat Reader, which is commitments under the grant. following performance measures have available free at the site. 3. Open Licensing Requirements: been established to assess the You may also access documents of the Unless an exception applies, if you are effectiveness of the IRS program: Department published in the Federal awarded a grant under this competition, 1. Percentage of IRS projects that are Register by using the article search you will be required to openly license focused on improving or strengthening feature at: www.federalregister.gov. to the public grant deliverables created K–16 instruction in less commonly Specifically, through the advanced in whole, or in part, with Department taught languages, area studies, or other search feature at this site, you can limit grant funds. When the deliverable international fields. your search to documents published by consists of modifications to pre-existing 2. Percentage of IRS projects that are the Department. works, the license extends only to those focused on the evaluation of the modifications that can be separately outcomes and effectiveness of Title VI- Robert L. King, identified and only to the extent that Fulbright-Hays International Education Assistant Secretary for Postsecondary open licensing is permitted under the programs in addressing national needs. Education. terms of any licenses or other legal 3. Percentage of IRS projects that [FR Doc. 2020–17170 Filed 8–4–20; 11:15 am] restrictions on the use of pre-existing result in information from IRS studies, BILLING CODE 4000–01–P works. Additionally, a grantee or surveys, or research on language, area, subgrantee that is awarded competitive and international studies being made grant funds must have a plan to available and accessible to the public. DEPARTMENT OF EDUCATION disseminate these public grant 4. The cost per IRS project that is focused on improving or strengthening Notice of Waivers Granted Under deliverables. This dissemination plan Section 3511 of the Coronavirus Aid, can be developed and submitted after K–16 instruction in modern foreign languages, area studies, and other Relief, and Economic Security your application has been reviewed and (CARES) Act selected for funding. For additional international fields. 6. Continuation Awards: In making a information on the open licensing AGENCY: continuation award under 34 CFR Office of Career, Technical, and requirements please refer to 2 CFR 75.253, the Secretary considers, among Adult Education, Department of 3474.20. other things: Whether a grantee has Education. 4. Reporting: (a) If you apply for a made substantial progress in achieving ACTION: Notice. grant under this competition, you must the goals and objectives of the project; ensure that you have in place the whether the grantee has expended funds SUMMARY: In this notice, we announce necessary processes and systems to in a manner that is consistent with its waivers that the Department of comply with the reporting requirements approved application and budget; and, Education (Department) granted, within in 2 CFR part 170 should you receive if the Secretary has established the last 30 days, under the CARES Act. funding under the competition. This performance measurement FOR FURTHER INFORMATION CONTACT: does not apply if you have an exception requirements, the performance targets in Hugh Reid, U.S. Department of under 2 CFR 170.110(b). the grantee’s approved application. Education, 400 Maryland Avenue SW, (b) At the end of your project period, In making a continuation award, the Room 11114, Potomac Center Plaza, you must submit a final performance Secretary also considers whether the Washington, DC 20202. Telephone: report, including financial information, grantee is operating in compliance with (202) 245–7491. Email: Hugh.Reid@ as directed by the Secretary. If you the assurances in its approved ed.gov. receive a multiyear award, you must application, including those applicable If you use a telecommunications submit an annual performance report to Federal civil rights laws that prohibit device for the deaf (TDD) or a text that provides the most current discrimination in programs or activities telephone (TTY), call the Federal Relay performance and financial expenditure receiving Federal financial assistance Service (FRS), toll free, at 1–800–877– information as directed by the Secretary from the Department (34 CFR 100.4, 8339. under 34 CFR 75.118. The Secretary 104.5, 106.4, 108.8, and 110.23). may also require more frequent SUPPLEMENTARY INFORMATION: Section performance reports under 34 CFR VII. Other Information 3511(d)(3) of the CARES Act requires 75.720(c). For specific requirements on Accessible Format: Individuals with the Secretary to publish, in the Federal reporting, please go to www.ed.gov/ disabilities can obtain this document Register and on the Department’s fund/grant/apply/appforms/ and a copy of the application package in website, a notice of the Secretary’s appforms.html. an accessible format (e.g., braille, large decision to grant a waiver. The Performance reports for the IRS print, audiotape, or compact disc) on Secretary must publish this notice no program must be submitted request to the program contact person later than 30 days after granting the electronically using the International listed under FOR FURTHER INFORMATION waiver and the notice must include Resource Information System (IRIS), the CONTACT. which waiver was granted and the International and Foreign Language Electronic Access to This Document: reason for granting the waiver. This Education office’s web-based reporting The official version of this document is notice is intended to fulfill the system. For information about the the document published in the Federal Department’s obligation to publicize its system and to view the reporting Register. You may access the official waiver decisions by identifying the instructions, please go to http:// edition of the Federal Register and the waivers granted under section 3511. iris.ed.gov/iris/pdfs/IRS.pdf. Code of Federal Regulations at The Department has approved (c) Under 34 CFR 75.250(b), the www.govinfo.gov. At this site you can waivers of the following requirement: Secretary may provide a grantee with view this document, as well as all other Section 421(b) of the General Education additional funding for data collection documents of this Department Provisions Act (GEPA) to extend the analysis and reporting. In this case the published in the Federal Register, in period of availability of fiscal year (FY) Secretary establishes a data collection text or Portable Document Format 2018 funds for programs in which the period. (PDF). To use PDF you must have State educational agency (SEA)

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participates as the eligible agency until duly declared by the President of the Register by using the article search September 30, 2021. United States under section 501(b) of feature at www.federalregister.gov. On April 17, 2020, the Secretary the Robert T. Stafford Disaster Relief Specifically, through the advanced delegated to the Assistant Secretary for and Emergency Assistance Act, 42 search feature at this site, you can limit Career, Technical, and Adult Education U.S.C. 5121–5207, and will protect the your search to documents published by (Assistant Secretary), for programs over health and safety of students, staff, and the Department. which the Assistant Secretary has our communities. Scott Stump, administrative authority, the authority Waiver Applicants: The SEA GEPA to grant waivers under section 3511 of section 421(b) waiver applicants Assistant Secretary for Career, Technical, and Adult Education. the CARES Act. On May 15, 2020, the provided assurance that the SEA will: Office of Career, Technical, and Adult (1) Use, and ensure that its subgrantees [FR Doc. 2020–17154 Filed 8–5–20; 8:45 am] Education (OCTAE) published a notice will use, funds under the respective BILLING CODE 4000–01–P in the Federal Register (85 FR 29440) programs in accordance with the announcing 41 waivers that were provisions of all applicable statutes, DEPARTMENT OF EDUCATION granted to SEAs. Twenty-eight of those regulations, program plans, and waivers were for State grants authorized applications not subject to these [Docket No.: ED–2020–SCC–0129] by Title I of the Carl D. Perkins Career waivers; (2) work to mitigate, and and Technical Education Act of 2006 ensure that its subgrantees will work to Agency Information Collection (Perkins), and 13 of those waivers were mitigate, any negative effects that may Activities; Comment Request; for State grants authorized by Title II of occur as a result of the requested Implementation of Key Federal Policies the Workforce Innovation and waiver; and (3) provide the public and in the Wake of the Coronavirus Opportunity Act (WIOA) (i.e., the Adult all subgrantees in the State with notice Pandemic Education and Family Literacy Act of, and the opportunity to comment on, AGENCY: Institute of Education Sciences (AEFLA)). this request by posting information (IES), Department of Education (ED). On June 15, 2020, OCTAE published regarding the waiver request and the ACTION: Notice. a notice in the Federal Register (85 FR process for commenting on the State 36195) announcing six waivers that website. SUMMARY: In accordance with the were granted to SEAs. Three of those The Assistant Secretary reviewed the Paperwork Reduction Act of 1995, ED is waivers were for State grants authorized SEAs’ requests for a GEPA section proposing a new information collection by Title I of Perkins, and three of those 421(b) waiver and determined that the request. waivers were for State grants authorized following SEAs met the requirements DATES: Interested persons are invited to by Title II of WIOA (AEFLA). In the last for a GEPA section 421(b) waiver on the submit comments on or before October 30 days, OCTAE granted two waivers to dates indicated below: 5, 2020. SEAs. (1) A State grant authorized by Title ADDRESSES: To access and review all the I of Perkins: Waiver Data • documents related to the information Michigan Department of Education, collection listed in this notice, please Extensions of the Obligation Period July 7, 2020. use http://www.regulations.gov by (2) A State grant authorized by Title searching the Docket ID number ED– One waiver was granted to an SEA for II of WIOA (AEFLA): a State grant authorized by Title I of • New Hampshire Department of 2020–SCC–0129. Comments submitted Perkins, and one waiver was granted to Education, July 8, 2020. in response to this notice should be an SEA for a State grant authorized by The Assistant Secretary also submitted electronically through the Title II of WIOA (AEFLA). announced the waiver decisions at: Federal eRulemaking Portal at http:// Provision waived: Tydings https://www2.ed.gov/about/offices/list/ www.regulations.gov by selecting the Amendment, section 421(b) of GEPA (20 ovae/pi/covid19/index.html. Docket ID number or via postal mail, U.S.C. 1225(b)).1 Accessible Format: Individuals with commercial delivery, or hand delivery. Reasons: These waivers were granted disabilities can obtain this document If the regulations.gov site is not under section 421(b) of GEPA to extend and a copy of the application package in available to the public for any reason, the period of availability of FY 2018 an accessible format (e.g., braille, large ED will temporarily accept comments at funds until September 30, 2021, print, audiotape, or compact disc) on [email protected]. Please include the pursuant to the 2018 Consolidated request to the program contact person docket ID number and the title of the Appropriations Act (GEPA section listed under FOR FURTHER INFORMATION information collection request when 421(b) waivers). It is not possible to CONTACT. requesting documents or submitting obligate funds on a timely basis, as Electronic Access to This Document: comments. Please note that comments originally planned, due to extensive The official version of this document is submitted by fax or email and those school and program disruptions in the the document published in the Federal submitted after the comment period will States. These disruptions are in Register. You may access the official not be accepted. Written requests for response to extraordinary circumstances edition of the Federal Register and the information or comments submitted by for which a national emergency related Code of Federal Regulations at postal mail or delivery should be to the COVID–19 pandemic has been www.govinfo.gov. At this site you can addressed to the Director of the Strategic view this document, as well as all other Collections and Clearance Governance 1 Section 3511(b) of the CARES Act only documents of this Department and Strategy Division, U.S. Department authorizes the Secretary to grant waivers requested of Education, 400 Maryland Ave, SW, by SEAs of the Tydings Amendment, section 421(b) published in the Federal Register, in of GEPA, to extend the period of availability of text or Portable Document Format LBJ, Room 6W208B, Washington, DC State formula grant funds authorized by Perkins and (PDF). To use PDF you must have 20202–8240. AEFLA. The Department currently does not have Adobe Acrobat Reader, which is FOR FURTHER INFORMATION CONTACT: For the authority to grant a waiver of the Tydings Amendment with respect to Perkins or AEFLA to available free at the site. specific questions related to collection States in which the SEA is not the grantee for these You may also access documents of the activities, please contact Erica Lee, 202– State-administered programs. Department published in the Federal 245–7437.

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SUPPLEMENTARY INFORMATION: The including those provided specifically to Full Text of Announcement Department of Education (ED), in help in the pandemic recovery. The I. Funding Opportunity Description accordance with the Paperwork surveys of all state education agencies Reduction Act of 1995 (PRA) (44 U.S.C. and a nationally representative sample Purpose of Program: The CCAMPIS 3506(c)(2)(A)), provides the general of school districts is being conducted as Program supports the participation of public and Federal agencies with an part of an ongoing evaluation of Titles low-income parents in postsecondary opportunity to comment on proposed, I and IIA of ESSA. education through the provision of campus-based childcare services. revised, and continuing collections of Dated: August 3, 2020. information. This helps the Department Background: Through the first Stephanie Valentine, assess the impact of its information competitive preference priority in this collection requirements and minimize PRA Coordinator, Strategic Collections and competition, the Secretary seeks to Clearance Governance and Strategy Division, the public’s reporting burden. It also encourage applicants to offer parents a Office of Chief Data Officer, Office of variety of childcare options. At a time helps the public understand the Planning, Evaluation and Policy Department’s information collection when many campus facilities are closed Development. across the country in response to the requirements and provide the requested [FR Doc. 2020–17159 Filed 8–5–20; 8:45 am] data in the desired format. ED is COVID–19 crisis, student parents are in BILLING CODE 4000–01–P soliciting comments on the proposed need of a variety of childcare options information collection request (ICR) that now more than ever. For example, applicants may propose to provide is described below. The Department of DEPARTMENT OF EDUCATION Education is especially interested in student-parents with a greater range of public comment addressing the Applications for New Awards; Child options at which to direct their following issues: (1) Is this collection Care Access Means Parents in School childcare funds. The grantee institution necessary to the proper functions of the Program would still be responsible for fulfilling Department; (2) will this information be the requirements of the program, such processed and used in a timely manner; AGENCY: Office of Postsecondary as by limiting the use of childcare (3) is the estimate of burden accurate; Education, Department of Education. vouchers to student-parents who qualify (4) how might the Department enhance for CCAMPIS support, and requiring ACTION: Notice. the quality, utility, and clarity of the those student-parents to use the information to be collected; and (5) how vouchers to obtain childcare by a SUMMARY: The Department of Education might the Department minimize the provider or facility licensed by the (Department) is issuing a notice inviting burden of this collection on the applicable State body. With access to a applications for new awards for fiscal respondents, including through the use greater diversity of childcare settings, year (FY) 2020 for the Child Care Access of information technology. Please note parents would have the opportunity to Means Parents in School (CCAMPIS) that written comments received in select an option that meets the unique Program, Catalog of Federal Domestic response to this notice will be developmental needs of their child and Assistance (CFDA) number 84.335A. considered public records. their own postsecondary educational Title of Collection: Implementation of This notice relates to the approved needs, including with respect to Key Federal Policies in the Wake of the information collection under OMB transportation, work schedules, and Coronavirus Pandemic. control number 1840–0737. obligations to other family members. Additionally, applicants may consider OMB Control Number: 1850–NEW. DATES: Type of Review: A new information describing how their new or existing Applications Available: August 6, collection. campus-based childcare centers would Respondents/Affected Public: State, 2020. offer flexible and affordable childcare Local and Tribal Governments. Deadline for Transmittal of arrangements to low-income parents Total Estimated Number of Annual Applications: September 8, 2020. pursuing postsecondary education, such Responses: 201. as part-time, drop-in, or evening ADDRESSES: For the addresses for Total Estimated Number of Annual childcare services. All applicants, obtaining and submitting an Burden Hours: 151. including applicants that address this application, please refer to our Common Abstract: The coronavirus pandemic competitive preference priority, must, Instructions for Applicants to significantly disrupted K–12 under section 419N(c)(9) of the HEA, Department of Education Discretionary educational operations and learning in limit the use of childcare vouchers Grant Programs, published in the spring 2020 and is likely to do so again issued using CCAMPIS funds to Federal Register on February 13, 2019 during the 2020–21 school year. Federal childcare provided by childcare (84 FR 3768), and available at education policies and funding are providers or centers that are licensed by www.govinfo.gov/content/pkg/FR-2019- intended to support state and local the applicable State or local agency to 02-13/pdf/2019-02206.pdf. agencies as they respond to the crisis. provide childcare services. The second But the crisis may also shape the way FOR FURTHER INFORMATION CONTACT: competitive preference priority provides federal programs are carried out. The Tanisha-Hamblin Johnson, U.S. additional points to applicants U.S. Department of Education (the Department of Education, 400 Maryland proposing to provide services in Department), through its Institute for Avenue SW, Room 273–23, Washington, Qualified Opportunity Zones (QOZs). Education Sciences (IES), is requesting DC 20202–4260. Telephone: (202) 453– The Department also encourages clearance for a new data collection to 6090. Email: [email protected]. applicants to propose support for examine how the pandemic may be If you use a telecommunications student-parents in identifying other influencing: (1) Implementation of, and device for the deaf (TDD) or a text Federal and State resources, in addition waivers, from key provisions of the telephone (TTY), call the Federal Relay to CCAMPIS support, that are available Elementary and Secondary Education Service (FRS), toll free, at 1–800–877– to help low-income parents access Act, reauthorized as the Every Student 8339. appropriate and affordable childcare Succeeds Act of 2015 (ESSA), and (2) services. For example, the Child Care state and district use of federal funds, SUPPLEMENTARY INFORMATION: and Development Block Grant provides

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additional support to low-income Competitive Preference Priority 2— (6) Contains an assurance that the student-parents who need childcare Spurring Investment in Qualified institution will meet the childcare needs support. Opportunity Zones (3 points). of low-income students through the Priorities: This notice contains two Under this priority, an applicant must provision of services, or through a absolute priorities and two competitive demonstrate the following: contract for the provision of services; preference priorities. In accordance with (a) The area in which the applicant (7) Describes the extent to which the 34 CFR 75.105(b)(2)(iv), the absolute proposes to provide services overlaps childcare program will coordinate with priorities are from section 419N(d) of with a Qualified Opportunity Zone, as the institution’s early childhood the Higher Education Act of 1965, as designated by the Secretary of the education curriculum, to the extent the amended (HEA), 20 U.S.C. 1070e(d). Treasury under section 1400Z–1 of the curriculum is available, to meet the Competitive Preference Priority 1 is Internal Revenue Code (IRC). An needs of the students in the early from the Final Supplemental Priorities applicant must— childhood education program at the and Definitions for Discretionary Grant (i) Provide the census tract number of institution, and the needs of the parents Programs published in the Federal the Qualified Opportunity Zone(s) in and children participating in the Register on March 2, 2018 (83 FR 9096) which it proposes to provide services; childcare program assisted under the (Supplemental Priorities) and and applicant’s project; Competitive Preference Priority 2 is (ii) Describe how the applicant will (8) In the case of an institution from the notice of final priority, provide services in the Qualified seeking assistance for a new childcare published in the Federal Register on Opportunity Zone(s). program— November 27, 2019 Application Requirements: For FY (A) Provides a timeline, covering the (www.federalregister.gov/documents/ 2020 and any subsequent year in which period from receipt of the grant through 2019/11/27/2019-25819/final-priority- we make awards from the list of the provision of the childcare services, for-discretionary-grant-programs) unfunded applications from this delineating the specific steps the (Opportunity Zones NFP). competition, applicants must meet the institution will take to achieve the goal Absolute Priorities: For FY 2020, and following application requirements from of providing low-income students with any subsequent year in which we make section 419N of the HEA. childcare services; awards from the list of unfunded An institution of higher education (B) Specifies any measures the applications from this competition, desiring a grant under this competition institution will take to assist low- these priorities are absolute priorities. must submit an application that— income students with childcare during Under 34 CFR 75.105(c)(3) we consider (1) Demonstrates that the institution is the period before the institution only applications that meet both an eligible institution; provides childcare services; and (2) Specifies the amount of funds priorities. (C) Includes a plan for identifying requested; These priorities are: (3) Demonstrates the need of low- resources needed for the childcare Absolute Priority 1: Projects that are income students at the institution for services, including space in which to designed to leverage significant local or campus-based childcare services by provide childcare services, and institutional resources, including in- including in the application— technical assistance if necessary; kind contributions, to support the (A) Information regarding student (9) Contains an assurance that any activities assisted under section 419N of demographics; childcare facility assisted under this the HEA. (B) An assessment of childcare section will meet the applicable State or Absolute Priority 2: Projects that are capacity on or near campus; local government licensing, designed to utilize a sliding fee scale for (C) Information regarding the certification, approval, or registration childcare services provided under existence of waiting lists for existing requirements; and section 419N of the HEA in order to childcare; (10) Contains a plan for any childcare support a high number of low-income (D) Information regarding additional facility assisted under this program to parents pursuing postsecondary needs created by concentrations of become accredited within three years of education at the institution. poverty or by geographic isolation; and the date the institution first receives Competitive Preference Priorities: For (E) Other relevant data; assistance under this program. FY 2020, and any subsequent year in (4) Contains a description of the Definitions: These definitions are which we make awards from the list of activities to be assisted, including from the Supplemental Priorities and unfunded applications from this whether the grant funds will support an section 419N of the HEA. competition, these priorities are existing childcare program or a new Educational choice means the competitive preference priorities. Under childcare program; opportunity for a child or student (or a 34 CFR 75.105(c)(2)(i), we award up to (5) Identifies the resources, including family member on their behalf) to create an additional 5 points to an application, technical expertise and financial a high-quality personalized path for depending on how well the application support, the institution will draw upon learning that is consistent with meets Competitive Preference Priority 1, to support the childcare program and applicable Federal, State, and local and 3 points to an application that the participation of low-income laws; is in an educational setting that meets Competitive Preference Priority 2. students in the program, such as best meets the child’s or student’s These priorities are: accessing social services funding, using needs; and, where possible, incorporates Competitive Preference Priority 1— student activity fees to help pay the evidence-based activities, strategies, or Empowering Families and Individuals to costs of childcare, using resources interventions. Opportunities made Choose a High-Quality Education That obtained by meeting the needs of available to a student through a grant Meets Their Unique Needs (up to 5 parents who are not low-income program are those that supplement what points). students, and accessing foundation, is provided by a child’s or student’s Projects that are designed to address corporate or other institutional support, geographically assigned school or the increasing access to educational choice and demonstrate that the use of the institution in which he or she is (as defined in this notice) for children resources will not result in increases in currently enrolled and may include one in early learning settings. student tuition; or both of the options listed below:

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(1) Public educational programs or Maximum Award: In accordance with • A ‘‘page’’ is 8.5″ x 11″, on one side courses including those offered by section 419N(b)(2)(A) of the HEA, the only, with 1″ margins. traditional public schools, public maximum annual amount an applicant • Double-space all text in the charter schools, public magnet schools, may receive under this program is one application narrative, and single-space public online education providers, or percent of the total amount of all titles, headings, footnotes, quotations, other public education providers. Federal Pell Grant funds awarded to references, and captions, as well as all (2) Private or home-based educational students enrolled at the institution for text in charts, tables, figures, and programs or courses including those FY 2019. In the event that an applicant’s graphs. • offered by private schools, private maximum award amount is lower than Use a 12-point font. • online providers, private tutoring the statutory minimum award of Use an easily readable font such as providers, community or faith-based $30,000, the grant will be $30,000 for a Times New Roman, Courier, Courier organizations, or other private education single budget period of 12 months. New, or Arial. providers. Estimated Number of Awards: 138. The recommended 50-page limit does not apply to Part I, the Application for Low income student means a Note: The Department is not bound by any student— Federal Assistance cover sheet (SF 424); estimates in this notice. Part II, the Budget Information (1) Who is eligible to receive a Federal Project Period: Up to 48 months. Summary form (ED Form 524); Part III, Pell Grant for the award year for which the CCAMPIS Program Profile form and the determination is made; or III. Eligibility Information the one-page Project Abstract form; or (2) Who would otherwise be eligible 1. Eligible Applicants: Institutions of Part IV, the assurances and to receive a Federal Pell Grant for the higher education that awarded a total of certifications. The recommended page award year for which the determination $250,000 or more of Federal Pell Grant limit also does not apply to a table of is made, except that the student fails to funds during FY 2019 to students contents, which you should include in meet the requirements of— enrolled at the institution. the application narrative. You must (i) 20 U.S.C. 1070a(c)(1) because the 2. Cost Sharing or Matching: This include your complete response to the student is enrolled in a graduate or first program does not require cost sharing or selection criteria in the application professional course of study; or matching. narrative. (ii) 20 U.S.C. 1091(a)(5) because the 3. Subgrantees: A grantee under this We recommend that any application student is in the United States for a competition may not award subgrants to addressing the competitive preference temporary purpose. entities to directly carry out project priorities include no more than three Program Authority: 20 U.S.C. 1070e. activities described in its application. additional pages for each priority. Applicable Regulations: (a) The Education Department General IV. Application and Submission V. Application Review Information Administrative Regulations in 34 CFR Information 1. Selection Criteria: The selection parts 75, 77, 79, 82, 84, 86, 97, 98, and 1. Application Submission criteria for this competition are from 99. (b) The Office of Management and Instructions: Applicants are required to section 419N of the HEA and 34 CFR Budget Guidelines to Agencies on follow the Common Instructions for 75.210 and are listed below. Governmentwide Debarment and Applicants to Department of Education We will award up to 100 points to an Suspension (Nonprocurement) in 2 CFR Discretionary Grant Programs, application under the selection criteria part 180, as adopted and amended as published in the Federal Register on and up to 8 additional points to an regulations of the Department in 2 CFR February 13, 2019 (84 FR 3768), and application under the competitive part 3485. (c) The Uniform available at www.govinfo.gov/content/ preference priorities, for a total score of Administrative Requirements, Cost pkg/FR-2019-02-13/pdf/2019-02206.pdf, up to 108 points. The maximum number Principles, and Audit Requirements for which contains requirements and of points available for each criterion is Federal Awards in 2 CFR part 200, as information on how to submit an indicated in parentheses. adopted and amended as regulations of application. (a) Need for the project. (30 points) the Department in 2 CFR part 3474. (d) 2. Intergovernmental Review: This In determining the need for the The Supplemental Priorities. program is subject to Executive Order proposed project, the Secretary considers the extent to which the 12372 and the regulations in 34 CFR Note: Because there are no program- applicant demonstrates, in its specific regulations for the CCAMPIS part 79. However, under 34 CFR 79.8(a), application, the need for campus-based Program, applicants are encouraged to we waive intergovernmental review in childcare services for low-income carefully read the authorizing statute: Title order to make awards by the end of FY students, by including the following IV, part A, subpart 7, section 419N of the 2020. (see section 419N(c)(3) of the HEA): HEA (20 U.S.C. 1070e). 3. Funding Restrictions: Funding (i) Information regarding student restrictions are outlined in section II. Award Information demographics. 419N(b)(2)(B) of the HEA. We reference (ii) An assessment of childcare Type of Award: Discretionary grants. regulations outlining funding capacity on or near campus. Estimated Available Funds: restrictions in the Applicable (iii) Information regarding the $25,500,000. Regulations section of this notice. existence of waiting lists for existing Contingent upon the availability of 4. Recommended Page Limit: The childcare. funds and the quality of applications, application narrative, Part III of the (iv) Information regarding additional we may make additional awards in application, is where you, the applicant, needs created by concentrations of subsequent fiscal years from the list of address the selection criteria that poverty or by geographic isolation. unfunded applications from this reviewers use to evaluate your (v) Other relevant data. competition. application. We recommend that you (1) (b) Quality of project design. (25 Estimated Range of Awards: $30,000 limit the application narrative, which points) to $375,000. includes the budget narrative, to no In determining the quality of the Estimated Average Size of Awards: more than 50 pages and (2) use the design of the proposed project, the $184,782. following standards: Secretary considers the following:

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(i) The extent to which the applicant (c) Quality of management plan. (25 persons to be served and to the describes in its application the activities points) anticipated results and benefits (see 34 to be assisted, including whether the In determining the quality of the CFR 75.210(f)(2)(v)). grant funds will support an existing management plan for the proposed 2. Review and Selection Process: We childcare program or a new childcare project, the Secretary considers the remind potential applicants that in program (see section 419N(c)(4) of the following: reviewing applications in any HEA). (i) The extent to which the discretionary grant competition, the (ii) The extent to which the services application includes a management plan Secretary may consider, under 34 CFR to be provided by the proposed project that describes the resources, including 75.217(d)(3), the past performance of the are focused on those with greatest needs technical expertise and financial applicant in carrying out a previous (see 34 CFR 75.210(d)(3)(xi)). support, the institution will draw upon award, such as the applicant’s use of funds, achievement of project Note: When describing how the project is to support the childcare program and focused on those with greatest needs, the participation of low-income objectives, and compliance with grant applicants are encouraged to include, in their students in the program, such as conditions. The Secretary may also assessment of focus on service of those with accessing social services funding, using consider whether the applicant failed to the greatest needs, the extent to which student activity fees to help pay the submit a timely performance report or services are available during all hours that costs of childcare, using resources submitted a report of unacceptable classes are in session, including evenings and obtained by meeting the needs of quality. weekends, to part-time students and to parents who are not low-income In addition, in making a competitive students who need only emergency drop-in students, and accessing foundation, grant award, the Secretary requires childcare in the event that regularly corporate or other institutional support, various assurances, including those scheduled childcare is unexpectedly applicable to Federal civil rights laws unavailable. and demonstrates that the use of the resources will not result in increases in that prohibit discrimination in programs (iii) The likely impact of the services student tuition (see section 419N(c)(5) or activities receiving Federal financial to be provided by the proposed project of the HEA). assistance from the Department (34 CFR on the intended recipients of those (ii) The qualifications, including 100.4, 104.5, 106.4, 108.8, and 110.23). services (see 34 CFR 75.210(d)(3)(iv)). relevant training and experience, of key For this competition, a panel of non- (iv) The extent to which the childcare project personnel (see 34 CFR Federal readers will review each program will coordinate with the 75.210(e)(3)(ii)). application in accordance with the institution’s early childhood education (iii) The adequacy of the management selection criteria and Competitive curriculum, to the extent the curriculum plan to achieve the objectives of the Preference Priority 1 and 2. The is available, to meet the needs of the proposed project on time and within individual scores of the reviewers will students in the early childhood budget, including clearly defined be added and the sum divided by the education program at the institution, responsibilities, timelines, and number of reviewers to determine the and the needs of the parents and milestones for accomplishing project peer review score received in the review children participating in the childcare tasks (see 34 CFR 75.210(g)(2)(i)). process. program assisted under this section (see (d) Quality of project evaluation. (15 If there are insufficient funds for all section 419N(c)(7) of the HEA). points) applications with the same total scores, (v) The extent to which the proposed In determining the quality of the the Secretary will choose among the tied project encourages parental involvement project evaluation, the Secretary applications so as to serve geographical (see 34 CFR 75.210(c)(2)(xix)). considers the following: areas that have been underserved by the (vi) If the applicant is requesting grant (i) The extent to which the methods CCAMPIS Program. assistance for a new childcare program of evaluation are thorough, feasible, and 3. Risk Assessment and Specific (see section 419N(c)(8) of the HEA)— appropriate to the goals, objectives, and Conditions: Consistent with 2 CFR (1) The extent to which the outcomes of the proposed project (see 200.205, before awarding grants under applicant’s timeline, covering the period 34 CFR 75.210(h)(2)(i)). this competition, the Department from receipt of the grant through the (ii) The extent to which the methods conducts a review of the risks posed by provision of the childcare services, of evaluation include the use of applicants. Under 2 CFR 3474.10, the delineates the specific steps the objective performance measures that are Secretary may impose specific institution will take to achieve the goal clearly related to the intended outcomes conditions and, in appropriate of providing low-income students with of the project and will produce circumstances, high-risk conditions on a childcare services; quantitative and qualitative data to the grant if the applicant or grantee is not (2) The extent to which the applicant extent possible (see 34 CFR financially stable; has a history of specifies in its application the measures 75.210(h)(2)(iv)). unsatisfactory performance; has a the institution will take to assist low- (iii) The extent to which the methods financial or other management system income students with childcare during of evaluation will provide performance that does not meet the standards in 2 the period before the institution feedback and permit periodic CFR part 200, subpart D; has not provides childcare services; and assessment of progress toward achieving fulfilled the conditions of a prior grant; (3) The extent to which the intended outcomes (see 34 CFR or is otherwise not responsible. application includes a plan for 75.210(h)(2)(vi)). 4. Integrity and Performance System: identifying resources needed for the (e) Adequacy of resources. (5 points) If you are selected under this childcare services, including space in In determining the adequacy of competition to receive an award that which to provide childcare services and resources for the proposed project, the over the course of the project period technical assistance if necessary. Secretary considers the following: may exceed the simplified acquisition (vii) The extent to which the proposed (i) The extent to which the budget is threshold (currently $250,000), under 2 project represents an exceptional adequate to support the proposed CFR 200.205(a)(2), we must make a approach to the priority or priorities project (see 34 CFR 75.210(f)(2)(iii)). judgment about your integrity, business established for the competition. (34 CFR (ii) The extent to which the costs are ethics, and record of performance under 75.210(c)(2)(XV)). reasonable in relation to the number of Federal awards—that is, the risk posed

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by you as an applicant—before we make Additionally, a grantee or subgrantee moving towards a semester-to-semester an award. In doing so, we must consider that is awarded competitive grant funds cohort model. This will not increase any information about you that is in the must have a plan to disseminate these public reporting burden as CCAMPIS integrity and performance system public grant deliverables. This grantees are gathering and maintaining (currently referred to as the Federal dissemination plan can be developed the data needed in completing and Awardee Performance and Integrity and submitted after your application has reviewing the collection of information Information System (FAPIIS)), been reviewed and selected for funding. currently. accessible through the System for For additional information on the open 6. Continuation Awards: In making a Award Management. You may review licensing requirements please refer to 2 continuation award under 34 CFR and comment on any information about CFR 3474.20. 75.253, the Secretary considers, among yourself that a Federal agency 4. Reporting: (a) If you apply for a other things: Whether a grantee has previously entered and that is currently grant under this competition, you must made substantial progress in achieving in FAPIIS. ensure that you have in place the the goals and objectives of the project; Please note that, if the total value of necessary processes and systems to whether the grantee has expended funds your currently active grants, cooperative comply with the reporting requirements in a manner that is consistent with its agreements, and procurement contracts in 2 CFR part 170 should you receive approved application and budget; and, from the Federal Government exceeds funding under the competition. This if the Secretary has established $10,000,000, the reporting requirements does not apply if you have an exception performance measurement in 2 CFR part 200, Appendix XII, under 2 CFR 170.110(b). requirements, the performance targets in (b) At the end of your project period, require you to report certain integrity the grantee’s approved application. information to FAPIIS semiannually. you must submit a final performance report, including financial information, In making a continuation grant, the Please review the requirements in 2 CFR Secretary also considers whether the part 200, Appendix XII, if this grant as directed by the Secretary. If you receive a multiyear award, you must grantee is operating in compliance with plus all the other Federal funds you the assurances in its approved receive exceed $10,000,000. submit an annual performance report that provides the most current application, including those applicable VI. Award Administration Information performance and financial expenditure to Federal civil rights laws that prohibit information as directed by the Secretary discrimination in programs or activities 1. Award Notices: If your application receiving Federal financial assistance is successful, we will notify your U.S. under 34 CFR 75.118. The Secretary may also require more frequent from the Department (34 CFR 100.4, Representative and U.S. Senators and 104.5, 106.4, 108.8, and 110.23). send you a Grant Award Notification performance reports under 34 CFR 75.720(c). For specific requirements on (GAN); or we may send you an email VII. Other Information reporting, please go to www.ed.gov/ containing a link to access an electronic fund/grant/apply/appforms/ Accessible Format: Individuals with version of your GAN. We may notify appforms.html. disabilities can obtain this document you informally, also. (c) Under 34 CFR 75.250(b), the and a copy of the application package in If your application is not evaluated or Secretary may provide a grantee with an accessible format (e.g., braille, large not selected for funding, we will notify additional funding for data collection print, audiotape, or compact disc) on you. analysis and reporting. In this case the request to the program contact person 2. Administrative and National Policy Secretary establishes a data collection listed under FOR FURTHER INFORMATION Requirements: We identify period. CONTACT. administrative and national policy 5. Performance Measures: The success Electronic Access to This Document: requirements in the application package of the CCAMPIS Program will be The official version of this document is and reference these and other measured by the postsecondary the document published in the Federal requirements in the Applicable persistence and degree completion rates Register. You may access the official Regulations section of this notice. of the CCAMPIS Program participants. edition of the Federal Register and the We reference the regulations outlining All CCAMPIS Program grantees will be Code of Federal Regulations at the terms and conditions of an award in required to submit an annual www.govinfo.gov. At this site you can the Applicable Regulations section of performance report documenting the view this document, as well as all other this notice and include these and other persistence and degree attainment of documents of this Department specific conditions in the GAN. The their participants. Although students published in the Federal Register, in GAN also incorporates your approved may choose to use childcare services at text or Portable Document Format application as part of your binding different points in their college (PDF). To use PDF you must have commitments under the grant. enrollment, the goal is to measure the Adobe Acrobat Reader, which is 3. Open Licensing Requirements: outcomes of student-parents based on available free at the site. You may also Unless an exception applies, if you are their completion of their program access documents of the Department awarded a grant under this competition, within 150 percent or 200 percent of the published in the Federal Register by you will be required to openly license published program length. The cohort using the article search feature at: to the public grant deliverables created model of evaluation will track the level www.federalregister.gov. Specifically, in whole, or in part, with Department of utilization by a student-parent through the advanced search feature at grant funds. When the deliverable throughout their enrollment at the this site, you can limit your search to consists of modifications to pre-existing institution and will provide results documents published by the works, the license extends only to those based on the long-term academic Department. modifications that can be separately success of the student-parent. The identified and only to the extent that Department will aggregate the data Robert L. King, open licensing is permitted under the provided in the annual performance Assistant Secretary for Postsecondary terms of any licenses or other legal reports from all grantees to determine Education. restrictions on the use of pre-existing the accomplishment level. The [FR Doc. 2020–17008 Filed 8–5–20; 8:45 am] works. CCAMPIS reporting data collection is BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY Written statements may be filed with view and/or print the contents of this the Board either before or after the document via the internet through the Environmental Management Site- meeting by sending them to Jordan Commission’s Home Page (http:// Specific Advisory Board, Idaho Davies at the aforementioned email ferc.gov) using the ‘‘eLibrary’’ link. Cleanup Project address. The Deputy Designated Federal Enter the docket number excluding the Officer is empowered to conduct the last three digits in the docket number AGENCY: Office of Environmental meeting in a fashion that will facilitate field to access the document. At this Management, Department of Energy. the orderly conduct of business. time, the Commission has suspended ACTION: Notice of open virtual meeting. Individuals wishing to make public access to the Commission’s Public SUMMARY: This notice announces an comments will be provided a maximum Reference Room, due to the online virtual meeting of the of five minutes to present their proclamation declaring a National Environmental Management Site- comments. Emergency concerning the Novel Specific Advisory Board (EM SSAB), Minutes: Minutes will be available by Coronavirus Disease (COVID–19), issued Idaho Cleanup Project (ICP). The writing or calling Danielle Miller, by the President on March 13, 2020. For Federal Advisory Committee Act Federal Coordinator, at the address and assistance, contact FERC at requires that public notice of this online telephone number listed above. Minutes [email protected] or call virtual meeting be announced in the will also be available at the following toll-free, (886) 208–3676 or TYY, (202) Federal Register. website: https://www.energy.gov/em/ 502–8659. icpcab/listings/cab-meetings. DATES: Thursday, August 27, 2020; 8:00 Any questions regarding this prior a.m.—12:30 p.m. Signed in Washington, DC on July 31, notice request should be directed to The opportunities for public comment 2020. Sheryl Johnson-Schumack, Regulatory is at 11:00 a.m. MT. LaTanya Butler, Analyst Lead, Black Marlin Pipeline This time is subject to change; please Deputy Committee Management Officer. LLC, 2800 Post Oak Boulevard, Houston, Texas 77056, or call (713) contact the Federal Coordinator (below) [FR Doc. 2020–17148 Filed 8–5–20; 8:45 am] 215–3449. for confirmation of times prior to the BILLING CODE 6450–01–P meeting. Pursuant to section 157.9 of the Commission’s rules, 18 CFR 157.9, ADDRESSES: This meeting will be held DEPARTMENT OF ENERGY within 90 days of this Notice the virtually via Zoom. To attend, please Commission staff will either: Complete contact Jordan Davies, ICP Citizens Federal Energy Regulatory its environmental assessment (EA) and Advisory Board (CAB) support staff, by Commission place it into the Commission’s public email [email protected] or record (eLibrary) for this proceeding; or phone (720) 452–7379, no later than [Docket No. CP20–500–000] issue a Notice of Schedule for 5:00 p.m. MT on Wednesday, August Environmental Review. If a Notice of 26, 2020. Black Marlin Pipeline LLC; Notice of Request Under Blanket Authorization Schedule for Environmental Review is To Sign Up for Public Comment: issued, it will indicate, among other Please contact Jordan Davies by email, Take notice that on July 24, 2020, milestones, the anticipated date for the [email protected], no later Black Marlin Pipeline LLC (Black Commission staff’s issuance of the EA than 5:00 p.m. MT on Wednesday, Marlin), 2800 Post Oak Boulevard, for this proposal. The filing of the EA August 26, 2020. Houston, Texas 77056, filed in the in the Commission’s public record for FOR FURTHER INFORMATION CONTACT: above referenced docket, a prior notice this proceeding or the issuance of a Danielle Miller, Federal Coordinator, request pursuant to sections 157.205 Notice of Schedule for Environmental U.S. Department of Energy, Idaho and 157.216 of the Commission’s Review will serve to notify federal and Operations Office, 1955 Fremont regulations under the Natural Gas Act state agencies of the timing for the Avenue, MS–1203, Idaho Falls, Idaho (NGA) and Columbia’s blanket completion of all necessary reviews, and 83415. Phone (208) 526–5709; or email: certificate issued in Docket No. CP89– the subsequent need to complete all [email protected] or visit the Board’s 2115–000, for authorization to abandon federal authorizations within 90 days of internet home page at: https:// in place approximately 23.86 miles of the date of issuance of the Commission www.energy.gov/em/icpcab/. 16-inch-diameter pipeline located in the staff’s EA. SUPPLEMENTARY INFORMATION: federal waters of the Gulf of Mexico, Any person may, within 60 days after Purpose of the Board: The purpose of Offshore Texas. Black Marlin states that the issuance of the instant notice by the the Board is to make recommendations the facilities proposed for abandonment Commission, file pursuant to Rule 214 to DOE–EM and site management in the have not provided service to any of the Commission’s Procedural Rules areas of environmental restoration, customers since November 2016 and are (18 CFR 385.214) a motion to intervene waste management, and related not covered under any firm or or notice of intervention. Any person activities. interruptible transportation contracts. filing to intervene, or the Commission’s Tentative Topics (agenda topics may Thus, they state that the proposed staff may, pursuant to section 157.205 of change up to the day of the meeting; abandonment will have no impact on the Commission’s Regulations under the please contact Danielle Miller for the the daily design capacity of, or the NGA (18 CFR 157.205) file a protest to most current agenda): operating conditions of, Black Marlin’s the request. If no protest is filed within • Recent Public Outreach pipeline system, all as more fully set the time allowed therefore, the proposed • ICP Reconstitution Plan and forth in the application which is on file activity shall be deemed to be Employee Safety with the Commission and open to authorized effective the day after the • ICP Overview public inspection. time allowed for protest. If a protest is • Update on Integrated Waste In addition to publishing the full text filed and not withdrawn within 30 days Treatment Unit (IWTU) of this document in the Federal after the time allowed for filing a Public Participation: The online Register, the Commission provides all protest, the instant request shall be virtual meeting is open to the public. interested persons an opportunity to treated as an application for

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authorization pursuant to section 7 of text searchable versus image formats, LLC, Osborn Wind Energy, LLC, Palo the NGA. file names, security, et al. Duro Wind Energy, LLC, Palo Duro The Commission strongly encourages Dated: July 31, 2020. Wind Interconnection Services, LLC, electronic filings of comments, protests, Nathaniel J. Davis, Sr., Pratt Wind, LLC, Roswell Solar, LLC, and interventions using the ‘‘eFiling’’ Rush Springs Energy Storage, LLC, Rush Deputy Secretary. link at http://www.ferc.gov. In lieu of Springs Wind Energy, LLC, Seiling electronic filing, you may submit a [FR Doc. 2020–17193 Filed 8–5–20; 8:45 am] Wind, LLC, Seiling Wind II, LLC, paper copy. Submissions sent via the BILLING CODE 6717–01–P Seiling Wind Interconnection Services, U.S. Postal Service must be addressed LLC, Sholes Wind Energy, LLC, Steele to: Kimberly D. Bose, Secretary, Federal DEPARTMENT OF ENERGY Flats Wind Project, LLC, Wessington Energy Regulatory Commission, 888 Springs Wind, LLC, Wildcat Ranch First Street NE, Room 1A, Washington, Federal Energy Regulatory Wind Project, LLC, Wilton Wind Energy DC 20426. Submissions sent via any Commission II, LLC. other carrier must be addressed to: Description: Notification of Change in Kimberly D. Bose, Secretary, Federal Combined Notice of Filings #1 Status of NextEra Resources Entities. Energy Regulatory Commission, 12225 Filed Date: 7/30/20. Take notice that the Commission Wilkins Avenue, Rockville, Maryland Accession Number: 20200730–5260. received the following electric rate 20852. Comments Due: 5 p.m. ET 8/20/20. filings: Dated: July 31, 2020. Docket Numbers: ER19–1935–003. Docket Numbers: ER18–2118–007; Applicants: UNS Electric, Inc. Kimberly D. Bose, ER10–1846–015; ER10–1849–021; Description: Compliance filing: Errata Secretary. ER10–1852–042; ER10–1887–021; to Order No. 845 Compliance Filing to [FR Doc. 2020–17189 Filed 8–5–20; 8:45 am] ER10–1951–024; ER10–1952–020; be effective 5/22/2019. BILLING CODE 6717–01–P ER10–1961–020; ER10–2551–016; Filed Date: 7/31/20. ER10–2720–022; ER11–2642–016; Accession Number: 20200731–5150. ER11–4428–022; ER11–4462–045; Comments Due: 5 p.m. ET 8/21/20. DEPARTMENT OF ENERGY ER12–1228–022; ER12–1880–021; Docket Numbers: ER20–1703–000. ER12–2227–021; ER12–569–022; ER12– Applicants: Capital Energy PA LLC. Federal Energy Regulatory 895–020; ER13–2474–016; ER13–712– Description: Second Supplement Commission 023; ER14–2707–017; ER14–2708–018; (Ownership Details) to April 30, 2020 [Docket No. AD20–25–000] ER14–2709–017; ER14–2710–017; Capital Energy PA LLC tariff filing. Also ER15–1925–015; ER15–2676–014; submitted Third Supplement (Asset Electronic Document Management ER15–30–015; ER15–58–015; ER16– Appendix). System (eLibrary) Enhancements; 1440–011; ER16–1672–012; ER16–2190– Filed Date: 7/22/20; 7/31/20. Notice Announcing Release of 011; ER16–2191–011; ER16–2240–011; Accession Number: 20200722–5176, Modernized eLIBRARY System ER16–2241–010; ER16–2275–010; 20200731–5132. ER16–2276–010; ER16–2297–010; Comments Due: 5 p.m. ET 8/10/20. The Federal Energy Regulatory ER16–2453–012; ER17–2152–008; Docket Numbers: ER20–2559–000. Commission (Commission), hereby gives ER17–838–020; ER18–1981–006; ER18– Applicants: Ameren Illinois notice announcing upcoming 2003–006; ER18–2032–006; ER18–2066– Company, Midcontinent Independent enhancements to its Electronic 003; ER18–2067–004; ER18–2182–006; System Operator, Inc. Document Management System ER18–2314–003; ER18–882–007;ER19– Description: § 205(d) Rate Filing: (eLibrary), that will be available the 1128–001; ER19–2495–002; ER19–2513– 2020–07–30_SA 2880 Att A-Proj Spec week of August 3. The Commission 002. No. 5 WVPA–CBEC-Kewanee Burne to plans to upgrade its existing system Applicants: Armadillo Flats Wind be effective 9/29/2020. with newer, more robust and user- Project, LLC, Blackwell Wind, LLC, Filed Date: 7/30/20. friendly technology. Ultimately, the new Brady Interconnection, LLC, Brady Accession Number: 20200730–5161. system will provide users with an Wind, LLC, Breckinridge Wind Project, Comments Due: 5 p.m. ET 8/20/20. improved user interface, more reliable LLC, Cedar Bluff Wind, LLC, Chaves Docket Numbers: ER20–2560–000. search capabilities and greater system County Solar, LLC, Cimarron Wind Applicants: Sabine Cogen, LP. stability. Energy, LLC, Cottonwood Wind Project, Description: Tariff Cancellation: This version includes, but is not LLC, Day County Wind, LLC, Elk City Cancellation Filing to be effective 7/31/ limited to the following enhancements: Wind, LLC, Elk City Renewables II, LLC, 2020. • A modern look and feel to the Ensign Wind, LLC, Florida Power & Filed Date: 7/30/20. eLibrary site Light Company, FPL Energy Cowboy Accession Number: 20200730–5165. • Improved navigation and Wind, LLC, FPL Energy South Dakota Comments Due: 5 p.m. ET 8/20/20. consolidated search screens Wind, LLC, Gray County Wind Energy, Docket Numbers: ER20–2561–000. • Removal of redundant features LLC, High Majestic Wind Energy Center, Applicants: PJM Interconnection, • Improved search accuracy and LLC, High Majestic Wind II, LLC, L.L.C. relevance Kingman Wind Energy I, LLC, Kingman Description: § 205(d) Rate Filing: First • On-Demand PDF generation for files Wind Energy II, LLC, Lorenzo Wind, Revised ISA, Service Agreement No. in an accession LLC, Mammoth Plains Wind Project, 2637; Queue No. AF1–177 to be • Multiple file zip and download LLC, Minco Wind, LLC, Minco Wind II, effective 6/30/2020. from the search results LLC, Minco Wind III, LLC, Minco Wind Filed Date: 7/30/20. • Improved reliability IV, LLC, Minco IV & V Interconnection, Accession Number: 20200730–5168. Please see https://www.ferc.gov/ for LLC, Minco Wind V, LLC, Ninnescah Comments Due: 5 p.m. ET 8/20/20. additional details on FERC’s Wind Energy, LLC, NEPM II, LLC, Docket Numbers: ER20–2562–000. modernized eLibrary system, including NextEra Energy Marketing, LLC, Applicants: Entergy Arkansas, LLC, additional information on file formats, NextEra Energy Services Massachusetts, Entergy Mississippi, LLC, Entergy New

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Orleans, LLC, Entergy Texas, Inc., Accession Number: 20200730–5220. Description: Compliance filing: AEP Entergy Louisiana, LLC. Comments Due: 5 p.m. ET 8/20/20. on behalf of affilate AEP West Op Cos Description: § 205(d) Rate Filing: Docket Numbers: ER20–2569–000. Order 864 Compliance Filing to be Entergy OpCos Reactive Power Update Applicants: Pacific Gas and Electric effective 1/27/2020. to be effective 8/1/2020. Company. Filed Date: 7/31/20. Filed Date: 7/30/20. Description: § 205(d) Rate Filing: Q2 Accession Number: 20200731–5106. Accession Number: 20200730–5181. 2020 Quarterly Filing of City and Comments Due: 5 p.m. ET 8/21/20. Comments Due: 5 p.m. ET 8/20/20. County of San Francisco’s WDT SA (SA Docket Numbers: ER20–2575–000. Docket Numbers: ER20–2563–000. 275) to be effective 6/30/2020. Applicants: American Electric Power Applicants: American Electric Power Filed Date: 7/31/20. Service Corporation, Southwest Power Service Corporation, Ohio Power Accession Number: 20200731–5007. Pool, Inc. Company, AEP Ohio Transmission Comments Due: 5 p.m. ET 8/21/20. Description: Compliance filing: AEP Company, Inc., PJM Interconnection, Docket Numbers: ER20–2570–000. on behalf of affilate Transource Missouri L.L.C. Applicants: Midcontinent Order No. 864 Compliance Filing to be Description: § 205(d) Rate Filing: AEP Independent System Operator, Inc, effective 1/27/2020. submits ILDSA, SA No. 1336 and Ameren Illinois Company. Filed Date: 7/31/20. Winesburg FA to be effective 9/29/2020. Description: § 205(d) Rate Filing: Accession Number: 20200731–5110. Filed Date: 7/30/20. 2020–07–31_SA 3028 Ameren IL-Prairie Comments Due: 5 p.m. ET 8/21/20. Accession Number: 20200730–5197. Power Project#15 St. David Meter to be Docket Numbers: ER20–2576–000. Comments Due: 5 p.m. ET 8/20/20. effective 9/30/2020. Applicants: Holloman Lessee LLC. Docket Numbers: ER20–2564–000. Filed Date: 7/31/20. Description: Baseline eTariff Filing: Applicants: Duke Energy Carolinas, Accession Number: 20200731–5063. Reactive Power Compensation Filing to LLC. Comments Due: 5 p.m. ET 8/21/20. be effective 9/29/2020. Description: § 205(d) Rate Filing: Docket Numbers: ER20–2571–000. Filed Date: 7/31/20. DEC–WCU Reimbursement Agreement Applicants: Midcontinent Accession Number: 20200731–5113. RS–545 to be effective 10/1/2020. Independent System Operator, Inc, Comments Due: 5 p.m. ET 8/21/20. Duke Energy Indiana, LLC. Filed Date: 7/30/20. Docket Numbers: ER20–2577–000. Description: § 205(d) Rate Filing: Accession Number: 20200730–5205. Applicants: Southwest Power Pool, 2020–07–31_Attachment O Duke Comments Due: 5 p.m. ET 8/20/20. Inc., American Electric Power Service Indiana Depreciation Rate Filing to be Docket Numbers: ER20–2565–000. Corporation. effective 8/1/2020. Applicants: PJM Interconnection, Description: Compliance filing: AEP Filed Date: 7/31/20. L.L.C. on behalf of affilate AEP West Trans Accession Number: 20200731–5066. Description: Tariff Cancellation: Comments Due: 5 p.m. ET 8/21/20. Cos. Order No. 864 Compliance Filing to Notice of Cancellation of WMPA SA No. be effective 1/27/2020. 5318; Queue No. AD2–164 to be Docket Numbers: ER20–2572–000. Filed Date: 7/31/20. effective 6/29/2020. Applicants: Central Maine Power Accession Number: 20200731–5117. Filed Date: 7/30/20. Company, The Connecticut Light and Comments Due: 5 p.m. ET 8/21/20. Power Company, NSTAR Electric Accession Number: 20200730–5209. Docket Numbers: ER20–2578–000. Comments Due: 5 p.m. ET 8/20/20. Company, Public Service Company of New Hampshire, Fitchburg Gas and Applicants: Southwest Power Pool, Docket Numbers: ER20–2566–000 Electric Light Company, Green Inc. Applicants: PJM Interconnection, Mountain Power Corporation, Maine Description: § 205(d) Rate Filing: L.L.C. Electric Power Company, New England Demand Response Programs and BTM Description: Tariff Cancellation: Power Company, New Hampshire Generation for Resource Adequacy to be Notice of Cancellation of WMPA SA No. Transmission, LLC, The United effective 10/1/2020. 5042; Queue No. AC2–045 to be Illuminating Company, Unitil Energy Filed Date: 7/31/20. effective 6/29/2020. Systems, Inc., Vermont Transco LLC, Accession Number: 20200731–5127. Filed Date: 7/30/20. Versant Power. Comments Due: 5 p.m. ET 8/21/20. Accession Number: 20200730–5210. Description: Order No. 864 Docket Numbers: ER20–2579–000. Comments Due: 5 p.m. ET 8/20/20. Compliance Filing of the New England Applicants: Midcontinent Docket Numbers: ER20–2567–000. Transmission Owners. Independent System Operator, Inc. Applicants: Peetz Logan Interconnect, Filed Date: 7/30/20. Description: § 205(d) Rate Filing: LLC. Accession Number: 20200730–5262. 2020–07–31_SA 2927 Duke Energy- Description: Baseline eTariff Filing: Comments Due: 5 p.m. ET 8/20/20. Duke Energy 1st Rev GIA (J453 J1189) to Peetz Logan Interconnect, LLC, Peetz Docket Numbers: ER20–2573–000. be effective 7/17/2020. Table, and Logan Wind SFA to be Applicants: PJM Interconnection, Filed Date: 7/31/20. effective 8/28/2020. L.L.C. Accession Number: 20200731–5128. Filed Date: 7/30/20. Description: § 205(d) Rate Filing: Comments Due: 5 p.m. ET 8/21/20. Accession Number: 20200730–5219. Revisions to OATT and OA re Docket Numbers: ER20–2580–000. Comments Due: 5 p.m. ET 8/20/20. Enhancements to PJM Dispatch and Applicants: Southwest Power Pool, Docket Numbers: ER20–2568–000 Pricing to be effective 10/15/2020. Inc., Western Area Power Applicants: PJM Interconnection, Filed Date: 7/31/20. Administration. L.L.C. Accession Number: 20200731–5104. Description: § 205(d) Rate Filing: Description: Tariff Cancellation: Comments Due: 5 p.m. ET 8/21/20. Western Area Power Administration— Notice of Cancellation of ISA, SA No. Docket Numbers: ER20–2574–000. UGP Region Formula Rate to be effective 3050; Queue No. S38 to be effective 6/ Applicants: Southwest Power Pool, 10/1/2020. 2/2019. Inc., American Electric Power Service Filed Date: 7/31/20. Filed Date: 7/30/20. Corporation. Accession Number: 20200731–5136.

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Comments Due: 5 p.m. ET 8/21/20. Description: Baseline eTariff Filing: Accession Number: 20200730–5244. Docket Numbers: ER20–2581–000. Market-Based Rates Tariff Application Comments Due: 5 p.m. ET 8/20/20. Applicants: New England Power Pool to be effective 10/1/2020. The filings are accessible in the Participants Committee. Filed Date: 7/31/20. Commission’s eLibrary system by Description: § 205(d) Rate Filing: Accession Number: 20200731–5153. clicking on the links or querying the August 2020 Membership Filing to be Comments Due: 5 p.m. ET 8/21/20. docket number. effective 7/1/2020. Docket Numbers: ER20–2588–000. Any person desiring to intervene or Filed Date: 7/31/20. Applicants: PJM Interconnection, protest in any of the above proceedings Accession Number: 20200731–5142. L.L.C. must file in accordance with Rules 211 Comments Due: 5 p.m. ET 8/21/20. Description: Tariff Cancellation: and 214 of the Commission’s Docket Numbers: ER20–2582–000. Notice of Cancellation of WMPA, SA Regulations (18 CFR 385.211 and Applicants: Transource West Virginia, No. 4820, Queue No. AC1–016 re: 385.214) on or before 5:00 p.m. Eastern LLC, American Electric Power Service withdrawal to be effective. 6/30/2020. time on the specified comment date. Corporation, PJM Interconnection, Filed Date: 7/31/20. Protests may be considered, but L.L.C. Accession Number: 20200731–5157. intervention is necessary to become a Description: Compliance filing: Comments Due: 5 p.m. ET 8/21/20. party to the proceeding. Transource WV submits Revisions to Docket Numbers: ER20–2589–000. eFiling is encouraged. More detailed OATT, Att. H–26 re: Order 864 to be Applicants: WPPI Energy. information relating to filing effective 1/27/2020. Description: Baseline eTariff Filing: requirements, interventions, protests, Filed Date: 7/31/20. baseline new to be effective 10/1/2020. service, and qualifying facilities filings Accession Number: 20200731–5143. Filed Date: 7/31/20. can be found at: http://www.ferc.gov/ Comments Due: 5 p.m. ET 8/21/20. Accession Number: 20200731–5158. docs-filing/efiling/filing-req.pdf. For Docket Numbers: ER20–2583–000. Comments Due: 5 p.m. ET 8/21/20. other information, call (866) 208–3676 Applicants: PJM Interconnection, Docket Numbers: ER20–2590–000. (toll free). For TTY, call (202) 502–8659. L.L.C. Applicants: Basin Electric Power Dated: July 31, 2020. Description: § 205(d) Rate Filing: 2nd Cooperative. Nathaniel J. Davis, Sr., Quarter 2020 Update to OA and RAA Description: § 205(d) Rate Filing: Deputy Secretary. Membership Lists to be effective 6/30/ Basin Electric Market Based Rate [FR Doc. 2020–17191 Filed 8–5–20; 8:45 am] 2020. Application to be effective 12/31/9998. BILLING CODE 6717–01–P Filed Date: 7/31/20. Filed Date: 7/31/20. Accession Number: 20200731–5144. Accession Number: 20200731–5164. Comments Due: 5 p.m. ET 8/21/20. Comments Due: 5 p.m. ET 8/21/20. DEPARTMENT OF ENERGY Docket Numbers: ER20–2584–000. Docket Numbers: ER20–2591–000. Applicants: Transource Maryland, Applicants: Midcontinent Federal Energy Regulatory LLC, American Electric Power Service Independent System Operator, Inc. Commission Corporation, PJM Interconnection, Description: § 205(d) Rate Filing: [Docket No. EL20–59–000] L.L.C. 2020–07–31_Tariff revisions regarding Description: Compliance filing: Aggregator of Retail Customers (ARCs) Duquesne Light Company v. PJM Transource MD submits Revisions to to be effective 9/30/2020. Interconnection, L.L.C.; Notice of OATT, Att. H–30A re: Order 864 to be Filed Date: 7/31/20. Complaint effective 1/27/2020. Accession Number: 20200731–5167. Filed Date: 7/31/20. Comments Due: 5 p.m. ET 8/21/20. Take notice that on July 30, 2020, pursuant to sections 306, and 309 of the Accession Number: 20200731–5145. Docket Numbers: ER20–2592–000. Federal Power Act, 16 U.S.C. 825e, and Comments Due: 5 p.m. ET 8/21/20. Applicants: WSPP Inc. 825h, and Rule 206 of the Federal Description: § 205(d) Rate Filing: List Docket Numbers: ER20–2585–000. Energy Regulatory Commission’s of Members Update 2020 to be effective Applicants: Transource Pennsylvania, (Commission) Rules of Practice and LLC, American Electric Power Service 7/28/2020. Filed Date: 7/31/20. Procedure, 18 CFR 385.206, Duquesne Corporation, PJM Interconnection, Light Company (Complainant) filed a L.L.C. Accession Number: 20200731–5169. Comments Due: 5 p.m. ET 8/21/20. formal complaint against PJM Description: Compliance filing: Interconnection, L.L.C., (PJM or Transource PA submits Revisions to Docket Numbers: ER20–2593–000. Respondent) requesting that the OATT, Att. H–29A re: Order 864 to be Applicants: Tri-State Generation and Commission direct PJM to refrain from effective 1/27/2020. Transmission Association, Inc. submitting proposed amendments to the Filed Date: 7/31/20. Description: § 205(d) Rate Filing: Amended and Restated Operating Accession Number: 20200731–5148. Revised LGIP and SGIP to be effective Agreement of PJM Interconnection, Comments Due: 5 p.m. ET 8/21/20. 9/30/2020. L.L.C. that it has determined violate the Docket Numbers: ER20–2586–000. Filed Date: 7/31/20. Consolidated Transmission Owners Applicants: North Fork Ridge Wind, Accession Number: 20200731–5176. Agreement and Commission precedent, LLC. Comments Due: 5 p.m. ET 8/21/20. all as more fully explained in the Description: Baseline eTariff Filing: Take notice that the Commission complaint. Market-Based Rates Tariff Application received the following foreign utility The Complainant certifies that copies to be effective 8/1/2020. company status filings: of the complaint were served on the Filed Date: 7/31/20. Docket Numbers: FC20–14–000. contacts listed for Respondent in the Accession Number: 20200731–5151. Applicants: I Squared Capital. Commission’s list of Corporate Officials. Comments Due: 5 p.m. ET 8/21/20. Description: Self-Certification of I Any person desiring to intervene or to Docket Numbers: ER20–2587–000. Squared Capital. protest this filing must file in Applicants: Kings Point Wind, LLC. Filed Date: 7/30/20. accordance with Rules 211 and 214 of

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the Commission’s Rules of Practice and DEPARTMENT OF ENERGY Filed Date: 7/31/20. Procedure (18 CFR 385.211, 385.214). Accession Number: 20200731–5012. Protests will be considered by the Federal Energy Regulatory Comments Due: 5 p.m. ET 8/12/20. Commission in determining the Commission Docket Numbers: RP20–1058–000. appropriate action to be taken, but will Applicants: Algonquin Gas Combined Notice of Filings not serve to make protestants parties to Transmission, LLC. the proceeding. Any person wishing to Take notice that the Commission has Description: § 4(d) Rate Filing: Non- become a party must file a notice of received the following Natural Gas Conforming Filing—Boston Gas contract intervention or motion to intervene, as Pipeline Rate and Refund Report filings: 9221 to be effective 8/1/2020. appropriate. The Respondent’s answer Docket Numbers: RP20–1051–000. Filed Date: 7/31/20. and all interventions, or protests must Applicants: Ruby Pipeline, L.L.C. Accession Number: 20200731–5013. be filed on or before the comment date. Description: § 4(d) Rate Filing: FLU Comments Due: 5 p.m. ET 8/12/20. The Respondent’s answer, motions to and EPC Recomputation Update Filing Docket Numbers: RP20–1059–000. intervene, and protests must be served to be effective 9/1/2020. Applicants: Midcontinent Express on the Complainants. Filed Date: 7/30/20. Pipeline LLC. Accession Number: 20200730–5042. Description: § 4(d) Rate Filing: The Commission strongly encourages Comments Due: 5 p.m. ET 8/11/20. Disposition of Net Cashout Balance electronic filings of comments, protests Docket Numbers: RP20–1052–000. Filing to be effective 9/1/2020. and interventions in lieu of paper using Applicants: Sierrita Gas Pipeline LLC. Filed Date: 7/31/20. the ‘‘eFiling’’ link at http:// Description: § 4(d) Rate Filing: Accession Number: 20200731–5014. www.ferc.gov. Persons unable to file Quarterly FL&U FiIling to be effective 9/ Comments Due: 5 p.m. ET 8/12/20. electronically may mail similar 1/2020. Docket Numbers: RP20–1060–000. pleadings to the Federal Energy Filed Date: 7/30/20. Applicants: Columbia Gas Regulatory Commission, 888 First Street Accession Number: 20200730–5072. Transmission, LLC. NE, Washington, DC 20426. Hand Comments Due: 5 p.m. ET 8/11/20. Description: § 4(d) Rate Filing: delivered submissions in docketed Docket Numbers: RP20–1053–000. Columbia Gas Section 4 Rate Case (1 of proceedings should be delivered to Applicants: Wyoming Interstate 4) to be effective 9/1/2020. Health and Human Services, 12225 Company, L.L.C. Filed Date: 7/31/20. Wilkins Avenue, Rockville, Maryland Description: § 4(d) Rate Filing: Update Accession Number: 20200731–5015. 20852. of FLU Reimbursement Percentages to Comments Due: 5 p.m. ET 8/12/20. be effective 9/1/2020. In addition to publishing the full text Docket Numbers: RP20–1061–000. Filed Date: 7/30/20. of this document in the Federal Applicants: Kinder Morgan Louisiana Accession Number: 20200730–5117. Pipeline LLC. Register, the Commission provides all Comments Due: 5 p.m. ET 8/11/20. interested persons an opportunity to Description: § 4(d) Rate Filing: Docket Numbers: RP20–1054–000. Modification to Tariff Filing to be view and/or print the contents of this Applicants: Rockies Express Pipeline document via the internet through the effective 9/1/2020. LLC. Filed Date: 7/31/20. Commission’s Home Page (http:// Description: § 4(d) Rate Filing: REX ferc.gov) using the ‘‘eLibrary’’ link. Accession Number: 20200731–5020. 2020–07–30 Non-Conforming Comments Due: 5 p.m. ET 8/12/20. Enter the docket number excluding the Negotiated Rate Amendment to be last three digits in the docket number effective 8/1/2020. Docket Numbers: RP20–1062–000. field to access the document. At this Filed Date: 7/30/20. Applicants: Gulf South Pipeline time, the Commission has suspended Accession Number: 20200730–5130. Company, LLC. access to the Commission’s Public Comments Due: 5 p.m. ET 8/11/20. Description: § 4(d) Rate Filing: Neg Rate Agmt (Southern 52143) to be Reference Room, due to the Docket Numbers: RP20–1055–000. effective 8/1/2020. proclamation declaring a National Applicants: Columbia Gas Filed Date: 7/31/20. Emergency concerning the Novel Transmission, LLC. Description: § 4(d) Rate Filing: Accession Number: 20200731–5054. Coronavirus Disease (COVID–19), issued Comments Due: 5 p.m. ET 8/12/20. by the President on March 13, 2020. For Vermillion Power NR/NC Agreement Docket Numbers: RP20–1063–000. assistance, contact the Federal Energy Filing to be effective 9/1/2020. Applicants: Gulf South Pipeline Regulatory Commission at Filed Date: 7/30/20. Company, LLC. [email protected], or call Accession Number: 20200730–5137. Comments Due: 5 p.m. ET 8/11/20. Description: § 4(d) Rate Filing: Cap toll-free, (886) 208–3676 or TYY, (202) Rel Neg Rate Agmts (Atlanta Gas 8438 502–8659. Docket Numbers: RP20–1056–000. Applicants: Transcontinental Gas releases eff 8–1–2020) to be effective 8/ Comment Date: 5:00 p.m. Eastern Pipe Line Company. 1/2020. Time on August 19, 2020. Description: § 4(d) Rate Filing: Filed Date: 7/31/20. Dated: July 31, 2020. Negotiated Rates—Cherokee AGL— Accession Number: 20200731–5056. Comments Due: 5 p.m. ET 8/12/20. Nathaniel J. Davis, Sr., Replacement Shippers—Aug 2020 to be effective 8/1/2020. Docket Numbers: RP20–1064–000. Deputy Secretary. Filed Date: 7/30/20. Applicants: Tennessee Gas Pipeline [FR Doc. 2020–17192 Filed 8–5–20; 8:45 am] Accession Number: 20200730–5152. Company, L.L.C. BILLING CODE 6717–01–P Comments Due: 5 p.m. ET 8/11/20. Description: § 4(d) Rate Filing: Docket Numbers: RP20–1057–000. Abandonment of X–48 in Volume No.2 Applicants: Transcontinental Gas to be effective 9/1/2020. Pipe Line Company. Filed Date: 7/31/20. Description: § 4(d) Rate Filing: SS–2 Accession Number: 20200731–5074. Clean-Up Filing to be effective 5/1/2020. Comments Due: 5 p.m. ET 8/12/20.

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The filings are accessible in the about proposals. This process is referred and how to participate in the Commission’s eLibrary system by to as ‘‘scoping.’’ The main goal of the Commission’s proceedings. It is also clicking on the links or querying the scoping process is to focus the analysis available for viewing on the FERC docket number. in the EA on the important website (www.ferc.gov) under the Any person desiring to intervene or environmental issues. By this notice, the natural gas Landowner Topics link. protest in any of the above proceedings Commission requests public comments must file in accordance with Rules 211 on the scope of issues to address in the Public Participation and 214 of the Commission’s EA. To ensure that your comments are The Commission offers a free service timely and properly recorded, please Regulations (18 CFR 385.211 and called eSubscription which makes it submit your comments so that the 385.214) on or before 5:00 p.m. Eastern easy to stay informed of all issuances Commission receives them in time on the specified comment date. and submittals regarding the dockets/ Washington, DC on or before 5:00 p.m. Protests may be considered, but projects to which you subscribe. These Eastern Time on August 31, 2020. intervention is necessary to become a instant email notifications are the fastest party to the proceeding. Comments may be submitted in written way to receive notification and provide eFiling is encouraged. More detailed form. Further details on how to submit a link to the document files which can information relating to filing comments are provided in the Public reduce the amount of time you spend requirements, interventions, protests, Participation section of this notice. researching proceedings. Go to https:// service, and qualifying facilities filings You can make a difference by www.ferc.gov/ferc-online/overview to can be found at: http://www.ferc.gov/ submitting your specific comments or register for eSubscription. docs-filing/efiling/filing-req.pdf. For concerns about the Project. Your other information, call (866) 208–3676 comments should focus on the potential For your convenience, there are three (toll free). For TTY, call (202) 502–8659. environmental effects, reasonable methods you can use to submit your alternatives, and measures to avoid or comments to the Commission. The Nathaniel J. Davis, Sr., lessen environmental impacts. Your Commission encourages electronic filing Deputy Secretary. input will help the Commission staff of comments and has staff available to [FR Doc. 2020–17194 Filed 8–5–20; 8:45 am] determine what issues they need to assist you at (866) 208–3676 or BILLING CODE 6717–01–P evaluate in the EA. Commission staff [email protected]. Please will consider all written comments carefully follow these instructions so during the preparation of the EA. that your comments are properly DEPARTMENT OF ENERGY If you sent comments on this project recorded. to the Commission before the opening of Federal Energy Regulatory this docket on June 30, 2020, you will (1) You can file your comments Commission need to file those comments in Docket electronically using the eComment feature, which is located on the [Docket No. CP20–490–000] No. CP20–490–000 to ensure they are considered as part of this proceeding. Commission’s website (www.ferc.gov) Columbia Gulf Transmission, LLC; This notice is being sent to the under the link to FERC Online. Using Notice of Intent To Prepare an Commission’s current environmental eComment is an easy method for Environmental Assessment for the mailing list for this project. State and submitting brief, text-only comments on Proposed Mainline 300 Replacement local government representatives should a project; Project, and Request for Comments on notify their constituents of this (2) You can file your comments Environmental Issues proposed project and encourage them to electronically by using the eFiling comment on their areas of concern. feature, which is located on the The staff of the Federal Energy If you are a landowner receiving this Commission’s website (www.ferc.gov) Regulatory Commission (FERC or notice, a pipeline company under the link to FERC Online. With Commission) will prepare an representative may contact you about eFiling, you can provide comments in a environmental assessment that will the acquisition of an easement to variety of formats by attaching them as discuss the environmental impacts of construct, operate, and maintain the a file with your submission. New the Mainline 300 Replacement Project proposed facilities. The company would eFiling users must first create an (Project) involving the replacement of seek to negotiate a mutually acceptable account by clicking on ‘‘eRegister.’’ You segments of an existing natural gas easement agreement. You are not will be asked to select the type of filing transmission pipeline in Menifee and required to enter into an agreement. you are making; a comment on a Montgomery Counties, Kentucky. The However, if the Commission approves particular project is considered a Commission will use this EA in its the Project, the Natural Gas Act conveys ‘‘Comment on a Filing’’; or decision-making process to determine the right of eminent domain to the whether the Project is in the public company. Therefore, if you and the (3) You can file a paper copy of your convenience and necessity. company do not reach an easement comments by mailing them to the This notice announces the opening of agreement, the pipeline company could Commission. Be sure to reference the the scoping process the Commission initiate condemnation proceedings in Project docket number CP20–490–000) will use to gather input from the public court. In such instances, compensation on your letter. Submissions sent via the and interested agencies about issues would be determined by a judge in U.S. Postal Service must be addressed regarding the Project. The National accordance with state law. to: Kimberly D. Bose, Secretary, Federal Environmental Policy Act (NEPA) Columbia Gulf Transmission, LLC Energy Regulatory Commission, 888 requires the Commission to take into (Columbia Gulf) provided landowners First Street NE, Room 1A, Washington, account the environmental impacts that with a fact sheet prepared by the FERC DC 20426. Submissions sent via any could result from its action whenever it entitled ‘‘An Interstate Natural Gas other carrier must be addressed to: considers the issuance of a Certificate of Facility On My Land? What Do I Need Kimberly D. Bose, Secretary, Federal Public Convenience and Necessity. To Know?’’ This fact sheet addresses a Energy Regulatory Commission, 12225 NEPA also requires the Commission to number of typically asked questions, Wilkins Avenue, Rockville, Maryland discover concerns the public may have including the use of eminent domain 20852.

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Summary of the Proposed Project • Geology and soils; for this project will document findings • Due to increased population density water resources and wetlands; on the impacts on historic properties • vegetation and wildlife; and summarize the status of in the area along certain discrete • threatened and endangered species; consultations under section 106. sections of Mainline 300, Columbia Gulf • cultural resources; is required, pursuant to Part 192 of the • land use; Environmental Mailing List U.S. Department of Transportation • air quality and noise; The environmental mailing list (DOT) regulations to remediate the • public safety; and pipeline and replace certain segments of • cumulative impacts includes federal, state, and local the pipeline. Columbia Gulf proposes to Commission staff will also evaluate government representatives and abandon and replace two segments of reasonable alternatives to the Project or agencies; elected officials; pipeline, totaling approximately 0.14 portions of the Project, and make environmental and public interest mile of pipeline in Montgomery and recommendations on how to lessen or groups; Native American Tribes; other Menifee Counties, Kentucky. The new avoid impacts on the various resource interested parties; and local libraries replacement pipeline would retain the areas. and newspapers. This list also includes maximum allowable operating pressure The EA will present Commission all affected landowners (as defined in (MAOP) of 1,050 pounds per square staffs’ independent analysis of the the Commission’s regulations) who are inch gauge. The replacement pipeline issues. The EA will be available in potential right-of-way grantors, whose segments would be abandoned by electronic format in the public record property may be used temporarily for removal and the new pipeline would be through eLibrary 2 and the Project purposes, or who own homes installed in its place. Commission’s natural gas within certain distances of aboveground The Project would involve the environmental documents web page facilities, and anyone who submits construction and operation of the (https://www.ferc.gov/industries-data/ comments on the project and includes a following facilities: natural-gas/environment/ mailing address with their comments. • Replacement of approximately 760 environmental-documents). If Commission staff will update the feet of existing 36-inch-diameter eSubscribed, you will receive instant environmental mailing list as the pipeline, with approximately 760 feet of email notification when the EA is analysis proceeds to ensure that new, 36-inch-diameter natural gas issued. The EA may be issued for an Commission notices related to this transmission pipeline from milepost allotted public comment period. environmental review are sent to all 6.76 to milepost 6.90; and, Commission staff will consider all individuals, organizations, and • Replacement of approximately 15 comments on the EA before making government entities interested in and/or feet of existing 36-inch-diameter recommendations to the Commission. potentially affected by the proposed pipeline, with approximately 15 feet of To ensure Commission staff have the project. new, 36-inch-diameter natural gas opportunity to address your comments, If the Commission issues the EA for transmission pipeline post 6.91 to please carefully follow the instructions an allotted public comment period, a milepost 6.91. in the Public Participation section, Notice of Availability of the EA will be The general location of the Project beginning on page 2. sent to the environmental mailing list facilities is shown in appendix 1.1 With this notice, the Commission is and will provide instructions to access Land Requirements for Construction asking agencies with jurisdiction by law the electronic document on the FERC’s and/or special expertise with respect to website (www.ferc.gov). If you need to Construction of the proposed facilities the environmental issues of this project make changes to your name/address, or would require the use of approximately to formally cooperate in the preparation if you would like to remove your name 9.9 acres of land, of which 3.5 acres of the EA.3 Agencies that would like to from the mailing list, please return the would be permanently affected during request cooperating agency status attached ‘‘Mailing List Update Form’’ operation of the Project. The land should follow the instructions for filing appendix 2. requirements of the Project include the comments provided under the Public existing permanent right-of-way, Participation section of this notice. Additional Information temporary construction right-of-way/ Additional information about the temporary workspace areas, and Consultation Under Section 106 of the project is available from the temporary access roads. Construction of National Historic Preservation Act Commission’s Office of External Affairs, the Project would result in both In accordance with the Advisory at (866) 208–FERC, or on the FERC temporary and permanent land Council on Historic Preservation’s website at www.ferc.gov using the disturbance. Following construction, implementing regulations for section eLibrary link. Click on the eLibrary link, land affected during construction would 106 of the National Historic click on ‘‘General Search’’ and enter the be restored to preconstruction contours. Preservation Act, the Commission is docket number in the ‘‘Docket Number’’ The EA Process using this notice to initiate consultation field, excluding the last three digits (i.e., with the applicable State Historic The EA will discuss impacts that CP20–490). Be sure you have selected Preservation Office, and to solicit their an appropriate date range. For could occur as a result of the views and those of other government construction and operation of the assistance, please contact FERC Online agencies, interested Indian tribes, and Support at [email protected] proposed Project under these general the public on the project’s potential headings: 4 or (866) 208–3676, or for TTY, contact effects on historic properties. The EA (202) 502–8659. The eLibrary link also 1 The appendices referenced in this notice will provides access to the texts of all formal 2 For instructions on connecting to eLibrary, refer not appear in the Federal Register. Copies of documents issued by the Commission, appendices were sent to all those receiving this to the last page of this notice. notice in the mail and are available at www.ferc.gov 3 The Council on Environmental Quality using the link called ‘‘eLibrary’’ or from the regulations addressing cooperating agency Regulations, Part 800. Those regulations define Commission’s Public Reference Room, 888 First responsibilities are at Title 40, Code of Federal historic properties as any prehistoric or historic Street NE, Washington, DC 20426, or call (202) 502– Regulations, Part 1501.6. district, site, building, structure, or object included 8371. For instructions on connecting to eLibrary, 4 The Advisory Council on Historic Preservation’s in or eligible for inclusion in the National Register refer to the last page of this notice. regulations are at Title 36, Code of Federal of Historic Places.

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such as orders, notices, and First Street NE, Washington, DC 20426. appropriate. Such notices, motions, or rulemakings. Hand delivered submissions in protests must be filed on or before the Public sessions or site visits will be docketed proceedings should be comment date. On or before the posted on the Commission’s calendar delivered to Health and Human comment date, it is not necessary to located at https://www.ferc.gov/news- Services, 12225 Wilkins Avenue, serve motions to intervene or protests events/events along with other related Rockville, Maryland 20852. on persons other than the Applicant. information. In addition to publishing the full text The Commission encourages of this document in the Federal Dated: July 31, 2020. electronic submission of protests and Register, the Commission provides all Kimberly D. Bose, interventions in lieu of paper using the interested persons an opportunity to ‘‘eFiling’’ link at http://www.ferc.gov. Secretary. view and/or print the contents of this Persons unable to file electronically [FR Doc. 2020–17190 Filed 8–5–20; 8:45 am] document via the internet through the should submit an original and 5 copies BILLING CODE 6717–01–P Commission’s Home Page (http:// of the protest or intervention to the ferc.gov) using the ‘‘eLibrary’’ link. Federal Energy Regulatory Commission, Enter the docket number excluding the 888 First Street NE, Washington, DC DEPARTMENT OF ENERGY last three digits in the docket number 20426. field to access the document. At this Federal Energy Regulatory In addition to publishing the full text time, the Commission has suspended Commission of this document in the Federal access to the Commission’s Public Register, The Commission provides all [Docket No. CP20–496–000] Reference Room, due to the interested persons an opportunity to proclamation declaring a National view and/or print the contents of this Andalusian Energy, LLC; Notice of Emergency concerning the Novel document via the internet through the Petition for Declaratory Order Coronavirus Disease (COVID–19), issued Commission’s Home Page (http:// by the President on March 13, 2020. For Take notice that on July 20, 2020, www.ferc.gov) using the ‘‘eLibrary’’ link. assistance, contact the Federal Energy pursuant to Rule 207(a)(2) of the Federal Enter the docket number excluding the Regulatory Commission at Energy Regulatory Commission’s last three digits in the docket number [email protected] or call (Commission) Rules of Practice and field to access the document. At this toll-free, (886) 208–3676 or TYY, (202) Procedure, Andalusian Energy, LLC time, the Commission has suspended 502–8659. (Andalusian) filed a petition for access to Commission’s Public Comment Date: 5:00 p.m. Eastern time Reference Room, due to the declaratory order requesting the on August 20, 2020. Commission issue an order stating that proclamation declaring a National Andalusian’s: (1) Proposed compressed Dated: July 31, 2020. Emergency concerning the Novel natural gas (CNG) production facility; Kimberly D. Bose, Coronavirus Disease (COVID–19), issued (2) the docks from which Andalusian Secretary. by the President on March 13, 2020. For will export the CNG; and (3) [FR Doc. 2020–17188 Filed 8–5–20; 8:45 am] assistance, contact FERC at Andalusian’s proposal to construct an BILLING CODE 6717–01–P [email protected] or call on-site truck fueling station, a bunkering toll-free, (886) 208–3676 or TYY, (202) pipeline to transport end-use fuel to 502–8659. vessels, and provide an industrial DEPARTMENT OF ENERGY Comment Date: 5:00 p.m. Eastern fueling service to industrial customers Time on August 20, 2020. in Texas are not subject to the Federal Energy Regulatory Commission Dated: July 31, 2020. Commission’s jurisdiction under section Kimberly D. Bose, 3 or section 7 of the Natural Gas Act, 15 [Docket No. EL18–6–004] Secretary. U.S.C. 717b and 717f (2018). [FR Doc. 2020–17183 Filed 8–5–20; 8:45 am] Any person desiring to intervene or to FirstEnergy Service Company; Notice BILLING CODE 6717–01–P protest this filing must file in of Filing accordance with Rules 211 and 214 of Take notice that on July 30, 2020, the Commission’s Rules of Practice and FirstEnergy Service Company submitted DEPARTMENT OF ENERGY Procedure (18 CFR 385.211, 385.214). a Notice of Change in Circumstances in Protests will be considered by the compliance with the Federal Energy Federal Energy Regulatory Commission in determining the Regulatory Commission (Commission), Commission appropriate action to be taken, but will in the above captioned proceeding, on [Docket No. CP20–471–000] not serve to make protestants parties to February 2, 2018.1 the proceeding. Any person wishing to Any person desiring to intervene or to Texas Eastern Transmission LP; become a party must file a notice of protest this filing must file in Notice of Schedule for Environmental intervention or motion to intervene, as accordance with Rules 211 and 214 of Review of the Bailey East Mine Panel appropriate. Such notices, motions, or the Commission’s Rules of Practice and 12j Project protests must be filed on or before the Procedure (18 CFR 385.211, 385.214). comment date. Anyone filing a motion Protests will be considered by the On June 1, 2020, Texas Eastern to intervene or protest must serve a copy Commission in determining the Transmission LP (Texas Eastern) filed of that document on the Petitioner. appropriate action to be taken, but will an application in Docket No. CP20–471– The Commission encourages not serve to make protestants parties to 000 requesting a Certificate of Public electronic submission of protests and the proceeding. Any person wishing to Convenience and Necessity pursuant to interventions in lieu of paper using the become a party must file a notice of Section 7(c) of the Natural Gas Act to ‘‘eFiling’’ link at http://www.ferc.gov. intervention or motion to intervene, as construct and operate certain natural gas Persons unable to file electronically may pipeline facilities. The proposed project, mail similar pleadings to the Federal 1 FirstEnergy Corp., 162 FERC ¶ 61,087 (2018) known as the Bailey East Mine Panel 12J Energy Regulatory Commission, 888 (2018 Waiver Order). Project (Project), would ensure safe and

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efficient operation of existing Texas all formal issuances and submittals in i. FERC Contact: Jennifer Ambler, Eastern pipeline facilities for the specific dockets, the Commission offers (202) 502–8586, jennifer.ambler@ duration of planned longwall mining a free service called eSubscription. This ferc.gov. activities. can reduce the amount of time you j. Deadline for filing comments, On June 12, 2020, the Federal Energy spend researching proceedings by motions to intervene, and protests: Regulatory Commission (Commission or automatically providing you with August 17, 2020. FERC) issued its Notice of Application notification of these filings, document The Commission strongly encourages for the Project. Among other things, that summaries, and direct links to the electronic filing. Please file comments, notice alerted agencies issuing federal documents. Go to https://www.ferc.gov/ motions to intervene, and protests using authorizations of the requirement to ferc-online/overview to register for the Commission’s eFiling system at complete all necessary reviews and to eSubscription. http://www.ferc.gov/docs-filing/ reach a final decision on a request for Additional information about the efiling.asp. Commenters can submit a federal authorization within 90 days of Project is available from the brief comments up to 6,000 characters, the date of issuance of the Commission Commission’s Office of External Affairs without prior registration, using the staff’s Environmental Assessment (EA) at (866) 208–FERC or on the FERC eComment system at http:// for the Project. This instant notice website (www.ferc.gov). Using the www.ferc.gov/docs-filing/ identifies the FERC staff’s planned ‘‘eLibrary’’ link, select ‘‘General Search’’ ecomment.asp. You must include your schedule for the completion of the EA from the eLibrary menu, enter the name and contact information at the end for the Project. selected date range and ‘‘Docket of your comments. For assistance, please contact FERC Online Support at Schedule for Environmental Review Number’’ excluding the last three digits (i.e., CP20–471), and follow the [email protected], (866) Issuance of EA October 19, 2020 instructions. For assistance with access 208–3676 (toll free), or (202) 502–8659 90-day Federal Authorization Decision to eLibrary, the helpline can be reached (TTY). In lieu of electronic filing, you Deadline January 17, 2021 at (866) 208–3676, TTY (202) 502–8659, may submit a paper copy. Submissions If a schedule change becomes or at [email protected]. The sent via the U.S. Postal Service must be necessary, additional notice will be eLibrary link on the FERC website also addressed to: Kimberly D. Bose, provided so that the relevant agencies provides access to the texts of formal Secretary, Federal Energy Regulatory are kept informed of the Project’s documents issued by the Commission, Commission, 888 First Street NE, Room progress. such as orders, notices, and rule 1A, Washington, DC 20426. makings. Submissions sent via any other carrier Project Description must be addressed to: Kimberly D. Bose, Texas Eastern proposes to excavate, Dated: July 31, 2020. Secretary, Federal Energy Regulatory elevate, and replace sections of four Kimberly D. Bose, Commission, 12225 Wilkins Avenue, natural gas transmission pipelines due Secretary. Rockville, Maryland 20852. The first to longwall mining activities in [FR Doc. 2020–17185 Filed 8–5–20; 8:45 am] page of any filing should include the Marshall County, West Virginia. The BILLING CODE 6717–01–P docket number P–5737–007. Comments project would allow for safe and emailed to Commission staff are not efficient operation of Texas Eastern’s considered part of the Commission existing pipeline facilities for the DEPARTMENT OF ENERGY record. duration of the longwall mining The Commission’s Rules of Practice activities planned by CONSOL Energy Federal Energy Regulatory and Procedure require all intervenors Inc. in the area beneath Texas Eastern’s Commission filing documents with the Commission pipelines. The four mainline segments [Project No. 5737–007] to serve a copy of that document on will remain in-service and be elevated each person whose name appears on the using sandbags and skids for about 2 Santa Clara Valley Water District; official service list for the project. years until the longwall mining Notice of Reservoir Drawdown and Further, if an intervenor files comments activities have completed and any Operations Plan Accepted for Filing or documents with the Commission potential ground subsidence has settled. and Soliciting Comments, Motions To relating to the merits of an issue that Intervene, and Protests may affect the responsibilities of a Background particular resource agency, they must On July 13, 2020, the Commission Take notice that the following also serve a copy of the document on issued a Notice of Intent to Prepare an hydroelectric plan has been filed with that resource agency. Environmental Assessment for the the Commission and is available for k. Description of Request: On Proposed Bailey East Mine Panel 12J public inspection: February 20, 2020, Commission staff Project and Request for Comments on a. Filing Type: Reservoir Drawdown required Santa Clara Valley Water Environmental Issues (NOI). The NOI and Operations Plan. District (exemptee) to implement dam was sent to affected landowners; federal, b. Project No: 5737–007. safety interim risk reduction measures state, and local government agencies; c. Date Filed: July 27, 2020. at the Anderson Dam Project including: elected officials; environmental and d. Applicant: Santa Clara Valley Holding the reservoir elevation at or public interest groups; Native American Water District. below 565 feet (ft); requiring the tribes; other interested parties; and local e. Name of Project: Anderson Dam exemptee to begin by October 1, 2020 a libraries and newspapers. In response to Hydroelectric Project. drawdown of the reservoir to elevation the NOI, the Commission received no f. Location: The project is located on 488 ft; and expediting the construction comments to date. All substantive Coyote Creek in Santa Clara County, CA. of a low-level outlet at the dam. These comments will be addressed in the EA. g. Filed Pursuant to: Federal Power measures are required to reduce seismic Act, 16 U.S.C. 791a–825r. instability risks until a larger retrofit of Additional Information h. Applicant Contact: Christopher the dam can be implemented. The In order to receive notification of the Hakes, (408) 630–3796, chakes@ exemptee proposes in its July 27, 2020 issuance of the EA and to keep track of valleywater.org. Reservoir Drawdown and Operations

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Plan to begin the drawdown of the responds; (3) furnish the name, address, [email protected] or toll- reservoir on October 1, 2020 with the and telephone number of the person free at (866) 208–3676, or for TTY, (202) reservoir level of 488 ft expected to be commenting, protesting or intervening; 502–8659. reached by April 2021. The proposed and (4) otherwise comply with the You may also register online at low-level outlet works would be located requirements of 18 CFR 385.2001 https://ferconline.ferc.gov/ in proximity to the existing outlet at the through 385.2005. All comments, eSubscription.aspx to be notified via base of Anderson Dam with motions to intervene, or protests must email of new filings and issuances construction proposed to start in early set forth their evidentiary basis. Any related to this or other pending projects. 2021 and completed in late 2023. The filing made by an intervenor must be For assistance, contact FERC Online exemptee also proposes, as mitigation accompanied by proof of service on all Support. measures, the following actions, persons listed in the service list For further information, contact Amy including some downstream of the prepared by the Commission in this Chang at (202) 502–8250, or at Anderson Dam project: Reservoir rim proceeding, in accordance with 18 CFR [email protected]. monitoring and channel stabilization; 385.2010. Dated: July 31, 2020. reconstruct the downstream Coyote Dated: July 31, 2020. Kimberly D. Bose, Percolation Dam to withstand higher Secretary. flows from the proposed low-level Kimberly D. Bose, outlet; extend the Cross Valley Pipeline Secretary. [FR Doc. 2020–17187 Filed 8–5–20; 8:45 am] and add chillers to supplement water to [FR Doc. 2020–17184 Filed 8–5–20; 8:45 am] BILLING CODE 6717–01–P Coyote Creek to support groundwater BILLING CODE 6717–01–P recharge and fisheries; relocate and rescue steelhead; and build flood walls, ENVIRONMENTAL PROTECTION and elevate or acquire property that DEPARTMENT OF ENERGY AGENCY have the potential to be affected by Federal Energy Regulatory [FRL–10012–01–Region 5] flows from the operation of the Commission proposed low-level outlet. Public Water System Supervision l. Locations of the Plan: This filing [Project No. 2669–089] Program Approval for the State of may be viewed on the Commission’s Illinois website at http://www.ferc.gov using the Bear Swamp Power Company, LLC; ‘‘eLibrary’’ link. Enter the docket Notice of Availability of Environmental AGENCY: Environmental Protection number excluding the last three digits in Assessment Agency (EPA). the docket number field to access the ACTION: Notice of tentative approval. document. You may also register online In accordance with the National SUMMARY: Notice is hereby given that at http://www.ferc.gov/docs-filing/ Environmental Policy Act of 1969 and the Environmental Protection Agency esubscription.asp to be notified via the Federal Energy Regulatory (EPA) tentatively approved a revision to email of new filings and issuances Commission’s (Commission) the state of Illinois Public Water System related to this or other pending projects. regulations, 18 CFR part 380, the Office Supervision Program under the federal For assistance, call 1–866–208–3676 or of Energy Projects has reviewed the Safe Drinking Water Act (SDWA) by email [email protected], for application for license for the Bear adopting the Consumer Confidence TTY, call (202) 502–8659. Swamp Project, located on the Deerfield m. Individuals desiring to be included River, in Berkshire and Franklin Report Rule. The EPA has determined on the Commission’s mailing list should Counties, Massachusetts, and has this revision is no less stringent than the so indicate by writing to the Secretary prepared a Final Environmental corresponding federal regulation. of the Commission. Assessment (FEA) for the project. Therefore, the EPA intends to approve n. Comments, Protests, or Motions to The FEA contains staff’s analysis of this revision to the state of Illinois Intervene: Anyone may submit the potential environmental impacts of Public Water System Supervision comments, a protest, or a motion to the project and concludes that licensing Program, thereby giving Illinois intervene in accordance with the the project, with appropriate Environmental Protection Agency requirements of Rules of Practice and environmental protective measures, primary enforcement responsibility for Procedure, 18 CFR 385.210, .211, .214, would not constitute a major federal this regulation. respectively. In determining the action that would significantly affect the DATES: Any interested party may request appropriate action to take, the quality of the human environment. a public hearing on this determination. Commission will consider all protests or The Commission provides all A request for a public hearing must be other comments filed, but only those interested persons with an opportunity submitted by September 8, 2020. The who file a motion to intervene in to view and/or print the FEA via the EPA Region 5 Administrator may deny accordance with the Commission’s internet through the Commission’s frivolous or insubstantial requests for a Rules may become a party to the Home Page (http://www.ferc.gov) using hearing. However, if a substantial proceeding. Any comments, protests, or the ‘‘eLibrary’’ link. Enter the docket request for a public hearing is made by motions to intervene must be received number, excluding the last three digits September 8, 2020, EPA Region 5 will on or before the specified comment date in the docket number field, to access the hold a public hearing, and a notice of for the particular application. document. At this time, the Commission such hearing will be published in the o. Filing and Service of Documents: has suspended access to the Federal Register and a newspaper of Any filing must: (1) Bear in all capital Commission’s Public Reference Room, general circulation. Any request for a letters the title ‘‘COMMENTS’’, due to the proclamation declaring a public hearing shall include the ‘‘PROTEST’’, or ‘‘MOTION TO National Emergency concerning the following information: the name, INTERVENE’’ as applicable; (2) set forth Novel Coronavirus Disease (COVID–19), address, and telephone number of the in the heading the name of the applicant issued by the President on March 13, individual, organization, or other entity and the project number of the 2020. For assistance, contact FERC requesting a hearing; a brief statement of application to which the filing Online Support at the requesting person’s interest in the

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Regional Administrator’s determination SUMMARY: In accordance with the services and docket access, visit https:// and a brief statement of the information Federal Insecticide, Fungicide, and www.epa.gov/dockets. that the requesting person intends to Rodenticide Act (FIFRA), EPA is issuing FOR FURTHER INFORMATION CONTACT: submit at such hearing; and the a notice of receipt of requests by the Patricia Biggio, Pesticide Re-Evaluation signature of the individual making the registrants to voluntarily cancel their Division (7508P), Office of Pesticide request, or, if the request is made on registrations of certain products Programs, Environmental Protection behalf of an organization or other entity, containing the pesticide Agency, 1200 Pennsylvania Ave. NW, the signature of a responsible official of tetrachlorvinphos (TCVP), or to amend Washington, DC 20460–0001; telephone the organization or other entity. If EPA their TCVP product registrations to number: (703) 347–0547; email address: Region 5 does not receive a timely and terminate or delete one or more uses. [email protected]. appropriate request for a hearing and The requests would terminate TCVP use SUPPLEMENTARY INFORMATION: the Regional Administrator does not of Chem-Tech, Ltd. (Chem-Tech) dust elect to hold a hearing on his own formulations on cats and dogs, I. Executive Summary motion, this determination shall become voluntarily cancel TCVP dust There are two registrants for TCVP final and effective on September 8, 2020 formulations produced by The Hartz products registered for use on cats and and no further public notice will be Mountain Corporation (Hartz) for dogs, Hartz and Chem-Tech. The issued. domestic animals (cats and dogs) and registrants have submitted requests for ADDRESSES: All documents relating to cancel one of Hartz’s pet collars for cats. voluntary cancelations or use this determination are available for The requests would not terminate the terminations. last TCVP products registered for use in inspection at the following offices II. General Information between the hours of 9 a.m. and 4 p.m., the United States, or the last TCVP Monday through Friday, except for pesticide products registered in the A. Does this action apply to me? United States for these uses. EPA official holidays and unless the offices This action is directed to the public intends to grant these requests at the are inaccessible due to COVID 19: in general and may be of interest to a close of the comment period for this Illinois Environmental Protection wide range of stakeholders including announcement unless the Agency Agency, 1021 North Grand Avenue East, environmental and human health receives substantive comments within P.O. Box 19276, Springfield, Illinois advocates; the chemical industry; the comment period that would merit its 62794–9276; and the U.S. pesticide users; and members of the further review of the requests. If these Environmental Protection Agency public interested in the sale, requests are granted, any sale, Region 5, Ground Water and Drinking distribution, or use of pesticides. Since distribution, or use of products listed in Water Branch (WG–15J), 77 W Jackson others also may be interested, the this notice will be permitted after the Blvd., Chicago, IL 60604. Requestors can Agency has not attempted to describe all registrations have been canceled or uses email Cynthia Meyer, meyer.cynthia@ the specific entities that may be affected terminated only if such sale, epa.gov, to receive documents related to by this action. this determination if offices are distribution, or use is consistent with inaccessible. the terms as described in the final order. B. What should I consider as I prepare DATES: Comments must be received on my comments for EPA? FOR FURTHER INFORMATION CONTACT: or before September 8, 2020. Cynthia Meyer, EPA Region 5, Ground 1. Submitting CBI. Do not submit this Water and Drinking Water Branch, at ADDRESSES: Submit your comments, information to EPA through the address given above, by telephone at identified by docket identification (ID) regulations.gov or email. Clearly mark 312–886–5868, or at meyer.cynthia@ number EPA–HQ–OPP–2009–0308, by the part or all of the information that epa.gov. one of the following methods: you claim to be CBI. For CBI • information in a disk or CD–ROM that Authority: Section 1413 of the Safe Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online you mail to EPA, mark the outside of the Drinking Water Act, 42 U.S.C. 300g–2, and disk or CD–ROM as CBI and then the federal regulations implementing Section instructions for submitting comments. identify electronically within the disk or 1413 of the Act set forth at 40 CFR part 142. Do not submit electronically any information you consider to be CD–ROM the specific information that Dated: July 30, 2020. is claimed as CBI. In addition to one Kurt Thiede, Confidential Business Information (CBI) or other information whose disclosure is complete version of the comment that Regional Administrator, Region 5. restricted by statute. includes information claimed as CBI, a [FR Doc. 2020–17162 Filed 8–5–20; 8:45 am] copy of the comment that does not • Mail: OPP Docket, Environmental BILLING CODE 6560–50–P contain the information claimed as CBI Protection Agency Docket Center (EPA/ must be submitted for inclusion in the DC), (28221T), 1200 Pennsylvania Ave. public docket. Information so marked ENVIRONMENTAL PROTECTION NW, Washington, DC 20460–0001. will not be disclosed except in • AGENCY Hand Delivery: To make special accordance with procedures set forth in arrangements for hand delivery or 40 CFR part 2. [EPA–HQ–OPP–2009–0308; FRL–10012–80] delivery of boxed information, please 2. Tips for preparing your comments. follow the instructions at http:// When preparing and submitting your Tetrachlorvinphos; Notice of Receipt www.epa.gov/dockets/contacts.html. comments, see the commenting tips at of Requests to Voluntarily Cancel Due to the public health concerns http://www.epa.gov/dockets/ Certain Pesticide Registrations and related to COVID–19, the EPA Docket comments.html. Amend Registrations To Terminate Center (EPA/DC) and Reading Room is Certain Uses closed to visitors with limited III. Background on the Receipt of exceptions. The staff continues to Requests To Cancel and/or Amend AGENCY: Environmental Protection Registrations To Delete Uses Agency (EPA). provide remote customer service via email, phone, and webform. For the This notice announces receipt by EPA ACTION: Notice. latest status information on EPA/DC of requests from registrants Hartz and

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Chem-Tech to cancel certain products or These pet products and their impending certain registrations or terminate certain terminate certain uses of TCVP product actions are identified in Tables 1 and 2 uses of TCVP product registrations. The registrations. TCVP is an of Unit IV. These actions on the affected products and the registrants organophosphate insecticide used to registrants’ requests will not terminate making the requests are identified in control fleas, ticks, various flies, lice, the last TCVP products registered in the Tables 1 and 2 of this unit. and insect larvae on livestock and United States, or the last TCVP pesticide Unless the Agency determines that domestic animals and their premises. In products registered in the United States there are substantive comments that letters dated June 19, 2020 and July 10, for these uses. 2020, Chem-Tech and Hartz, warrant further review of this request, respectively, requested EPA to either IV. What action is the Agency taking? EPA intends to issue an order canceling cancel or amend registrations for certain This notice announces receipt by EPA or terminating uses from the affected pet use products containing TCVP. of requests from registrants to cancel registrations.

TABLE 1—TCVP PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR TERMINATION OF USE

Registration No. Product name Company Uses to be deleted

47000–123 ...... Clean Crop Livestock 1% Rabon Dust .. Chem-Tech, Ltd ...... Dogs, Cats.

TABLE 2—TCVP PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product name Company

2596–63 ...... Hartz 2 in 1 Plus Long Lasting Collar for Cats ...... The Hartz Mountain Corporation. 2596–78 ...... Hartz 2 in 1 Flea and Tick Powder for Cats ...... The Hartz Mountain Corporation. 2596–79 ...... Hartz 2 in 1 Flea and Tick Powder for Dogs ...... The Hartz Mountain Corporation.

Table 3 of this unit includes the Table 1 and Table 2 of this unit, in part of the EPA registration numbers of names and addresses of record for the sequence by EPA company number. the products listed in Table 1 and Table registrants of the products listed in This number corresponds to the first 2 of this unit.

TABLE 3—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION AND/OR TERMINATION OF USE

EPA company Company name and address No.

2596 ...... The Hartz Mountain Corporation, 400 Plaza Drive, Seacaucus, NJ 07094. 47000 ...... Chem-Tech, Ltd., 620 Lesher Place, Lansing, MI 48912.

V. What is the Agency’s authority for the 180-day comment provision does 78 and 2596–79 (dust products) after taking this action? not apply, and EPA is providing a 30- July 31, 2020, or as soon as EPA issues Section 6(f)(1) of FIFRA (7 U.S.C. day comment period on the requests. an order on the request following the 136d(f)(1)) provides that a registrant of VI. Provisions for Disposition of public comment period announced in a pesticide product may at any time Existing Stocks this Notice, and may not sell or request that any of its pesticide distribute existing stocks of its dust registrations be canceled or amended to Existing stocks are those stocks of products after March 31, 2021, except terminate one or more uses. FIFRA registered pesticide products that are for export consistent with FIFRA section further provides that, before acting on currently in the United States and that 17 (7 U.S.C. 136o) or for proper the request, EPA must publish a notice were packaged, labeled, and released for disposal. Hartz may sell or distribute of receipt of any such request in the shipment prior to the effective date of existing stocks of EPA Reg. No. 2596–63 Federal Register. the action. If the requests for voluntary (cat collar) until exhausted. Section 6(f)(1)(B) of FIFRA (7 U.S.C. cancellation and termination of uses are granted, the Agency intends to publish Once EPA has approved product 136d(f)(1)(B)) requires that before acting labels reflecting the requested on a request for voluntary cancellation, the cancellation order in the Federal termination of uses pertaining to EPA EPA must provide a 30-day public Register. Reg. No. 47000–123, registrants will be comment period on the request for In any order issued in response to voluntary cancellation or use these requests for cancellation of permitted to sell or distribute products termination. In addition, FIFRA section product registrations and for under the previously approved labeling, 6(f)(1)(C) (7 U.S.C. 136d(f)(1)(C)) termination of uses, EPA anticipates it if appropriate, according to the terms of provides for the possibility of a 180-day will include the following provisions for the label approval. Thereafter, comment period where a voluntary the treatment of any existing stocks of registrants will be prohibited from cancellation involves a pesticide the products listed in Tables 1 and 2 of selling or distributing the products registered for at least one minor Unit IV: whose labels include the deleted uses agricultural use. Hartz may not ‘‘release for shipment,’’ identified in Table 1 of Unit IV., except Because the TCVP pet uses here do as that term is defined by 40 CFR 152.3, for export consistent with FIFRA section not involve any minor agricultural uses, any product under EPA Reg. Nos. 2596– 17 or for proper disposal.

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Persons other than the registrants may Dated: July 28, 2020. Receiver for each of the following sell, distribute, or use existing stocks of Mary Reaves, insured depository institutions, was canceled products until supplies are Acting Director, Pesticide Re-Evaluation charged with the duty of winding up the exhausted, provided that such sale, Division, Office of Pesticide Programs. affairs of the former institutions and distribution, or use is consistent with [FR Doc. 2020–17114 Filed 8–5–20; 8:45 am] liquidating all related assets. The the terms of the previously approved BILLING CODE 6560–50–P Receiver has fulfilled its obligations and labeling on, or that accompanied, the made all dividend distributions canceled products. required by law. FEDERAL DEPOSIT INSURANCE Authority: 7 U.S.C. 136 et seq. CORPORATION Notice of Termination of Receiverships The Federal Deposit Insurance Corporation (FDIC or Receiver), as

NOTICE OF TERMINATION OF RECEIVERSHIPS

Termination Fund Receivership name City State date

10145 ...... United Security Bank ...... Sparta ...... GA 8/1/2020 10170 ...... Town Community Bank & Trust ...... Antioch ...... IL 8/1/2020

The Receiver has further irrevocably HSR–F (01).’’ This SEP meeting will be individuals associated with the grant authorized and appointed FDIC- closed to the public. applications, the disclosure of which Corporate as its attorney-in-fact to DATES: August 26, 2020. would constitute a clearly unwarranted execute and file any and all documents ADDRESSES: Agency for Healthcare invasion of personal privacy. that may be required to be executed by Research and Quality (Video Assisted Agenda items for this meeting are the Receiver which FDIC-Corporate, in Review), 5600 Fishers Lane, Rockville, subject to change as priorities dictate. its sole discretion, deems necessary, Maryland 20850. Dated: August 3, 2020. including but not limited to releases, FOR FURTHER INFORMATION CONTACT: Virginia L. Mackay-Smith, discharges, satisfactions, endorsements, Jenny Griffith, Committee Management Associate Director. assignments, and deeds. Effective on the Officer, Office of Extramural Research, termination dates listed above, the [FR Doc. 2020–17224 Filed 8–5–20; 8:45 am] Education and Priority Populations, BILLING CODE 4160–90–P Receiverships have been terminated, the Agency for Healthcare Research and Receiver has been discharged, and the Quality, (AHRQ), 5600 Fishers Lane, Receiverships have ceased to exist as Rockville, Maryland 20850, Telephone: DEPARTMENT OF HEALTH AND legal entities. (301)427–1557. HUMAN SERVICES (Authority: 12 U.S.C. 1819) SUPPLEMENTARY INFORMATION: A Special Federal Deposit Insurance Corporation. Emphasis Panel is a group of experts in Food and Drug Administration Dated at Washington, DC, on August 3, fields related to health care research [Docket No. FDA–2011–N–0424] 2020. who are invited by the AHRQ, and agree James P. Sheesley, to be available, to conduct on an as Agency Information Collection Acting Assistant Executive Secretary. needed basis, scientific reviews of Activities; Submission for Office of [FR Doc. 2020–17208 Filed 8–5–20; 8:45 am] applications for AHRQ support. Management and Budget Review; Individual members of the Panel do not BILLING CODE 6714–01–P Comment Request; Temporary attend regularly-scheduled meetings Marketing Permit Applications and do not serve for fixed terms or a long period of time. Rather, they are AGENCY: Food and Drug Administration, Health and Human Services (HHS). DEPARTMENT OF HEALTH AND asked to participate in particular review HUMAN SERVICES meetings which require their type of ACTION: Notice. expertise. SUMMARY: The Food and Drug Agency for Healthcare Research and The SEP meeting referenced above Administration (FDA) is announcing Quality will be closed to the public in accordance with the provisions set forth that a proposed collection of Notice of Meeting in 5 U.S.C. App. 2, section 10(d), 5 information has been submitted to the U.S.C. 552b(c)(4), and 5 U.S.C. Office of Management and Budget AGENCY: Agency for Healthcare Research 552b(c)(6). Grant applications for the (OMB) for review and clearance under and Quality, HHS. ‘‘HEALTHCARE INFORMATION the Paperwork Reduction Act of 1995. ACTION: Notice. TECHNOLOGY RESEARCH (HITR) DATES: Submit written comments 2020/10–ZHS1 HSR–F (01)’’ is to be (including recommendations) on the SUMMARY: The Agency for Healthcare reviewed and discussed at this meeting. collection of information by September Research and Quality (AHRQ) The grant applications and the 8, 2020. announces a Special Emphasis Panel discussions could disclose confidential ADDRESSES: To ensure that comments on (SEP) meeting on ‘‘HEALTHCARE trade secrets or commercial property the information collection are received, INFORMATION TECHNOLOGY such as patentable material, and OMB recommends that written RESEARCH (HITR) 2020/10–ZHS1 personal information concerning comments be submitted to https://

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www.reginfo.gov/public/do/PRAMain. Temporary Marketing Permit from applicable definitions and Find this particular information Applications—21 CFR 130.17(c) and (i) standards of identity. The information so obtained can be used in support of collection by selecting ‘‘Currently under OMB Control Number 0910–0133— a petition to establish or amend the Review—Open for Public Comments’’ or Extension by using the search function. The OMB applicable definition or standard of control number for this information Section 401 of the Federal Food, Drug, identity to provide for the variations. and Cosmetic Act (21 U.S.C. 341) (FD&C collection is 0910–0133. Also include Section 130.17(i) specifies the Act) directs FDA to issue regulations the FDA docket number found in information that a firm must submit to establishing definitions and standards of brackets in the heading of this FDA to obtain an extension of a identity for food. Under section 403(g) temporary marketing permit. document. of the FD&C Act (21 U.S.C. 343(g)), a Description of Respondents: food that is subject to a definition and FOR FURTHER INFORMATION CONTACT: Respondents to this collection of standard of identity prescribed by Domini Bean, Office of Operations, information include private sector regulation is misbranded if it does not Food and Drug Administration, Three businesses including institutional and/ conform to such definition and standard White Flint North, 10A–12M, 11601 or industrial customers and food of identity. Section 130.17 (21 CFR industry members such as Landsdown St., North Bethesda, MD 130.17) provides for the issuance by manufacturers, packers, or distributors 20852, 301–796–5733, PRAStaff@ FDA of temporary marketing permits desiring to apply for a temporary fda.hhs.gov. that enable the food industry to test consumer acceptance and measure the marketing permit or permit extension. SUPPLEMENTARY INFORMATION: In In the Federal Register of April 16, compliance with 44 U.S.C. 3507, FDA technological and commercial feasibility in interstate commerce of experimental 2020 (85 FR 21247), we published a 60- has submitted the following proposed packs of food that deviate from day notice requesting public comment collection of information to OMB for applicable definitions and standards of on the proposed collection of review and clearance. identity. Section 130.17(c) enables the information. No comments were Agency to monitor the manufacture, received. labeling, and distribution of We estimate the burden of this experimental packs of food that deviate collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average Number of responses Total annual burden 21 CFR section; activity respondents per responses per response Total hours respondent (in hours)

130.17(c); Request for temporary marketing permit ...... 13 2 26 25 650 130.17(i); Request to extend marketing permit ...... 1 2 2 2 4

Total ...... 654 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on a review of the information SUMMARY: The Food and Drug electronic filing system will accept collection since our last request for Administration (FDA, Agency, or we) is comments until 11:59 p.m. Eastern Time OMB approval, we have made no announcing an opportunity for public at the end of October 5, 2020. Comments adjustments to our burden estimate. comment on the proposed collection of received by mail/hand delivery/courier Dated: July 31, 2020. certain information by the Agency. (for written/paper submissions) will be Lauren K. Roth, Under the Paperwork Reduction Act of considered timely if they are 1995 (PRA), Federal Agencies are postmarked or the delivery service Associate Commissioner for Policy. required to publish notice in the acceptance receipt is on or before that [FR Doc. 2020–17168 Filed 8–5–20; 8:45 am] Federal Register concerning each date. BILLING CODE 4164–01–P proposed collection of information, Electronic Submissions including each proposed extension of an existing collection of information, and Submit electronic comments in the DEPARTMENT OF HEALTH AND to allow 60 days for public comment in following way: HUMAN SERVICES response to the notice. This notice • Federal eRulemaking Portal: Food and Drug Administration solicits comments on reporting https://www.regulations.gov. Follow the requirements associated with extralabel instructions for submitting comments. drug use in animals. Comments submitted electronically, [Docket No. FDA–2008–N–0312] including attachments, to https:// DATES: Submit either electronic or www.regulations.gov will be posted to Agency Information Collection written comments on the collection of the docket unchanged. Because your Activities; Proposed Collection; information by October 5, 2020. Comment Request; Extralabel Drug comment will be made public, you are Use in Animals ADDRESSES: You may submit comments solely responsible for ensuring that your as follows. Please note that late, comment does not include any AGENCY: Food and Drug Administration, untimely filed comments will not be confidential information that you or a HHS. considered. Electronic comments must third party may not wish to be posted, be submitted on or before October 5, such as medical information, your or ACTION: Notice. 2020. The https://www.regulations.gov anyone else’s Social Security number, or

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confidential business information, such https://www.regulations.gov. Submit comments on these topics: (1) Whether as a manufacturing process. Please note both copies to the Dockets Management the proposed collection of information that if you include your name, contact Staff. If you do not wish your name and is necessary for the proper performance information, or other information that contact information to be made publicly of FDA’s functions, including whether identifies you in the body of your available, you can provide this the information will have practical comments, that information will be information on the cover sheet and not utility; (2) the accuracy of FDA’s posted on https://www.regulations.gov. in the body of your comments and you estimate of the burden of the proposed • If you want to submit a comment must identify this information as collection of information, including the with confidential information that you ‘‘confidential.’’ Any information marked validity of the methodology and do not wish to be made available to the as ‘‘confidential’’ will not be disclosed assumptions used; (3) ways to enhance public, submit the comment as a except in accordance with 21 CFR 10.20 the quality, utility, and clarity of the written/paper submission and in the and other applicable disclosure law. For information to be collected; and (4) manner detailed (see ‘‘Written/Paper more information about FDA’s posting ways to minimize the burden of the Submissions’’ and ‘‘Instructions’’). of comments to public dockets, see 80 collection of information on Written/Paper Submissions FR 56469, September 18, 2015, or access respondents, including through the use the information at: https:// of automated collection techniques, Submit written/paper submissions as www.govinfo.gov/content/pkg/FR-2015- when appropriate, and other forms of follows: • 09-18/pdf/2015-23389.pdf. information technology. Mail/Hand delivery/Courier (for Docket: For access to the docket to written/paper submissions): Dockets read background documents or the Extralabel Drug Use for Animals—21 Management Staff (HFA–305), Food and electronic and written/paper comments CFR 530 Drug Administration, 5630 Fishers received, go to https:// Lane, Rm. 1061, Rockville, MD 20852. OMB Control Number 0910–0325— • For written/paper comments www.regulations.gov and insert the Extension submitted to the Dockets Management docket number, found in brackets in the The Animal Medicinal Drug Use Staff, FDA will post your comment, as heading of this document, into the Clarification Act of 1994 (Pub. L. 103– well as any attachments, except for ‘‘Search’’ box and follow the prompts 396) allows a veterinarian to prescribe information submitted, marked and and/or go to the Dockets Management the extralabel use of approved new identified, as confidential, if submitted Staff, 5630 Fishers Lane, Rm. 1061, animal drugs. Also, it permits FDA, if it as detailed in ‘‘Instructions.’’ Rockville, MD 20852, 240–402–7500. Instructions: All submissions received FOR FURTHER INFORMATION CONTACT: finds that there is a reasonable must include the Docket No. FDA– JonnaLynn Capezzuto, Office of probability that the extralabel use of an 2008–N–0312 for ‘‘Agency Information Operations, Food and Drug animal drug may prevent the risk to the Collection Activities; Proposed Administration, Three White Flint public health, to establish a safe level Collection; Comment Request; North, 10A–12M, 11601 Landsdown St., for a residue from the extralabel use of Extralabel Drug Use in Animals.’’ North Bethesda, MD 20852, 301–796– the drug, and to require the Received comments, those filed in a 3794, [email protected]. development of an analytical method for timely manner (see ADDRESSES), will be SUPPLEMENTARY INFORMATION: Under the the detection of residues above that placed in the docket and, except for PRA (44 U.S.C. 3501–3521), Federal established safe level (21 CFR those submitted as ‘‘Confidential Agencies must obtain approval from the 530.22(b)). Although to date, we have Submissions,’’ publicly viewable at Office of Management and Budget not established a safe level for a residue https://www.regulations.gov or at the (OMB) for each collection of from the extralabel use of any new Dockets Management Staff between 9 information they conduct or sponsor. animal drug and, therefore, have not a.m. and 4 p.m., Monday through ‘‘Collection of information’’ is defined required the development of analytical Friday, 240–402–7500. in 44 U.S.C. 3502(3) and 5 CFR methodology, we believe that there may • Confidential Submissions—To 1320.3(c) and includes Agency requests be instances when analytical submit a comment with confidential or requirements that members of the methodology will be required. We are, information that you do not wish to be public submit reports, keep records, or therefore, estimating the reporting made publicly available, submit your provide information to a third party. burden based on two methods being comments only as a written/paper Section 3506(c)(2)(A) of the PRA (44 required annually. The requirement to submission. You should submit two U.S.C. 3506(c)(2)(A)) requires Federal establish an analytical method may be copies total. One copy will include the Agencies to provide a 60-day notice in fulfilled by any interested person. We information you claim to be confidential the Federal Register concerning each believe that the sponsor of the drug will with a heading or cover note that states proposed collection of information, be willing to develop the method in ‘‘THIS DOCUMENT CONTAINS including each proposed extension of an most cases. Alternatively, FDA, the CONFIDENTIAL INFORMATION.’’ The existing collection of information, sponsor, and perhaps a third party may Agency will review this copy, including before submitting the collection to OMB cooperatively arrange for method the claimed confidential information, in for approval. To comply with this development. The respondents may be its consideration of comments. The requirement, FDA is publishing notice sponsors of new animal drugs; State, second copy, which will have the of the proposed collection of Federal, and/or State Agencies; claimed confidential information information set forth in this document. academia; or individuals. redacted/blacked out, will be available With respect to the following FDA estimates the burden of this for public viewing and posted on collection of information, FDA invites collection of information as follows:

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TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Total Average 21 CFR Part Number of responses per annual burden per Total respondents respondent responses response hours

530.22(b); Submission(s) of Analytical Method ...... 2 1 2 4,160 8,320 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on a review of the information DATES: Submit written comments are U.S. manufacturers/processors of collection since our last request for (including recommendations) on the feed additives, premixes, compound OMB approval, we have made no collection of information by September feed, distillers’ dried grains, and adjustments to our burden estimate. 8, 2020. distillers’ dried grains with solubles Dated: July 31, 2020. ADDRESSES: To ensure that comments on (hereinafter, ‘‘manufacturers/ Lowell J. Schiller, the information collection are received, processors’’ of ‘‘covered products’’) on a OMB recommends that written list of those who wish to export their Principal Associate Commissioner for Policy. comments be submitted to https:// products to The People’s Republic of [FR Doc. 2020–17197 Filed 8–5–20; 8:45 am] www.reginfo.gov/public/do/PRAMain. China (China). On January 15, 2020, the BILLING CODE 4164–01–P Find this particular information United States and China entered into an collection by selecting ‘‘Currently under Economic and Trade Agreement (the Review—Open for Public Comments’’ or Agreement) which, among other things, DEPARTMENT OF HEALTH AND by using the search function. The OMB will streamline the procedures for, and HUMAN SERVICES control number for this information improve the efficiencies of, the Food and Drug Administration collection is 0910–0884. Also include exportation of U.S. covered products to the FDA docket number found in China. These provisions of the brackets in the heading of this Agreement are intended to facilitate [Docket No. FDA–2020–N–1207] document. trade between the two countries to Agency Information Collection FOR FURTHER INFORMATION CONTACT: better meet the demand for U.S. animal Activities; Submission for Office of Domini Bean, Office of Operations, feed products in China and to promote Management and Budget Review; Food and Drug Administration, Three the development of animal husbandry Comment Request; Establishing and White Flint North, 10A–12M, 11601 in China. Since the timing of the Maintaining a List of U.S. Landsdown St., North Bethesda, MD Agreement did not allow for publication Manufacturers/Processors of Feed 20852, 301–796–5733, PRAStaff@ of a 60-day notice under the PRA in Additives, Premixes, Compound Feed, fda.hhs.gov. advance of its implementation, FDA requested and OMB granted emergency Distillers’ Dried Grains, and Distillers’ SUPPLEMENTARY INFORMATION: In review under 5 CFR 1320.13 of a new Dried Grains with Solubles for Use compliance with 44 U.S.C. 3507, FDA information collection request. with Animals with Interest in Exporting has submitted the following proposed to The People’s Republic of China collection of information to OMB for In the Federal Register of April 16, review and clearance. 2020 (85 FR 21242), subsequent to AGENCY: Food and Drug Administration, implementation under the emergency Health and Human Services (HHS). Establishing and Maintaining a List of clearance, we published a 60-day notice U.S. Manufacturers/Processors of Feed ACTION: Notice. requesting public comment on the Additives, Premixes, Compound Feed, proposed collection of information. No SUMMARY: The Food and Drug Distillers’ Dried Grains, and Distillers’ comments were received. Administration (FDA) is announcing Dried Grains with Solubles for Use with Respondents: Manufacturing/ that a proposed collection of Animals with Interest in Exporting to processing facilities of covered products information has been submitted to the The People’s Republic of China OMB interested in exporting animal feed to Office of Management and Budget Control Number 0910–0884 China. (OMB) for review and clearance under This information collection request We estimate the burden of this the Paperwork Reduction Act of 1995. allows FDA to include respondents who collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average 21 CFR Section; activity Number of responses per Total annual burden per Total hours respondents respondent responses response

§ 1.101(b)(1); Request for list placement to export to China—data elements demonstrating that product meets the foreign purchaser’s specifications ...... 450 1 450 0.083 38 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

We have revised our burden table. In request from those respondents to be demonstrate the product meets the 60-day notice published on April 16, placed on a list. By requesting to be acceptable entry criteria. Since 2020, the burden table identified types placed on the list, respondents agree to establishing the collection, we have 197 of respondents. Here we are clarifying disclose data elements, as agreed upon facilities on the list to date. There were that the information being collected is a by the U.S. government and China, that fewer emails received, as some of the

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companies registered multiple facilities Comments submitted electronically, blacked out, will be available for public in a single email. including attachments, to https:// viewing and posted on https:// Based on our experience with a www.regulations.gov will be posted to www.regulations.gov. Submit both similar information collection, upon the docket unchanged. Because your copies to the Dockets Management Staff. requesting to be placed on the list, data comment will be made public, you are If you do not wish your name and elements that may be provided to China solely responsible for ensuring that your contact information to be made publicly include the facility name, street address, comment does not include any available, you can provide this city, State, and ZIP code of U.S. confidential information that you or a information on the cover sheet and not manufacturers and processors of third party may not wish to be posted, in the body of your comments and you covered products, who want to be such as medical information, your or must identify this information as included on the list sent to China. anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked Manufacturers of these products must confidential business information, such as ‘‘confidential’’ will not be disclosed currently register with FDA consistent as a manufacturing process. Please note except in accordance with 21 CFR 10.20 with 21 CFR part 1, subpart H. that if you include your name, contact and other applicable disclosure law. For Therefore, we believe burden associated information, or other information that more information about FDA’s posting with this collection should be minimal, identifies you in the body of your of comments to public dockets, see 80 but we welcome specific feedback in comments, that information will be FR 56469, September 18, 2015, or access this regard. posted on https://www.regulations.gov. the information at: https:// • If you want to submit a comment Dated: July 30, 2020. www.govinfo.gov/content/pkg/FR-2015- with confidential information that you Lauren K. Roth, 09-18/pdf/2015-23389.pdf. do not wish to be made available to the Docket: For access to the docket to Associate Commissioner for Policy. public, submit the comment as a read background documents or the [FR Doc. 2020–17161 Filed 8–5–20; 8:45 am] written/paper submission and in the electronic and written/paper comments BILLING CODE 4164–01–P manner detailed (see ‘‘Written/Paper received, go to https:// Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the docket number, found in brackets in the DEPARTMENT OF HEALTH AND Written/Paper Submissions heading of this document, into the HUMAN SERVICES Submit written/paper submissions as ‘‘Search’’ box and follow the prompts follows: and/or go to the Dockets Management Food and Drug Administration • Mail/Hand delivery/Courier (for Staff, 5630 Fishers Lane, Rm. 1061, written/paper submissions): Dockets [Docket No. FDA–2016–D–1099] Rockville, MD 20852, 240–402–7500. Management Staff (HFA–305), Food and You may submit comments on any Inorganic Arsenic in Rice Cereals for Drug Administration, 5630 Fishers guidance at any time (see 21 CFR Infants: Action Level; Guidance for Lane, Rm. 1061, Rockville, MD 20852. 10.115(g)(5)). Industry; Availability • For written/paper comments submitted to the Dockets Management Submit written requests for single AGENCY: Food and Drug Administration, Staff, FDA will post your comment, as copies of the guidance to Division of Health and Human Services (HHS). well as any attachments, except for Plant Products and Beverages, Office of ACTION: Notice of availability. information submitted, marked and Food Safety, Center for Food Safety and identified, as confidential, if submitted Applied Nutrition, Food and Drug SUMMARY: The Food and Drug as detailed in ‘‘Instructions.’’ Administration (HFS–317), 5001 Administration (FDA or we) is Instructions: All submissions received Campus Dr., College Park, MD 20740. announcing the availability of a final must include the Docket No. FDA– Send two self-addressed adhesive labels guidance for industry entitled 2016–D–1099 for ‘‘Inorganic Arsenic in to assist that office in processing your ‘‘Inorganic Arsenic in Rice Cereals for Rice Cereals for Infants: Action Level; request. See the SUPPLEMENTARY Infants: Action Level.’’ The guidance Guidance for Industry.’’ Received INFORMATION section for electronic identifies for industry an action level for comments will be placed in the docket access to the guidance. inorganic arsenic in rice cereals for and, except for those submitted as FOR FURTHER INFORMATION CONTACT: infants that is intended to help protect ‘‘Confidential Submissions,’’ publicly Eileen Abt, Center for Food Safety and public health and is achievable with the viewable at https://www.regulations.gov Applied Nutrition (HFS–317), Food and use of current good manufacturing or at the Dockets Management Staff Drug Administration, 5001 Campus Dr., practices. It also describes our intended between 9 a.m. and 4 p.m., Monday College Park, MD 20740, 240–402–1529. sampling and enforcement approach. through Friday, 240–402–7500. SUPPLEMENTARY INFORMATION: Thus, the guidance finalizes the • Confidential Submissions—To approach presented in the draft submit a comment with confidential I. Background guidance issued in 2016. information that you do not wish to be We are announcing the availability of DATES: The announcement of the made publicly available, submit your a guidance for industry entitled guidance is published in the Federal comments only as a written/paper ‘‘Inorganic Arsenic in Rice Cereals for Register on August 6, 2020. submission. You should submit two Infants: Action Level.’’ We are issuing ADDRESSES: You may submit either copies total. One copy will include the this guidance consistent with our good electronic or written comments on FDA information you claim to be confidential guidance practices regulation (21 CFR guidances at any time as follows: with a heading or cover note that states 10.115). The guidance represents the ‘‘THIS DOCUMENT CONTAINS current thinking of FDA on this topic. Electronic Submissions CONFIDENTIAL INFORMATION.’’ We It does not establish any rights for any Submit electronic comments in the will review this copy, including the person and is not binding on FDA or the following way: claimed confidential information, in our public. You can use an alternative • Federal eRulemaking Portal: consideration of comments. The second approach if it satisfies the requirements https://www.regulations.gov. Follow the copy, which will have the claimed of the applicable statutes and instructions for submitting comments. confidential information redacted/ regulations.

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In the Federal Register of April 6, level is achievable by industry with the IV. References 2016 (81 FR 19976), we made available use of current good manufacturing a draft guidance for industry entitled practices. We intend to consider the The following references are on ‘‘Inorganic Arsenic in Rice Cereals for action level of 100 mg/kg or 100 ppb display at the Dockets Management Staff Infants: Action Level.’’ We also inorganic arsenic as an important source (see ADDRESSES) and are available for announced the availability of two of information for determining whether viewing by interested persons between related scientific documents: a infant rice cereal is adulterated within 9 a.m. and 4 p.m., Monday through document entitled ‘‘Supporting the meaning of section 402(a)(1) of the Friday; they are also available Document for Action Level for Inorganic Federal Food, Drug, and Cosmetic Act electronically at https:// Arsenic in Rice Cereals for Infants’’ (21 U.S.C. 342(a)(1)). www.regulations.gov. FDA has verified (supporting document), and a risk Comments on the draft guidance the website addresses, as of the date this assessment entitled ‘‘Arsenic in Rice requested that we consider establishing document publishes in the Federal and Rice Products Risk Assessment: action levels for rice-based foods other Register, but websites are subject to Report’’ (the risk assessment report). We than infant cereal, lower the action level change over time. gave interested parties an opportunity to under 100 ppb, and questioned the 1. FDA, ‘‘Arsenic in Rice and Rice Products submit comments by July 5, 2016, and achievability of the action level of 100 Risk Assessment: Report,’’ 2016, https:// later extended the comment period to ppb for inorganic arsenic in infant rice www.fda.gov/Food/FoodScienceResearch/ July 19, 2016 (see 81 FR 42714 (June 30, cereals. However, we did not receive RiskSafetyAssessment/ucm485278.htm. 2016)). new data from the comments supporting Dated: July 29, 2020. This guidance finalizes FDA’s action establishment of either lower or higher level for inorganic arsenic in rice cereals action levels. We determined that we Lauren K. Roth, for infants of 100 micrograms per should prioritize efforts to reduce infant Associate Commissioner for Policy. kilogram (mg/kg) or 100 parts per billion exposure to inorganic arsenic from rice [FR Doc. 2020–17169 Filed 8–5–20; 8:45 am] (ppb) and identifies FDA’s intended because rice intake, primarily through BILLING CODE 4164–01–P sampling and enforcement approach. infant rice cereal, is about three times The basis for the action level is set forth greater for infants than adults in relation in the revised supporting document. to body weight (Ref. 1), and DEPARTMENT OF HEALTH AND The revised supporting document as epidemiologic data show that early life HUMAN SERVICES well as the risk assessment report exposure to inorganic arsenic, including originally made available on April 6, dietary exposure, can result in a child’s Food and Drug Administration 2016 (81 FR 19976), can be accessed at decreased performance on certain www.regulations.gov. The revised developmental tests that measure supporting document reviews data on [Docket No. FDA–2020–N–0955] learning (Ref. 1). Thus, the guidance inorganic arsenic levels in rice cereals finalizes the approach presented in the Phibro Animal Health Corp.; Carbadox for infants, health effects, and draft guidance. in Medicated Swine Feed; Revocation achievability and explains FDA’s of Approved Method; Correction rationale for identifying an action level Other comments suggested of 100 mg/kg for inorganic arsenic in rice modifications to the risk assessment report. We note that the risk assessment AGENCY: Food and Drug Administration, cereals for infants. Health and Human Services (HHS). Arsenic is present in the environment report underwent extensive interagency as a naturally occurring substance or as review and external peer review before ACTION: Proposed order; correction. a result of contamination from human we made it available to the public. None of these comments supported a activity. In foods, arsenic may be SUMMARY: The Food and Drug present as inorganic arsenic (the determination that the risk assessment Administration (FDA) is correcting a primary toxic form of arsenic) or organic report needs to be modified. We will proposed order to revoke the approved arsenic. Exposure to inorganic arsenic is continue to monitor research method for detecting residues of associated with adverse human health developments on non-cancer adverse carbadox, a carcinogenic new animal effects including cancer and health effects, such as drug used in swine feed. The document neurodevelopmental effects. Rice and neurodevelopmental effects, was published with an incorrect docket rice products are common in the cardiovascular disease, and diabetes, to number. This document corrects that American diet, and FDA sampling data determine if new data support changes error. have demonstrated that rice and rice to the risk assessment report or products have higher levels of inorganic guidance. FOR FURTHER INFORMATION CONTACT: arsenic than other foods. Furthermore, II. Paperwork Reduction Act of 1995 Diane Heinz, Center for Veterinary rice and rice products are a greater Medicine (HFV–6), Food and Drug potential source of dietary inorganic This guidance contains no collection Administration, 7500 Standish Pl., arsenic exposure for infants and of information. Therefore, clearance by Rockville, MD 20855, 240–402–5692, children than for adults, because the the Office of Management and Budget [email protected]. dietary patterns of infants and children under the Paperwork Reduction Act is are often less varied than those of not required. SUPPLEMENTARY INFORMATION: In the Federal Register of July 20, 2020, in FR adults, and because infants and children III. Electronic Access consume more food relative to their Doc. 2020–15246, on page 43853, the body weight than do adults. We expect Persons with access to the internet following correction is made: that that the 100 mg/kg action level, may obtain the guidance at either On page 43853, in the second column, though non-binding, will help protect https://www.fda.gov/FoodGuidances or in the header of the document, and also the public health, by encouraging https://www.regulations.gov. Use the in the third column under Instructions, manufacturers to reduce levels of FDA website listed in the previous ‘‘Docket No. FDA–2016–N–0832’’ is inorganic arsenic in rice cereals for sentence to find the most current corrected to read ‘‘Docket No. FDA– infants, and we also expect that this version of the guidance. 2020–N–0955’’.

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Dated: August 3, 2020. annually a report on the status of each (ASRs); (4) FDA-verified status of open Lowell J. Schiller, clinical safety, clinical efficacy, clinical PMRs/PMCs reported in Principal Associate Commissioner for Policy. pharmacology, and nonclinical § 314.81(b)(2)(vii) or § 601.70 ASRs; (5) [FR Doc. 2020–17177 Filed 8–5–20; 8:45 am] toxicology study or clinical trial either the status of closed PMRs/PMCs; and (6) BILLING CODE 4164–01–P required by FDA (PMRs) or that they the distribution of the status by fiscal have committed to conduct (PMCs), year of establishment 2 (FY2013 to either at the time of approval or after FY2019) for PMRs and PMCs open at DEPARTMENT OF HEALTH AND approval of their new drug application, the end of FY2019, or those closed HUMAN SERVICES abbreviated new drug application, or within FY2019. Additional information biologics license application. The status about PMRs/PMCs is provided on FDA’s Food and Drug Administration of PMCs concerning chemistry, website at https://www.fda.gov/drugs/ [Docket No. FDA–2018–N–3771] manufacturing, and production controls guidance-compliance-regulatory- and the status of other studies or information/postmarket-requirements- Report on the Performance of Drug clinical trials conducted on an and-commitments. and Biologics Firms in Conducting applicant’s own initiative are not Dated: July 31, 2020. Postmarketing Requirements and required to be reported under Lowell J. Schiller, Commitments; Availability §§ 314.81(b)(2)(vii) and 601.70 and are Principal Associate Commissioner for Policy. not addressed in this report. AGENCY: Food and Drug Administration, Furthermore, section 505(o)(3)(E) of the [FR Doc. 2020–17113 Filed 8–5–20; 8:45 am] HHS. FD&C Act (21 U.S.C. 355(o)(3)(E)) BILLING CODE 4164–01–P ACTION: Notice of availability. requires that applicants report periodically on the status of each SUMMARY: The Food and Drug DEPARTMENT OF HEALTH AND required study or clinical trial and each Administration (FDA or Agency) is HUMAN SERVICES announcing the availability of the study or clinical trial ‘‘otherwise Agency’s annual report entitled ‘‘Report undertaken . . . to investigate a safety Food and Drug Administration on the Performance of Drug and issue .... ’’ [Docket No. FDA–2018–D–2032] Biologics Firms in Conducting An applicant must report on the progress of the PMR/PMC on the Postmarketing Requirements and Limited Population Pathway for anniversary of the drug product’s Commitments.’’ Under the Federal Antibacterial and Antifungal Drugs; approval 1 until the PMR/PMC is Food, Drug, and Cosmetic Act (FD&C Guidance for Industry; Availability Act), FDA is required to report annually completed or terminated and FDA on the status of postmarketing determines that the PMR/PMC has been AGENCY: Food and Drug Administration, requirements (PMRs) and postmarketing fulfilled or that the PMR/PMC is either HHS. commitments (PMCs) required of, or no longer feasible or would no longer ACTION: Notice of availability. agreed upon by, application holders of provide useful information. SUMMARY: The Food and Drug approved drug and biological products. II. Fiscal Year 2019 Report The report on the status of the studies Administration (FDA or Agency) is and clinical trials that applicants have With this notice, FDA is announcing announcing the availability of a final agreed to, or are required to, conduct is the availability of the Agency’s annual guidance for industry entitled ‘‘Limited on the FDA’s ‘‘Postmarketing report entitled ‘‘Report on the Population Pathway for Antibacterial Requirements and Commitments: Performance of Drug and Biologics and Antifungal Drugs.’’ This guidance Reports’’ web page. Firms in Conducting Postmarketing provides information on the Requirements and Commitments.’’ implementation of the limited FOR FURTHER INFORMATION CONTACT: Information in this report covers any population pathway provision of the Kathy Weil, Center for Drug Evaluation PMR/PMC that was established, in 21st Century Cures Act (Cures Act), and Research, Food and Drug writing, at the time of approval or after which established the limited Administration, 10903 New Hampshire approval of an application or a population pathway for antibacterial Ave., Bldg. 22, Rm. 5367, Silver Spring, supplement to an application and and antifungal drugs (LPAD pathway). MD 20993–0002, 301–796–0700; or summarizes the status of PMRs/PMCs in This guidance finalizes the draft Stephen Ripley, Center for Biologics fiscal year (FY) 2019 (i.e., as of guidance of the same name issued on Evaluation and Research, Food and September 30, 2019). Information June 13, 2018. Drug Administration, 10903 New summarized in the report reflects Hampshire Ave., Bldg. 71, Rm. 7301, DATES: The announcement of the combined data from the Center for Drug Silver Spring, MD 20993–0002, 240– guidance is published in the Federal Evaluation and Research and the Center 402–7911. Register on August 6, 2020. for Biologics Evaluation and Research ADDRESSES SUPPLEMENTARY INFORMATION: : You may submit either and includes the following: (1) The electronic or written comments on I. Background number of applicants with open PMRs/ Agency guidances at any time as Section 506B(c) of the FD&C Act (21 PMCs; (2) the number of open PMRs/ follows: PMCs; (3) the timeliness of applicant U.S.C. 356b(c)) requires FDA to publish Electronic Submissions an annual report on the status of submission of the annual status reports postmarketing studies that applicants Submit electronic comments in the 1 An applicant must submit an annual status following way: have committed to, or are required to report on the progress of each open PMR/PMC • conduct, and for which annual status Federal eRulemaking Portal: within 60 days of the anniversary date of U.S. https://www.regulations.gov. Follow the reports have been submitted. approval of the original application or on an Under §§ 314.81(b)(2)(vii) and 601.70 alternate reporting date that was granted by FDA in writing. Some applicants have requested and been 2 The establishment date is the date of the formal (21 CFR 314.81(b)(2)(vii) and 601.70), granted by FDA alternate annual reporting dates to FDA communication to the applicant that included applicants of approved drugs and facilitate harmonized reporting across multiple the final FDA-required (PMR) or requested (PMC) licensed biologics are required to submit applications. postmarketing study or clinical trial.

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instructions for submitting comments. claimed confidential information I. Background Comments submitted electronically, redacted/blacked out, will be available including attachments, to https:// for public viewing and posted on FDA is announcing the availability of www.regulations.gov will be posted to https://www.regulations.gov. Submit a final guidance for industry entitled the docket unchanged. Because your both copies to the Dockets Management ‘‘Limited Population Pathway for comment will be made public, you are Staff. If you do not wish your name and Antibacterial and Antifungal Drugs.’’ solely responsible for ensuring that your contact information to be made publicly Section 3042 of the Cures Act added comment does not include any available, you can provide this section 506(h) to the Federal Food, confidential information that you or a information on the cover sheet and not Drug, and Cosmetic Act (FD&C Act) (21 third party may not wish to be posted, in the body of your comments and you U.S.C. 356(h)(5)) to create the LPAD such as medical information, your or must identify this information as pathway. The LPAD pathway is anyone else’s Social Security number, or ‘‘confidential.’’ Any information marked intended to encourage the development confidential business information, such as ‘‘confidential’’ will not be disclosed of certain antibacterial and antifungal drugs to help address the critical public as a manufacturing process. Please note except in accordance with 21 CFR 10.20 health and patient care concern that has that if you include your name, contact and other applicable disclosure law. For resulted from the current decline in information, or other information that more information about FDA’s posting antibacterial drug research and identifies you in the body of your of comments to public dockets, see 80 development as serious antibacterial comments, that information will be FR 56469, September 18, 2015, or access and antifungal drug-resistant infections posted on https://www.regulations.gov. the information at: https:// • increase. FDA is committed to using the If you want to submit a comment www.govinfo.gov/content/pkg/FR-2015- with confidential information that you tools at its disposal, including the LPAD 09-18/pdf/2015-23389.pdf. do not wish to be made available to the pathway, to help encourage the public, submit the comment as a Docket: For access to the docket to development of safe and effective drugs written/paper submission and in the read background documents or the that address unmet needs of patients manner detailed (see ‘‘Written/Paper electronic and written/paper comments with serious bacterial and fungal Submissions’’ and ‘‘Instructions’’). received, go to https:// infections. www.regulations.gov and insert the Written/Paper Submissions Section 506(h)(5) of the FD&C Act docket number, found in brackets in the requires FDA to issue guidance that Submit written/paper submissions as heading of this document, into the describes criteria, processes, and other follows: ‘‘Search’’ box and follow the prompts general considerations for • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management demonstrating the safety and written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, effectiveness of limited population Management Staff (HFA–305), Food and Rockville, MD 20852, 240–402–7500. antibacterial and antifungal drugs. This Drug Administration, 5630 Fishers You may submit comments on any guidance provides this information and Lane, Rm. 1061, Rockville, MD 20852. guidance at any time (see 21 CFR • For written/paper comments is intended to assist sponsors in the 10.115(g)(5)). submitted to the Dockets Management development of certain new Staff, FDA will post your comment, as Submit written requests for single antibacterial and antifungal drugs for well as any attachments, except for copies of this guidance to the Division approval under the LPAD pathway. This information submitted, marked and of Drug Information, Center for Drug guidance also is intended to assist identified, as confidential, if submitted Evaluation and Research, Food and sponsors in developing labeling, as detailed in ‘‘Instructions.’’ Drug Administration, 10001 New including prescribing information, Instructions: All submissions received Hampshire Ave., Hillandale Building, patient labeling, and carton/container must include the Docket No. FDA– 4th Floor, Silver Spring, MD 20993– labeling, that incorporates certain 2018–D–2032 for ‘‘Limited Population 0002; or the Office of Communication, statements required by section 506(h) of Pathway for Antibacterial and Outreach, and Development, Center for the FD&C Act. This guidance satisfies Antifungal Drugs.’’ Received comments Biologics Evaluation and Research, the requirements under section will be placed in the docket and, except Food and Drug Administration, 10903 506(h)(5) of the FD&C Act. for those submitted as ‘‘Confidential New Hampshire Ave., Bldg. 71, Rm. This guidance finalizes the draft Submissions,’’ publicly viewable at 3128, Silver Spring, MD 20993–0002. guidance of the same name issued on https://www.regulations.gov or at the Send one self-addressed adhesive label June 13, 2018 (83 FR 27616). Changes Dockets Management Staff between 9 to assist that office in processing your made to the guidance were based on the a.m. and 4 p.m., Monday through requests. See the SUPPLEMENTARY comments submitted to the docket on Friday, 240–402–7500. INFORMATION section for electronic the draft guidance and public comments • Confidential Submissions—To access to the guidance document. received during the FDA public meeting submit a comment with confidential entitled ‘‘Limited Population Pathway FOR FURTHER INFORMATION CONTACT: information that you do not wish to be for Antibacterial and Antifungal Drugs,’’ Sarah Walinsky, Center for Drug made publicly available, submit your which was held on July 12, 2019 (84 FR Evaluation and Research, Food and comments only as a written/paper 12621) (meeting transcript available at Drug Administration, 10903 New submission. You should submit two https://www.fda.gov/news-events/fda- Hampshire Ave., Bldg. 22, Rm. 6242, copies total. One copy will include the meetings-conferences-and-workshops/ Silver Spring, MD 20993–0002, 240– information you claim to be confidential fda-public-meeting-limited-population- 402–4075; or Stephen Ripley, Center for with a heading or cover note that states pathway-antibacterial-and-antifungal- Biologics Evaluation and Research, ‘‘THIS DOCUMENT CONTAINS drugs-07122019-07122019). Based on Food and Drug Administration, 10903 CONFIDENTIAL INFORMATION.’’ The the comments received, FDA made New Hampshire Ave., Bldg. 71, Rm. Agency will review this copy, including clarifying changes to this guidance, 7301, Silver Spring, MD 20993–0002, the claimed confidential information, in included examples of labeling and 240–402–7911. its consideration of comments. The explanations of the meaning of limited second copy, which will have the SUPPLEMENTARY INFORMATION: population, and provided further

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information about presubmission of Serious Conditions—Drugs and the FDA docket number found in promotional materials. Biologics’’ (available at https:// brackets in the heading of this This guidance is being issued www.fda.gov/media/86377/download) document. consistent with FDA’s good guidance have been approved under OMB control FOR FURTHER INFORMATION CONTACT: practices regulation (21 CFR 10.115). number 0910–0765. Domini Bean, Office of Operations, The guidance represents the current Food and Drug Administration, Three thinking of FDA on ‘‘Limited Population III. Electronic Access White Flint North, 10A–12M, 11601 Pathway for Antibacterial and Persons with access to the internet Landsdown St., North Bethesda, MD Antifungal Drugs.’’ It does not establish may obtain the guidance at https:// 20852, 301–796–5733, PRAStaff@ any rights for any person and is not www.fda.gov/Drugs/Guidance fda.hhs.gov. binding on FDA or the public. You can ComplianceRegulatoryInformation/ use an alternative approach if it satisfies Guidances/default.htm, https:// SUPPLEMENTARY INFORMATION: In the requirements of the applicable www.fda.gov/vaccines-blood-biologics/ compliance with 44 U.S.C. 3507, FDA statutes and regulations. guidance-compliance-regulatory- has submitted the following proposed collection of information to OMB for II. Paperwork Reduction Act of 1995 information-biologics/biologics- guidances, or https:// review and clearance. This guidance contains no new www.regulations.gov. collection of information. Therefore, Channels of Trade Policy for additional clearance by the Office of Dated: July 31, 2020. Commodities With Residues of Management and Budget (OMB) under Lowell J. Schiller, Pesticide Chemicals, for Which the Paperwork Reduction Act (PRA) of Principal Associate Commissioner for Policy. Tolerances Have Been Revoked, 1995 (44 U.S.C. 3501–3521) is not [FR Doc. 2020–17109 Filed 8–5–20; 8:45 am] Suspended, or Modified by the required. BILLING CODE 4164–01–P Environmental Protection Agency However, this guidance refers to Pursuant to Dietary Risk previously approved FDA collections of Considerations DEPARTMENT OF HEALTH AND information. These collections of OMB Control Number 0910–0562— HUMAN SERVICES information were reviewed by OMB Extension under the PRA. The collections of information in 21 CFR part 314 for the Food and Drug Administration The Food Quality Protection Act of submission of new drug applications [Docket No. FDA–2017–N–2021] 1996, which amended the Federal (NDAs) under the LPAD pathway, Insecticide, Fungicide, and Rodenticide including the submission of labeling Agency Information Collection Act (FIFRA) and the Federal Food, Drug, under § 314.50(e)(2)(ii) and (l)(1)(i) and Activities; Submission for Office of and Cosmetic Act (FD&C Act), advertisements and promotional Management and Budget Review; established a new safety standard for labeling under § 314.81(b)(3)(i), have Comment Request; Channels of Trade pesticide residues in food, with an been approved under OMB control Policy for Commodities With Residues emphasis on protecting the health of number 0910–0001. The submission of of Pesticide Chemicals, for Which infants and children. The biologics license applications (BLAs) Tolerances Have Been Revoked, Environmental Protection Agency (EPA) under the LPAD pathway has been Suspended, or Modified by the is responsible for regulating the use of approved under OMB control number Environmental Protection Agency pesticides (under FIFRA) and for 0910–0338. Pursuant to Dietary Risk establishing tolerances or exemptions The submission of prescription drug Considerations from the requirement for tolerances for labeling in 21 CFR 201.56 and 201.57 residues of pesticide chemicals in food has been approved under OMB control AGENCY: Food and Drug Administration, commodities (under the FD&C Act). number 0910–0572. The submission of Health and Human Services (HHS). EPA may, for various reasons, e.g., as medication guides in 21 CFR part 208 ACTION: Notice. part of a systematic review or in has been approved under OMB control response to new information concerning SUMMARY: The Food and Drug number 0910–0393. The submission of the safety of a specific pesticide, Administration (FDA) is announcing prescription drug advertisements in 21 reassess whether a tolerance for a that a proposed collection of CFR 202.1 has been approved under pesticide residue continues to meet the information has been submitted to the OMB control number 0910–0686. safety standard in section 408 of the The collections of information in 21 Office of Management and Budget FD&C Act (21 U.S.C. 346a). When EPA CFR part 312, including submissions (OMB) for review and clearance under determines that a pesticide’s tolerance under subpart E, have been approved the Paperwork Reduction Act of 1995. level does not meet that safety standard, under OMB control number 0910–0014. DATES: Submit written comments the registration for the pesticide may be The collections of information in FDA’s (including recommendations) on the canceled under FIFRA for all or certain draft guidance for industry entitled collection of information by September uses. In addition, the tolerances for that ‘‘Formal Meetings Between the FDA and 8, 2020. pesticide may be lowered or revoked for Sponsors and Applicants for PDUFA ADDRESSES: To ensure that comments on the corresponding food commodities. Products’’ (available at https:// the information collection are received, Under section 408(l)(2) of the FD&C www.fda.gov/media/109951/download), OMB recommends that written Act, when the registration for a including requests for pre-NDA and pre- comments be submitted to https:// pesticide is canceled or modified due to, BLA meetings and other meetings www.reginfo.gov/public/do/PRAMain. in whole or in part, dietary risks to pertaining to the LPAD pathway, have Find this particular information humans posed by residues of that been approved under OMB control collection by selecting ‘‘Currently under pesticide chemical on food, the effective number 0910–0429. Review—Open for Public Comments’’ or date for the revocation of such tolerance The collections of information in by using the search function. The OMB (or exemption in some cases) must be no FDA’s final guidance for industry control number for this information later than 180 days after the date such entitled ‘‘Expedited Programs for collection is 0910–0562. Also include cancellation becomes effective or 180

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days after the date on which the use of availability of a final guidance providing appropriate documentation to the canceled pesticide becomes document entitled ‘‘Channels of Trade FDA as discussed in the guidance. We unlawful under the terms of the Policy for Commodities With Residues are not suggesting that firms maintain cancellation, whichever is later. of Pesticide Chemicals, for Which an inflexible set of documents where When EPA takes such actions, food Tolerances Have Been Revoked, anything less or different would likely derived from a commodity that was Suspended, or Modified by the be considered unacceptable. Rather, we lawfully treated with the pesticide may Environmental Protection Agency are leaving it to each firm’s discretion to not have cleared the channels of trade Pursuant to Dietary Risk maintain appropriate documentation to by the time the revocation or new Considerations.’’ The guidance demonstrate that the food was so tolerance level takes effect. The food represents FDA’s current thinking on its handled during the acceptable could be found by FDA, the Agency that planned enforcement approach to the timeframes. is responsible for monitoring pesticide channels of trade provision of the FD&C Examples of documentation that we residue levels and enforcing the Act and how that provision relates to anticipate will serve this purpose pesticide tolerances in most foods (the FDA-regulated products with residues consist of documentation associated U.S. Department of Agriculture has of pesticide chemicals for which with packing codes, batch records, and responsibility for monitoring residue tolerances have been revoked, inventory records. These are types of levels and enforcing pesticide tolerances suspended, or modified by EPA under documents that many food processors in meat, poultry, catfish, and certain egg dietary risk considerations. The routinely generate as part of their basic products), to contain a residue of that guidance can be found at the following food-production operations. pesticide that does not comply with the link: https://www.fda.gov/regulatory- Accordingly, under the PRA, we are revoked or lowered tolerance. We would information/search-fda-guidance- requesting the extension of OMB normally deem such food to be in documents/guidance-industry-channels- approval for the information collection violation of the law by virtue of it trade-policy-commodities-residues- provisions in the guidance. bearing an illegal pesticide residue. The pesticide-chemicals. food would be subject to FDA We anticipate that food bearing Description of Respondents: The enforcement action as an ‘‘adulterated’’ lawfully applied residues of pesticide likely respondents to this collection of food. However, the channels of trade chemicals that are the subject of future information are firms in the produce provision of the FD&C Act addresses the EPA action to revoke, suspend, or and food processing industries that circumstances under which a food is not modify their tolerances, will remain in handle food products that may contain unsafe solely due to the presence of a the channels of trade after the residues of pesticide chemicals after the residue from a pesticide chemical for applicable tolerance is revoked, tolerances for the pesticide chemicals which the tolerance has been revoked, suspended, or modified. If we encounter have been revoked, suspended, or suspended, or modified by EPA. The food bearing a residue of a pesticide modified. channels of trade provision (section chemical for which the tolerance has In the Federal Register of May 13, 408(l)(5) of the FD&C Act) states that been revoked, suspended, or modified, 2020 (85 FR 28639), we published a 60- food containing a residue of such a we intend to address the situation in day notice requesting public comment pesticide shall not be deemed accordance with provisions of the on the proposed collection of ‘‘adulterated’’ by virtue of the residue, if guidance. In general, we anticipate that information. Four comments were the residue is within the former the party responsible for food found to received. Three comments offering tolerance, and the responsible party can contain pesticide chemical residues general support for the information demonstrate to FDA’s satisfaction that (within the former tolerance) after the collection and one comment was non the residue is present as the result of an tolerance for the pesticide chemical has responsive to the information collection application of the pesticide at a time been revoked, suspended, or modified topics solicited. None of the comments and in a manner that were lawful under will be able to demonstrate that such suggested that we revise our burden FIFRA. food was handled, e.g., packed or estimate. In the Federal Register of May 18, processed, during the acceptable We estimate the burden of this 2005 (70 FR 28544), we announced the timeframes cited in the guidance by collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Submission of Documentation ...... 1 1 1 3 3 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Based on a review of the information since 1996. Thus, we expect the number readily available to the submitter. We collection since our last request for of submissions we receive under the expect that the submitter will need to OMB approval, we have made no guidance document to also remain at a gather information from appropriate adjustments to our burden estimate. low level. However, to avoid counting persons in the submitter’s company and We expect the total number of this burden as zero, we have estimated to prepare this information for pesticide tolerances that are revoked, the burden at one respondent making submission to FDA. The submitter will suspended, or modified by EPA under one submission a year for a total of one almost always merely need to copy dietary risk considerations in the next 3 annual submission. existing documentation. We believe that years to remain at a low level, as there We based our estimate of the hours this effort should take no longer than 3 have been no changes to the safety per response on the assumption that the hours per submission. standard for pesticide residues in food information requested in the guidance is

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TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Average bur- Activity Number of records per Total annual den per Total hours recordkeepers recordkeeper records recordkeeping

Develop documentation Process ...... 1 1 1 16 16 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

In determining the estimated annual projects of the Paperwork Reduction Act volunteers must submit deeming recordkeeping burden, we estimated of 1995, the Health Resources and applications in the specified form and that at least 90 percent of firms maintain Services Administration (HRSA) manner on behalf of named individuals documentation, such as packing codes, announces plans to submit an for review and approval, resulting in a batch records, and inventory records, as Information Collection Request (ICR), ‘‘deeming determination’’ that includes part of their basic food production or described below, to the Office of associated FTCA coverage for these import operations. Therefore, the Management and Budget (OMB). Prior individuals. recordkeeping burden was calculated as to submitting the ICR to OMB, HRSA HRSA is proposing several changes to the time required for the 10 percent of seeks comments from the public the FTCA Program Deeming firms that may not be currently regarding the burden estimate, below, or Applications for Free Clinics, to be used maintaining this documentation to any other aspect of the ICR. for Free Clinic deeming sponsorship develop and maintain documentation, DATES: Comments on this Information applications for Calendar Year 2021 and such as batch records and inventory Collection Request must be received no thereafter, to improve question clarity records. In previous information later than October 5, 2020. and clarify required documentation. Specifically, the Application includes collection requests, this recordkeeping ADDRESSES: Submit your comments to the following proposed changes: burden was estimated to be 16 hours per [email protected] or mail the HRSA • Updated application language: record. We have retained our prior Information Collection Clearance Specifically, throughout the application, estimate of 16 hours per record for the Officer, Room 14N136B, 5600 Fishers alternate terminology was utilized to recordkeeping burden. As shown in Lane, Rockville, MD 20857. table 1, we estimate that one respondent provide greater clarity and specificity. FOR FURTHER INFORMATION CONTACT: To will make one submission per year. These changes were based on request more information on the Although we estimate that only 1 of 10 stakeholder feedback and information proposed project or to obtain a copy of firms will not be currently maintaining received from the HRSA Health Center the data collection plans and draft the necessary documentation, to avoid Program Support. These changes are not instruments, email [email protected] counting the recordkeeping burden for substantive in nature. or call Lisa Wright-Solomon, the HRSA • the 1 submission per year as 1/10th of Added Service Type and Information Collection Clearance Officer a recordkeeper, we estimate that 1 clarifications regarding professional at (301) 443–1984. recordkeeper will take 16 hours to designation: Specifically, section VI of develop and maintain documentation SUPPLEMENTARY INFORMATION: When the application was updated to include recommended by the guidance. submitting comments or requesting service type which will allow HRSA to information, please include the verify whether an individual is Dated: July 30, 2020. information request collection title for performing clinical or non-clinical Lauren K. Roth, reference. services. In addition to the inclusion of Associate Commissioner for Policy. Information Collection Request Title: service type, a note was added to [FR Doc. 2020–17174 Filed 8–5–20; 8:45 am] Federal Tort Claims Act Program request that free clinics include the BILLING CODE 4164–01–P Deeming Sponsorship Application for professional designation for each Free Clinics, OMB No. 0915–0293¥ individual. Revised • Deleted remark in section IX: It has DEPARTMENT OF HEALTH AND Abstract: Section 224(o) of the Public been determined that the information HUMAN SERVICES Health Service (PHS) Act (42 U.S.C. requested in this section, which related 233(o)), as amended, authorizes the to offsite events and particularized Health Resources and Services ‘‘deeming’’ of certain individuals as determinations is no longer necessary to Administration PHS employees for the purposes of evaluate eligibility for deeming. Agency Information Collection receiving liability protections, including Need and Proposed Use of the Activities: Proposed Collection: Public Federal Tort Claims Act (FTCA) Information: Deeming applications must Comment Request Information coverage, for the performance of address certain criteria required by law Collection Request Title: Federal Tort medical, surgical, dental or related in order for the Secretary to deem an Claims Act Program Deeming functions within the scope of deemed individual sponsored by a qualifying Sponsorship Application for Free employment. Section 224(o) extends free clinic as a PHS employee for Clinics, OMB No. 0915–0293–Revision eligibility for deemed PHS employee purposes of liability protections, status to free clinic health professionals including FTCA coverage. This AGENCY: Health Resources and Services including employees, officers, board determination cannot be made without Administration, Department of Health members, contractors, and volunteers at the collection of this information. and Human Services. qualifying free clinics. The Free Clinics Specifically, the deeming sponsorship ACTION: Notice. FTCA Program is administered by application form seeks information HRSA’s Bureau of Primary Health Care. verifying that the free clinic meets the SUMMARY: In compliance with the Sponsoring free clinics seeking FTCA criteria to sponsor a deeming requirement for opportunity for public coverage for their employees, officers, application and that the individual comment on proposed data collection board members, contractors, and being sponsored is eligible to be deemed

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as a PHS employee. The FTCA liability protections, including FTCA information, processing and application form for free clinics has coverage. maintaining information, and disclosing been updated to improve clarity and Burden Statement: Burden in this and providing information; to train thereby improve applicants’ and context means the time expended by personnel and to be able to respond to deemed individuals’ compliance with persons to generate, maintain, retain, a collection of information; to search applicable requirements. disclose or provide the information data sources; to complete and review requested. This includes the time the collection of information; and to Likely Respondents: Respondents needed to review instructions; to transmit or otherwise disclose the include free clinics seeking deemed develop, acquire, install and utilize information. The total annual burden PHS employee status on behalf of their technology and systems for the purpose hours estimated for this ICR are sponsored individuals for purposes of of collecting, validating, and verifying summarized in the table below.

TOTAL ESTIMATED ANNUALIZED BURDEN HOURS

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

FTCA Free Clinics Program Application ...... 374 3 1,122 2 2,244 Total ...... 374 ...... 1,122 ...... 2,244

HRSA specifically requests comments index.html as soon as they become prior to the meeting on the NVAC on (1) the necessity and utility of the available. website: http://www.hhs.gov/nvpo/ proposed information collection for the ADDRESSES: Instructions regarding nvac/index.html. proper performance of the agency’s attending this meeting will be posted Members of the public will have the functions, (2) the accuracy of the online at: http://www.hhs.gov/nvpo/ opportunity to provide comment at the estimated burden, (3) ways to enhance nvac/meetings/index.html at least one NVAC meeting during the public the quality, utility, and clarity of the week prior to the meeting. Pre- comment period designated on the information to be collected, and (4) the registration is required for those who agenda. Public comments made during use of automated collection techniques wish to attend the meeting or participate the meeting will be limited to three or other forms of information in public comment. Please register at minutes per person to ensure time is technology to minimize the information http://www.hhs.gov/nvpo/nvac/ allotted for all those wishing to speak. collection burden. meetings/index.html. Individuals are also welcome to submit Maria G. Button, FOR FURTHER INFORMATION CONTACT: Ann written comments. Written comments should not exceed three pages in length. Director, Executive Secretariat. Aikin, Acting Designated Federal Individuals submitting written [FR Doc. 2020–17178 Filed 8–5–20; 8:45 am] Officer, at the Office of Infectious Disease and HIV/AIDS Policy, U.S. comments should email their comments BILLING CODE 4165–15–P Department of Health and Human to [email protected] at least five business Services, Mary E. Switzer Building, days prior to the meeting. DEPARTMENT OF HEALTH AND Room L618, 330 C Street SW, Dated: July 14, 2020. HUMAN SERVICES Washington, DC 20024. Phone: (202) Ann Aikin, 695–9742; email [email protected]. Acting Designated Federal Official, Office of Meeting of the National Vaccine SUPPLEMENTARY INFORMATION: Pursuant the Assistant Secretary for Health. Advisory Committee to Section 2101 of the Public Health [FR Doc. 2020–17147 Filed 8–5–20; 8:45 am] Service Act (42 U.S.C. 300aa–1), the BILLING CODE 4150–44–P AGENCY: Office of Infectious Disease and Secretary of HHS was mandated to HIV/AIDS Policy, Office of the Assistant establish the National Vaccine Program Secretary for Health, Office of the to achieve optimal prevention of human DEPARTMENT OF HEALTH AND Secretary, Department of Health and infectious diseases through HUMAN SERVICES Human Services. immunization and to achieve optimal prevention against adverse reactions to ACTION: Notice. National Institutes of Health vaccines. The NVAC was established to provide advice and make Notice of Listing of Members of the SUMMARY: As stipulated by the Federal recommendations to the Director of the National Institutes of Health’s Senior Advisory Committee Act, the National Vaccine Program on matters Executive Service 2020 Performance Department of Health and Human related to the Program’s responsibilities. Review Board (PRB) Services (HHS) is hereby giving notice The Assistant Secretary for Health that the National Vaccine Advisory serves as Director of the National AGENCY: National Institutes of Health, Committee (NVAC) will hold a virtual Vaccine Program. Health and Human Services (HHS). meeting. The meeting will be open to During the September 2020 NVAC ACTION: the public and public comment will be Notice. meeting, sessions will focus on future heard during the meeting. coronavirus vaccines, the upcoming flu SUMMARY: The National Institutes of DATES: The meeting will be held season, immunization equity, and Health (NIH) announces the persons September 23–24, 2020. The confirmed routine vaccination. Please note that who will serve on the National meeting times and agenda will be agenda items are subject to change, as Institutes of Health’s Senior Executive posted on the NVAC website at http:// priorities dictate. Information on the Service 2020 Performance Review www.hhs.gov/nvpo/nvac/meetings/ final meeting agenda will be posted Board.

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FOR FURTHER INFORMATION CONTACT: For proposed data collection projects, the responsible for assessing, facilitating, further information about the NIH National Institutes of Health (NIH), and stimulating research in disease Performance Review Board, contact Mr. Office of Disease Prevention (ODP) will prevention and health promotion, and Kha Nguyen, Director, Division of publish periodic summaries of proposed disseminating the results of this Senior and Scientific Executive projects to be submitted to the Office of research to improve public health. Management, Office of Human Management and Budget (OMB) for Prevention is preferable to treatment, Resources, National Institutes of Health, review and approval. and research on disease prevention is an Building 31, Room 1C31P, Bethesda, DATES: Comments regarding this important part of the NIH’s mission. The Maryland 20892, telephone information collection are best assured knowledge gained from this research 301.594.3022 (not a toll-free number), of having their full effect if received leads to stronger clinical practice, health email [email protected]. within 60 days of the date of this policy, and community health SUPPLEMENTARY INFORMATION: This publication. programs. The ODP collaborates with action is being taken in accordance with FOR FURTHER INFORMATION CONTACT: To the NIH, other Department of Health Title 5, U.S.C., Section 4314(c)(4), obtain a copy of the data collection and Human Services (DHHS) agencies, which requires that members of plans and instruments, submit and other public and private partners to performance review boards be comments in writing, or request more achieve the Office’s mission and goals. appointed in a manner to ensure information on the proposed project, One of ODP’s priorities is to promote consistency, stability, and objectivity in contact: Ms. Kat Schwartz, the use of the best available methods in performance appraisals and requires Communications Specialist, NIH Office prevention research and support the that notice of the appointment of an of Disease Prevention, 6100 Executive development of better study designs and individual to serve as a member be Blvd., Room 2B03, Bethesda, MD 20892 research methods. One of our strategies published in the Federal Register. or call (301) 827–6514 or email your is to help NIH Institutes, Centers, and The following persons will serve on request, including your address, to Offices identify experts in prevention the NIH Performance Review Board, [email protected]. Formal science methods to include on their which oversees the evaluation of requests for additional plans and peer review panels. This strengthens the performance appraisals of NIH Senior instruments must be requested in panels and improves the quality of the Executive Service (SES) members: writing. prevention-related research supported Alfred Johnson, Chair SUPPLEMENTARY INFORMATION: Section by the NIH. To identify experts in Courtney Billet 3506(c)(2)(A) of the Paperwork prevention science methods, we have Maureen Gormley Reduction Act of 1995 requires: written developed online software that allows Michael Gottesman comments and/or suggestions from the us to collect scientists’ names, contact Michael Lauer public and affected agencies are invited Sally Lee information, and resumes, as well as to to address one or more of the following Patrick Shirdon have those scientists identify their level Lawrence Tabak points: (1) Whether the proposed of expertise in a variety of prevention Daniel Wheeland collection of information is necessary science methods and content areas. The for the proper performance of the data are used to populate a web-based Dated: July 30, 2020. function of the agency, including tool that NIH staff can use to identify Lawrence A. Tabak, whether the information will have scientists with prevention-related Principal Deputy Director, National Institutes practical utility; (2) The accuracy of the research expertise in specific research of Health. agency’s estimate of the burden of the methods and study designs for [FR Doc. 2020–17196 Filed 8–5–20; 8:45 am] proposed collection of information, invitation to serve as a reviewer on an BILLING CODE 4140–01–P including the validity of the NIH study section. This system is also methodology and assumptions used; (3) shared with other DHHS agency’s Ways to enhance the quality, utility, and review staff, to use in the same way. DEPARTMENT OF HEALTH AND clarity of the information to be HUMAN SERVICES This OMB extension is for the collected; and (4) Ways to minimize the continued collection of data using the burden of the collection of information National Institutes of Health existing procedures, format, and online on those who are to respond, including software platform for the Prevention Proposed Collection; 60-Day Comment the use of appropriate automated, Research Expertise Survey (PRES). The Request; Identifying Experts in electronic, mechanical, or other purpose of the survey is to maintain a Prevention Science Methods To technological collection techniques or current directory of experts in Include on NIH Review Panels, (Office other forms of information technology. prevention science research methods, Proposed Collection Title: Identifying of the Director, Office of Disease study designs, and scientific content Experts in Prevention Science Methods Prevention) topics, as well as the geographic region, to Include on NIH Review Panels, setting, and income category of the AGENCY: National Institutes of Health, OMB# 0925–0728—EXTENSION, exp. region/country in which investigator’s/ Health and Human Services (HHS). 11/30/2020, Office of Disease respondent’s research is performed. ACTION: Notice. Prevention (ODP), National Institutes of Health (NIH). OMB approval is requested for 3 SUMMARY: In compliance with the Need and Use of Information years. There are no costs to respondents requirements of the Paperwork Collection: The Office of Disease other than their time. The total Reduction Act of 1995 to provide Prevention (ODP) is the lead Office at estimated annualized burden hours are opportunity for public comment on the National Institutes of Health (NIH) 417.

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ESTIMATED ANNUALIZED BURDEN HOURS

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

New Investigators ...... 600 1 25/60 250 Returning Investigators (to update information) ...... 1,000 1 10/60 167

Total ...... 1,600 ...... 417

Dated: July 30, 2020. SUPPLEMENTARY INFORMATION: Interested Hawaiian organizations, and has Lawrence A. Tabak, persons may present data, information, determined that there is a cultural Principal Deputy Director, National Institutes or views, orally or in writing, on issues affiliation between the human remains of Health. pending before the Council. Individuals and present-day Indian Tribes or Native [FR Doc. 2020–17198 Filed 8–5–20; 8:45 am] interested in sending written Hawaiian organizations. Lineal BILLING CODE 4140–01–P submissions or making public descendants or representatives of any comments, must forward them and Indian Tribe or Native Hawaiian notify the contact person on or before organization not identified in this notice DEPARTMENT OF HEALTH AND August 10, 2020. Up to three minutes that wish to request transfer of control HUMAN SERVICES will be allotted for each presentation. of these human remains should submit Registration is required to participate a written request to the Hastings Substance Abuse and Mental Health during this meeting. To attend virtually, Museum. If no additional requestors Services Administration or to obtain the call-in number and come forward, transfer of control of the access code, submit written or brief oral human remains to the lineal Meeting of the Substance Abuse and comments, or request special descendants, Indian Tribes, or Native Mental Health Services Administration, accommodations for persons with Hawaiian organizations stated in this Center for Mental Health Services disabilities, please register on-line at: notice may proceed. National Advisory Council http://snacregister.samhsa.gov/ DATES: Lineal descendants or AGENCY: Substance Abuse and Mental MeetingList.aspx or communicate with representatives of any Indian Tribe or Health Services Administration, Health the CMHS NAC Designated Federal Native Hawaiian organization not and Human Services (HHS). Officer; Pamela Foote. identified in this notice that wish to Meeting information and a roster of request transfer of control of these ACTION: Notice. Council members may be obtained by human remains should submit a written accessing the SAMHSA website at: SUMMARY: Notice is hereby given of the request with information in support of http://www.samhsa.gov/about-us/ meeting on August 27, 2020 of the the request to the Hastings Museum at advisory-councils/cmhs-national- Substance Abuse and Mental Health the address in this notice by September advisory-council or by contacting the Services Administration (SAMHSA), 8, 2020. CMHS NAC Designated Federal Officer; Center for Mental Health Services ADDRESSES: Teresa Kreutzer-Hodson, National Advisory Council (CMHS Pamela Foote. Council Name: Substance Abuse and Hastings Museum, 1330 North NAC). The meeting is open to the public Mental Health Services Administration Burlington Avenue, Hastings, NE 68901, and can be accessed remotely. The Center for Mental Health Services telephone (402) 461–2399, email meeting will include consideration of National Advisory Council [email protected]. the minutes from the February 20, 2020, SAMHSA, CMHS NAC meeting; updates Authority: Public Law 92–463. SUPPLEMENTARY INFORMATION: Notice is here given in accordance with the from the CMHS Director; a presentation Dated: July 21, 2020. Native American Graves Protection and from the SAMHSA Statistics and Data Carlos Castillo, Demonstration, and a discussion from Repatriation Act (NAGPRA), 25 U.S.C. Committee Management Officer, SAMHSA. 3003, of the completion of an inventory the Assistant Secretary for Mental [FR Doc. 2020–16149 Filed 8–5–20; 8:45 am] Health and Substance Use on of human remains under the control of BILLING CODE 4162–20–P SAMHSA’s response to COVID–19. the Hastings Museum, Hastings, NE. The human remains were removed from DATES: Thursday, August 27, 2020, Bonita, Morehouse Parish, LA. 10:00 a.m. to 1:15 p.m., EDT, (OPEN). DEPARTMENT OF THE INTERIOR This notice is published as part of the ADDRESSES: The meeting will be held National Park Service’s administrative National Park Service virtually only. Agenda with call-in responsibilities under NAGPRA, 25 information will be posted on the [NPS–WASO–NAGPRA–NPS0030519; U.S.C. 3003(d)(3). The determinations in SAMHSA website prior to the meeting PPWOCRADN0–PCU00RP14.R50000] this notice are the sole responsibility of at: https://www.samhsa.gov/about-us/ the museum, institution, or Federal advisory-councils/meetings. Notice of Inventory Completion: agency that has control of the Native FOR FURTHER INFORMATION CONTACT: Hastings Museum, Hastings, NE American human remains. The National Pamela Foote, Designated Federal AGENCY: National Park Service, Interior. Park Service is not responsible for the Officer, CMHS National Advisory ACTION: Notice. determinations in this notice. Council, 5600 Fishers Lane, Room Consultation 14E57B, Rockville, Maryland 20857. SUMMARY: The Hastings Museum has Telephone: (240) 276–1279, Fax: (301) completed an inventory of human A detailed assessment of the human 480–8491, Email: pamela.foote@ remains, in consultation with the remains was made by the Hastings samhsa.hhs.gov. appropriate Indian Tribes or Native Museum professional staff in

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consultation with representatives of The a written request with information in ADDRESSES: Emily Hoffman, Collections Choctaw Nation of Oklahoma. support of the request to Teresa Manager, Virginia Living Museum, 524 Kreutzer-Hodson, Hastings Museum, J Clyde Morris Blvd., Newport News, History and Description of the Remains 1330 North Burlington Avenue, VA 23701, telephone (757) 595–1900 Sometime prior to 1926, human Hastings, NE 68901, telephone (402) Ext. 238, email emily.hoffman@ remains representing, at minimum, one 461–2399, email tkreutzerhodson@ thevlm.org. individual were removed from Bonita in hastingsmuseum.org, by September 8, SUPPLEMENTARY INFORMATION: Notice is Morehouse Parish, LA. The human 2020. After that date, if no additional remains were donated to the Hastings here given in accordance with the requestors have come forward, transfer Native American Graves Protection and Museum by Bonita resident Thomas of control of the human remains to The Harp, and cataloged between 1926 and Repatriation Act (NAGPRA), 25 U.S.C. Choctaw Nation of Oklahoma may 3003, of the completion of an inventory 1931 (01504). No known individual was proceed. identified. No associated funerary of human remains under the control of The Hastings Museum is responsible the Virginia Living Museum, Newport objects are present. for notifying The Choctaw Nation of Hasting Museum records state that News, VA. The human remains were Oklahoma that this notice has been removed from Harmon’s Cave in these human remains were excavated published. from the upper layer of soil and Saltville, Smyth County, VA, and from attributes them to the Choctaw. The Dated: June 25, 2020. the Great South Channel, off the coast occipital exhibits cranial remodeling, Melanie O’Brien, of Virginia. which is known to have been practiced Manager, National NAGPRA Program. This notice is published as part of the by the Choctaw. [FR Doc. 2020–17175 Filed 8–5–20; 8:45 am] National Park Service’s administrative Sometime prior to 1926, human BILLING CODE 4312–52–P responsibilities under NAGPRA, 25 remains representing, at minimum, one U.S.C. 3003(d)(3). The determinations in individual were removed from a burial this notice are the sole responsibility of mound at or near Bonita, LA. According DEPARTMENT OF THE INTERIOR the museum, institution, or Federal to Hasting Museum records, during the agency that has control of the Native course of road construction, the human National Park Service American human remains. The National remains were discovered 10 feet below Park Service is not responsible for the the base of the mound. (The records also [NPS–WASO–NAGPRA–NPS0030518; determinations in this notice. state that pottery associated with the PPWOCRADN0–PCU00RP14.R50000] Consultation human remains was removed, but it was not given to the Hastings Museum and Notice of Inventory Completion: A detailed assessment of the human its whereabouts are unknown.) The Virginia Living Museum, Newport remains was made by the Virginia human remains were donated to the News, VA Living Museum professional staff in consultation with representatives of the Hastings Museum by Bonita resident AGENCY: National Park Service, Interior. Thomas Harp, and cataloged between Catawba Indian Nation (aka Catawba ACTION: Notice. 1926 and 1931 (02136). No known Tribe of South Carolina); Chickahominy individual was identified. No associated Indian Tribe—Eastern Division; SUMMARY: The Virginia Living Museum Delaware Nation, Oklahoma; Delaware funerary objects are present. has completed an inventory of human Early records identify this individual Tribe of Indians; Eastern Band of remains, in consultation with the Cherokee Indians; Eastern Shawnee as Choctaw. The human remains exhibit appropriate Indian Tribes or Native extensive asymmetrical cranial Tribe of Oklahoma; Monacan Indian Hawaiian organizations, and has Nation; Nansemond Indian Nation remodeling, which is known to have determined that there is a cultural been practiced by the Choctaw (the type (previously listed as Nansemond Indian affiliation between the human remains Tribe); Pamunkey Indian Tribe; of remodeling cannot be determined due and present-day Indian Tribes or Native to post-mortem damage). Rappahannock Tribe, Inc.; The Hawaiian organizations. Lineal Muscogee (Creek Nation); and the Upper Determinations Made by the Hastings descendants or representatives of any Mattaponi Tribe (hereafter referred to as Museum Indian Tribe or Native Hawaiian ‘‘The Tribes’’). organization not identified in this notice Officials of the Hastings Museum that wish to request transfer of control History and Description of the Remains have determined that: of these human remains should submit • Pursuant to 25 U.S.C. 3001(9), the In 1959, human remains representing, a written request to the Virginia Living human remains described in this notice at minimum, two individuals were Museum. If no additional requestors represent the physical remains of two removed from Harmon’s Cave, which is come forward, transfer of control of the individuals of Native American located behind the Madame Russel human remains to the lineal ancestry. House in Saltville, Smyth County, VA. • Pursuant to 25 U.S.C. 3001(2), there descendants, Indian Tribes, or Native Saltville is a small town that lies mostly is a relationship of shared group Hawaiian organizations stated in this in Smyth County in southwestern identity that can be reasonably traced notice may proceed. Virginia, between the Holston River and between the Native American human DATES: Lineal descendants or the Tennessee and Virginia Railroad. remains and The Choctaw Nation of representatives of any Indian Tribe or The human remains were collected by a Oklahoma. Native Hawaiian organization not member of the public in 1959, and they identified in this notice that wish to were donated to the Virginia Living Additional Requestors and Disposition request transfer of control of these Museum in 1967. The human remains Lineal descendants or representatives human remains should submit a written include the top portion of a skull of any Indian Tribe or Native Hawaiian request with information in support of measuring approximately 160mm x organization not identified in this notice the request to the Virginia Living 130mm (front to back) and belonging to that wish to request transfer of control Museum at the address in this notice by an individual of unknown age and sex, of these human remains should submit September 8, 2020. and the partial forehead, brow ridges,

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and part of nasal cavity of a skull Dated: June 25, 2020. CONNECTICUT measuring approximately 100mm x Melanie O’Brien, Fairfield County 97mm and possibly belonging to a Manager, National NAGPRA Program. The Lodges Historic District, 68 and 70 South juvenile of unknown sex. No known [FR Doc. 2020–17173 Filed 8–5–20; 8:45 am] Main St., Norwalk, SG100005501 individuals were identified. No BILLING CODE 4312–52–P associated funerary objects are present. INDIANA We do not have any historical records Allen County for these human remains beyond our DEPARTMENT OF THE INTERIOR St. Rose de Lima Roman Catholic Church and initial donation form. When these Rectory, 209 Mulberry St. and 206 Summit human remains were donated, they National Park Service St., Monroeville, SG100005514 were reported to be Native American. Benton County On June 6, 1994, human remains [NPS–WASO–NRNHL–DTS#–30656 representing, at minimum, one ;PPWOCRADI0, PCU00RP14.R50000] Oxford Community Mausoleum, (Early Community Mausoleum Movement in individual were removed from the Great National Register of Historic Places; Indiana MPS), 3268 West IN 352, Oxford South Channel, off the coast of Virginia. vicinity, MP100005507 The human remains were collected by a Notification of Pending Nominations member of the public in 1994, and they and Related Actions Clark County were donated to the Virginia Living M. Fine & Sons Building, 835 Spring St., AGENCY: National Park Service, Interior. Museum shortly thereafter. The human Jeffersonville, SG100005505 remains include the partial back and top ACTION: Notice. Dubois County of a skull measuring approximately St. Ferdinand Parish Historic District, SUMMARY: The National Park Service is 155mm (front to back) x 125mm (side to Roughly bounded by Maryland, 8th, and side) and belonging to an individual of soliciting electronic comments on the 10th Sts., and St. Benedict Drive, unknown age and sex. No known significance of properties nominated Ferdinand, SG100005513 before July 18, 2020, for listing or individual was identified. No associated Elkhart County funerary objects are present. related actions in the National Register We do not have any historical records of Historic Places. Pletcher, Robert and Susan, House, (Residential Planning and Development in for these human remains beyond our DATES: Comments should be submitted Indiana, 1940–1973 MPS), 1102 initial donation form. When these electronically by August 21, 2020. Northwood Dr., Nappanee, MP100005508 human remains were donated, they ADDRESSES: Comments are encouraged Fountain County were reported to be Native American. to be submitted electronically to _ _ Veedersburg Clover Leaf Route Depot, 295 Determinations Made by the Virginia National Register Submissions@ East 2nd St., Veedersburg, SG100005516 Living Museum nps.gov with the subject line ‘‘Public Comment on .’’ If you Old Clifty Church, 3088 South Old Clifty Rd., Museum have determined that: have no access to email you may send Bloomfield, SG100005506 • Pursuant to 25 U.S.C. 3001(9), the them via U.S. Postal Service and all Henry County human remains described in this notice other carriers to the National Register of represent the physical remains of three Henry County Memorial Park, 2221 North Historic Places, National Park Service, Memorial Dr., New Castle, SG100005504 individuals of Native American 1849 C Street NW, MS 7228, ancestry. Jackson County • Washington, DC 20240. Pursuant to 25 U.S.C. 3001(2), there Westside Historic District, (Historic SUPPLEMENTARY INFORMATION: The is a relationship of shared group Residential Suburbs in the United States, identity that can be reasonably traced properties listed in this notice are being 1830–1960 MPS), Roughly bounded by between the Native American human considered for listing or related actions Bryant Blvd., Poplar, Maple, and 6th Sts., remains and The Tribes. in the National Register of Historic Seymour, MP100005517 Places. Nominations for their Additional Requestors and Disposition consideration were received by the La Porte County Lineal descendants or representatives National Park Service before July 18, Frost, Dr. Robert and Amelia House, (Residential Planning and Development in of any Indian Tribe or Native Hawaiian 2020. Pursuant to Section 60.13 of 36 CFR part 60, comments are being Indiana, 1940–1973 MPS), 3215 Cleveland organization not identified in this notice Ave., Michigan City, MP100005503 that wish to request transfer of control accepted concerning the significance of Tryon Farm, 1400 and 1402 Tyron Rd., of these human remains should submit the nominated properties under the Michigan City, SG100005515 a written request with information in National Register criteria for evaluation. Owen County support of the request to Emily Before including your address, phone Hoffman, Collections Manager, Virginia number, email address, or other Spencer Courthouse Square Historic District, Living Museum, 524 J Clyde Morris personal identifying information in your Roughly Franklin, Washington, Market and comment, you should be aware that Main Sts., between Montgomery, Morgan, Blvd., Newport News, VA 23701, Harrison, and Jefferson Sts., Spencer, telephone (757) 595–1900 Ext. 238, your entire comment—including your SG100005510 email [email protected], by personal identifying information—may Spencer Presbyterian Church and Manse, 154 September 8, 2020. After that date, if no be made publicly available at any time. North Main St., Spencer, SG100005511 additional requestors have come While you can ask us in your comment Tippecanoe County forward, transfer of control of the to withhold your personal identifying human remains to The Tribes may information from public review, we Spring Vale Cemetery, 2580 Schuyler proceed. cannot guarantee that we will be able to Avenue, Lafayette, SG100005512 The Virginia Living Museum is do so. Vigo County responsible for notifying The Tribes that Nominations submitted by State or Ehrmann Building, 929 Wabash Ave., Terre this notice has been published. Tribal Historic Preservation Officers: Haute, SG100005502

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IOWA Nassau County Pennsylvania MPS), 2545 North Hancock St., Philadelphia, AD100004701 Carroll County Schmidlapp-Humes Estate Historic District, 5 Frost Mill Rd., 345 Oyster Bay Rd., and 3 Nomination submitted by Federal Manning Milwaukee Railroad Trestle, Dogwood Ln., Locust Valley, SG100005469 Preservation Officer: Crosses Railroad/Center St., 682 ft. north of The State Historic Preservation Officer Julia St., Manning vicinity, SG100005487 New York County reviewed the following nomination and Linn County New York Public Library, Fort Washington responded to the Federal Preservation Officer Branch, (Carnegie Libraries of New York within 45 days of receipt of the nomination Knott, Adams R., Frederick L. and Martha City MPS), 535 West 179th St., New York, and supports listing the property in the (Taylor), House, (Mount Vernon MPS), 417 MP100005470 National Register of Historic Places. A Ave. SE, Mount Vernon, MP100005488 Bauman, Augustus and Elizabeth Niagara County COLORADO (Huntsberger), House, (Mount Vernon Sweeney Estate Historic District, Portions of Larimer County MPS), 601 1st Ave. SW, Mount Vernon, Bryant, Christina, Falconer, Goundry, MP100005489 Grant, Niagara, Oliver, Tremont, and, Cascade Cottages, 4140 Fall River Rd., Wilds, Col. John Q. and Rowena (Camp), Vandervoot Sts., Lincoln, Payne, Estes Park, SG100005475 House, (Mount Vernon MPS), 113 2nd Ave. Thompson and Whiting Aves., Louisa Authority: Section 60.13 of 36 CFR part 60. NW, Mount Vernon, MP100005490 Pkwy., and Pine, Woods Dr., North Pease, Dr. Luther L. and Susette E. (Baker), Tonawanda, SG100005471 Dated: July 21, 2020. Sherry A. Frear, House, (Mount Vernon MPS), 600 1st Ave. Oneida County South, Mount Vernon, MP100005491 Chief, National Register of Historic Places/ Waln, Elijah D. and Mary J. (Adams), House, Utica Steam and Mohawk Valley Cotton Mill, National Historic Landmarks Program. 600–800 State St., Utica, SG100005482 (Mount Vernon MPS), 323 3rd St. NE, [FR Doc. 2020–17152 Filed 8–5–20; 8:45 am] Mount Vernon, MP100005492 Onondaga County BILLING CODE 4312–52–P Robinson, George W. and Mary J. (Maxwell), General Ice Cream Corporation Factory, 112– House, (Mount Vernon MPS), 514 1st St. 120 Wilkinson St. and 212 Barker Ave., SE, Mount Vernon, MP100005494 Syracuse, SG100005472 DEPARTMENT OF THE INTERIOR Albright, Henry D. and Juliana (Wortz), Sylvester Apartment Building, 900–906 East House, (Mount Vernon MPS), 224 1st St. Fayette St., Syracuse, SG100005483 National Park Service SW, Mount Vernon, MP100005495 Smith, James J. and Anna J. (Linean), House Ontario County #1, (Mount Vernon MPS), 316 3rd Ave. [NPS–WASO–NAGPRA–NPS0030554; Miller Corsets, Inc. Factory, 10 Chapin St., PPWOCRADN0–PCU00RP14.R50000] SW, Mount Vernon, MP100005496 Canandaigua, SG100005473 Smith, James J. and Anna J. (Linean), House #2, (Mount Vernon MPS), 201 2nd Ave. Suffolk County Notice of Inventory Completion: NW, Mount Vernon, MP100005497 Hauppauge Methodist Episcopal Church, 473 Tennessee Valley Authority, Knoxville, McCartney, James H. and Mayetta (Degrush), Town Line Rd., Hauppague, SG100005484 TN House, (Mount Vernon MPS), 214 2nd St. SE, Mount Vernon, MP100005498 Westchester County AGENCY: National Park Service, Interior. Shantz, Martin L. and Mary Jane (Yount), Quaker Ridge Golf Club, 146 Griffen Ave., ACTION: Notice. House, (Mount Vernon MPS), 303 A Ave. Scarsdale, SG100005485 SE, Mount Vernon, MP100005499 SUMMARY: The Tennessee Valley OHIO Authority (TVA) has completed an Madison County Ashtabula County inventory of human remains and Lewis, Judge W.H. and Emma, Historic Ashtabula Main Avenue Historic District, associated funerary objects in District, 1145 Summit St. West, Winterset, Roughly bounded by Park Pl., Collins consultation with the appropriate SG100005493 Blvd., West 48th St., Center St., and Park Federally-recognized Indian Tribes, and MASSACHUSETTS Ave., Ashtabula, SG100005467 has determined that there is no cultural affiliation between the human remains Franklin County Medina County and associated funerary objects and any Orange Armory, 135 East Main St., Orange, Seville Inn, 39 West Main St., Seville, SG100005486 present-day Federally-recognized Indian SG100005477 Tribes. Representatives of any Middlesex County PENNSYLVANIA Federally-recognized Indian Tribe not Malden City Infirmary, 341 Forest St., Erie County identified in this notice that wish to Malden, SG100005476 Erie Masonic Temple, 32 West 8th St., Erie, request transfer of control of these human remains and associated funerary Worcester County SG100005518 objects should submit a written request Northampton County Printers Building, The, 44–50 Portland St., to the TVA. If no additional requestors Worcester, SG100005478 Northampton County Bridge No. 15, come forward, transfer of control of the Meadows Road west of PA 412/Leithsville NEW YORK human remains and associated funerary Rd. and the Saucon Rail Trail, Lower objects to the Federally-recognized Dutchess County Saucon Township, SG100005519 Indian Tribe stated in this notice may Sutherland Cemetery, 305 Market Ln., Philadelphia County proceed. Stanfordville, SG100005468 Peter Woll and Sons Factory, 165–173 West DATES: Representatives of any Federally- Shear Homestead, 34 Rymph Rd., Berks St., Philadelphia, SG100005520 Lagrangeville, SG100005479 Additional documentation has been recognized Indian Tribe not identified Essex County received for the following resource: in this notice that wish to request transfer of control of these human Keene Valley Country Club, 8 Country Club PENNSYLVANIA remains and associated funerary objects Ln., Keene Valley, SG100005480 Philadelphia County should submit a written request with Madison County Sykes Brothers Yarn Mill (Additional information in support of the request to Morrisville Engine House, 93 East Main St., Documentation), (Textile Industry in the the TVA at the address in this notice by Morrisville, SG100005481 Kensington Neighborhood of Philadelphia, September 8, 2020.

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ADDRESSES: Dr. Thomas O. Maher, females, 17 males and 47 individuals of • Pursuant to 25 U.S.C. 3001(2), a Tennessee Valley Authority, 400 West undeterminable sex. They also represent relationship of shared group identity Summit Hill Drive, WT11C, Knoxville, adults, sub-adults, and infants. No cannot be reasonably traced between the TN 37902–1401, telephone (865) 632– known individuals were identified. The Native American human remains and 7458, email [email protected]. 612 associated funerary objects include associated funerary objects and any SUPPLEMENTARY INFORMATION: Notice is seven animal bones, five antler present-day Indian Tribe. here given in accordance with the fragments, four antler projectile points, • The Treaty of October 19, 1818, Native American Graves Protection and one antler section, three antler tools, indicates that the land from which the Repatriation Act (NAGPRA), 25 U.S.C. one awl splinter, eight bone awls, one cultural items were removed is the 3003, of the completion of an inventory bone bead, four bone pins, three bone aboriginal land of The Chickasaw of human remains and associated shaft wrenches, one bone whistle, one Nation. funerary objects under the control of the Busycon shell spoon, one chert awl, one • Pursuant to 43 CFR 10.11(c)(1)(ii), Tennessee Valley Authority, Knoxville, chert blade, one chert knife, one conch the disposition of the human remains TN, and stored at the McClung Museum shell dipper, one crinoid bead, one cut may be to The Chickasaw Nation. • of Natural History and Culture (MM) at deer humerus, one deer metapodial Pursuant to 43 CFR 10.11(c)(4), the the University of Tennessee, Knoxville, bone, one discoidal shell bead, three Tennessee Valley Authority has agreed TN. The human remains and associated dog burials, 158 gastropod beads, one to transfer control of the associated funerary objects were excavated from horn drift, 18 huckleberry seeds, one funerary objects to The Chickasaw 40BN74, the Cherry archeological site, Ledbetter projectile point, one mussel Nation. in Benton County, TN. shell spoon, one pink quartzite bead, 11 Additional Requestors and Disposition This notice is published as part of the projectile points, one projectile point National Park Service’s administrative base, one sample of red ochre, one Representatives of any Federally- responsibilities under NAGPRA, 25 rodent tooth, one scrapper fragment, recognized Indian Tribe not identified U.S.C. 3003(d)(3) and 43 CFR 10.11(d). two shells, three shell or bone beads, 26 in this notice that wish to request The determinations in this notice are shell beads, two shell pendants, 14 snail transfer of control of these human the sole responsibility of the museum, shells, 13 snake vertebrae, 140 spherical remains and associated funerary objects institution, or Federal agency that has shells, one stone bead, one stone drill, should submit a written request with control of the Native American human one tubular pipe, one turtle plastron, information in support of the request to remains and associated funerary objects. two turtle shell bracelets, and 161 Dr. Thomas O. Maher, Tennessee Valley The National Park Service is not worked gastropod shells. Authority, 400 West Summit Hill Drive, responsible for the determinations in Site 40BN74 contained abundant pits WT11C, Knoxville, TN 37902–1401, this notice. (44) that Osborne divided into three telephone (865) 632–7458, email types. One type comprised small [email protected], by September 8, 2020. Consultation circular or irregular-shaped pits that After that date, if no additional A detailed assessment of the human often contained burials. A second type requestors have come forward, transfer remains and associated funerary objects included circular pits extending 2–4 feet of control of the human remains and was made by TVA professional staff in into the subsoil that were not obviously associated funerary objects to The consultation with representatives of the fire pits. The third type was represented Chickasaw Nation may proceed. Cherokee Nation; Coushatta Tribe of by very large pits that, as Osborne The Tennessee Valley Authority is Louisiana; Eastern Band of Cherokee suggested, might be the remains of semi- responsible for notifying The Consulted Indians; The Chickasaw Nation; The subterranean pit houses. Tribes that this notice has been Muscogee (Creek) Nation; The Osage In his 2014 dissertation, Thaddeus published. Nation (previously listed as Osage Bissett presented three radiocarbon Dated: June 30, 2020. Tribe); The Seminole Nation of dates from this site—6975 ± 90 BP, 6153 Melanie O’Brien, ± ± Oklahoma; Thlopthlocco Tribal Town; 77 BP, and 7088 87 BP. According Manager, National NAGPRA Program. and the United Keetoowah Band of to Bissett, the available evidence [FR Doc. 2020–17171 Filed 8–5–20; 8:45 am] Cherokee Indians in Oklahoma indicates that the primary occupation of BILLING CODE 4312–52–P (hereafter referred to as ‘‘The Consulted 40BN74 was during the Late Archaic. Tribes’’). Determinations Made by the Tennessee History and Description of the Remains Valley Authority INTERNATIONAL TRADE Site 40BN74 was excavated as part of Officials of the Tennessee Valley COMMISSION TVA’s Big Sandy Creek dewatering Authority have determined that: Notice of Receipt of Complaint; project by the University of Tennessee, • Pursuant to 25 U.S.C. 3001(9), the Solicitation of Comments Relating to using labor and funds provided by the human remains described in this notice the Public Interest Works Progress Administration. Details are Native American based on their regarding these excavations have not presence in a prehistoric archeological AGENCY: U.S. International Trade been published. A field report by site and osteological analysis. Commission. • Douglas Osborn regarding this site can Pursuant to 25 U.S.C. 3001(9), the ACTION: Notice. be found at the MM and TVA. The human remains described in this notice human remains and associated funerary represent the physical remains of 81 SUMMARY: Notice is hereby given that objects listed in this notice have been in individuals of Native American the U.S. International Trade the physical custody of the University of ancestry. Commission has received a complaint Tennessee since excavation. • Pursuant to 25 U.S.C. 3001(3)(A), entitled Certain Variable Speed Wind During August and September of the 612 objects described in this notice Turbine Generators and Components 1941, human remains representing, at are reasonably believed to have been Thereof, DN 3482; the Commission is minimum, 81 individuals were removed placed with or near individual human soliciting comments on any public from site 40BN74, in Benton County, remains at the time of death or later as interest issues raised by the complaint TN. These human remains represent 17 part of the death rite or ceremony. or complainant’s filing pursuant to the

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Commission’s Rules of Practice and In particular, the Commission is electronic filings will be accepted until Procedure. interested in comments that: further notice. Persons with questions (i) Explain how the articles regarding filing should contact the FOR FURTHER INFORMATION CONTACT: Lisa potentially subject to the requested Secretary at [email protected]. R. Barton, Secretary to the Commission, remedial orders are used in the United Any person desiring to submit a U.S. International Trade Commission, States; 500 E Street SW, Washington, DC (ii) identify any public health, safety, document to the Commission in 20436, telephone (202) 205–2000. The or welfare concerns in the United States confidence must request confidential public version of the complaint can be relating to the requested remedial treatment. All such requests should be accessed on the Commission’s orders; directed to the Secretary to the Electronic Document Information (iii) identify like or directly Commission and must include a full System (EDIS) at https://edis.usitc.gov. competitive articles that complainant, statement of the reasons why the For help accessing EDIS, please email its licensees, or third parties make in the Commission should grant such [email protected]. United States which could replace the treatment. See 19 CFR 201.6. Documents General information concerning the subject articles if they were to be for which confidential treatment by the Commission may also be obtained by excluded; Commission is properly sought will be accessing its internet server at United (iv) indicate whether complainant, treated accordingly. All information, States International Trade Commission complainant’s licensees, and/or third including confidential business (USITC) at https://www.usitc.gov. The party suppliers have the capacity to information and documents for which public record for this investigation may replace the volume of articles confidential treatment is properly be viewed on the Commission’s potentially subject to the requested sought, submitted to the Commission for Electronic Document Information exclusion order and/or a cease and purposes of this Investigation may be System (EDIS) at https://edis.usitc.gov. desist order within a commercially disclosed to and used: (i) By the Hearing-impaired persons are advised reasonable time; and Commission, its employees and Offices, that information on this matter can be (v) explain how the requested and contract personnel (a) for obtained by contacting the remedial orders would impact United developing or maintaining the records Commission’s TDD terminal on (202) States consumers. 205–1810. Written submissions on the public of this or a related proceeding, or (b) in internal investigations, audits, reviews, SUPPLEMENTARY INFORMATION: The interest must be filed no later than by close of business, eight calendar days and evaluations relating to the Commission has received a complaint programs, personnel, and operations of and a submission pursuant to § 210.8(b) after the date of publication of this notice in the Federal Register. There the Commission including under 5 of the Commission’s Rules of Practice U.S.C. Appendix 3; or (ii) by U.S. and Procedure filed on behalf of General will be further opportunities for government employees and contract Electric Company on July 31, 2020. The comment on the public interest after the personnel 2, solely for cybersecurity complaint alleges violations of section issuance of any final initial 337 of the Tariff Act of 1930 (19 U.S.C. determination in this investigation. Any purposes. All nonconfidential written 1337) in the importation into the United written submissions on other issues submissions will be available for public States, the sale for importation, and the must also be filed by no later than the inspection at the Office of the Secretary 3 sale within the United States after close of business, eight calendar days and on EDIS . importation of certain variable speed after publication of this notice in the This action is taken under the wind turbine generators and Federal Register. Complainant may file authority of section 337 of the Tariff Act components thereof. The complaint replies to any written submissions no of 1930, as amended (19 U.S.C. 1337), later than three calendar days after the names as respondents: Siemens Gamesa and of §§ 201.10 and 210.8(c) of the date on which any initial submissions Renewable Energy Inc. of Orlando, Fl; Commission’s Rules of Practice and were due. Any submissions and replies Siemens Gamesa Renewable Energy A/ Procedure (19 CFR 201.10, 210.8(c)). S of Denmark; and Gamesa Electric, filed in response to this Notice are S.A.U. of Spain. The complainant limited to five (5) pages in length, By order of the Commission. requests that the Commission issue a inclusive of attachments. Issued: August 3, 2020. limited exclusion order, cease and Persons filing written submissions William Bishop, must file the original document desist orders, and impose a bond upon Supervisory Hearings and Information electronically on or before the deadlines respondents’ alleged infringing articles Officer. stated above. Submissions should refer during the 60-day Presidential review [FR Doc. 2020–17163 Filed 8–5–20; 8:45 am] period pursuant to 19 U.S.C. 1337(j). to the docket number (‘‘Docket No. 3482’’) in a prominent place on the BILLING CODE 7020–02–P Proposed respondents, other cover page and/or the first page. (See interested parties, and members of the Handbook for Electronic Filing public are invited to file comments on Procedures, Electronic Filing any public interest issues raised by the Procedures 1). Please note the complaint or § 210.8(b) filing. Secretary’s Office will accept only Comments should address whether electronic filings during this time. issuance of the relief specifically Filings must be made through the requested by the complainant in this Commission’s Electronic Document investigation would affect the public Information System (EDIS, https:// health and welfare in the United States, edis.usitc.gov). No in-person paper- competitive conditions in the United based filings or paper copies of any States economy, the production of like 2 All contract personnel will sign appropriate or directly competitive articles in the 1 Handbook for Electronic Filing Procedures: nondisclosure agreements. United States, or United States https://www.usitc.gov/documents/handbook_on_ 3 Electronic Document Information System consumers. filing_procedures.pdf. (EDIS): https://edis.usitc.gov.

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INTERNATIONAL TRADE Korea; LG Innotek Co., Ltd. of Seoul, remand from the U.S. Court of Appeals COMMISSION Republic of Korea; and LG Electronics for the Federal Circuit. U.S.A., Inc. of Englewood Cliffs, New [Investigation No. 337–TA–1187] FOR FURTHER INFORMATION CONTACT: Jersey (collectively, ‘‘LG’’). Id. The Clint Gerdine, Esq., Office of the Certain Electronic Devices With Office of Unfair Import Investigations General Counsel, U.S. International Optical Filters and Optical Sensor (‘‘OUII’’) is participating in this Trade Commission, 500 E Street SW, Systems and Components Thereof; investigation. Id. Washington, DC 20436, telephone (202) Notice of Commission Determination The Commission previously 708–2310. Copies of non-confidential Not To Review an Initial Determination terminated the investigation with documents filed in connection with this Terminating the Investigation Based respect to LG based on settlement. Order investigation may be viewed on the on Settlement; Termination of the No. 9 (Feb. 27, 2020), not reviewed Commission’s electronic docket (EDIS) Investigation Notice (Mar. 18, 2020). Optrontec was at https://edis.usitc.gov. For help thus the sole remaining respondent in accessing EDIS, please email AGENCY: International Trade the investigation. [email protected]. General Commission. On June 19, 2020, Viavi and Optronic information concerning the Commission ACTION: Notice. jointly moved to terminate the may also be obtained by accessing its investigation based on settlement. On internet server at https://www.usitc.gov. SUMMARY: Notice is hereby given that June 25, 2020, OUII filed a response in Hearing-impaired persons are advised the U.S. International Trade support of the motion. that information on this matter can be Commission (‘‘Commission’’) has On July 13, 2020, the ALJ issued the obtained by contacting the determined not to review an initial subject ID, granting the motion and Commission’s TDD terminal, telephone determination (‘‘ID’’) (Order No. 23) of terminating the investigation based on 202–205–1810. the presiding administrative law judge settlement. No petitions for review of SUPPLEMENTARY INFORMATION: The (‘‘ALJ’’) granting a joint motion to the ID were filed. Commission instituted Inv. No. 337– terminate the investigation in its The Commission has determined not TA–854 (Enforcement Proceeding) on entirety based on settlement. to review the subject ID. The May 24, 2013, based on an enforcement FOR FURTHER INFORMATION CONTACT: investigation is hereby terminated in its complaint filed on behalf of BriarTek IP, Robert Needham, Office of the General entirety. Inc. (‘‘BriarTek’’) of Alexandria, Counsel, U.S. International Trade The Commission vote for this Virginia. 78 FR 31576–77 (May 24, Commission, 500 E Street SW, determination took place on July 31, 2013). The complaint alleged violations Washington, DC 20436, telephone (202) 2020. of the April 5, 2013, consent order (‘‘the 708–5468. Copies of non-confidential The authority for the Commission’s Consent Order’’) issued in the documents filed in connection with this determination is contained in section underlying investigation by the investigation may be viewed on the 337 of the Tariff Act of 1930, as continued practice of prohibited Commission’s electronic docket (EDIS) amended (19 U.S.C. 1337), and in part activities such as selling or offering for at https://edis.usitc.gov. For help 210 of the Commission’s Rules of sale within the United States after accessing EDIS, please email Practice and Procedure (19 CFR part importation any two–way global [email protected]. General 210). satellite communication devices, information concerning the Commission By order of the Commission. system, or components thereof that may also be obtained by accessing its Issued: July 31, 2020. infringe one or more claims of U.S. internet server at https://www.usitc.gov. Lisa Barton, Patent No. 7,991,380 (‘‘the ’380 patent’’). Hearing-impaired persons are advised Secretary to the Commission. The Commission’s notice of institution that information on this matter can be of the enforcement proceeding named as obtained by contacting the [FR Doc. 2020–17140 Filed 8–5–20; 8:45 am] BILLING CODE 7020–02–P respondents DeLorme Publishing Commission’s TDD terminal on (202) Company, Inc. and DeLorme InReach 205–1810. LLC (collectively, ‘‘DeLorme’’), now SUPPLEMENTARY INFORMATION: The INTERNATIONAL TRADE known as DBN Holding, Inc. and BDN Commission instituted this investigation COMMISSION LLC, all of Yarmouth, Maine. The Office on December 27, 2019, based on a of Unfair Import Investigations (‘‘OUII’’) complaint filed by Viavi Solutions Inc. [Investigation No. 337–TA–854 (Remand)] was also a party to the enforcement of San Jose, California (‘‘Viavi’’). 84 FR Certain Two-Way Global Satellite proceeding. Id. 71464 (Dec. 27, 2019). The complaint, as On June 10, 2014, following review of Communication Devices, System, and supplemented, alleges violations of the presiding administrative law judge’s Components Thereof; Notice of section 337 of the Tariff Act of 1930, as enforcement initial determination in the Commission Determination To Deny a amended, 19 U.S.C. 1337, in the enforcement proceeding, the Petition To Rescind or Modify a Civil importation into the United States, the Commission issued a civil penalty order Penalty Order; Termination of Remand sale for importation, and the sale within in the amount of $6,242,500 for Proceeding the United States after importation of DeLorme’s violation of the Consent certain electronic devices with optical AGENCY: International Trade Order on 227 separate days. DeLorme filters and optical sensor systems and Commission. appealed the Commission’s final components thereof by reason of ACTION: Notice. determination to the U.S. Court of infringement of certain claims of U.S. Appeals for the Federal Circuit. During Patent Nos. 9,588,269; 9,945,995; and SUMMARY: Notice is hereby given that the pendency of the appeal, the U.S. 10,222,526. Id. The Commission’s notice the U.S. International Trade District Court for the Eastern District of of investigation named as respondents Commission has determined to (1) deny Virginia (‘‘EDVA’’) granted summary Optrontec Inc. of Changwon, Republic a petition to rescind, or in the judgment in a declaratory judgment of Korea (‘‘Optrontec’’); and LG alternative, modify a civil penalty order; action filed by DeLorme against the Electronics, Inc. of Seoul, Republic of and (2) terminate the proceeding on patentee, finding the relevant claims of

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the ’380 patent to be invalid. After The Commission vote for this the Commission’s Public Reference requesting and receiving supplemental determination took place on July 31, Room. briefing on the issue of the effect, if any, 2020. II. Self-Regulatory Organization’s of affirming the EDVA summary The authority for the Commission’s Statement of the Purpose of, and judgment on the Commission’s final determination is contained in section Statutory Basis for, the Proposed Rule determination, the Federal Circuit, on 337 of the Tariff Act of 1930, as Change the same date, affirmed both the amended, 19 U.S.C. 1337, and in part $6,242,500 Commission civil penalty 210 of the Commission’s Rules of In its filing with the Commission, the order and the EDVA summary judgment Practice and Procedure, 19 CFR part self-regulatory organization included of invalidity. See DeLorme v. ITC, 805 210. statements concerning the purpose of, F.3d 1328 (Fed. Cir. 2015) (‘‘DeLorme By order of the Commission. and basis for, the proposed rule change I’’); DeLorme Publishing Co. v. BriarTek and discussed any comments it received Issued: July 31, 2020. IP, Inc., 622 Fed.Appx. 912 (Fed. Cir. on the proposed rule change. The text 2015). Lisa Barton, of those statements may be examined at On December 22, 2015, following Secretary to the Commission. the places specified in Item IV below. issuance of the Federal Circuit’s [FR Doc. 2020–17139 Filed 8–5–20; 8:45 am] The Exchange has prepared summaries, decision in DeLorme I, DeLorme filed a BILLING CODE 7020–02–P set forth in sections A, B, and C below, petition to rescind, or in the alternative, of the most significant parts of such to modify the civil penalty order under statements. Commission Rule 210.76(a)(1) because of ‘‘changed conditions,’’ i.e., the EDVA SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s invalidity judgment and the affirmance COMMISSION Statement of the Purpose of, and the of that judgment. Stating that the Statutory Basis for, the Proposed Rule arguments raised by DeLorme involved [Release No. 34–89439; File No. SR– Change NYSEAMER–2020–60] issues that could have been raised in 1. Purpose DeLorme I or were raised and rejected Self-Regulatory Organizations; NYSE by the Federal Circuit in DeLorme I, the The purpose of this proposed rule American LLC; Notice of Filing and change is to amend the Rule 6800 Commission denied DeLorme’s petition Immediate Effectiveness of a Proposed based on res judicata. DeLorme Series, the Compliance Rule regarding Rule Change To Amend the Rule 6800 the CAT NMS Plan, to be consistent appealed the Commission’s final Series determination denying its petition to the with an amendment to the CAT NMS Federal Circuit. The Court reversed the July 31, 2020. Plan recently approved by the 4 Commission’s final determination and Pursuant to Section 19(b)(1) of the Commission. The Commission remanded the case for consideration of Securities Exchange Act of 1934 approved an amendment to the CAT DeLorme’s petition. See DBN Holding, (‘‘Act’’),1 and Rule 19b–4 thereunder,2 NMS Plan to amend the requirements Inc. v. ITC, 755 Fed.Appx. 993, 2018 notice is hereby given that on July 27, for Firm Designated IDs in four ways: (1) WL 6181653 (Fed. Cir. Nov. 27, 2018) 2020, NYSE American LLC (‘‘NYSE To prohibit the use of account numbers (‘‘DeLorme II’’) (finding that although American’’ or the ‘‘Exchange’’) filed as Firm Designated IDs for trading there is no requirement that the civil with the Securities and Exchange accounts that are not proprietary penalty be rescinded because of the Commission (‘‘Commission’’) the accounts; (2) to require that the Firm invalidity finding, the Commission proposed rule change as described in Designated ID for a trading account be nevertheless should have considered Items I and II below, which Items have persistent over time for each Industry DeLorme’s petition). The Federal Circuit been prepared by the self-regulatory Member so that a single account may be issued its mandate on January 18, 2019. organization. The Commission is tracked across time within a single On March 27, 2019, the Commission publishing this notice to solicit Industry Member; (3) to permit the use issued an order to the parties requesting comments on the proposed rule change of relationship identifiers as Firm briefing regarding whether the from interested persons. Designated IDs in certain circumstances; Commission should rescind or modify and (4) to permit the use of entity the civil penalty order in light of the I. Self-Regulatory Organization’s identifiers as Firm Designated IDs in final judgment of invalidity of the Statement of the Terms of Substance of certain circumstances (the ‘‘FDID relevant claims of the ’380 patent in the Proposed Rule Change Amendment’’). As a result, the accordance with DeLorme II. DeLorme, The Exchange proposes to amend the Exchange proposes to amend the BriarTek, and OUII filed their initial Rule 6800 Series, the Exchange’s definition of ‘‘Firm Designated ID’’ in submissions on April 25, April 26, and compliance rule (‘‘Compliance Rule’’) Rule 6810 to reflect the changes to the April 26, 2019, respectively. These regarding the National Market System CAT NMS Plan regarding the parties filed their response submissions Plan Governing the Consolidated Audit requirements for Firm Designated IDs. on May 12, May 13, and May 12, 2019, Trail (the ‘‘CAT NMS Plan’’ or ‘‘Plan’’) 3 Rule 6810(r) defines the term ‘‘Firm respectively. to be consistent with an amendment to Designated ID’’ to mean ‘‘a unique Having reviewed the record in this the CAT NMS Plan recently approved identifier for each trading account investigation, including the parties’ by the Commission. The proposed rule designated by Industry Members for written submissions, the Commission change is available on the Exchange’s purposes of providing data to the has determined to deny DeLorme’s website at www.nyse.com, at the Central Repository, where each such petition to rescind, or in the alternative, principal office of the Exchange, and at identifier is unique among all identifiers modify the civil penalty order. The from any given Industry Member for Commission has also issued an opinion 1 each business date.’’ explaining the basis for the 15 U.S.C. 78a. 2 17 CFR 240.19b–4. Commission’s action and has terminated 3 Unless otherwise specified, capitalized terms 4 See Securities Exchange Act Release No. 89397 the proceeding on remand from the used in this rule filing are defined as set forth in (July 24, 2020) (Federal Register publication Federal Circuit. the Compliance Rule. pending).

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(1) Prohibit Use of Account Numbers trading relationship is available. In a masked version of BFM1 in place of The Exchange proposes to amend the these limited instances, the Industry the Firm Designated ID representing a definition of ‘‘Firm Designated ID’’ in Member may provide an identifier used trading account when reporting a new Rule 6810(r) to provide that Industry by the Industry Member to represent the order from Big Fund Manager instead of Members may not use account numbers client’s trading relationship with the the account numbers to which executed as the Firm Designated ID for trading Industry Member instead of an account shares/contracts will be allocated at a accounts that are not proprietary number. later time via a booking or other system. accounts. Specifically, the Exchange When a trading relationship is Similarly, another example of the use of proposes to add the following to the established at a broker-dealer for clients, a relationship identifier as a Firm definition of a Firm Designated ID: the broker-dealer typically creates a Designated ID would involve an ‘‘provided, however, such identifier parent account, under which additional individual in place of the Big Fund may not be the account number for such subaccounts are created. However, in Manager in the above example. trading account if the trading account is some cases, the broker-dealer In accordance with the FDID not a proprietary account.’’ establishes the parent relationship for a Amendment, the Exchange proposes to client using a relationship identifier as amend the definition of a ‘‘Firm (2) Persistent Firm Designated ID opposed to an actual parent account. Designated ID’’ in Rule 6810(r) to permit The Exchange also proposes to amend The relationship identifier could be any Industry Members to provide a the definition of ‘‘Firm Designated ID’’ of a variety of identifiers, such as a short relationship identifier as the Firm in Rule 6810(r) to require a Firm name for a relevant individual or Designated ID as described above. Designated ID assigned by an Industry institution. This relationship identifier Specifically, the Exchange proposes to Member to a trading account to be is established prior to any trading for amend the definition of ‘‘Firm persistent over time, not for each the client. If a relationship identifier has Designated ID’’ in Rule 6810(r) to state business day.5 To effect this change, the been established rather than a parent that a Firm Designated ID means, in Exchange proposes to amend the account, and an order is placed on relevant part, ‘‘a unique and persistent definition of ‘‘Firm Designated ID’’ in behalf of the client, any executed trades relationship identifier when an Industry Rule 6810(r) to add ‘‘and persistent’’ will be kept in a firm account (e.g., a Member does not have an account after ‘‘unique’’ and delete ‘‘for each facilitation or average price account) number available to its order handling business date’’ so that the definition of until they are allocated to the proper and/or execution system at the time of ‘‘Firm Designated ID’’ would read, in subaccount(s), i.e., the accounts order receipt, provided, however, such relevant part, as follows: associated with the parent relationship identifier must be masked.’’ identifier connecting them to the client. A unique and persistent identifier for each Relationship identifiers are used in (4) Entity Identifiers trading account designated by Industry circumstances in which the account The FDID Amendment also permits Members for purposes of providing data to Industry Members to provide an entity the Central Repository . . . where each such structure is not available to the trading identifier is unique among all identifiers system at the time of order placement. identifier, rather than an identifier that from any given Industry Member. The clients have established accounts represents a trading account, when an prior to the trade that satisfy relevant employee of the Industry Member is (3) Relationship Identifiers regulatory obligations for opening exercising discretion over multiple The FDID Amendment also permits accounts, such as Know Your Customer client accounts and creates an an Industry Member to provide a and other customer obligations. aggregated order for which a trading relationship identifier as the Firm However, the order receipt workflows account number of the Industry Member Designated ID, rather than an identifier operate using relationship identifiers, is not available at the time of order that represents a trading account, in not accounts. origination. An entity identifier is an certain scenarios in which an Industry For Firm Designated ID purposes, as identifier of the Industry Member that Member does not have an account with an identifier for a trading account, represents the firm discretionary number available to its order handling the relationship identifier must be relationship with the client rather than and/or execution system at the time of persistent over time. The relationship a firm trading account. order receipt (e.g., certain institutional identifier also must be unique among all The scenarios in which a firm uses an accounts, managed accounts, accounts identifiers from any given Industry entity identifier are comparable to when for individuals). In such scenarios, the Member. With these requirements, a a firm uses a relationship identifier (as trading account structure may not be single relationship could be tracked described above) except the entity available when a new order is first across time within a single Industry identifier represents the Industry received from a client and, instead, only Member using the Firm Designated ID. Member rather than a client. As with an identifier representing the client’s In addition, the relationship identifier relationship identifiers, entity must be masked as the relationship identifiers are used in circumstances in 5 If an Industry Member assigns a new account identifier could be a name or otherwise which the account structure is not number or entity identifier to a client or customer provide an indication as to the identity available to the trading system at the due to a merger, acquisition or some other corporate of the relationship. The masking time of order placement. In this action, then the Industry Member should create a new Firm Designated ID to identify the new account requirement would avoid potentially workflow, the Industry Member’s order identifier/relationship identifier/entity identifier in revealing the identity of the handling and/execution system does not use at the Industry Member for the entity. In relationship. have an account number at the time of addition, if a previously assigned Firm Designated An example of the use of a order origination. The relevant clients ID is no longer in use by an Industry Member (e.g., if the trading account associated with the Firm relationship identifier as a Firm that will receive an allocation of the Designated ID has been closed), then an Industry Designated ID would be as follows: execution have established accounts Member may reuse the Firm Designated ID for Suppose that Big Fund Manager is prior to the trade that satisfy relevant another trading account. The Plan Processor will known in Industry Member A’s systems regulatory obligations for opening maintain a history of the use of each Firm Designated ID, including, for example, the effective as ‘‘BFM1.’’ When an order is placed by accounts, such as Know Your Customer dates of the Firm Designated ID with respect to each Big Fund Manager, the order is tagged and other customer obligations. associated trading account. to BFM1. Industry Member A could use However, the order origination

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workflows operate using entity impose any burden on competition that 19(b)(3)(A)(iii) of the Act 9 and Rule identifiers, not accounts. is not necessary or appropriate. 19b–4(f)(6) thereunder.10 Because the For Firm Designated ID purposes, as NYSE American believes that this proposed rule change does not: (i) with the identifier for a trading account proposal is consistent with the Act Significantly affect the protection of or a relationship, the entity identifier because it is consistent with, and investors or the public interest; (ii) must be persistent over time. The entity implements, a recent amendment to the impose any significant burden on identifier also must be unique among all CAT NMS Plan, and is designed to competition; and (iii) become operative identifiers from any given Industry assist the Exchange and its Industry prior to 30 days from the date on which Member. Each Industry Member must Members in meeting regulatory it was filed, or such shorter time as the make its own risk determination as to obligations pursuant to the Plan. In Commission may designate, if whether it believes it is necessary to approving the Plan, the SEC noted that consistent with the protection of mask the entity identifier when using an the Plan ‘‘is necessary and appropriate investors and the public interest, the entity identifier to report the Firm in the public interest, for the protection proposed rule change has become Designated ID to CAT. of investors and the maintenance of fair effective pursuant to Section 19(b)(3)(A) 11 An example of the use of an entity and orderly markets, to remove of the Act and Rule 19b–4(f)(6)(iii) 12 identifier as a Firm Designated ID would impediments to, and perfect the thereunder. mechanism of a national market system, A proposed rule change filed under be when Industry Member 1 has an 13 employee that is a registered or is otherwise in furtherance of the Rule 19b–4(f)(6) normally does not representative that has discretion over purposes of the Act.’’ 8 To the extent become operative prior to 30 days after that this proposal implements the Plan, the date of the filing. However, pursuant several client accounts held at Industry 14 Member 1. The registered representative and applies specific requirements to to Rule 19b–4(f)(6)(iii), the places an order that he will later Industry Members, the Exchange Commission may designate a shorter allocate to individual client accounts. believes that this proposal furthers the time if such action is consistent with the protection of investors and the public At the time the order is placed, the objectives of the Plan, as identified by interest. The Exchange has asked the trading system only knows it involves a the SEC, and is therefore consistent with Commission to waive the 30-day representative of Industry Member 1 the Act. operative delay so that the proposal may and it does not have a specific trading B. Self-Regulatory Organization’s become operative by July 31, 2020. The account that could be used for Firm Statement on Burden on Competition Commission believes that waiver of the Designated ID reporting. Therefore, 30-day operative delay is consistent Industry Member 1 could report IM1, its NYSE American does not believe that with the protection of investors and the entity identifier, as the FDID with the the proposed rule change will result in public interest because it implements an new order. any burden on competition that is not necessary or appropriate in furtherance amendment to the CAT NMS Plan In accordance with the FDID approved by the Commission.15 Amendment to the CAT NMS Plan, the of the purposes of the Act. NYSE American notes that the proposed rule Accordingly, the Commission hereby Exchange proposes to amend the waives the 30-day operative delay and definition of ‘‘Firm Designated ID’’ in changes are consistent with a recent amendment to the CAT NMS Plan, and designates the proposal operative as of Rule 6810(r) to permit the use of an July 31, 2020.16 entity identifier as a Firm Designated ID are designed to assist the Exchange in meeting its regulatory obligations At any time within 60 days of the as described above. Specifically, the filing of this proposed rule change, the Exchange proposes to amend the pursuant to the Plan. NYSE American also notes that the amendment to the Commission summarily may definition of a ‘‘Firm Designated ID’’ in temporarily suspend such rule change if Rule 6810(r) to state that a Firm Compliance Rule will apply equally to all Industry Members that trade NMS it appears to the Commission that such Designated ID means, in relevant part, action is necessary or appropriate in the ‘‘a unique and persistent entity Securities and OTC Equity Securities. In addition, all national securities public interest, for the protection of identifier when an employee of an investors, or otherwise in furtherance of Industry Member is exercising exchanges and FINRA are proposing this amendment to their Compliance the purposes of the Act. If the discretion over multiple client accounts Commission takes such action, the and creates an aggregated order for Rules. Therefore, this is not a competitive rule filing, and, therefore, it Commission will institute proceedings which a trading account number of the to determine whether the proposed rule Industry Member is not available at the does not impose a burden on competition. time of order origination.’’ 9 15 U.S.C. 78s(b)(3)(A)(iii). 2. Statutory Basis C. Self-Regulatory Organization’s 10 17 CFR 240.19b–4(f)(6). Statement on Comments on the 11 15 U.S.C. 78s(b)(3)(A). NYSE American believes that the Proposed Rule Change Received From 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– proposed rule change is consistent with 4(f)(6)(iii) requires the Exchange to give the Members, Participants, or Others Commission written notice of the Exchange’s intent the provisions of Section 6(b)(5) of the to file the proposed rule change, along with a brief Act,6 which require, among other No written comments were solicited or received with respect to the proposed description and text of the proposed rule change, things, that the Exchange’s rules must at least five business days prior to the date of filing be designed to prevent fraudulent and rule change. of the proposed rule change, or such shorter time as designated by the Commission. The Exchange manipulative acts and practices, to III. Date of Effectiveness of the has satisfied this requirement. promote just and equitable principles of Proposed Rule Change and Timing for 13 17 CFR 240.19b–4(f)(6). trade, and, in general, to protect Commission Action 14 17 CFR 240.19b–4(f)(6)(iii). investors and the public interest, and 15 The Exchange has filed the proposed See Securities Exchange Act Release No. 89397 Section 6(b)(8) of the Act,7 which (July 24, 2020) (Federal Register publication rule change pursuant to Section requires that the Exchange’s rules not pending). 16 For purposes only of waiving the 30-day 8 See Securities Exchange Act Release No. 79318 operative delay, the Commission has considered the 6 15 U.S.C. 78f(b)(6). (November 15, 2016), 81 FR 84696, 84697 proposed rule’s impact on efficiency, competition, 7 15 U.S.C. 78f(b)(8). (November 23, 2016). and capital formation. See 15 U.S.C. 78c(f).

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change should be approved or For the Commission, by the Division of (additions are italicized; deletions are disapproved. Trading and Markets, pursuant to delegated [bracketed]) authority.17 * * * * * IV. Solicitation of Comments J. Matthew DeLesDernier, Rules of Cboe Exchange, Inc. Interested persons are invited to Assistant Secretary. * * * * * submit written data, views, and [FR Doc. 2020–17132 Filed 8–5–20; 8:45 am] arguments concerning the foregoing, BILLING CODE 8011–01–P Rule 7.20. Definitions including whether the proposed rule For purposes of this Section B to Chapter change is consistent with the Act. 7: Comments may be submitted by any of SECURITIES AND EXCHANGE * * * * * the following methods: COMMISSION (r) ‘‘Firm Designated ID’’ means (1) a unique and persistent identifier for each Electronic Comments [Release No. 34–89446; File No. SR–CBOE– 2020–073] trading account designated by Industry • Use the Commission’s internet Members for purposes of providing data to comment form (http://www.sec.gov/ Self-Regulatory Organizations; Cboe the Central Repository, provided, however, such identifier may not be the account rules/sro.shtml); or Exchange, Inc.; Notice of Filing and number for such trading account if the • Send an email to rule-comments@ Immediate Effectiveness of a Proposed trading account is not a proprietary account; sec.gov. Please include File Number SR– Rule Change Relating to Amend (2) a unique and persistent relationship NYSEAMER–2020–60 on the subject Chapter 7, Section B of the Rules, identifier when an Industry Member does not line. Which Is the Exchange’s Compliance have an account number available to its Rule (‘‘Compliance Rule’’) Regarding order handling and/or execution system at Paper Comments the National Market System Plan the time of order receipt, provided, however, such identifier must be masked; or (3) a • Send paper comments in triplicate Governing the Consolidated Audit Trail (the ‘‘CAT NMS Plan’’ or ‘‘Plan’’) To Be unique and persistent entity identifier when to Secretary, Securities and Exchange an employee of an Industry Member is Commission, 100 F Street NE, Consistent With an Amendment to the exercising discretion over multiple client Washington, DC 20549–1090. CAT NMS Plan Recently Approved by accounts and creates an aggregated order for the Securities and Exchange which a trading account number of the All submissions should refer to File Commission (‘‘Commission’’) Industry Member is not available at the time Number SR–NYSEAMER–2020–60. This of order origination, where each such file number should be included on the July 31, 2020. identifier is unique among all identifiers subject line if email is used. To help the Pursuant to Section 19(b)(1) of the from any given Industry Member[ for each Commission process and review your Securities Exchange Act of 1934 business date]. comments more efficiently, please use (‘‘Act’’),1 and Rule 19b–4 thereunder,2 * * * * * only one method. The Commission will notice is hereby given that on July 30, The text of the proposed rule change post all comments on the Commission’s 2020, Cboe Exchange, Inc. (the is also available on the Exchange’s internet website (http://www.sec.gov/ ‘‘Exchange’’ or ‘‘Cboe Options’’) filed website (http://www.cboe.com/ rules/sro.shtml). Copies of the with the Securities and Exchange AboutCBOE/ submission, all subsequent Commission (‘‘Commission’’) the CBOELegalRegulatoryHome.aspx), at amendments, all written statements proposed rule change as described in the Exchange’s Office of the Secretary, with respect to the proposed rule Items I and II below, which Items have and at the Commission’s Public change that are filed with the been prepared by the Exchange. The Reference Room. Commission, and all written Commission is publishing this notice to II. Self-Regulatory Organization’s communications relating to the solicit comments on the proposed rule Statement of the Purpose of, and proposed rule change between the change from interested persons. Statutory Basis for, the Proposed Rule Commission and any person, other than I. Self-Regulatory Organization’s Change those that may be withheld from the Statement of the Terms of Substance of In its filing with the Commission, the public in accordance with the the Proposed Rule Change provisions of 5 U.S.C. 552, will be Exchange included statements available for website viewing and Cboe Exchange, Inc. (the ‘‘Exchange’’ concerning the purpose of and basis for printing in the Commission’s Public or ‘‘Cboe Options’’) proposes to amend the proposed rule change and discussed Reference Room, 100 F Street NE, Chapter 7, Section B of the Rules, which any comments it received on the Washington, DC 20549, on official is the Exchange’s compliance rule proposed rule change. The text of these business days between the hours of (‘‘Compliance Rule’’) regarding the statements may be examined at the 10:00 a.m. and 3:00 p.m. Copies of the National Market System Plan Governing places specified in Item IV below. The filing also will be available for the Consolidated Audit Trail (the ‘‘CAT Exchange has prepared summaries, set inspection and copying at the principal NMS Plan’’ or ‘‘Plan’’) 3 to be consistent forth in sections A, B, and C below, of office of the Exchange. All comments with an amendment to the CAT NMS the most significant aspects of such received will be posted without change. Plan recently approved by the Securities statements. and Exchange Commission (the Persons submitting comments are A. Self-Regulatory Organization’s ‘‘Commission’’). The text of the cautioned that we do not redact or edit Statement of the Purpose of, and proposed rule change is provided personal identifying information from Statutory Basis for, the Proposed Rule below. comment submissions. You should Change submit only information that you wish to make available publicly. All 17 17 CFR 200.30–3(a)(12). 1. Purpose 1 submissions should refer to File 15 U.S.C. 78s(b)(1). The purpose of this proposed rule Number SR–NYSEAMER–2020–60, and 2 17 CFR 240.19b–4. 3 Unless otherwise specified, capitalized terms change is to amend Chapter 7, Section should be submitted on or before used in this rule filing are defined as set forth in B of the Rules, the Compliance Rule August 27, 2020. the Compliance Rule. regarding the CAT NMS Plan, to be

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consistent with an amendment to the Exchange proposes to amend the Relationship identifiers are used in CAT NMS Plan recently approved by definition of ‘‘Firm Designated ID’’ in circumstances in which the account the Commission.4 The Commission Rule 7.20(r) to add ‘‘and persistent’’ structure is not available to the trading approved an amendment to the CAT after ‘‘unique’’ and delete ‘‘for each system at the time of order placement. NMS Plan to amend the requirements business date’’ so that the definition of The clients have established accounts for Firm Designated IDs in four ways: (1) ‘‘Firm Designated ID’’ would read, in prior to the trade that satisfy relevant To prohibit the use of account numbers relevant part, as follows: regulatory obligations for opening as Firm Designated IDs for trading a unique and persistent identifier for each accounts, such as Know Your Customer accounts that are not proprietary trading account designated by Industry and other customer obligations. accounts; (2) to require that the Firm Members for purposes of providing data to However, the order receipt workflows Designated ID for a trading account be the Central Repository . . . where each such operate using relationship identifiers, persistent over time for each Industry identifier is unique among all identifiers not accounts. Member so that a single account may be from any given Industry Member. For Firm Designated ID purposes, as tracked across time within a single (3) Relationship Identifiers with an identifier for a trading account, Industry Member; (3) to permit the use The FDID Amendment also permits the relationship identifier must be of relationship identifiers as Firm persistent over time. The relationship Designated IDs in certain circumstances; an Industry Member to provide a relationship identifier as the Firm identifier also must be unique among all and (4) to permit the use of entity identifiers from any given Industry identifiers as Firm Designated IDs in Designated ID, rather than an identifier that represents a trading account, in Member. With these requirements, a certain circumstances (the ‘‘FDID single relationship could be tracked Amendment’’). As a result, the certain scenarios in which an Industry Member does not have an account across time within a single Industry Exchange proposes to amend the Member using the Firm Designated ID. definition of ‘‘Firm Designated ID’’ in number available to its order handling and/or execution system at the time of In addition, the relationship identifier Rule 7.20 to reflect the changes to the must be masked as the relationship CAT NMS Plan regarding the order receipt (e.g., certain institutional accounts, managed accounts, accounts identifier could be a name or otherwise requirements for Firm Designated IDs. provide an indication as to the identity Rule 7.20(r) defines the term ‘‘Firm for individuals). In such scenarios, the trading account structure may not be of the relationship. The masking Designated ID’’ to mean ‘‘a unique requirement would avoid potentially identifier for each trading account available when a new order is first received from a client and, instead, only revealing the identity of the designated by Industry Members for relationship. purposes of providing data to the an identifier representing the client’s An example of the use of a Central Repository, where each such trading relationship is available. In relationship identifier as a Firm identifier is unique among all identifiers these limited instances, the Industry Designated ID would be a follows: from any given Industry Member for Member may provide an identifier used Suppose that Big Fund Manager is each business date.’’ by the Industry Member to represent the client’s trading relationship with the known in Industry Member A’s systems (1) Prohibit Use of Account Numbers Industry Member instead of an account as ‘‘BFM1.’’ When an order is placed by The Exchange proposes to amend the number. Big Fund Manager, the order is tagged definition of ‘‘Firm Designated ID’’ in When a trading relationship is to BFM1. Industry Member A could use Rule 7.20(r) to provide that Industry established at a broker-dealer for clients, a masked version of BFM1 in place of Members may not use account numbers the broker-dealer typically creates a the Firm Designated ID representing a as the Firm Designated ID for trading parent account, under which additional trading account when reporting a new accounts that are not proprietary subaccounts are created. However, in order from Big Fund Manager instead of accounts. Specifically, the Exchange some cases, the broker-dealer the account numbers to which executed proposes to add the following to the establishes the parent relationship for a shares/contracts will be allocated at a definition of a Firm Designated ID: client using a relationship identifier as later time via a booking or other system. ‘‘provided, however, such identifier opposed to an actual parent account. Similarly, another example of the use of may not be the account number for such The relationship identifier could be any a relationship identifier as a Firm trading account if the trading account is of a variety of identifiers, such as a short Designated ID would involve an not a proprietary account.’’ name for a relevant individual or individual in place of the Big Fund institution. This relationship identifier Manager in the above example. (2) Persistent Firm Designated ID is established prior to any trading for In accordance with the FDID The Exchange also proposes to amend the client. If a relationship identifier has Amendment, the Exchange proposes to the definition of ‘‘Firm Designated ID’’ been established rather than a parent amend the definition of a ‘‘Firm in Rule 7.20(r) to require a Firm account, and an order is placed on Designated ID’’ in Rule 7.20(r) to permit Designated ID assigned by an Industry behalf of the client, any executed trades Industry Members to provide a Member to a trading account to be will be kept in a firm account (e.g., a relationship identifier as the Firm persistent over time, not for each facilitation or average price account) Designated ID as described above. business day.5 To effect this change, the until they are allocated to the proper Specifically, the Exchange proposes to subaccount(s), i.e., the accounts amend the definition of ‘‘Firm 4 Securities Exchange Act Release No. 89397 (July associated with the parent relationship Designated ID’’ in Rule 7.20(r) to state 24, 2020) (Federal Register pending). identifier connecting them to the client. that a Firm Designated ID means, in 5 If an Industry Member assigns a new account relevant part, ‘‘a unique and persistent number or entity identifier to a client or customer if the trading account associated with the Firm due to a merger, acquisition or some other corporate Designated ID has been closed), then an Industry relationship identifier when an Industry action, then the Industry Member should create a Member may reuse the Firm Designated ID for Member does not have an account new Firm Designated ID to identify the new account another trading account. The Plan Processor will number available to its order handling identifier/relationship identifier/entity identifier in maintain a history of the use of each Firm and/or execution system at the time of use at the Industry Member for the entity. In Designated ID, including, for example, the effective addition, if a previously assigned Firm Designated dates of the Firm Designated ID with respect to each order receipt, provided, however, such ID is no longer in use by an Industry Member (e.g., associated trading account. identifier must be masked.’’

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(4) Entity Identifiers entity identifier, as the FDID with the the mechanism of a national market The FDID Amendment also permits new order. system, or is otherwise in furtherance of 9 Industry Members to provide an entity In accordance with the FDID the purposes of the Act.’’ To the extent Amendment, the Exchange proposes to identifier, rather than an identifier that that this proposal implements the Plan, amend the definition of ‘‘Firm represents a trading account, when an and applies specific requirements to Designated ID’’ in Rule 7.20(r) to permit employee of the Industry Member is Industry Members, the Exchange the use of an entity identifier as a Firm exercising discretion over multiple believes that this proposal furthers the Designated ID as described above. client accounts and creates an objectives of the Plan, as identified by Specifically, the Exchange proposes to aggregated order for which a trading the Commission, and is therefore amend the definition of a ‘‘Firm account number of the Industry Member consistent with the Act. Designated ID’’ in Rule 7.20(r) to state is not available at the time of order that a Firm Designated ID means, in B. Self-Regulatory Organization’s origination. An entity identifier is an relevant part, ‘‘a unique and persistent Statement on Burden on Competition identifier of the Industry Member that entity identifier when an employee of The Exchange does not believe that represents the firm discretionary an Industry Member is exercising the proposed rule change will impose relationship with the client rather than discretion over multiple client accounts any burden on competition that is not a firm trading account. and creates an aggregated order for The scenarios in which a firm uses an necessary or appropriate in furtherance which a trading account number of the of the purposes of the Act. The entity identifier are comparable to when Industry Member is not available at the Exchange notes that the proposed rule a firm uses a relationship identifier (as time of order origination.’’ described above) except the entity changes are consistent with a recent identifier represents the Industry 2. Statutory Basis amendment to the CAT NMS Plan, and Member rather than a client. As with The Exchange believes the proposed are designed to assist the Exchange in relationship identifiers, entity rule change is consistent with the meeting its regulatory obligations identifiers are used in circumstances in Securities Exchange Act of 1934 (the pursuant to the Plan. The Exchange also which the account structure is not ‘‘Act’’) and the rules and regulations notes that the FDID Amendment will available to the trading system at the thereunder applicable to the Exchange apply equally to all Industry Members time of order placement. In this and, in particular, the requirements of that trade NMS Securities and OTC workflow, the Industry Member’s order Section 6(b) of the Act.6 Specifically, Equity Securities. In addition, all handling and/execution system does not the Exchange believes the proposed rule national securities exchanges and have an account number at the time of change is consistent with the Section FINRA are proposing this amendment to order origination. The relevant clients 6(b)(5) 7 requirements that the rules of their Compliance Rules. Therefore, this that will receive an allocation of the an exchange be designed to prevent is not a competitive rule filing, and, execution have established accounts fraudulent and manipulative acts and therefore, it does not impose a burden prior to the trade that satisfy relevant practices, to promote just and equitable on competition. regulatory obligations for opening principles of trade, to foster cooperation C. Self-Regulatory Organization’s accounts, such as Know Your Customer and coordination with persons engaged Statement on Comments on the and other customer obligations. in regulating, clearing, settling, Proposed Rule Change Received From However, the order origination processing information with respect to, Members, Participants, or Others workflows operate using entity and facilitating transactions in identifiers, not accounts. securities, to remove impediments to The Exchange neither solicited nor For Firm Designated ID purposes, as and perfect the mechanism of a free and received comments on the proposed with the identifier for a trading account open market and a national market rule change. or a relationship, the entity identifier system, and, in general, to protect III. Date of Effectiveness of the must be persistent over time. The entity investors and the public interest. identifier also must be unique among all Proposed Rule Change and Timing for Additionally, the Exchange believes the Commission Action identifiers from any given Industry proposed rule change is consistent with Member. Each Industry Member must 8 the Section 6(b)(5) requirement that The Exchange has filed the proposed make its own risk determination as to the rules of an exchange not be designed rule change pursuant to Section whether it believes it is necessary to to permit unfair discrimination between 19(b)(3)(A)(iii) of the Act 10 and Rule mask the entity identifier when using an customers, issuers, brokers, or dealers. 19b–4(f)(6) thereunder.11 Because the entity identifier to report the Firm In particular, the Exchange believes proposed rule change does not: (i) Designated ID to CAT. that this proposal is consistent with the Significantly affect the protection of An example of the use of an entity Act because it is consistent with, and investors or the public interest; (ii) identifier as a Firm Designated ID would implements, a recent amendment to the impose any significant burden on be when Industry Member 1 has an CAT NMS Plan, and is designed to competition; and (iii) become operative employee that is a registered assist the Exchange and its Industry prior to 30 days from the date on which representative that has discretion over Members in meeting regulatory it was filed, or such shorter time as the several client accounts held at Industry obligations pursuant to the Plan. In Commission may designate, if Member 1. The registered representative approving the Plan, the Commission consistent with the protection of places an order that he will later noted that the Plan ‘‘is necessary and investors and the public interest, the allocate to individual client accounts. appropriate in the public interest, for proposed rule change has become At the time the order is placed, the the protection of investors and the effective pursuant to Section 19(b)(3)(A) trading system only knows it involves a maintenance of fair and orderly markets, representative of Industry Member 1 to remove impediments to, and perfect 9 See Securities Exchange Act Release No. 79318 and it does not have a specific trading (November 15, 2016), 81 FR 84696, 84697 account that could be used for Firm 6 15 U.S.C. 78f(b). (November 23, 2016). Designated ID reporting. Therefore, 7 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78s(b)(3)(A)(iii). Industry Member 1 could report IM1, its 8 Id. 11 17 CFR 240.19b–4(f)(6).

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of the Act 12 and Rule 19b–4(f)(6)(iii) • Send an email to rule-comments@ SECURITIES AND EXCHANGE thereunder.13 sec.gov. Please include File Number SR– COMMISSION A proposed rule change filed under CBOE–2020–073 on the subject line. Rule 19b–4(f)(6) 14 normally does not [Release No. 34–89437; File No. SR–BOX– 2020–30] become operative prior to 30 days after Paper Comments the date of the filing. However, pursuant • Send paper comments in triplicate Self-Regulatory Organizations; BOX to Rule 19b–4(f)(6)(iii),15 the to Secretary, Securities and Exchange Exchange LLC; Notice of Filing and Commission may designate a shorter Immediate Effectiveness of a Proposed time if such action is consistent with the Commission, 100 F Street NE, Washington, DC 20549–1090. Rule Change To Make a Number of protection of investors and the public Non-Substantive Changes to the interest. The Exchange has asked the All submissions should refer to File Rulebook Commission to waive the 30-day Number SR-CBOE–2020–073. This file operative delay so that the proposal may number should be included on the July 31, 2020. become operative by July 31, 2020. The subject line if email is used. To help the Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 Commission believes that waiver of the Commission process and review your (‘‘Act’’),1 and Rule 19b–4 thereunder,2 30-day operative delay is consistent comments more efficiently, please use notice is hereby given that on July 22, with the protection of investors and the only one method. The Commission will public interest because it implements an 2020, BOX Exchange LLC (the post all comments on the Commission’s amendment to the CAT NMS Plan ‘‘Exchange’’) filed with the Securities internet website (http://www.sec.gov/ approved by the Commission.16 and Exchange Commission Accordingly, the Commission hereby rules/sro.shtml). Copies of the (‘‘Commission’’) the proposed rule waives the 30-day operative delay and submission, all subsequent change as described in Items I and II designates the proposal operative as of amendments, all written statements below, which Items have been prepared July 31, 2020.17 with respect to the proposed rule by the self-regulatory organization. The At any time within 60 days of the change that are filed with the Commission is publishing this notice to filing of this proposed rule change, the Commission, and all written solicit comments on the proposed rule Commission summarily may communications relating to the change from interested persons. temporarily suspend such rule change if proposed rule change between the I. Self-Regulatory Organization’s it appears to the Commission that such Commission and any person, other than Statement of the Terms of the Substance action is necessary or appropriate in the those that may be withheld from the of the Proposed Rule Change public interest, for the protection of public in accordance with the investors, or otherwise in furtherance of provisions of 5 U.S.C. 552, will be The Exchange proposes to make a number of non-substantive changes to the purposes of the Act. If the available for website viewing and the rulebook. The text of the proposed Commission takes such action, the printing in the Commission’s Public rule change is available from the Commission will institute proceedings Reference Room, 100 F Street, NE, to determine whether the proposed rule principal office of the Exchange, at the Washington, DC 20549, on official Commission’s Public Reference Room change should be approved or business days between the hours of disapproved. and also on the Exchange’s internet 10:00 a.m. and 3:00 p.m. Copies of the website at http://boxoptions.com. IV. Solicitation of Comments filing also will be available for II. Self-Regulatory Organization’s Interested persons are invited to inspection and copying at the principal office of the Exchange. All comments Statement of the Purpose of, and submit written data, views, and Statutory Basis for, the Proposed Rule received will be posted without change. arguments concerning the foregoing, Change including whether the proposed rule Persons submitting comments are In its filing with the Commission, the change is consistent with the Act. cautioned that we do not redact or edit self-regulatory organization included Comments may be submitted by any of personal identifying information from statements concerning the purpose of, the following methods: comment submissions. You should submit only information that you wish and basis for, the proposed rule change Electronic Comments to make available publicly. All and discussed any comments it received • Use the Commission’s internet submissions should refer to File on the proposed rule change. The text of these statements may be examined at comment form (http://www.sec.gov/ Number SR–CBOE–2020–073, and the places specified in Item IV below. rules/sro.shtml); or should be submitted on or before The self-regulatory organization has August 27, 2020. 12 15 U.S.C. 78s(b)(3)(A). prepared summaries, set forth in 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– For the Commission, by the Division of Sections A, B, and C below, of the most 4(f)(6)(iii) requires the Exchange to give the Trading and Markets, pursuant to delegated significant aspects of such statements. Commission written notice of the Exchange’s intent authority.18 to file the proposed rule change, along with a brief A. Self-Regulatory Organization’s description and text of the proposed rule change, J. Matthew DeLesDernier, Statement of the Purpose of, and at least five business days prior to the date of filing Assistant Secretary. Statutory Basis for, the Proposed Rule of the proposed rule change, or such shorter time [FR Doc. 2020–17135 Filed 8–5–20; 8:45 am] as designated by the Commission. The Exchange Change has satisfied this requirement. BILLING CODE 8011–01–P 1. Purpose 14 17 CFR 240.19b–4(f)(6). 15 17 CFR 240.19b–4(f)(6)(iii). The purpose of the proposed rule 16 See Securities Exchange Act Release No. 89397 change is to make a number of non- (July 24, 2020) (Federal Register publication substantive changes to the rulebook. pending). The Exchange believes these changes 17 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). and capital formation. See 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.

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are necessary to correct inadvertent • The Exchange proposes to replace that, by ensuring the rulebook oversights to internal cross-references ‘‘Options Participant’’ with accurately reflects the intention of the and other minor changes of a non- ‘‘Participant’’ in Rule 10050(c) Exchange’s rules, the proposed rule substantive nature in order to provide (Regulatory Cooperation), which details change reduces potential investor or greater accuracy and clarity to the right of the Exchange to collect market participant confusion. rulebook. testimony and additional documentation in connection with B. Self-Regulatory Organization’s First, the Exchange is proposing to Statement on Burden on Competition amend the BOX Rule 7110 (Order investigations or disciplinary proceedings. The Exchange does not believe that Entry). Specifically, the Exchange is • proposing to remove the language ‘‘and The Exchange also proposes to the proposed rule change will impose strategies’’ in order to clarify that no replace ‘‘Options Participant’’ with any burden on competition not complex orders will be accepted by the ‘‘Participant’’ in Rule 12030(a)(1) necessary or appropriate in furtherance system during the pre-opening period.3 (Letters of Consent) which outlines of the purposes of the Act. In this regard The Exchange discovered the when the Exchange may dispose of a and as indicated above, the Exchange inadvertent inclusion during matter concerning violative conduct, notes that the proposed changes will not compliance testing of the rulebook and pursuant to a letter of consent, in place alter the substance or application of any now seeks to amend the rule language of normal disciplinary procedures. of the Exchange’s rules. Therefore, the • Lastly, the Exchange also proposes to match how the BOX trading system proposed changes will have no impact to replace ‘‘Options Participant’’ with currently functions. on competition as they are not designed ‘‘Participant’’ in Rule 14000(b) which to address any competitive issues but Next, the Exchange proposes to covers jurisdictional scope of disputes rather are designed to make clarifying, correct two internal cross references as it relates to Exchange arbitration.6 contained in the Exchange’s rulebook. non-substantive changes. 2. Statutory Basis Specifically, within BOX Rule C. Self-Regulatory Organization’s 7600(a)(4), the internal cross reference The Exchange believes that the Statement on Comments on the to the defined term Complex Orders proposal is consistent with the Proposed Rule Change Received From must be updated from Rule 7240(a)(5) to requirements of Section 6(b) of the Act,7 Members, Participants, or Others Rule 7240(a)(7). Similarly, in Rule IM– in general, and Section 6(b)(5) of the 8050–3, the internal cross-reference to Act,8 in particular, in that it is designed The Exchange has neither solicited Rule 100(a)(55) must be updated to Rule to prevent fraudulent and manipulative nor received comments on the proposed 100(a)(56).4 The Exchange believes that acts and practices, to promote just and rule change. these non-substantive changes will equitable principles of trade, to foster III. Date of Effectiveness of the enhance the accuracy of the Exchange’s cooperation and coordination with Proposed Rule Change and Timing for rules. persons engaged in facilitating Commission Action Lastly, the Exchange previously transactions in securities, to remove submitted a rule filing noticed by the impediments to and perfect the Because the proposed rule change Commission for immediate mechanism of a free and open market does not (i) significantly affect the effectiveness, where the Exchange and a national market system, and, in protection of investors or the public proposed to make a number of non- general to protect investors and the interest; (ii) impose any significant substantive changes to the rulebook, public interest. burden on competition; and (iii) become including replacing the term ‘‘Options The Exchange believes that the operative for 30 days from the date on Participant’’ with ‘‘Participant.’’ 5 The proposed rule change would remove which it was filed, or such shorter time rule proposal specified that certain impediments to and perfect the as the Commission may designate, it has Exchange rules were not options mechanism of a free and open market become effective pursuant to Section specific and therefore the Exchange and a national market system by 19(b)(3)(A) of the Act 9 and Rule 19b– deemed it appropriate to replace ensuring that market participants can 4(f)(6) thereunder.10 ‘‘Options Participant’’ with easily navigate, understand and comply At any time within 60 days of the with the Exchange’s rulebook. The ‘‘Participant’’ to provide more general filing of the proposed rule change, the Exchange believes that the proposed coverage. The proposed change was Commission summarily may rule change enables the Exchange to intended to clarify that the Exchange temporarily suspend such rule change if continue to enforce the Exchange’s rules applied to Participants of the it appears to the Commission that such rules. The Exchange believes that none Exchange regardless of whether they action is necessary or appropriate in the of the proposed changes discussed participated in the trading of options. In public interest, for the protection of herein alter the application of any rules, doing so, the Exchange inadvertently investors, or otherwise in furtherance of or how the trading system currently overlooked additional references within the purposes of the Act. If the functions. As such, the proposed the following paragraphs, which should Commission takes such action, the amendments would foster cooperation have also been updated. The Exchange Commission shall institute proceedings and coordination with persons engaged now proposes to amend these rules as to determine whether the proposed rule in facilitating transactions in securities it relates to the usage of the term change should be approved or and would remove impediments to and ‘‘Options Participant’’ as follows: disapproved. perfect the mechanism of a free and open market and a national exchange 3 See BOX Rule 7070(a). system. Further, the Exchange believes 9 15 U.S.C. 78s(b)(3)(A). 4 BOX Rule 100(a)(56) defines ‘‘quote’’ or 10 17 CFR 240.19b–4(f)(6). As required under Rule ‘‘quotation’’ as a bid or offer entered by a Market 19b–4(f)(6)(iii), the Exchange provided the Maker as a firm order that updates the Market 6 The Exchange notes that in paragraph 14000(b) Commission with written notice of its intent to file Maker’s previous bid or offer, if any. the Exchange is also proposing to delete duplicative the proposed rule change, along with a brief 5 See Securities Exchange Act Release No. 83895 text ‘‘except that’’, and correct a spelling error by description and the text of the proposed rule (August 21, 2018), 83 FR 43711 (August 27, 2018) changing ‘‘statue’’ to ‘‘statute’’ in the rule text. change, at least five business days prior to the date (Notice of Filing and Immediate Effectiveness of 7 15 U.S.C. 78f(b). of filing of the proposed rule change, or such SR–BOX–2018–27). 8 15 U.S.C. 78f(b)(5). shorter time as designated by the Commission.

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IV. Solicitation of Comments For the Commission, by the Division of II. Description of the Proposed Rule Trading and Markets, pursuant to delegated Change, as Modified by Amendment Interested persons are invited to authority.11 No. 2 4 submit written data, views, and J. Matthew DeLesDernier, The Exchange is proposing to list and arguments concerning the foregoing, Assistant Secretary. trade Shares of the Funds under NYSE including whether the proposed rule [FR Doc. 2020–17130 Filed 8–5–20; 8:45 am] Arca Rule 8.601–E (Active Proxy change is consistent with the Act. 5 BILLING CODE 8011–01–P Portfolio Shares). Each Fund will be a Comments may be submitted by any of series of Natixis ETF Trust II (‘‘Trust’’), the following methods: which will be registered with the Electronic Comments SECURITIES AND EXCHANGE Commission as an open-end COMMISSION management investment company.6 • Use the Commission’s internet Natixis Advisors, L.P. (‘‘Adviser’’) will be the investment adviser to the Funds comment form (http://www.sec.gov/ [Release No. 34–89438; File No. SR– and Vaughan Nelson Investment rules/sro.shtml); or NYSEArca–2020–51] Management, L.P. will be the subadviser • Send an email to rule-comments@ (‘‘Sub-Adviser’’) for the Funds. ALPS sec.gov. Please include File Number SR– Self-Regulatory Organizations; NYSE Distributors, Inc. will act as the BOX–2020–30 on the subject line. Arca, Inc.; Order Granting Approval of a Proposed Rule Change, as Modified distributor and principal underwriter Paper Comments (‘‘Distributor’’) for the Funds. by Amendment No. 2, To List and The Exchange represents that the • Send paper comments in triplicate Trade Shares of Natixis Vaughan Adviser is not registered as a broker- to Secretary, Securities and Exchange Nelson Select ETF and Natixis dealer but is affiliated with a broker- Commission, 100 F Street NE, Vaughan Nelson MidCap ETF Under dealer and has implemented and will Washington, DC 20549–1090. NYSE Arca Rule 8.601–E maintain a ‘‘fire wall’’ with respect to July 31, 2020. All submissions should refer to File 4 Additional information regarding the Shares and Number SR–BOX–2020–30. This file I. Introduction the Funds can be found in the Notice, supra note number should be included on the 3, and the Registration Statement, infra note 6. subject line if email is used. To help the On June 12, 2020, NYSE Arca, Inc. 5 The term ‘‘Active Proxy Portfolio Share’’ means a security that (a) is issued by an investment Commission process and review your (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed company registered under the Investment Company comments more efficiently, please use with the Securities and Exchange Act of 1940 (‘‘Investment Company’’) organized as only one method. The Commission will Commission (‘‘Commission’’), pursuant an open-end management investment company that invests in a portfolio of securities selected by the post all comments on the Commission’s to Section 19(b)(1) of the Securities Investment Company’s investment adviser internet website (http://www.sec.gov/ Exchange Act of 1934 (‘‘Act’’) 1 and Rule consistent with the Investment Company’s rules/sro.shtml). Copies of the 19b–4 thereunder,2 a proposed rule investment objectives and policies; (b) is issued in a specified minimum number of shares, or submission, all subsequent change to list and trade shares multiples thereof, in return for a deposit by the amendments, all written statements (‘‘Shares’’) of the following under NYSE purchaser of the Proxy Portfolio and/or cash with with respect to the proposed rule Arca Rule 8.601–E (Active Proxy a value equal to the next determined net asset value (‘‘NAV’’); (c) when aggregated in the same specified change that are filed with the Portfolio Shares): Natixis Vaughan number of Active Proxy Portfolio Shares, or Commission, and all written Nelson Select ETF and Natixis Vaughan multiples thereof, may be redeemed at a holder’s communications relating to the Nelson MidCap ETF (each a ‘‘Fund’’ request in return for the Proxy Portfolio and/or cash to the holder by the issuer with a value equal to proposed rule change between the and, collectively, the ‘‘Funds’’). On June the next determined NAV; and (d) the portfolio Commission and any person, other than 17, 2020, the Exchange filed holdings for which are disclosed within at least 60 those that may be withheld from the Amendment No. 1 to the proposed rule days following the end of every fiscal quarter. See NYSE Arca Rule 8.601–E(c)(1). See also note 7 infra public in accordance with the change, which superseded and replaced regarding the definition of ‘‘Proxy Portfolio.’’ The provisions of 5 U.S.C. 552, will be the proposed rule change in its entirety. Commission recently approved the Exchange’s available for website viewing and On June 19, 2020, the Exchange filed proposed rule change to adopt NYSE Arca Rule printing in the Commission’s Public Amendment No. 2 to the proposed rule 8.601–E to permit the listing and trading of Active Proxy Portfolio Shares. See Securities Exchange Act Reference Room, 100 F Street NE, change, which superseded and replaced Release No. 89185 (June 29, 2020), 85 FR 40328 Washington, DC 20549 on official the proposed rule change, as modified (July 6, 2020) (SR–NYSEArca–2019–095) (‘‘Active business days between the hours of by Amendment No. 1, in its entirety. Proxy Portfolio Shares Order’’). 6 The Exchange states that the Trust is registered 10:00 a.m. and 3:00 p.m. Copies of such The proposed rule change, as modified under the Investment Company Act of 1940 (‘‘1940 filing also will be available for by Amendment No. 2, was published for Act’’). On April 24, 2020, the Trust filed a inspection and copying at the principal comment in the Federal Register on registration statement on Form N–1A under the 3 Securities Act of 1933 (‘‘1933 Act’’) (15 U.S.C. 77a), office of the Exchange. All comments June 29, 2020. The Commission has and under the 1940 Act relating to the Funds (File received will be posted without change. received no comments on the proposed Nos. 333–235466 and 811–23500) (‘‘Registration Persons submitting comments are rule change. This order approves the Statement’’). The Trust and NYSE Group, Inc. filed cautioned that we do not redact or edit proposed rule change, as modified by a Seventh Amended and Restated Application for an Order under Section 6(c) of the 1940 Act for personal identifying information from Amendment No. 2. exemptions from various provisions of the 1940 Act comment submissions. You should and rules thereunder (File No. 812–14870), dated submit only information that you wish October 21, 2019 (‘‘Application’’). On November 14, 2019, the Commission issued a notice regarding the to make available publicly. All Application. Investment Company Release No. submissions should refer to File 11 17 CFR 200.30–3(a)(12). 33684 (File No. 812–14870). On December 10, 2019, the Commission issued an order (‘‘Exemptive Number SR–BOX–2020–30, and should 1 15 U.S.C. 78s(b)(1). Order’’) under the 1940 Act granting the 2 be submitted on or before August 27, 17 CFR 240.19b–4. exemptions requested in the Application 2020. 3 See Securities Exchange Act Release No. 89127 (Investment Company Act Release No. 33711 (June 23, 2020), 85 FR 39000 (‘‘Notice’’). (December 10, 2019)).

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such broker-dealer affiliate regarding changes thereto. Moreover, if any such Any foreign common stocks held by a access to information concerning the person or entity is registered as a broker- Fund will be traded on an exchange that composition of and/or changes to a dealer or affiliated with a broker-dealer, is a member of the Intermarket Fund’s Actual Portfolio and/or Proxy such person or entity has erected and Surveillance Group (‘‘ISG’’) or with Portfolio.7 The Exchange represents that will maintain a ‘‘fire wall’’ between the which the Exchange has in place a the Sub-Adviser is not registered as a person or entity and the broker-dealer comprehensive surveillance sharing broker-dealer but is affiliated with a with respect to access to information agreement. broker-dealer and the Sub-Adviser has concerning the composition and/or 1. Natixis Vaughan Nelson Select ETF implemented and will maintain a ‘‘fire changes to a Fund’s Actual Portfolio wall’’ with respect to its broker-dealer and/or Proxy Portfolio. According to the Exchange, the affiliate regarding access to information Fund’s investment objective is to seek concerning the composition of and/or A. Description of the Funds long-term capital appreciation. The changes to the applicable Fund’s Actual According to the Exchange, the Fund, under normal market Portfolio and/or Proxy Portfolio. In the Adviser believes a Fund would allow conditions,11 will invest primarily in event (a) the Adviser or Sub-Adviser for efficient trading of Shares through an equity securities, including exchange- becomes registered as a broker-dealer or effective Fund portfolio transparency traded common stocks, exchange-traded becomes newly affiliated with a broker- substitute and publication of related preferred stocks and exchange-traded dealer, or (b) any new adviser or sub- information metrics, while still real estate investment trusts (‘‘REITs’’). adviser is a registered broker-dealer, or shielding the identity of the full Fund 2. Natixis Vaughan Nelson MidCap ETF becomes affiliated with a broker-dealer, portfolio contents to protect a Fund’s it will implement and maintain a fire performance-seeking strategies. Even According to the Exchange, the wall with respect to its relevant though a Fund would not publish its Fund’s investment objective is to seek personnel or its broker-dealer affiliate full portfolio contents daily, the Adviser long-term capital appreciation. The regarding access to information believes that the NYSE Proxy Portfolio Fund, under normal market conditions, concerning the composition and/or Methodology would allow market will invest primarily in companies that, changes to a Fund’s Actual Portfolio participants to assess the intraday value at the time of purchase, have market and/or Proxy Portfolio, and will be and associated risk of a Fund’s Actual capitalizations either within the subject to procedures designed to capitalization range of the Russell Portfolio. As a result, the Adviser ® prevent the use and dissemination of believes that investors would be able to Midcap Value Index, an unmanaged material non-public information purchase and sell Shares in the index that measures the performance of regarding a Fund’s Actual Portfolio and/ secondary market at prices that are close companies with lower price-to-book or Proxy Portfolio or changes thereto. In to their NAV. ratios and lower forecasted growth addition, the Exchange represents that The Exchange states that the Funds values within the broader Russell any person related to the Adviser, Sub- will utilize a proxy portfolio Midcap Index, or of $15 billion or less. Adviser or a Fund who makes decisions methodology—the ‘‘NYSE Proxy Equity securities that the Fund may pertaining to a Fund’s Actual Portfolio Portfolio Methodology’’—that would invest in may take the form of exchange- or the Proxy Portfolio or has access to allow market participants to assess the traded stock in corporations and non-public information regarding a intraday value and associated risk of a exchange-traded REITs or other Fund’s Actual Portfolio and/or the Fund’s Actual Portfolio and thereby exchange-traded trusts and similar Proxy Portfolio or changes thereto are facilitate the purchase and sale of securities representing direct or indirect subject to procedures reasonably Shares by investors in the secondary ownership interests in business designed to prevent the use and market at prices that do not vary organizations. dissemination of material non-public materially from their NAV.8 The NYSE 3. Investment Restrictions information regarding a Fund’s Actual Proxy Portfolio Methodology would Portfolio and/or the Proxy Portfolio or utilize creation of a Proxy Portfolio for The Shares of the Funds will conform changes thereto. hedging and arbitrage purposes.9 to the initial and continued listing The Exchange further represents that Each of the Fund’s holdings will criteria under NYSE Arca Rule 8.601–E. any person or entity, including any conform to the permissible investments Each Fund’s holdings will be limited to service provider for a Fund, who has as set forth in the Application and and consistent with permissible access to non-public information Exemptive Order and the holdings will holdings as described in the Application regarding a Fund’s Actual Portfolio or be consistent with all requirements in the Proxy Portfolio or changes thereto, 10 common stocks listed on a foreign exchange that the Application and Exemptive Order. trade on such exchange contemporaneously with will be subject to procedures reasonably the Shares (‘‘foreign common stocks’’) in the designed to prevent the use and 8 The NYSE Proxy Portfolio Methodology is Exchange’s Core Trading Session (normally 9:30 dissemination of material non-public owned by the NYSE Group, Inc. and licensed for a.m. and 4:00 p.m. Eastern time (‘‘E.T.’’)); U.S. information regarding a Fund’s Actual use by the Funds. NYSE Group, Inc. is not affiliated exchange-traded preferred stocks; U.S. exchange- with the Funds, Adviser or Distributor. Not all traded American Depositary Receipts (‘‘ADRs’’); Portfolio and/or the Proxy Portfolio or series of Active Proxy Portfolio Shares utilize the U.S. exchange-traded real estate investment trusts; NYSE Proxy Portfolio Methodology. U.S. exchange-traded commodity pools; U.S. 7 The term ‘‘Actual Portfolio’’ means the 9 With respect to the Funds, the Funds will have exchange-traded metals trusts; U.S. exchange-traded identities and quantities of the securities and other in place policies and procedures regarding the currency trusts; and U.S. exchange-traded futures assets held by the Investment Company that shall construction and composition of their respective that trade contemporaneously with a Fund’s Shares. form the basis for the Investment Company’s Proxy Portfolio. Such policies and procedures will In addition, a Fund may hold cash and cash calculation of NAV at the end of the business day. be covered by a Fund’s compliance program and equivalents (short-term U.S. Treasury securities, See NYSE Arca Rule 8.601–E(c)(2). The term ‘‘Proxy other requirements under Rule 38a–1 under the government money market funds, and repurchase Portfolio’’ means a specified portfolio of securities, 1940 Act. agreements). A Fund will not hold short positions other financial instruments and/or cash designed to 10 Pursuant to the Application and Exemptive or invest in derivatives other than U.S. exchange- track closely the daily performance of the Actual Order, the permissible investments for each Fund traded futures, will not borrow for investment Portfolio of a series of Active Proxy Portfolio Shares include only the following instruments: Exchange- purposes, and will not purchase any securities that as provided in the exemptive relief pursuant to the traded funds (‘‘ETFs’’) traded on a U.S. exchange; are illiquid investments at the time of purchase. 1940 Act applicable to such series. See NYSE Arca exchange-traded notes (‘‘ETNs’’) traded on a U.S. 11 The term ‘‘normal market conditions’’ is Rule 8.601–E(c)(3). exchange; U.S. exchange-traded common stocks; defined in NYSE Arca Rule 8.601–E(c)(5).

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and all requirements in the Application Specifically, prior to commencement cash equivalents, will be available on and Exemptive Order.12 Each Fund’s of trading in the Shares, the Exchange the exchanges on which they are traded investments, including derivatives, will will obtain a representation from the and through subscription services, and be consistent with its investment Adviser that the NAV per Share of each that intraday pricing information for objective and will not be used to Fund will be calculated daily and that cash equivalents will be available enhance leverage (although certain the NAV, Proxy Portfolio, and Actual through subscription services and/or derivatives and other investments may Portfolio for each Fund will be made pricing services. result in leverage). That is, a Fund’s available to all market participants at The Commission also believes that the investments will not be used to seek the same time.16 Information regarding Exchange’s rules regarding trading halts performance that is the multiple or market price and trading volume of the help to ensure the maintenance of fair inverse multiple (e.g., 2X or –3X) of a Shares will be continually available on and orderly markets for the Shares. Fund’s primary broad-based securities a real-time basis throughout the day on Specifically, pursuant to its rules, the benchmark index (as defined in Form brokers’ computer screens and other Exchange may consider all relevant N–1A).13 electronic services. Quotation and last- factors in exercising its discretion to sale information for the Shares, ETFs, halt trading in the Shares and will halt III. Discussion and Commission ETNs, U.S. exchange-traded common trading in the Shares under the Findings stocks, preferred stocks, and ADRs will conditions specified in NYSE Arca Rule After careful review, the Commission be available via the Consolidated Tape 7.12–E. Trading may be halted because finds that the proposed rule change, as Association high-speed line or from the of market conditions or for reasons that, modified by Amendment No. 2, is exchange on which such securities in the view of the Exchange, make consistent with the Act and rules and trade. Price information for futures, trading in the Shares inadvisable, regulations thereunder applicable to a foreign stocks, and cash equivalents is including (1) the extent to which trading national securities exchange.14 In available through major market data is not occurring in the securities and/or particular, the Commission finds that vendors. The Funds’ website will the financial instruments composing the the proposed rule change, as modified include additional information updated Proxy Portfolio and/or Actual Portfolio; by Amendment No. 2 is consistent with on a daily basis, including, on a per or (2) whether other unusual conditions Section 6(b)(5) of the Act,15 which Share basis for each Fund, the prior or circumstances detrimental to the requires, among other things, that the business day’s NAV, the closing price or maintenance of a fair and orderly Exchange’s rules be designed to prevent bid/ask price at the time of calculation market are present.18 Trading in the fraudulent and manipulative acts and of such NAV, and a calculation of the Shares also will be subject to NYSE practices, to promote just and equitable premium or discount of the closing Arca Rule 8.601–E(d)(2)(D), which sets principles of trade, to remove price or bid/ask price against such NAV. forth additional circumstances under impediments to and perfect the The website will also disclose the which trading in the Shares will be mechanism of a free and open market percentage weight overlap between the halted. and a national market system, and, in holdings of the Proxy Portfolio The Commission also believes that the general, to protect investors and the compared to the Actual Portfolio proposal is reasonably designed to help public interest. holdings for the prior business day, and prevent fraudulent and manipulative any other information regarding acts and practices. Specifically: The Commission believes that the • proposal is reasonably designed to premiums and discounts and the bid/ The Adviser is not registered as a promote fair disclosure of information ask spread for a Fund as may be broker-dealer but is affiliated with a that may be necessary to price the required for other ETFs under Rule 6c– broker-dealer and has implemented and Shares appropriately and to prevent 11 under the 1940 Act. The Proxy will maintain a ‘‘fire wall’’ with respect trading in the Shares when a reasonable Portfolio holdings for each Fund to such broker-dealer affiliate regarding degree of certain pricing transparency (including the identity and quantity of access to information concerning the cannot be assured. As such, the investments in the Proxy Portfolio) will composition of and/or changes to a Commission believes the proposal is be publicly available on the Funds’ Fund’s Actual Portfolio and/or Proxy website before the commencement of Portfolio; reasonably designed to maintain a fair • and orderly market for trading the trading in Shares on each business day The Sub-Adviser is not registered as Shares. The Commission also finds that and the Funds’ website will disclose the a broker-dealer but is affiliated with a the proposal is consistent with Section information required under NYSE Arca broker-dealer and has implemented and 11A(a)(1)(C)(iii) of the Act, which sets Rule 8.601–E(c)(3).17 The website and will maintain a ‘‘fire wall’’ with respect forth Congress’s finding that it is in the information will be publicly available at to its broker-dealer affiliate regarding public interest and appropriate for the no charge. access to information concerning the protection of investors and the In addition, intraday pricing composition of and/or changes to a maintenance of fair and orderly markets information for all constituents of the Fund’s Actual Portfolio and/or Proxy to assure the availability to brokers, Proxy Portfolio for each Fund that are Portfolio. • Any person related to the Adviser, dealers, and investors of information exchange-traded, which includes all Sub-Adviser or a Fund who makes with respect to quotations for, and eligible instruments except cash and decisions pertaining to a Fund’s Actual transactions in, securities. 16 See NYSE Arca Rule 8.601–E(d)(1)(B). Portfolio or the Proxy Portfolio or who 17 See NYSE Arca Rule 8.601–E(c)(3), which has access to non-public information 12 See note 10, supra. requires that the website for each series of Active regarding a Fund’s Actual Portfolio and/ 13 A Fund’s broad-based securities benchmark Proxy Portfolio Shares shall disclose the index will be identified in a future amendment to information regarding the Proxy Portfolio as or the Proxy Portfolio or changes thereto its Registration Statement following a Fund’s first provided in the exemptive relief pursuant to the are subject to procedures reasonably full calendar year of performance. 1940 Act applicable to such series, including the designed to prevent the use and 14 In approving this proposed rule change, the following, to the extent applicable: (i) Ticker dissemination of material non-public Commission notes that it has considered the symbol; (ii) CUSIP or other identifier; (iii) proposed rule’s impact on efficiency, competition, description of holding; (iv) quantity of each security information regarding a Fund’s Actual and capital formation. See 15 U.S.C. 78c(f). or other asset held; and (v) percentage weighting of 15 15 U.S.C. 78f(b)(5). the holding in the portfolio. 18 See NYSE Arca Rule 8.601–E(d)(2)(D)(i).

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Portfolio and/or the Proxy Portfolio or The Commission finds that the must notify the Exchange of any failure changes thereto; following support the listing and trading by a Fund to comply with the continued • In the event (a) the Adviser or Sub- of the Shares: listing requirements and, pursuant to its Adviser becomes registered as a broker- (1) The Shares will conform to the obligations under Section 19(g)(1) of the initial and continued listing criteria 21 dealer or becomes newly affiliated with Act, the Exchange will monitor for under NYSE Arca Rule 8.601–E. a broker-dealer, or (b) any new adviser compliance with the continued listing (2) A minimum of 100,000 Shares for requirements. If a Fund is not in or sub-adviser is a registered broker- each Fund will be outstanding at the dealer, or becomes affiliated with a compliance with the applicable listing commencement of trading on the requirements, the Exchange will broker-dealer, it will implement and Exchange. maintain a fire wall with respect to its commence delisting procedures under (3) The Exchange or FINRA, on behalf NYSE Arca Rule 5.5–E(m). relevant personnel or its broker-dealer of the Exchange, or both, will affiliate regarding access to information communicate as needed, and may IV. Conclusion concerning the composition of and/or obtain information, regarding trading in It is therefore ordered, pursuant to changes to a Fund’s Actual Portfolio the Shares and underlying exchange- Section 19(b)(2) of the Act 22 that the and/or Proxy Portfolio, and will be traded instruments with other markets proposed rule change (SR–NYSEArca– subject to procedures designed to and other entities that are members of 2020–51), as modified by Amendment prevent the use and dissemination of the ISG. In addition, the Exchange may No. 2, be, and it hereby is, approved. material non-public information obtain information regarding trading in regarding a Fund’s Actual Portfolio and/ For the Commission, by the Division of the Shares and underlying exchange- Trading and Markets, pursuant to delegated or Proxy Portfolio or changes thereto; traded instruments from markets and authority.23 and other entities with which the Exchange J. Matthew DeLesDernier, • Any person or entity, including any has in place a comprehensive Assistant Secretary. service provider for a Fund, who has surveillance sharing agreement. Any [FR Doc. 2020–17131 Filed 8–5–20; 8:45 am] access to non-public information foreign common stocks held by a Fund BILLING CODE 8011–01–P regarding a Fund’s Actual Portfolio or will be traded on an exchange that is a the Proxy Portfolio or changes thereto member of the ISG or with which the will be subject to procedures reasonably Exchange has in place a comprehensive SECURITIES AND EXCHANGE designed to prevent the use and surveillance sharing agreement. COMMISSION dissemination of material non-public (4) The Exchange has appropriate information regarding a Fund’s Actual rules to facilitate trading in the Shares [Release No. 34–89441; File No. SR–FINRA– 2020–023] Portfolio and/or the Proxy Portfolio or during all trading sessions. changes thereto, and if any such person (5) For initial and continued listing, Self-Regulatory Organizations; or entity is registered as a broker-dealer the Funds will be in compliance with 20 Financial Industry Regulatory or affiliated with a broker-dealer, such Rule 10A–3 under the Act. Authority, Inc.; Notice of Filing and (6) Each Fund’s holdings will conform person or entity has erected and will Immediate Effectiveness of a Proposed maintain a ‘‘fire wall’’ between the to the permissible investments as set Rule Change To Amend the FINRA person or entity and the broker-dealer forth in the Application and Exemptive Rule 6800 Series (Consolidated Audit with respect to access to information Order and the holdings will be Trail Compliance Rule) concerning the composition of and/or consistent with all requirements set changes to a Fund’s Actual Portfolio forth in the Application and Exemptive July 31, 2020. and/or Proxy Portfolio. Order. Each Fund’s investments, Pursuant to Section 19(b)(1) of the including derivatives, will be consistent Securities Exchange Act of 1934 Finally, trading in the Shares will be with its investment objective and will (‘‘Act’’),1 and Rule 19b–4 thereunder,2 subject to the existing trading not be used to enhance leverage notice is hereby given that on July 30, surveillances, administered by the (although certain derivatives and other 2020, Financial Industry Regulatory Exchange, as well as cross-market investments may result in leverage). Authority, Inc. (‘‘FINRA’’) filed with the surveillances administered by the (7) With respect to Active Proxy Securities and Exchange Commission Financial Industry Regulatory Authority Portfolio Shares, all of the Exchange 19 (‘‘SEC’’ or ‘‘Commission’’) the proposed (‘‘FINRA’’) on behalf of the Exchange, member obligations relating to product rule change as described in Items I and and the Exchange states that these description and prospectus delivery II below, which Items have been surveillance procedures are adequate to requirements will continue to apply in prepared by FINRA. The Commission is properly monitor Exchange trading of accordance with Exchange rules and publishing this notice to solicit the Shares in all trading sessions and to federal securities laws, and the deter and detect violations of Exchange Exchange and FINRA will continue to 21 The Commission notes that certain proposals rules and federal securities laws monitor Exchange members for for the listing and trading of exchange-traded applicable to trading on the Exchange. products include a representation that the exchange compliance with such requirements. will ‘‘surveil’’ for compliance with the continued The Exchange deems the Shares to be Pursuant to Commentary .01 to NYSE listing requirements. See, e.g., Securities Exchange equity securities, thus rendering trading Arca Rule 8.601–E, all statements and Act Release No. 77499 (April 1, 2016), 81 FR 20428, in the Shares subject to the Exchange’s representations made in the filing 20432 (April 7, 2016) (SR–BATS–2016–04). In the context of this representation, it is the existing rules governing the trading of regarding: (1) The description of the Commission’s view that ‘‘monitor’’ and ‘‘surveil’’ equity securities. portfolio; (2) limitations on portfolio both mean ongoing oversight of compliance with holdings; or (3) the applicability of the continued listing requirements. Therefore, the Commission does not view ‘‘monitor’’ as a more or 19 See NYSE Arca Rule 8.601–E, Commentary .03, Exchange listing rules specified in the less stringent obligation than ‘‘surveil’’ with respect which requires, as part of the surveillance filing constitute continued listing to the continued listing requirements. procedures for Active Proxy Portfolio Shares, a requirements for listing the Shares on 22 Fund’s investment adviser to, upon request by the 15 U.S.C. 78s(b)(2). Exchange or FINRA, on behalf of the Exchange, the Exchange. In addition, the issuer 23 17 CFR 200.30–3(a)(12). make available to the Exchange or FINRA the daily 1 15 U.S.C. 78s(b)(1). Actual Portfolio holdings of the Fund. 20 See 17 CFR 240.10A–3. 2 17 CFR 240.19b–4.

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comments on the proposed rule change and (4) to permit the use of entity (3) Relationship Identifiers from interested persons. identifiers as Firm Designated IDs in The FDID Amendment also permits certain circumstances (the ‘‘FDID I. Self-Regulatory Organization’s an Industry Member to provide a Amendment’’). As a result, FINRA Statement of the Terms of Substance of relationship identifier as the Firm proposes to amend the definition of the Proposed Rule Change Designated ID, rather than an identifier ‘‘Firm Designated ID’’ in Rule 6810 to that represents a trading account, in FINRA is proposing to amend the reflect the changes to the CAT NMS certain scenarios in which an Industry FINRA Rule 6800 Series, FINRA’s Plan regarding the requirements for Member does not have an account compliance rule (‘‘Compliance Rule’’) Firm Designated IDs. number available to its order handling regarding the National Market System Rule 6810(r) defines the term ‘‘Firm and/or execution system at the time of Plan Governing the Consolidated Audit Designated ID’’ to mean ‘‘a unique order receipt (e.g., certain institutional Trail (the ‘‘CAT NMS Plan’’ or ‘‘Plan’’) 3 identifier for each trading account accounts, managed accounts, accounts to be consistent with an amendment to designated by Industry Members for for individuals). In such scenarios, the the CAT NMS Plan recently approved purposes of providing data to the trading account structure may not be by the Commission. Central Repository, where each such The text of the proposed rule change identifier is unique among all identifiers available when a new order is first is available on FINRA’s website at from any given Industry Member for received from a client and, instead, only http://www.finra.org, at the principal each business date.’’ an identifier representing the client’s office of FINRA and at the trading relationship is available. In (1) Prohibit Use of Account Numbers Commission’s Public Reference Room. these limited instances, the Industry FINRA proposes to amend the Member may provide an identifier used II. Self-Regulatory Organization’s definition of ‘‘Firm Designated ID’’ in by the Industry Member to represent the Statement of the Purpose of, and Rule 6810(r) to provide that Industry client’s trading relationship with the Statutory Basis for, the Proposed Rule Members may not use account numbers Industry Member instead of an account Change as the Firm Designated ID for trading number. In its filing with the Commission, accounts that are not proprietary When a trading relationship is FINRA included statements concerning accounts. Specifically, FINRA proposes established at a broker-dealer for clients, the purpose of and basis for the to add the following to the definition of the broker-dealer typically creates a proposed rule change and discussed any a Firm Designated ID: ‘‘provided, parent account, under which additional comments it received on the proposed however, such identifier may not be the subaccounts are created. However, in rule change. The text of these statements account number for such trading some cases, the broker-dealer may be examined at the places specified account if the trading account is not a establishes the parent relationship for a in Item IV below. FINRA has prepared proprietary account.’’ client using a relationship identifier as opposed to an actual parent account. summaries, set forth in sections A, B, (2) Persistent Firm Designated ID and C below, of the most significant The relationship identifier could be any aspects of such statements. FINRA also proposes to amend the of a variety of identifiers, such as a short definition of ‘‘Firm Designated ID’’ in name for a relevant individual or A. Self-Regulatory Organization’s Rule 6810(r) to require a Firm institution. This relationship identifier Statement of the Purpose of, and Designated ID assigned by an Industry is established prior to any trading for Statutory Basis for, the Proposed Rule Member to a trading account to be the client. If a relationship identifier has Change persistent over time, not for each been established rather than a parent 5 1. Purpose business day. To effect this change, account, and an order is placed on FINRA proposes to amend the definition behalf of the client, any executed trades The purpose of this proposed rule of ‘‘Firm Designated ID’’ in Rule 6810(r) will be kept in a firm account (e.g., a change is to amend the Rule 6800 to add ‘‘and persistent’’ after ‘‘unique’’ facilitation or average price account) Series, the Compliance Rule regarding and delete ‘‘for each business date’’ so until they are allocated to the proper the CAT NMS Plan, to be consistent that the definition of ‘‘Firm Designated subaccount(s), i.e., the accounts with an amendment to the CAT NMS ID’’ would read, in relevant part, as associated with the parent relationship Plan recently approved by the follows: identifier connecting them to the client. Commission.4 The Commission A unique and persistent identifier for each Relationship identifiers are used in approved an amendment to the CAT trading account designated by Industry circumstances in which the account NMS Plan to amend the requirements Members for purposes of providing data to structure is not available to the trading for Firm Designated IDs in four ways: (1) the Central Repository . . . where each such system at the time of order placement. To prohibit the use of account numbers identifier is unique among all identifiers The clients have established accounts as Firm Designated IDs for trading from any given Industry Member. prior to the trade that satisfy relevant accounts that are not proprietary regulatory obligations for opening accounts; (2) to require that the Firm 5 If an Industry Member assigns a new account number or entity identifier to a client or customer accounts, such as Know Your Customer Designated ID for a trading account be due to a merger, acquisition or some other corporate and other customer obligations. persistent over time for each Industry action, then the Industry Member should create a However, the order receipt workflows Member so that a single account may be new Firm Designated ID to identify the new account operate using relationship identifiers, tracked across time within a single identifier/relationship identifier/entity identifier in use at the Industry Member for the entity. In not accounts. Industry Member; (3) to permit the use addition, if a previously assigned Firm Designated For Firm Designated ID purposes, as of relationship identifiers as Firm ID is no longer in use by an Industry Member (e.g., with an identifier for a trading account, Designated IDs in certain circumstances; if the trading account associated with the Firm Designated ID has been closed), then an Industry the relationship identifier must be Member may reuse the Firm Designated ID for persistent over time. The relationship 3 Unless otherwise specified, capitalized terms another trading account. The Plan Processor will identifier also must be unique among all used in this rule filing are defined as set forth in maintain a history of the use of each Firm identifiers from any given Industry the Compliance Rule. Designated ID, including, for example, the effective 4 See Securities Exchange Act Release No. 89397 dates of the Firm Designated ID with respect to each Member. With these requirements, a (July 24, 2020), 85 FR 45941 (July 30, 2020). associated trading account. single relationship could be tracked

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across time within a single Industry identifier represents the Industry FINRA has filed the proposed rule Member using the Firm Designated ID. Member rather than a client. As with change for immediate effectiveness and In addition, the relationship identifier relationship identifiers, entity has requested that the Commission must be masked as the relationship identifiers are used in circumstances in waive the requirement that the proposed identifier could be a name or otherwise which the account structure is not rule change not become operative for 30 provide an indication as to the identity available to the trading system at the days after the date of the filing, so the of the relationship. The masking time of order placement. In this proposed rule change can become requirement would avoid potentially workflow, the Industry Member’s order operative on the date of filing. revealing the identity of the handling and/or execution system does 2. Statutory Basis relationship. not have an account number at the time An example of the use of a of order origination. The relevant clients FINRA believes that the proposed rule relationship identifier as a Firm that will receive an allocation of the change is consistent with the provisions Designated ID would be as follows: execution have established accounts of Section 15A(b)(6) of the Act,6 which Suppose that Big Fund Manager is prior to the trade that satisfy relevant requires, among other things, that known in Industry Member A’s systems regulatory obligations for opening FINRA rules must be designed to as ‘‘BFM1.’’ When an order is placed by accounts, such as Know Your Customer prevent fraudulent and manipulative Big Fund Manager, the order is tagged and other customer obligations. acts and practices, to promote just and to BFM1. Industry Member A could use However, the order origination equitable principles of trade, and, in a masked version of BFM1 in place of workflows operate using entity general, to protect investors and the the Firm Designated ID representing a identifiers, not accounts. public interest, and Section 15A(b)(9) of 7 trading account when reporting a new For Firm Designated ID purposes, as the Act, which requires that FINRA order from Big Fund Manager instead of with the identifier for a trading account rules not impose any burden on competition that is not necessary or the account numbers to which executed or a relationship, the entity identifier appropriate. shares/contracts will be allocated at a must be persistent over time. The entity later time via a booking or other system. FINRA believes that the proposed rule identifier also must be unique among all change is consistent with the Act Similarly, another example of the use of identifiers from any given Industry a relationship identifier as a Firm because it is consistent with and Member. Each Industry Member must implements a recent amendment to the Designated ID would involve an make its own risk determination as to individual in place of the Big Fund CAT NMS Plan and is designed to assist whether it believes it is necessary to FINRA and its Industry Members in Manager in the above example. mask the entity identifier when using an In accordance with the FDID meeting regulatory obligations pursuant entity identifier to report the Firm Amendment, FINRA proposes to amend to the Plan. In approving the Plan, the Designated ID to CAT. the definition of a ‘‘Firm Designated ID’’ SEC noted that the Plan ‘‘is necessary in Rule 6810(r) to permit Industry An example of the use of an entity and appropriate in the public interest, Members to provide a relationship identifier as a Firm Designated ID would for the protection of investors and the identifier as the Firm Designated ID as be when Industry Member 1 has an maintenance of fair and orderly markets, described above. Specifically, FINRA employee that is a registered to remove impediments to, and perfect proposes to amend the definition of representative that has discretion over the mechanism of a national market ‘‘Firm Designated ID’’ in Rule 6810(r) to several client accounts held at Industry system, or is otherwise in furtherance of state that a Firm Designated ID means, Member 1. The registered representative the purposes of the Act.’’ 8 To the extent in relevant part, ‘‘a unique and places an order that he will later that this proposed rule change persistent relationship identifier when allocate to individual client accounts. implements the Plan and applies an Industry Member does not have an At the time the order is placed, the specific requirements to Industry account number available to its order trading system only knows it involves a Members, FINRA believes that the handling and/or execution system at the representative of Industry Member 1 proposed rule change furthers the time of order receipt, provided, and it does not have a specific trading objectives of the Plan, as identified by however, such identifier must be account that could be used for Firm the SEC, and is therefore consistent with masked.’’ Designated ID reporting. Therefore, the Act. Industry Member 1 could report IM1, its (4) Entity Identifiers entity identifier, as the FDID with the B. Self-Regulatory Organization’s Statement on Burden on Competition The FDID Amendment also permits new order. Industry Members to provide an entity In accordance with the FDID FINRA does not believe that the identifier, rather than an identifier that Amendment, FINRA proposes to amend proposed rule change will result in any represents a trading account, when an the definition of ‘‘Firm Designated ID’’ burden on competition that is not employee of the Industry Member is in Rule 6810(r) to permit the use of an necessary or appropriate in furtherance exercising discretion over multiple entity identifier as a Firm Designated ID of the purposes of the Act. FINRA notes client accounts and creates an as described above. Specifically, FINRA that the proposed rule change is aggregated order for which a trading proposes to amend the definition of consistent with a recent amendment to account number of the Industry Member ‘‘Firm Designated ID’’ in Rule 6810(r) to the CAT NMS Plan and is designed to is not available at the time of order state that a Firm Designated ID means, assist FINRA in meeting its regulatory origination. An entity identifier is an in relevant part, ‘‘a unique and obligations pursuant to the Plan. FINRA identifier of the Industry Member that persistent entity identifier when an also notes that the FDID Amendment represents the firm discretionary employee of an Industry Member is will apply equally to all Industry relationship with the client rather than exercising discretion over multiple Members that trade NMS Securities and a firm trading account. client accounts and creates an The scenarios in which a firm uses an aggregated order for which a trading 6 15 U.S.C. 78o–3(b)(6). 7 entity identifier are comparable to when account number of the Industry Member 15 U.S.C. 78o–3(b)(9). 8 See Securities Exchange Act Release No. 79318 a firm uses a relationship identifier (as is not available at the time of order (November 15, 2016), 81 FR 84696, 84697 described above) except the entity origination.’’ (November 23, 2016).

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OTC Equity Securities. FINRA with the protection of investors and the Commission and any person, other than anticipates no new costs to member public interest because it implements an those that may be withheld from the firms reporting to the CAT as a result of amendment to the CAT NMS Plan public in accordance with the this proposal, because any related costs approved by the Commission.15 provisions of 5 U.S.C. 552, will be have already been built in the technical Accordingly, the Commission hereby available for website viewing and specifications previously determined waives the 30-day operative delay and printing in the Commission’s Public and shared broadly in conformance with designates the proposal operative as of Reference Room, 100 F Street NE, the CAT NMS Plan, as amended. In July 31, 2020.16 Washington, DC 20549, on official addition, FINRA and all national At any time within 60 days of the business days between the hours of securities exchanges are proposing this filing of this proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the amendment to their Compliance Rules. Commission summarily may filing also will be available for Therefore, this is not a competitive rule temporarily suspend such rule change if inspection and copying at the principal filing and does not impose a burden on it appears to the Commission that such office of FINRA. All comments received competition. action is necessary or appropriate in the will be posted without change. Persons C. Self-Regulatory Organization’s public interest, for the protection of submitting comments are cautioned that Statement on Comments on the investors, or otherwise in furtherance of we do not redact or edit personal Proposed Rule Change Received From the purposes of the Act. If the identifying information from comment Members, Participants, or Others Commission takes such action, the submissions. You should submit only Commission will institute proceedings information that you wish to make Written comments were neither to determine whether the proposed rule available publicly. All submissions solicited nor received. change should be approved or should refer to File Number SR–FINRA– III. Date of Effectiveness of the disapproved. 2020–023, and should be submitted on Proposed Rule Change and Timing for IV. Solicitation of Comments or before August 27, 2020. Commission Action Interested persons are invited to For the Commission, by the Division of FINRA has filed the proposed rule submit written data, views, and Trading and Markets, pursuant to delegated 17 change pursuant to Section arguments concerning the foregoing, authority. 9 19(b)(3)(A)(iii) of the Act and Rule including whether the proposed rule J. Matthew DeLesDernier, 10 19b–4(f)(6) thereunder. Because the change is consistent with the Act. Assistant Secretary. proposed rule change does not: (i) Comments may be submitted by any of [FR Doc. 2020–17134 Filed 8–5–20; 8:45 am] Significantly affect the protection of the following methods: investors or the public interest; (ii) BILLING CODE 8011–01–P impose any significant burden on Electronic Comments • competition; and (iii) become operative Use the Commission’s internet SECURITIES AND EXCHANGE prior to 30 days from the date on which comment form (http://www.sec.gov/ COMMISSION it was filed, or such shorter time as the rules/sro.shtml); or Commission may designate, if • Send an email to rule-comments@ consistent with the protection of sec.gov. Please include File Number SR– [Release No. 34–89436; File No. SR–ICC– investors and the public interest, the FINRA–2020–023 on the subject line. 2020–008] proposed rule change has become effective pursuant to Section 19(b)(3)(A) Paper Comments Self-Regulatory Organizations; ICE of the Act 11 and Rule 19b–4(f)(6)(iii) • Send paper comments in triplicate Clear Credit LLC; Order Approving thereunder.12 to Secretary, Securities and Exchange Proposed Rule Change Relating to the A proposed rule change filed under Commission, 100 F Street NE, ICC Exercise Procedures and ICC Rule 19b–4(f)(6) 13 normally does not Washington, DC 20549–1090. Clearing Rules become operative prior to 30 days after All submissions should refer to File July 31, 2020. the date of the filing. However, pursuant Number SR–FINRA–2020–023. This file to Rule 19b–4(f)(6)(iii),14 the number should be included on the I. Introduction Commission may designate a shorter subject line if email is used. To help the On June 3, 2020, ICE Clear Credit LLC time if such action is consistent with the Commission process and review your (‘‘ICC’’) filed with the Securities and protection of investors and the public comments more efficiently, please use Exchange Commission (‘‘Commission’’), interest. FINRA has asked the only one method. The Commission will pursuant to Section 19(b)(1) of the Commission to waive the 30-day post all comments on the Commission’s Securities Exchange Act of 1934 (the operative delay so that the proposal may internet website (http://www.sec.gov/ ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 a become operative by July 31, 2020. The rules/sro.shtml). Copies of the proposed rule change to formalize and Commission believes that waiver of the submission, all subsequent adopt the ICC Exercise Procedures (the 30-day operative delay is consistent amendments, all written statements ‘‘Procedures’’) and a related update to with respect to the proposed rule 9 the ICC Clearing Rules (the ‘‘Rules’’) to 15 U.S.C. 78s(b)(3)(A)(iii). change that are filed with the 10 accompany the clearing of options on 17 CFR 240.19b–4(f)(6). Commission, and all written 11 index credit default swaps (‘‘Index 15 U.S.C. 78s(b)(3)(A). communications relating to the 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Swaptions’’).3 The proposed rule change proposed rule change between the 4(f)(6)(iii) requires FINRA to give the Commission was published for comment in the written notice of FINRA’s intent to file the proposed rule change, along with a brief description and text 15 See Securities Exchange Act Release No. 89397 of the proposed rule change, at least five business (July 24, 2020) (Federal Register publication 17 17 CFR 200.30–3(a)(12). days prior to the date of filing of the proposed rule pending). 1 15 U.S.C. 78s(b)(1). change, or such shorter time as designated by the 16 For purposes only of waiving the 30-day 2 17 CFR 240.19b–4. Commission. FINRA has satisfied this requirement. operative delay, the Commission has considered the 3 Capitalized terms used but not defined herein 13 17 CFR 240.19b–4(f)(6). proposed rule’s impact on efficiency, competition, have the meanings specified in the Procedures or 14 17 CFR 240.19b–4(f)(6)(iii). and capital formation. See 15 U.S.C. 78c(f). the Rules, as applicable.

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Federal Register on June 22, 2020.4 The A. The Procedures ii. How to Exercise Commission did not receive comments Next, the Procedures would specify regarding the proposed rule change. For The Procedures would supplement the provisions of Subchapter 26R of the the process for exercising an Index the reasons discussed below, the Swaption. To exercise an Index Rules 8 with respect to Index Swaptions Commission is approving the proposed Swaption, the Exercising Party would and provide further detail as to (i) rule change. deliver an exercise notice to ICC using which Swaption Buyers may exercise; an electronic system known as the II. Description of the Proposed Rule (ii) how an Index Swaption is exercised, Change Exercise System during the Exercise including detail as to the amount being Period that specifies the notional exercised, circumstances in which an The proposed rule change would amount being exercised (the ‘‘Exercised exercise is valid and irrevocable or formalize and adopt the Procedures and Notional Amount’’). Under the invalid and rejected, and limitations ICC make a related amendment to the Rules Procedures, the Exercise Period would may impose upon exercise; (iii) how ICC in connection with ICC’s proposed be the time period during which an would assign exercised positions to clearing of Index Swaptions. ICC has Exercising Party may deliver an exercise previously filed with the Commission Swaptions Sellers; and (iv) what steps notice to ICC, i.e., 9:00 a.m. to 11:00 changes to certain other policies and ICC would take in response to systems a.m. New York time for an Index procedures related to the clearing of failures that inhibit ICC from accepting Swaption referencing a CDX.NA index, Index Swaptions on June 28, 2019 5 and exercises and communications failures and 9:00 a.m. to 4:00 p.m. London time January 14, 2020.6 As described in those that inhibit a Swaption Buyer from for an Index Swaption referencing an filings, pursuant to an Index Swaption, exercising an Index Swaption. iTraxx Europe index. With respect to the amount that an one party (the ‘‘Swaption Buyer’’) has i. Who May Exercise the right (but not the obligation) to Exercising Party may exercise, the cause the other party (the ‘‘Swaption First, the Procedures would specify Procedures would provide that an open position may be exercised in whole or Seller’’) to enter into an index credit who is authorized to exercise an Index part. The Procedures would provide that default swap transaction at a pre- Swaption. Under the Procedures, a ICC may elect to require a partial determined strike price on a specified Swaption Buyer that is a Clearing exercise be in a specified notional expiration date on specified terms. As Participant owning an Index Swaption amount, which is designated as the also described in those filings, ICC in its house account would be permitted Exercise Block. If ICC requires a specific to exercise that Index Swaption, and a intends to adopt certain related policies notional amount as the Exercise Block, Swaption Buyer that is a non- and procedures in preparation for the an Exercising Party must make any participant client of a Clearing launch of clearing of Index Swaptions, partial exercise in that notional amount, including those set out in this proposed Participant owning an Index Swaption or in an integer multiple thereof. If ICC rule change, and would not commence carried in the Clearing Participant’s does not require any specific notional clearing of Index Swaptions until all Client Origin Account (i.e., the Clearing amount as the Exercise Block, the such policies and procedures have been Participant’s client account) would be Exercise Block would be 0.01 in the approved by the Commission or able to exercise that Index Swaption currency of denomination. If an otherwise become effective. As such, (each an ‘‘Exercising Party’’). The Exercising Party submits an exercise ICC filed the proposed rule change to Procedures would not permit a Clearing notice with an Exercised Notional formalize the Procedures and make the Participant to exercise on behalf of a Amount less than the notional amount related change to the Rules effective as non-participant client. Rather, the of the Index Swaption, the Procedures part of ICC’s larger effort to adopt the Procedures would permit only a non- would permit the Exercising Party to necessary policies and procedures to the participant client to exercise its Index submit during the Exercise Period a eventual launch of the clearing of Index Swaption. However, in the event of a subsequent exercise notice increasing Swaptions.7 default or termination event with the Exercised Notional Amount, but the respect to a non-participant for which it Procedures would not permit an 4 Self-Regulatory Organizations; ICE Clear Credit carries an Index Swaption, the Exercising Party to reduce the Exercised LLC; Notice of Filing of Proposed Rule Change, Procedures would permit a Clearing Notional Amount of an exercise notice. Security-Based Swap Submission, or Advance Notice Relating to the ICC Exercise Procedures and Participant to (i) exercise such Index The Procedures also would specify ICC Clearing Rules, Exchange Act Release No. Swaption on behalf of the non- the circumstances in which an exercise 89072 (June 16, 2020); 85 FR 37483 (June 22, 2020) participant party for the purpose of notice would be treated as irrevocable. (SR–ICC–2020–008) (‘‘Notice’’). Once an exercise notice is submitted to 5 liquidating or closing out such position, Self-Regulatory Organizations; ICE Clear Credit ICC during the Exercise Period, it would LLC; Notice of Filing of Partial Amendment No. 1 or (ii) convert such Index Swaption into and Order Granting Accelerated Approval of a position in the Clearing Participant’s be irrevocable and binding on the Proposed Rule Change, as Modified by Partial house account, which is consistent with Exercising Party. ICC will then consider Amendment No. 1, Relating to the ICC Rules, ICC existing ICC Rule 304. Finally, the whether to validate the Exercise Notice, End-of-Day Price Discovery Policies and as discussed further below, and if it is Procedures, and ICC Risk Management Framework, Procedures would require a Clearing Exchange Act Release No. 87297 (Oct. 15, 2019); 84 Participant to obtain the agreement of validated, it would then be accepted by FR 56270 (Oct. 21, 2019) (SR–ICC–2019–007) each non-participant party for which it ICC and become binding on ICC and the (‘‘2019 Swaption Rule Amendments’’). Exercising Party (and, in the case of a 6 Self-Regulatory Organizations; ICE Clear Credit carries an open position in Index Swaptions to the provisions of the Rules non-participant, its Clearing LLC; Order Approving Proposed Rule Change Participant). The Procedures would also Relating to the ICC Risk Management Model and the Procedures applicable to Index allow ICC to establish a pre-exercise Description, ICC Stress Testing Framework, ICC Swaptions. Liquidity Risk Management Framework, ICC Back- notification period during which an Testing Framework, and ICC Risk Parameter Setting Exercising Party may submit, modify, or 8 and Review Policy, Exchange Act Release No. ICC adopted Subchapter 26R of the Rules in a withdraw a preliminary exercise notice. 89142 (June 24, 2020); 85 FR 39226 (June 30, 2020) prior rule filing related to the clearing of Index (SR–ICC–2020–002). Swaptions. See 2019 Swaption Rule Amendments, If an Exercising Party submitted a 7 Notice, 85 FR at 37483. 84 FR at 56270. preliminary exercise notice but does not

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submit another exercise notice or notional amount of all open positions of actions that it deems appropriate to withdraw the preliminary exercise Swaption Sellers in a particular Index allow the Exercising Party to effectively notice, then the Procedures would treat Swaption. Once issued, the final submit exercise notices and to allow ICC the Exercising Party as having submitted assignments would constitute ICC’s to assign such exercise notices to other an exercise notice with the Exercised exercise as Swaption Buyer of the Index participants. Notional Amount specified under such Swaption held by a Swaption Seller, preliminary notice. and ICC would not be required to B. Rule Amendments If ICC rejects an exercise notice as not provide any further notice of such Finally, ICC also proposes to amend valid, it would inform the submitting exercise. ICC Rule 304 related to offsets to party, who may resubmit a corrected incorporate a reference to the iv. System and Communications exercise notice within the Exercise Procedures. Rule 304 describes ICC’s Failures Period. Under the Procedures, ICC ability to net a Clearing Participant’s would deem a Swaption Exercise Notice The Procedures also would describe trades that constitute opposite positions invalid if it has (i) an Exercised Notional in detail what steps ICC would take in in a single Contract that are identical in Amount of less than zero, (ii) an the event of technical issues disrupting all material respects. The proposed rule Exercised Notional Amount greater than the clearing of Index Swaptions and the change would not change the substance the notional amount of the Index processing of exercise notices. The of Rule 304, but it would amend Rule Swaption, or (iii) an Exercised Notional Procedures would first define an 304(a) to clarify that netting of Amount less than the notional amount Exercise System Failure as any failure of applicable offsetting positions in Index of the Index Swaption and not an the Exercise System to be fully Swaptions would be subject to any integer multiple of the Exercise Block. operational during the 45-minute period provisions in the Procedures. The Procedures would further provide prior to the end of the Exercise Period that ICC may impose limitations on the or any other circumstance in which ICC III. Discussion and Commission speed, frequency, and notional amounts determines that it is unable to process Findings in which an Index Option may be Swaption Exercise Notices in a timely Section 19(b)(2)(C) of the Act directs exercised at certain times during the manner. In case of an Exercise System the Commission to approve a proposed Exercise Period. Any attempted exercise Failure, the Procedures would require rule change of a self-regulatory in violation of these limitations would that ICC give notice and, at ICC’s organization if it finds that such be rejected. The Procedures would also election: (i) Cancel and reschedule the proposed rule change is consistent with state that ICC would not be responsible Exercise Period, (ii) determine that the requirements of the Act and the for any failure or inability of a automatic exercise will apply, and/or rules and regulations thereunder participant or non-participant party to (iii) take such other action as ICC applicable to such organization.10 For exercise any Index Swaption, instead determines appropriate to permit the reasons given below, the providing that each Exercising Party Exercising Parties to submit exercise Commission finds that the proposed would be responsible for monitoring notices and to permit ICC to assign such rule change is consistent with Section submission requirements, exercise notices. The Procedures would further 17A(b)(3)(F) of the Act 11 and Rules limitations, and pertinent deadlines. specify that if automatic exercise 17Ad–22(e)(1) and 17Ad–22(e)(17)(i) applies under the system failure 12 iii. Assignment of Exercised Positions and (ii). provisions, ICC would automatically The Procedures also would explain exercise any open positions determined A. Consistency With Section how ICC would assign exercised by ICC to be in the money.9 17A(b)(3)(F) of the Act positions of Index Swaptions. First, the Similarly, the Procedures would Section 17A(b)(3)(F) of the Act Procedures would set forth ICC’s specify the steps ICC would take in requires, among other things, that the process of netting all open positions in response to an Exercising Party’s rules of ICC be designed to promote the an expiring Index Swaption on the inability to submit notices to the prompt and accurate clearance and business day prior to the expiration date Exercise System. Where an Exercising settlement of securities transactions of an Index Swaption. Additionally, the Party is affected by a significant and, to the extent applicable, derivative Procedures would allow, but not communications or technological failure agreements, contracts, and transactions, obligate, ICC to estimate and provide the resulting in it being impossible or as well as to assure the safeguarding of notional amount that it would assign to impracticable for the Exercising Party to securities and funds which are in the each open position in an Index deliver all, or substantially all, of its custody or control of ICC or for which Swaption of a Swaption Seller during exercise notices electronically through it is responsible.13 the Exercise Period. These estimates the Exercise System (a ‘‘Party The Commission believes that the would be purely for informational Communication Failure’’), and there is Procedures generally should facilitate purposes and would not be binding on no Exercise System Failure, the the exercise of Index Swaptions and, ICC. Procedures would require that ICC take therefore, the clearance and settlement At the conclusion of the Exercise one of two steps. ICC could either (i) of index credit swaps that would result Period, ICC would determine the final follow the normal process outlined in from such exercise by enabling an assignments to open positions in Index the Procedures for accepting exercise electronic notice system for exercising Swaptions of Swaption Sellers and notices and assigning exercise notices to Index Swaptions. In particular, notify participants accordingly. The open positons described above specifying exactly who may submit Procedures would specify that ICC notwithstanding such Party exercise notices for Swaptions and would make assignments across all open Communication Failure or (ii) take requiring a Clearing Participant to positions of participants that are obtain the agreement of each customer Swaption Sellers in the relevant Index 9 The Procedures would explain that ICC would determine whether an open position is in the Swaptions. ICC would make final 10 money based on the average of the end-of-day price 15 U.S.C. 78s(b)(2)(C). assignments proportionally based on the of the underlying CDS Contract on the preceding 11 15 U.S.C. 78q–1(b)(3)(F). notional amount of each open position Business Day and the end-of-day price of the 12 17 CFR 240.17Ad–22(e)(1), (e)(17)(i) and (ii). of a Swaption Seller, relative to the total underlying CDS Contract on the Expiration Date. 13 15 U.S.C. 78q–1(b)(3)(F).

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for which it carries an Index Swaption Finally, the Commission believes that proposed rule change should help to to the Rules and the Procedures, as the Procedures should also assure the ensure that ICC’s Rules and the discussed in Part II.A.i above, should safeguarding of securities and funds in Procedures are consistent with each establish clear standards for ICC’s custody or control or for which it other and should help to foreclose any determining which Swaption Buyers is responsible. Specifically, the opportunity for conflicting may exercise Index Swaptions, thereby Commission believes that identifying interpretations. Finally, the Commission helping to reduce any possible certain exercise notices as invalid that believes the Procedures should clarify confusion in the exercise process. have obvious errors (e.g., an Exercise potential legal liability by specifying Similarly, providing a process for how Notional Amount of less than zero), as that ICC would not be responsible for an Index Swaption is exercised, as described in Part II.A.ii above, should any failure of a party to exercise a discussed in Part II.A.ii above, help to protect Exercising Parties from Swaption and that Exercising Parties including preliminary exercise notices, losses resulting from erroneous exercise would be responsible for tracking partial exercises, and specifying when notices. Similarly, cancelling and deadlines and ensuring that they an exercise is valid and binding, should rescheduling the Exercise Period or comply with all requirements in the establish a clear and reliable process for automatically assigning Open Positions submission of exercise notices. exercising Index Swaptions and for that are in the money during an Exercise For these reasons, the Commission determining the validity and finality of System Failure should help to protect finds that the proposed rule change is an exercise. the positions of Exercising Parties that consistent with Rule 17Ad–22(e)(1).16 Moreover, identifying how ICC would are in the money and allow those Exercising Parties to benefit from such C. Consistency With Rules 17Ad– assign exercised positions to Swaption 22(e)(17)(i) and (ii) Sellers, as discussed in Part II.A.iii positions. By allowing Exercising above, including providing a formal and Parties to avoid losses and to benefit Rules 17Ad–22(e)(17)(i) and (ii) clear method for determining the final from in the money positions in the require that ICC establish, implement, assignment of open positions to event of an Exercise System Failure, the maintain and enforce written policies Swaption Sellers and requiring that ICC Commission believes the Procedures and procedures reasonably designed to determine all final assignments of open should help safeguard Index Swaptions manage its operational risks by (i) positions in the accounts of Swaption cleared and exercised at ICC and, identifying the plausible sources of Sellers proportionally, should provide a therefore, should assure the operational risk, both internal and transparent and predictable process for safeguarding of securities or funds in external, and mitigating their impact assignment thereby allowing Swaption ICC’s custody or control or for which it through the use of appropriate systems, Buyers and Swaption Sellers to is responsible. policies, procedures, and controls, and Therefore, the Commission finds that anticipate and prepare for assignments. (ii) ensuring that systems have a high the proposed rule change should Finally, explaining the steps that ICC degree of security, resiliency, promote the prompt and accurate would take in the event of an Exercise operational reliability, and adequate, clearance and settlement of securities 17 System Failure and Party scalable capacity. The Commission transactions and assure the safeguarding Communication Failure, as discussed in believes that by identifying certain of securities and funds in ICC’s custody Part II.A.iv above, should provide a exercise notices as invalid that have and control or for which it is backup process that would allow ICC obvious errors, as described above, the responsible, consistent with the Section and Clearing Participants to continue Procedures should provide appropriate 17A(b)(3)(F) of the Act.14 exercising Index Swaptions in case of controls to mitigate the operational risk such failures, thereby further increasing B. Consistency With Rule 17Ad–22(e)(1) associated with erroneous exercise the adaptability and reliability of the notices. Similarly, the Commission Rule 17Ad–22(e)(1) requires that ICC believes that by identifying the actions exercise process. establish, implement, maintain and Thus, the Commission believes that that ICC would take during an Exercise enforce written policies and procedures System Failure or Party Communication these aspects of the proposed rule reasonably designed to provide for a change, by establishing a clear, Failure, such as instituting automatic well-founded, clear, transparent, and assignments and allowing ICC to permit transparent, predictable, and reliable enforceable legal basis for each aspect of process for exercising Index Swaptions an Exercising Party to submit exercise its activities in all relevant notices during a Party Communication through the Procedures, should jurisdictions.15 As discussed above, the facilitate the exercise of Index Failure, the proposed rule change Commission believes that the should allow the exercise and Swaptions and, in turn, the clearance Procedures should provide clear and settlement of index credit default assignment of Index Swaptions to guidance for ICC’s clearance of Index continue even during such failures, and swaps that would result from such Swaption by ensuring the accuracy of exercise. thereby should help to ensure that the the exercise process, harmonizing the Exercise System has a high degree of For similar reasons, the Commission Procedures with existing ICC rules, and resiliency and operational reliability. believes that amending Rule 304 related creating clear and transparent rules for For these reasons, the Commission to offsets to incorporate a reference to determining legal liability. Similarly, in finds that the proposed rule change is the Procedures, as discussed in Part II.B determining certain exercise notices to consistent with Rule 17Ad–22(e)(17)(i) above, should reduce any possible be invalid that have obvious errors, as and (ii).18 confusion in applying Rule 304 to Index described above, the Commission Swaptions by clarifying that netting of believes the Procedures should provide D. Conclusion applicable offsetting positions in Index for a clear basis for the rejection of On the basis of the foregoing, the Swaptions would be subject to any exercise notices. Additionally, in adding Commission finds that the proposed provisions in the Procedures, thereby a reference to the Procedures to Rule rule change is consistent with the further facilitating the exercise of Index 304, the Commission believes the Swaptions and, therefore, the clearance 16 17 CFR 240.17Ad–22(e)(1). and settlement of index credit default 14 15 U.S.C. 78q–1(b)(3)(F). 17 15 U.S.C. 17Ad–22(e)(17)(i) and (ii). swaps. 15 17 CFR 240.17Ad–22(e)(1) 18 15 U.S.C. 17Ad–22(e)(17)(i) and (ii).

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requirements of the Act, and in to be consistent with an amendment to from any given Industry Member for particular, with the requirements of the CAT NMS Plan recently approved each business date.’’ Section 17A(b)(3)(F) of the Act 19 and by the Commission. The text of the (1) Prohibit Use of Account Numbers Rules 17Ad–22(e)(1) and 17Ad– proposed rule change is provided in 22(e)(17)(i) and (ii).20 Exhibit 5. The Exchange proposes to amend the It is therefore ordered pursuant to definition of ‘‘Firm Designated ID’’ in Section 19(b)(2) of the Act 21 that the II. Self-Regulatory Organization’s Rule 4.5(r) to provide that Industry proposed rule change (SR–ICC–2020– Statement of the Purpose of, and Members may not use account numbers 008) be, and hereby is, approved.22 Statutory Basis for, the Proposed Rule as the Firm Designated ID for trading Change For the Commission, by the Division of accounts that are not proprietary Trading and Markets, pursuant to delegated In its filing with the Commission, the accounts. Specifically, the Exchange authority.23 Exchange included statements proposes to add the following to the J. Matthew DeLesDernier, concerning the purpose of and basis for definition of a Firm Designated ID: Assistant Secretary. the proposed rule change and discussed ‘‘provided, however, such identifier [FR Doc. 2020–17129 Filed 8–5–20; 8:45 am] any comments it received on the may not be the account number for such BILLING CODE 8011–01–P proposed rule change. The text of these trading account if the trading account is statements may be examined at the not a proprietary account.’’ places specified in Item IV below. The (2) Persistent Firm Designated ID SECURITIES AND EXCHANGE Exchange has prepared summaries, set COMMISSION forth in sections A, B, and C below, of The Exchange also proposes to amend the most significant aspects of such the definition of ‘‘Firm Designated ID’’ [Release No. 34–89447; File No. SR–MEMX– in Rule 4.5(r) to require a Firm 2020–02] statements. Designated ID assigned by an Industry A. Self-Regulatory Organization’s Member to a trading account to be Self-Regulatory Organizations; MEMX Statement of the Purpose of, and LLC; Notice of Filing and Immediate persistent over time, not for each Statutory Basis for, the Proposed Rule business day.5 To effect this change, the Effectiveness of a Proposed Rule Change Change To Amend the Exchange’s Exchange proposes to amend the Rule 4.5 Regarding the National Market 1. Purpose definition of ‘‘Firm Designated ID’’ in Rule 4.5(r) to add ‘‘and persistent’’ after System Plan Governing the The purpose of this proposed rule ‘‘unique’’ and delete ‘‘for each business Consolidated Audit Trail change is to amend Rule 4.5, a part of date’’ so that the definition of ‘‘Firm the Compliance Rule regarding the CAT July 31, 2020. Designated ID’’ would read, in relevant NMS Plan, to be consistent with an Pursuant to Section 19(b)(1) of the part, as follows: Securities Exchange Act of 1934 amendment to the CAT NMS Plan 4 1 2 recently approved by the Commission. a unique and persistent identifier for each (‘‘Act’’), and Rule 19b–4 thereunder, trading account designated by Industry notice is hereby given that on July 31, The Commission approved an amendment to the CAT NMS Plan to Members for purposes of providing data to 2020, MEMX LLC (‘‘MEMX’’ or the the Central Repository . . . where each such ‘‘Exchange’’) filed with the Securities amend the requirements for Firm identifier is unique among all identifiers and Exchange Commission Designated IDs in four ways: (1) To from any given Industry Member. (‘‘Commission’’) the proposed rule prohibit the use of account numbers as (3) Relationship Identifiers change as described in Items I and II Firm Designated IDs for trading below, which Items have been prepared accounts that are not proprietary The FDID Amendment also permits by the Exchange. The Commission is accounts; (2) to require that the Firm an Industry Member to provide a publishing this notice to solicit Designated ID for a trading account be relationship identifier as the Firm comments on the proposed rule change persistent over time for each Industry Designated ID, rather than an identifier from interested persons. Member so that a single account may be that represents a trading account, in tracked across time within a single certain scenarios in which an Industry I. Self-Regulatory Organization’s Industry Member; (3) to permit the use Member does not have an account Statement of the Terms of Substance of of relationship identifiers as Firm number available to its order handling the Proposed Rule Change Designated IDs in certain circumstances; and/or execution system at the time of The Exchange is filing with the and (4) to permit the use of entity order receipt (e.g., certain institutional Commission a proposed rule change to identifiers as Firm Designated IDs in accounts, managed accounts, accounts amend Rule 4.5, a part of the Exchange’s certain circumstances (the ‘‘FDID for individuals). In such scenarios, the compliance rule (‘‘Compliance Rule’’) Amendment’’). As a result, the trading account structure may not be regarding the National Market System Exchange proposes to amend the Plan Governing the Consolidated Audit definition of ‘‘Firm Designated ID’’ in 5 If an Industry Member assigns a new account Trail (the ‘‘CAT NMS Plan’’ or ‘‘Plan’’) 3 Rule 4.5 to reflect the changes to the number or entity identifier to a client or customer CAT NMS Plan regarding the due to a merger, acquisition or some other corporate 19 15 U.S.C. 78q–1(b)(3)(F). action, then the Industry Member should create a requirements for Firm Designated IDs. new Firm Designated ID to identify the new account 20 17 CFR 240.17Ad–22(e)(1), (e)(17)(i) and (ii). Rule 4.5(r) defines the term ‘‘Firm identifier/relationship identifier/entity identifier in 21 15 U.S.C. 78s(b)(2). Designated ID’’ to mean ‘‘a unique use at the Industry Member for the entity. In 22 In approving the proposed rule change, the identifier for each trading account addition, if a previously assigned Firm Designated Commission considered the proposal’s impact on ID is no longer in use by an Industry Member (e.g., efficiency, competition, and capital formation. 15 designated by Industry Members for if the trading account associated with the Firm U.S.C. 78c(f). purposes of providing data to the Designated ID has been closed), then an Industry 23 17 CFR 200.30–3(a)(12). Central Repository, where each such Member may reuse the Firm Designated ID for 1 15 U.S.C. 78s(b)(1). identifier is unique among all identifiers another trading account. The Plan Processor will 2 17 CFR 240.19b–4. maintain a history of the use of each Firm 3 Unless otherwise specified, capitalized terms Designated ID, including, for example, the effective used in this rule filing are defined as set forth in 4 Securities Exchange Act Release No. 89397 (July dates of the Firm Designated ID with respect to each the Compliance Rule. 24, 2020) (Federal Register pending). associated trading account.

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available when a new order is first as ‘‘BFM1.’’ When an order is placed by accounts, such as Know Your Customer received from a client and, instead, only Big Fund Manager, the order is tagged and other customer obligations. an identifier representing the client’s to BFM1. Industry Member A could use However, the order origination trading relationship is available. In a masked version of BFM1 in place of workflows operate using entity these limited instances, the Industry the Firm Designated ID representing a identifiers, not accounts. Member may provide an identifier used trading account when reporting a new For Firm Designated ID purposes, as by the Industry Member to represent the order from Big Fund Manager instead of with the identifier for a trading account client’s trading relationship with the the account numbers to which executed or a relationship, the entity identifier Industry Member instead of an account shares/contracts will be allocated at a must be persistent over time. The entity number. later time via a booking or other system. identifier also must be unique among all When a trading relationship is Similarly, another example of the use of identifiers from any given Industry established at a broker-dealer for clients, a relationship identifier as a Firm Member. Each Industry Member must the broker-dealer typically creates a Designated ID would involve an make its own risk determination as to parent account, under which additional individual in place of the Big Fund whether it believes it is necessary to subaccounts are created. However, in Manager in the above example. mask the entity identifier when using an some cases, the broker-dealer In accordance with the FDID entity identifier to report the Firm establishes the parent relationship for a Amendment, the Exchange proposes to Designated ID to CAT. client using a relationship identifier as amend the definition of a ‘‘Firm An example of the use of an entity opposed to an actual parent account. Designated ID’’ in Rule 4.5(r) to permit identifier as a Firm Designated ID would The relationship identifier could be any Industry Members to provide a be when Industry Member 1 has an of a variety of identifiers, such as a short relationship identifier as the Firm employee that is a registered name for a relevant individual or Designated ID as described above. representative that has discretion over institution. This relationship identifier Specifically, the Exchange proposes to several client accounts held at Industry is established prior to any trading for amend the definition of ‘‘Firm Member 1. The registered representative the client. If a relationship identifier has Designated ID’’ in Rule 4.5(r) to state places an order that he will later been established rather than a parent that a Firm Designated ID means, in allocate to individual client accounts. account, and an order is placed on relevant part, ‘‘a unique and persistent At the time the order is placed, the behalf of the client, any executed trades relationship identifier when an Industry trading system only knows it involves a will be kept in a firm account (e.g., a Member does not have an account representative of Industry Member 1 facilitation or average price account) number available to its order handling and it does not have a specific trading until they are allocated to the proper and/or execution system at the time of account that could be used for Firm subaccount(s), i.e., the accounts order receipt, provided, however, such Designated ID reporting. Therefore, associated with the parent relationship identifier must be masked.’’ Industry Member 1 could report IM1, its identifier connecting them to the client. entity identifier, as the FDID with the (4) Entity Identifiers Relationship identifiers are used in new order. circumstances in which the account The FDID Amendment also permits In accordance with the FDID structure is not available to the trading Industry Members to provide an entity Amendment, the Exchange proposes to system at the time of order placement. identifier, rather than an identifier that amend the definition of ‘‘Firm The clients have established accounts represents a trading account, when an Designated ID’’ in Rule 4.5(r) to permit prior to the trade that satisfy relevant employee of the Industry Member is the use of an entity identifier as a Firm regulatory obligations for opening exercising discretion over multiple Designated ID as described above. accounts, such as Know Your Customer client accounts and creates an Specifically, the Exchange proposes to and other customer obligations. aggregated order for which a trading amend the definition of a ‘‘Firm However, the order receipt workflows account number of the Industry Member Designated ID’’ in Rule 4.5(r) to state operate using relationship identifiers, is not available at the time of order that a Firm Designated ID means, in not accounts. origination. An entity identifier is an relevant part, ‘‘a unique and persistent For Firm Designated ID purposes, as identifier of the Industry Member that entity identifier when an employee of with an identifier for a trading account, represents the firm discretionary an Industry Member is exercising the relationship identifier must be relationship with the client rather than discretion over multiple client accounts persistent over time. The relationship a firm trading account. and creates an aggregated order for identifier also must be unique among all The scenarios in which a firm uses an which a trading account number of the identifiers from any given Industry entity identifier are comparable to when Industry Member is not available at the Member. With these requirements, a a firm uses a relationship identifier (as time of order origination.’’ single relationship could be tracked described above) except the entity across time within a single Industry identifier represents the Industry 2. Statutory Basis Member using the Firm Designated ID. Member rather than a client. As with The Exchange believes that the In addition, the relationship identifier relationship identifiers, entity proposed rule change is consistent with must be masked as the relationship identifiers are used in circumstances in the provisions of Section 6(b)(5) of the identifier could be a name or otherwise which the account structure is not Act,6 which require, among other provide an indication as to the identity available to the trading system at the things, that the Exchange’s rules must of the relationship. The masking time of order placement. In this be designed to prevent fraudulent and requirement would avoid potentially workflow, the Industry Member’s order manipulative acts and practices, to revealing the identity of the handling and/execution system does not promote just and equitable principles of relationship. have an account number at the time of trade, and, in general, to protect An example of the use of a order origination. The relevant clients investors and the public interest, and relationship identifier as a Firm that will receive an allocation of the Section 6(b)(8) of the Act 7, which Designated ID would be as follows: execution have established accounts Suppose that Big Fund Manager is prior to the trade that satisfy relevant 6 15 U.S.C. 78f(b)(6). known in Industry Member A’s systems regulatory obligations for opening 7 15 U.S.C. 78f(b)(8)

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requires that the Exchange’s rules not 19(b)(3)(A)(iii) of the Act 9 and Rule change should be approved or impose any burden on competition that 19b–4(f)(6) thereunder.10 Because the disapproved. is not necessary or appropriate. proposed rule change does not: (i) The Exchange believes that this Significantly affect the protection of IV. Solicitation of Comments proposal is consistent with the Act investors or the public interest; (ii) Interested persons are invited to because it is consistent with, and impose any significant burden on submit written data, views, and implements, a recent amendment to the competition; and (iii) become operative arguments concerning the foregoing, CAT NMS Plan, and is designed to prior to 30 days from the date on which including whether the proposed rule assist the Exchange and its Industry it was filed, or such shorter time as the change is consistent with the Act. Members in meeting regulatory Commission may designate, if Comments may be submitted by any of consistent with the protection of obligations pursuant to the Plan. In the following methods: approving the Plan, the SEC noted that investors and the public interest, the the Plan ‘‘is necessary and appropriate proposed rule change has become Electronic Comments effective pursuant to Section 19(b)(3)(A) in the public interest, for the protection • of investors and the maintenance of fair of the Act 11 and Rule 19b–4(f)(6)(iii) Use the Commission’s internet and orderly markets, to remove thereunder.12 comment form (http://www.sec.gov/ impediments to, and perfect the A proposed rule change filed under rules/sro.shtml); or mechanism of a national market system, Rule 19b–4(f)(6) 13 normally does not • Send an email to rule-comments@ or is otherwise in furtherance of the become operative prior to 30 days after sec.gov. Please include File Number SR– purposes of the Act.’’ 8 To the extent the date of the filing. However, pursuant MEMX–2020–02 on the subject line. that this proposal implements the Plan, to Rule 19b–4(f)(6)(iii),14 the and applies specific requirements to Commission may designate a shorter Paper Comments Industry Members, the Exchange time if such action is consistent with the • protection of investors and the public Send paper comments in triplicate believes that this proposal furthers the to Secretary, Securities and Exchange objectives of the Plan, as identified by interest. The Exchange has asked the Commission to waive the 30-day Commission, 100 F Street NE, the SEC, and is therefore consistent with Washington, DC 20549–1090. the Act. operative delay so that the proposal may become operative by July 31, 2020. The All submissions should refer to File B. Self-Regulatory Organization’s Commission believes that waiver of the Number SR–MEMX–2020–02. This file Statement on Burden on Competition 30-day operative delay is consistent number should be included on the The Exchange does not believe that with the protection of investors and the subject line if email is used. To help the the proposed rule change will result in public interest because it implements an Commission process and review your any burden on competition that is not amendment to the CAT NMS Plan comments more efficiently, please use 15 necessary or appropriate in furtherance approved by the Commission. only one method. The Commission will of the purposes of the Act. The Accordingly, the Commission hereby post all comments on the Commission’s Exchange notes that the proposed rule waives the 30-day operative delay and internet website (http://www.sec.gov/ changes are consistent with a recent designates the proposal operative as of rules/sro.shtml). Copies of the 16 amendment to the CAT NMS Plan, and July 31, 2020. submission, all subsequent are designed to assist the Exchange in At any time within 60 days of the amendments, all written statements meeting its regulatory obligations filing of this proposed rule change, the with respect to the proposed rule pursuant to the Plan. The Exchange also Commission summarily may change that are filed with the notes that the FDID Amendment will temporarily suspend such rule change if Commission, and all written apply equally to all Industry Members it appears to the Commission that such communications relating to the that trade NMS Securities and OTC action is necessary or appropriate in the proposed rule change between the Equity Securities. In addition, all public interest, for the protection of Commission and any person, other than national securities exchanges and investors, or otherwise in furtherance of those that may be withheld from the FINRA are proposing this amendment to the purposes of the Act. If the public in accordance with the their Compliance Rules. Therefore, this Commission takes such action, the provisions of 5 U.S.C. 552, will be is not a competitive rule filing, and, Commission will institute proceedings available for website viewing and therefore, it does not impose a burden to determine whether the proposed rule printing in the Commission’s Public on competition. Reference Room, 100 F Street NE, 9 15 U.S.C. 78s(b)(3)(A)(iii). Washington, DC 20549, on official C. Self-Regulatory Organization’s 10 17 CFR 240.19b–4(f)(6). Statement on Comments on the 11 15 U.S.C. 78s(b)(3)(A). business days between the hours of Proposed Rule Change Received From 12 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 10:00 a.m. and 3:00 p.m. Copies of the Members, Participants, or Others 4(f)(6)(iii) requires the Exchange to give the filing also will be available for Commission written notice of the Exchange’s intent inspection and copying at the principal The Exchange neither solicited nor to file the proposed rule change, along with a brief description and text of the proposed rule change, office of the Exchange. All comments received comments on the proposed at least five business days prior to the date of filing received will be posted without change. rule change. of the proposed rule change, or such shorter time Persons submitting comments are as designated by the Commission. The Exchange III. Date of Effectiveness of the cautioned that we do not redact or edit has satisfied this requirement. personal identifying information from Proposed Rule Change and Timing for 13 17 CFR 240.19b–4(f)(6). Commission Action 14 17 CFR 240.19b–4(f)(6)(iii). comment submissions. You should 15 See Securities Exchange Act Release No. 89397 submit only information that you wish The Exchange has filed the proposed (July 24, 2020) (Federal Register publication to make available publicly. All rule change pursuant to Section pending). submissions should refer to File 16 For purposes only of waiving the 30-day Number SR–MEMX–2020–02, and 8 See Securities Exchange Act Release No. 79318 operative delay, the Commission has considered the (November 15, 2016), 81 FR 84696, 84697 proposed rule’s impact on efficiency, competition, should be submitted on or before (November 23, 2016). and capital formation. See 15 U.S.C. 78c(f). August 27, 2020.

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For the Commission, by the Division of II. Self-Regulatory Organization’s Rule 11.610(r) to provide that Industry Trading and Markets, pursuant to delegated Statement on the Purpose of, and Members may not use account numbers authority.17 Statutory Basis for, the Proposed Rule as the Firm Designated ID for trading J. Matthew DeLesDernier, Change accounts that are not proprietary Assistant Secretary. In its filing with the Commission, the accounts. Specifically, the Exchange [FR Doc. 2020–17136 Filed 8–5–20; 8:45 am] self-regulatory organization included proposes to add the following to the definition of a Firm Designated ID: BILLING CODE 8011–01–P statements concerning the purpose of and basis for the proposed rule change ‘‘provided, however, such identifier and discussed any comments it received may not be the account number for such SECURITIES AND EXCHANGE on the proposed rule change. The text trading account if the trading account is COMMISSION of these statements may be examined at not a proprietary account.’’ the places specified in Item IV below. (2) Persistent Firm Designated ID The self-regulatory organization has [Release No. 34–89440; File No. SR–LTSE– The Exchange also proposes to amend prepared summaries, set forth in 2020–12] the definition of ‘‘Firm Designated ID’’ Sections A, B, and C below, of the most in Rule 11.610(r) to require a Firm significant aspects of such statements. Self-Regulatory Organizations; Long- Designated ID assigned by an Industry Term Stock Exchange, Inc.; Notice of A. Self-Regulatory Organization’s Member to a trading account to be Filing and Immediate Effectiveness of Statement on the Purpose of, and persistent over time, not for each Proposed Rule Change To Amend the Statutory Basis for, the Proposed Rule business day.5 To effect this change, the Exchange’s Compliance Rule Change Exchange proposes to amend the Regarding the CAT NMS Plan definition of ‘‘Firm Designated ID’’ in 1. Purpose Rule 11.610(r) to add ‘‘and persistent’’ July 31, 2020. The purpose of this proposed rule after ‘‘unique’’ and delete ‘‘for each Pursuant to Section 19(b)(1) of the change is to amend the Rule 11.600 business date’’ so that the definition of Securities Exchange Act of 1934 Series, the Compliance Rule regarding ‘‘Firm Designated ID’’ would read, in (‘‘Act’’),1 and Rule 19b–4 thereunder,2 the CAT NMS Plan, to be consistent relevant part, as follows: with an amendment to the CAT NMS notice is hereby given that on July 30, a unique and persistent identifier for each 2020, Long-Term Stock Exchange, Inc. Plan recently approved by the trading account designated by Industry 4 (‘‘LTSE’’ or the ‘‘Exchange’’) filed with Commission. The Commission Members for purposes of providing data to the Securities and Exchange approved an amendment to the CAT the Central Repository . . . where each such NMS Plan to amend the requirements Commission (‘‘Commission’’) the identifier is unique among all identifiers for Firm Designated IDs in four ways: (1) from any given Industry Member. proposed rule change as described in To prohibit the use of account numbers Items I and II below, which Items have (3) Relationship Identifiers as Firm Designated IDs for trading been prepared by the self-regulatory accounts that are not proprietary The FDID Amendment also permits organization. The Commission is accounts; (2) to require that the Firm an Industry Member to provide a publishing this notice to solicit Designated ID for a trading account be relationship identifier as the Firm comments on the proposed rule change persistent over time for each Industry Designated ID, rather than an identifier from interested persons. Member so that a single account may be that represents a trading account, in certain scenarios in which an Industry I. Self-Regulatory Organization’s tracked across time within a single Industry Member; (3) to permit the use Member does not have an account Statement of the Terms of Substance of number available to its order handling the Proposed Rule Change of relationship identifiers as Firm Designated IDs in certain circumstances; and/or execution system at the time of LTSE proposes a rule change to and (4) to permit the use of entity order receipt (e.g., certain institutional amend the Rule 11.600 Series, the identifiers as Firm Designated IDs in accounts, managed accounts, accounts Exchange’s compliance rule certain circumstances (the ‘‘FDID for individuals). In such scenarios, the trading account structure may not be (‘‘Compliance Rule’’) regarding the Amendment’’). As a result, the available when a new order is first National Market System Plan Governing Exchange proposes to amend the received from a client and, instead, only the Consolidated Audit Trail (the ‘‘CAT definition of ‘‘Firm Designated ID’’ in an identifier representing the client’s NMS Plan’’ or ‘‘Plan’’) 3 to be consistent Rule 11.610 to reflect the changes to the CAT NMS Plan regarding the trading relationship is available. In with an amendment to the CAT NMS these limited instances, the Industry Plan recently approved by the requirements for Firm Designated IDs. Rule 11.610(r) defines the term ‘‘Firm Member may provide an identifier used Commission. Designated ID’’ to mean ‘‘a unique The text of the proposed rule change identifier for each trading account 5 If an Industry Member assigns a new account is available at the Exchange’s website at number or entity identifier to a client or customer designated by Industry Members for due to a merger, acquisition or some other corporate https://longtermstockexchange.com/, at purposes of providing data to the action, then the Industry Member should create a the principal office of the Exchange, and Central Repository, where each such new Firm Designated ID to identify the new account at the Commission’s Public Reference identifier is unique among all identifiers identifier/relationship identifier/entity identifier in use at the Industry Member for the entity. In Room. from any given Industry Member for addition, if a previously assigned Firm Designated each business date.’’ ID is no longer in use by an Industry Member (e.g., if the trading account associated with the Firm 17 17 CFR 200.30–3(a)(12). (1) Prohibit Use of Account Numbers Designated ID has been closed), then an Industry 1 15 U.S.C. 78s(b)(1). The Exchange proposes to amend the Member may reuse the Firm Designated ID for 2 another trading account. The Plan Processor will 17 CFR 240.19b–4. definition of ‘‘Firm Designated ID’’ in maintain a history of the use of each Firm 3 Unless otherwise specified, capitalized terms Designated ID, including, for example, the effective used in this rule filing are defined as set forth in 4 Securities Exchange Act Release No. 89397 (July dates of the Firm Designated ID with respect to each the Compliance Rule. 24, 2020) (Federal Register pending). associated trading account.

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by the Industry Member to represent the order from Big Fund Manager instead of For Firm Designated ID purposes, as client’s trading relationship with the the account numbers to which executed with the identifier for a trading account Industry Member instead of an account shares/contracts will be allocated at a or a relationship, the entity identifier number. later time via a booking or other system. must be persistent over time. The entity When a trading relationship is Similarly, another example of the use of identifier also must be unique among all established at a broker-dealer for clients, a relationship identifier as a Firm identifiers from any given Industry the broker-dealer typically creates a Designated ID would involve an Member. Each Industry Member must parent account, under which additional individual in place of the Big Fund make its own risk determination as to subaccounts are created. However, in Manager in the above example. whether it believes it is necessary to some cases, the broker-dealer In accordance with the FDID mask the entity identifier when using an establishes the parent relationship for a Amendment, the Exchange proposes to entity identifier to report the Firm client using a relationship identifier as amend the definition of a ‘‘Firm Designated ID to CAT. opposed to an actual parent account. Designated ID’’ in Rule 11.610(r) to An example of the use of an entity The relationship identifier could be any permit Industry Members to provide a identifier as a Firm Designated ID would of a variety of identifiers, such as a short relationship identifier as the Firm be when Industry Member 1 has an name for a relevant individual or Designated ID as described above. employee that is a registered institution. This relationship identifier Specifically, the Exchange proposes to representative that has discretion over is established prior to any trading for amend the definition of ‘‘Firm several client accounts held at Industry the client. If a relationship identifier has Designated ID’’ in Rule 11.610(r) to state Member 1. The registered representative been established rather than a parent that a Firm Designated ID means, in places an order that he will later account, and an order is placed on relevant part, ‘‘a unique and persistent allocate to individual client accounts. behalf of the client, any executed trades relationship identifier when an Industry At the time the order is placed, the will be kept in a firm account (e.g., a Member does not have an account trading system only knows it involves a facilitation or average price account) number available to its order handling representative of Industry Member 1 until they are allocated to the proper and/or execution system at the time of and it does not have a specific trading subaccount(s), i.e., the accounts order receipt, provided, however, such account that could be used for Firm associated with the parent relationship identifier must be masked.’’ Designated ID reporting. Therefore, identifier connecting them to the client. Industry Member 1 could report IM1, its Relationship identifiers are used in (4) Entity Identifiers entity identifier, as the FDID with the circumstances in which the account new order. The FDID Amendment also permits structure is not available to the trading In accordance with the FDID Industry Members to provide an entity system at the time of order placement. Amendment, the Exchange proposes to The clients have established accounts identifier, rather than an identifier that amend the definition of ‘‘Firm prior to the trade that satisfy relevant represents a trading account, when an Designated ID’’ in Rule 11.610(r) to regulatory obligations for opening employee of the Industry Member is permit the use of an entity identifier as accounts, such as Know Your Customer exercising discretion over multiple a Firm Designated ID as described and other customer obligations. client accounts and creates an above. Specifically, the Exchange However, the order receipt workflows aggregated order for which a trading proposes to amend the definition of a operate using relationship identifiers, account number of the Industry Member ‘‘Firm Designated ID’’ in Rule 11.610(r) not accounts. is not available at the time of order to state that a Firm Designated ID For Firm Designated ID purposes, as origination. An entity identifier is an means, in relevant part, ‘‘a unique and with an identifier for a trading account, identifier of the Industry Member that persistent entity identifier when an the relationship identifier must be represents the firm discretionary employee of an Industry Member is persistent over time. The relationship relationship with the client rather than exercising discretion over multiple identifier also must be unique among all a firm trading account. client accounts and creates an identifiers from any given Industry The scenarios in which a firm uses an aggregated order for which a trading Member. With these requirements, a entity identifier are comparable to when account number of the Industry Member single relationship could be tracked a firm uses a relationship identifier (as is not available at the time of order across time within a single Industry described above) except the entity origination.’’ Member using the Firm Designated ID. identifier represents the Industry In addition, the relationship identifier Member rather than a client. As with 2. Statutory Basis must be masked as the relationship relationship identifiers, entity The Exchange believes that the identifier could be a name or otherwise identifiers are used in circumstances in proposed rule change is consistent with provide an indication as to the identity which the account structure is not the provisions of Section 6 of the Act,6 of the relationship. The masking available to the trading system at the in general, and furthers the objectives of requirement would avoid potentially time of order placement. In this Section 6(b)(5) of the Act,7 in particular, revealing the identity of the workflow, the Industry Member’s order in that it is designed to prevent relationship. handling and/execution system does not fraudulent and manipulative acts and An example of the use of a have an account number at the time of practices, promote just and equitable relationship identifier as a Firm order origination. The relevant clients principles of trade, to foster cooperation Designated ID would be as follows: that will receive an allocation of the and coordination with persons engaged Suppose that Big Fund Manager is execution have established accounts in facilitating transactions in securities, known in Industry Member A’s systems prior to the trade that satisfy relevant to remove impediments to and perfect as ‘‘BFM1.’’ When an order is placed by regulatory obligations for opening the mechanism of a free and open Big Fund Manager, the order is tagged accounts, such as Know Your Customer market and a national market system to BFM1. Industry Member A could use and other customer obligations. and, in general, to protect investors and a masked version of BFM1 in place of However, the order origination the Firm Designated ID representing a workflows operate using entity 6 15 U.S.C. 78f. trading account when reporting a new identifiers, not accounts. 7 15 U.S.C. 78f(b)(5).

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the public interest, and Section 6(b)(8) III. Date of Effectiveness of the investors, or otherwise in furtherance of of the Act,8 which requires that the Proposed Rule Change and Timing for the purposes of the Act. If the Exchange’s rules not impose any burden Commission Action Commission takes such action, the on competition that is not necessary or The Exchange has filed the proposed Commission will institute proceedings appropriate. rule change pursuant to Section to determine whether the proposed rule change should be approved or The Exchange believes that this 19(b)(3)(A)(iii) of the Act 10 and Rule disapproved. proposal is consistent with the Act 19b–4(f)(6) thereunder.11 Because the because it is consistent with, and proposed rule change does not: (i) IV. Solicitation of Comments Significantly affect the protection of implements, a recent amendment to the Interested persons are invited to investors or the public interest; (ii) CAT NMS Plan, and is designed to submit written data, views, and impose any significant burden on assist the Exchange and its Industry arguments concerning the foregoing, competition; and (iii) become operative Members in meeting regulatory including whether the proposed rule prior to 30 days from the date on which change is consistent with the Act. obligations pursuant to the Plan. In it was filed, or such shorter time as the Comments may be submitted by any of approving the Plan, the SEC noted that Commission may designate, if the following methods: the Plan ‘‘is necessary and appropriate consistent with the protection of in the public interest, for the protection investors and the public interest, the Electronic Comments of investors and the maintenance of fair proposed rule change has become • Use the Commission’s internet and orderly markets, to remove effective pursuant to Section 19(b)(3)(A) comment form (http://www.sec.gov/ impediments to, and perfect the 12 of the Act and Rule 19b–4(f)(6)(iii) rules/sro.shtml); or mechanism of a national market system, thereunder.13 • Send an email to rule-comments@ or is otherwise in furtherance of the A proposed rule change filed under sec.gov. Please include File Number SR– 14 purposes of the Act.’’ 9 To the extent Rule 19b–4(f)(6) normally does not LTSE–2020–12 on the subject line. that this proposal implements the Plan, become operative prior to 30 days after and applies specific requirements to the date of the filing. However, pursuant Paper Comments Industry Members, the Exchange to Rule 19b–4(f)(6)(iii),15 the • Send paper comments in triplicate believes that this proposal furthers the Commission may designate a shorter to Secretary, Securities and Exchange objectives of the Plan, as identified by time if such action is consistent with the Commission, 100 F Street NE, the SEC, and is therefore consistent with protection of investors and the public Washington, DC 20549–1090. the Act. interest. The Exchange has asked the All submissions should refer to File Commission to waive the 30-day Number SR–LTSE–2020–12. This file B. Self-Regulatory Organization’s operative delay so that the proposal may number should be included on the Statement on Burden on Competition become operative by July 31, 2020. The subject line if email is used. To help the Commission believes that waiver of the Commission process and review your The Exchange does not believe that 30-day operative delay is consistent comments more efficiently, please use the proposed rule change will result in with the protection of investors and the only one method. The Commission will any burden on competition that is not public interest because it implements an post all comments on the Commission’s necessary or appropriate in furtherance amendment to the CAT NMS Plan internet website (http://www.sec.gov/ 16 of the purposes of the Act. The approved by the Commission. rules/sro.shtml). Copies of the Exchange notes that the proposed rule Accordingly, the Commission hereby submission, all subsequent changes are consistent with a recent waives the 30-day operative delay and amendments, all written statements amendment to the CAT NMS Plan, and designates the proposal operative as of with respect to the proposed rule 17 are designed to assist the Exchange in July 31, 2020. change that are filed with the meeting its regulatory obligations At any time within 60 days of the Commission, and all written pursuant to the Plan. The Exchange also filing of this proposed rule change, the communications relating to the Commission summarily may notes that the FDID Amendment will proposed rule change between the temporarily suspend such rule change if apply equally to all Industry Members Commission and any person, other than it appears to the Commission that such those that may be withheld from the that trade NMS Securities and OTC action is necessary or appropriate in the public in accordance with the Equity Securities. In addition, all public interest, for the protection of national securities exchanges and provisions of 5 U.S.C. 552, will be available for website viewing and FINRA are proposing this amendment to 10 15 U.S.C. 78s(b)(3)(A)(iii). their Compliance Rules. Therefore, this 11 17 CFR 240.19b–4(f)(6). printing in the Commission’s Public is not a competitive rule filing, and, 12 15 U.S.C. 78s(b)(3)(A). Reference Room, 100 F Street NE, therefore, it does not impose a burden 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– Washington, DC 20549, on official on competition. 4(f)(6)(iii) requires the Exchange to give the business days between the hours of Commission written notice of the Exchange’s intent 10:00 a.m. and 3:00 p.m. Copies of the to file the proposed rule change, along with a brief C. Self-Regulatory Organization’s description and text of the proposed rule change, filing also will be available for Statement on Comments on the at least five business days prior to the date of filing inspection and copying at the principal Proposed Rule Change Received From of the proposed rule change, or such shorter time office of the Exchange. All comments as designated by the Commission. The Exchange received will be posted without change. Members, Participants, or Others has satisfied this requirement. 14 Persons submitting comments are Written comments were neither 17 CFR 240.19b–4(f)(6). 15 17 CFR 240.19b–4(f)(6)(iii). cautioned that we do not redact or edit solicited nor received. 16 See Securities Exchange Act Release No. 89397 personal identifying information from (July 24, 2020) (Federal Register publication comment submissions. You should pending). 8 submit only information that you wish 15 U.S.C. 78f(b)(8). 17 For purposes only of waiving the 30-day 9 See Securities Exchange Act Release No. 79318 operative delay, the Commission has considered the to make available publicly. All (November 15, 2016), 81 FR 84696, 84697 proposed rule’s impact on efficiency, competition, submissions should refer to File (November 23, 2016). and capital formation. See 15 U.S.C. 78c(f). Number SR–LTSE–2020–12, and should

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be submitted on or before August 27, 21235–6401, at Telephone: (410) 966– correct amount of Medicare Part B 2020. 5855, or send an email to premium subsidy adjustments and For the Commission, by the Division of [email protected]. Medicare Part D premium increases Trading and Markets, pursuant to delegated SUPPLEMENTARY INFORMATION: under sections 1839(i) and 1860D– authority.18 13(a)(7) of the Act (42 U.S.C. 1395r(i) Authority: Sections 1839(i) and 1860D– J. Matthew DeLesDernier, 13(a)(7) of the Social Security Act (Act). (42 and 1395w–113(a)(7)), as enacted by Assistant Secretary. U.S.C. 1395r(i) and 1395w–113(a)(7) (42 section 811 of the Medicare Prescription [FR Doc. 2020–17133 Filed 8–5–20; 8:45 am] U.S.C. 1395r(i) and 1395w–113(a)(7)), as Drug, Improvement, and Modernization BILLING CODE 8011–01–P enacted by section 811 of the Medicare Act of 2003 (MMA; Pub. L. 108–173) Prescription Drug, Improvement, and and section 3308 of the Affordable Care Modernization Act of 2003 (MMA; Pub. L. Act of 2010 (Pub. L. 111–148). 108–173) and section 3308 of the Affordable SOCIAL SECURITY ADMINISTRATION Care Act of 2010 (Pub. L. 111–148). one. CATEGORIES OF INDIVIDUALS: The individuals whose information is [Docket No. SSA–2019–0054] Matthew Ramsey, involved in this matching program are Privacy Act of 1974; Matching Program Executive Director, Office of Privacy and beneficiaries who are enrolled in, or Disclosure, Office of the General Counsel. have become entitled to, Medicare Part AGENCY: Social Security Administration PARTICIPATING AGENCIES: B, Part D, or both. On a weekly basis, (SSA). SSA will provide IRS with this ACTION: SSA and IRS. Notice of a new matching information with respect to Medicare program. AUTHORITY FOR CONDUCTING THE MATCHING Part B and Part D beneficiaries who: (1) PROGRAM: SUMMARY: In accordance with the Are enrolled in Medicare under the provisions of the Privacy Act, as The legal authority for disclosure rules in section 1837 of the Act (42 amended, this notice announces a new under this agreement is section U.S.C. 1395p) and have not disenrolled matching program with the Department 6103(1)(20) of the Internal Revenue from Medicare Part B; (2) have filed of the Treasury—Internal Revenue Code (IRC section 6103(1)(20)) applications specifically for Medicare Services (IRS). This computer matching authorizes IRS to disclose specified Part B; (3) have been determined to have agreement sets forth the terms, return information to SSA with respect retroactive Medicare Part B entitlement; conditions, and safeguards under which to taxpayers whose Part B and/or or (4) have been provided to SSA as IRS will disclose to SSA certain return prescription drug coverage insurance enrolled in Part D by the Centers for information for the purpose of premium(s) may (according to IRS Medicare & Medicaid Services. records) be subject to premium subsidy establishing the correct amount of CATEGORIES OF RECORDS: Medicare Part B premium subsidy adjustment pursuant to section 1839(i) adjustments and Medicare Part D or premium increase pursuant to section SSA will electronically transmit to premium increases. 1860D–13(a)(7) of the Act for the IRS the (1) Social Security Number purpose of establishing the amount of (SSN), (2) name, (3) premium year, and DATES: The deadline to submit any such adjustment or increase or for (4) income threshold for each enrollee comments on the proposed matching resolving taxpayer appeals with respect for whom SSA requests MAGI data. If program is 30 days from the date of to such adjustment or increase. The the enrollee has asked SSA to use a publication of this notice in the Federal return information IRS will disclose, as more recent tax year than the usual, Register. The matching program will be specified in Article V, subsection E, of SSA will also furnish IRS with an applicable on October 1, 2020, or once the agreement, includes adjusted gross indicator and tax year. When there is a a minimum of 30 days after publication income and specified tax-exempt match of enrollee identifiers, and the of this notice has elapsed, whichever is income, collectively referred to in the MAGI data shows income above the later. The matching program will be in agreement as modified adjusted gross applicable threshold established effect for a period of 18 months. income (MAGI) (see Article III, pursuant to section 1839(i) of the Act, ADDRESSES: Interested parties may subsection D). This return information IRS will disclose to SSA the enrollee’s: comment on this notice by either will be used by officers, employees, and (1) Adjusted gross income dollar telefaxing to (410) 966–0869, writing to contractors of SSA to establish the amount, (2) tax-exempt income dollar Matthew Ramsey, Executive Director, appropriate amount of any such amount, (3) tax year involved, and (4) Office of Privacy and Disclosure, Office adjustment or increase; and to defend filing status. of the General Counsel, Social Security appeals with respect to such adjustment SYSTEM(S) OF RECORDS: Administration, G–401 WHR, 6401 or increase. Security Boulevard, Baltimore MD Sections 1839(i) and 1860D–13(a)(7) SSA will provide IRS with identifying 21235–6401, or emailing of the Act (42 U.S.C. 1395r(i) and 1395w information with respect to enrollees [email protected]. All 113(a)(7)) require the Commissioner of pursuant to the Master Beneficiary comments received will be available for SSA to determine the amount of a Record, 60–0090, last fully published at public inspection by contacting Mr. beneficiary’s premium subsidy 71 Federal Register (FR) 1826 (January Ramsey at this street address. adjustment, or premium increase, if the 11, 2006), amended at 72 FR 69723 FOR FURTHER INFORMATION CONTACT: MAGI is above the applicable threshold (December 10, 2007), 78 FR 40542 (July Interested parties may submit general as established in section 1839(i) of the 5, 2013), 83 FR 31250–31251 (July 3, questions about the matching program Act (42 U.S.C. 1395r(i)). 2018), and 83 FR 54969 (November 1, to Andrea Huseth, Direcctor, Office of 2018). SSA will maintain the MAGI data Privacy and Disclosure, Office of the PURPOSE(S): provided by IRS pursuant to the General Counsel, Social Security The purpose of this matching program Medicare Database File System 60– Administration, G–401 WHR, 6401 is to set forth the terms, conditions, and 0321, last fully published at 71 FR Security Boulevard, Baltimore MD safeguards under which IRS will 42159 (July 25, 2006) as amended at 72 disclose to us certain return information FR 69723 (December 10, 2007) and 83 18 17 CFR 200.30–3(a)(12). for the purpose of establishing the FR 54969 (November 1, 2018). IRS will

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extract MAGI data from the Return DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Transaction File, which is part of the Customer Account Data Engine Federal Aviation Administration Federal Aviation Administration Individual Master File, Treasury/IRS 24.030, last fully published at 80 FR Notice of Opportunity for Public Notice of Opportunity for Public 54063 (September 8, 2015). Comment To Change the Land Use Comment Equal Land Swap of .64 [FR Doc. 2020–17207 Filed 8–5–20; 8:45 am] From Aeronautical to Non Aeronautical Acres at Tweed-New Haven BILLING CODE 4191–02–P for 1.1 Acres of Airport Land at AGENCY: Federal Aviation Norwood Memorial Airport, Norwood, Administration (FAA), DOT. MA ACTION: Request for public comments. DEPARTMENT OF STATE AGENCY: Federal Aviation SUMMARY: Notice is being given that the [Public Notice: 11169] Administration (FAA), Transportation FAA is considering a request from the Bureau of Educational and Cultural (DOT). City of New Haven, CT to exchange a Affairs Evaluation Division Monitoring ACTION: Request for public comments. .64 acre parcel of land with an adjacent Data for ECA (MODE) Framework land owner of equal size and value. The Community of Practice Meeting SUMMARY: Notice is being given that the exchange of land will provide the Recording FAA is considering a request from the airport with the necessary land to build Town of Norwood, MA to change the an extension of a parallel taxiway and ACTION: Notice of information. land use from Aeronautical to Non vehicle service road that will serve the end of Runway 20. SUMMARY: The Bureau of Educational Aeronautical for 1.1 acres of airport land. The land use change is for land DATES: Comments must be received on and Cultural Affairs’ (ECA) Evaluation or before September 3, 2020. Division invites current and potential that is no longer needed for aviation use ADDRESSES: award recipients to review the as identified in the 2020 Airport Master You may send comments Community of Practice recording Plan. The revenue generated by the using any of the following methods: • Federal eRulemaking Portal: Go to explaining ECA’s new monitoring and lease of airport land will be placed into http://www.regulations.gov, and follow evaluation (M&E) system, the MODE the airport’s operation and maintenance the instructions on providing Framework. The webinar can be found fund. comments. here: https://www.youtube.com/ DATES: Comments must be received on • Fax: 202–493–2251. watch?v=1iX6sZK- or before September 3, 2020. • Mail: U.S. Department of oK0&feature=youtu.be. All relevant Transportation, Docket Operations, M– ADDRESSES: You may send comments MODE Framework information can be 30, West Building Ground Floor, Room using any of the following methods: found online here: https://eca.state.gov/ W 12–140, 1200 New Jersey Avenue SE, • impact/eca-evaluation-division/ Federal eRulemaking Portal: Go to Washington, DC 20590. monitoring-data-eca-mode-framework. http://www.regulations.gov, and follow • Hand Delivery: Deliver to mail FOR FURTHER INFORMATION CONTACT: the instructions on providing address above between 9 a.m. and 5 Questions and requests for additional comments. p.m., Monday through Friday, except information regarding the ECA’s MODE • Fax: 202–493–2251. Federal holidays. Framework may be sent to Natalie Interested persons may inspect the • Mail: U.S. Department of Donahue, Chief of Evaluation, Bureau of request and supporting documents by Transportation, Docket Operations, M– Educational and Cultural Affairs at contacting the FAA at the address listed 30, West Building, Ground Floor, Room [email protected] or 202–632– under FOR FURTHER INFORMATION W12–140, 1200 New Jersey Avenue SE, 6193. CONTACT. Washington, DC 20590. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Mr. • Hand Delivery: Deliver to mail Background: The Evaluation Division Jorge E. Panteli, Compliance and Land address above between 9 a.m. and 5 began development of an enhanced Use Specialist, Federal Aviation p.m., Monday through Friday, except performance monitoring system, the Administration New England Region Federal holidays. MODE Framework, to enable ECA Airports Division, 1200 District Avenue, leadership, program offices, and award Interested persons may inspect the Burlington, Massachusetts 01803. recipients to better assess program request and supporting documents by Telephone: 781–238–7618. contacting the FAA at the address listed performance and respond quickly to Issued in Burlington, Massachusetts on requests for information. The Evaluation under FOR FURTHER INFORMATION August 3, 2020. CONTACT Community of Practice is organized by . Julie Seltsam-Wilps, the ECA Evaluation Division for ECA Deputy Director, ANE–600. staff and current ECA award recipients FOR FURTHER INFORMATION CONTACT: Mr. who are interested in learning more Jorge E. Panteli, Compliance and Land [FR Doc. 2020–17150 Filed 8–5–20; 8:45 am] about M&E. If you are a current award Use Specialist, Federal Aviation BILLING CODE 4910–13–P recipient and would like to join the Administration New England Region Community of Practice, please email the Airports Division, 1200 District Avenue, ECA Evaluation Division Burlington, Massachusetts 01803. DEPARTMENT OF THE TREASURY ([email protected]) to be added to Telephone: 781–238–7618. the invitations. Issued in Burlington, Massachusetts, on Office of Foreign Assets Control August 3, 2020. Natalie R. Donahue, Notice of OFAC Sanctions Actions Chief of Evaluation, Bureau of Educational Julie Seltsam-Wilps, AGENCY: Office of Foreign Assets and Cultural Affairs, Department of State. Deputy Director, ANE–600. Control, Treasury. [FR Doc. 2020–16799 Filed 8–5–20; 8:45 am] [FR Doc. 2020–17199 Filed 8–5–20; 8:45 am] ACTION: Notice. BILLING CODE 4710–05–P BILLING CODE 4910–13–P

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SUMMARY: The U.S. Department of the DATES: See SUPPLEMENTARY INFORMATION information concerning OFAC sanctions Treasury’s Office of Foreign Assets section for applicable date(s). programs are available on OFAC’s Control (OFAC) is publishing the names FOR FURTHER INFORMATION CONTACT: website (www.treas.gov/ofac). of one or more persons that have been OFAC: Associate Director for Global Notice of OFAC Actions placed on OFAC’s Specially Designated Targeting, tel.: 202–622–2420; Assistant Nationals and Blocked Persons List Director for Sanctions Compliance & On July 31, 2020, OFAC determined based on OFAC’s determination that one Evaluation, tel.: 202–622–2490; that the property and interests in or more applicable legal criteria were Assistant Director for Licensing, tel.: property subject to U.S. jurisdiction of 202–622–2480. satisfied. All property and interests in the following persons are blocked under property subject to U.S. jurisdiction of SUPPLEMENTARY INFORMATION: the relevant sanctions authorities listed these persons are blocked, and U.S. Electronic Availability below. persons are generally prohibited from The Specially Designated Nationals engaging in transactions with them. and Blocked Persons List and additional

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Dated: July 31, 2020. Nationals and Blocked Persons List Director for Sanctions Compliance & Andrea M. Gacki, (SDN List) based on OFAC’s Evaluation, tel.: 202–622–2490; Director, Office of Foreign Assets Control, determination that one or more Assistant Director for Licensing, tel.: U.S. Department of the Treasury. applicable legal criteria were satisfied. 202–622–2480. [FR Doc. 2020–17112 Filed 8–5–20; 8:45 am] All property and interests in property SUPPLEMENTARY INFORMATION: BILLING CODE 4810–AL–P subject to U.S. jurisdiction of these persons are blocked, and U.S. persons Electronic Availability are generally prohibited from engaging DEPARTMENT OF THE TREASURY in transactions with them. Additionally, The Specially Designated Nationals OFAC is publishing the name of one or and Blocked Persons List and additional Office of Foreign Assets Control more persons that have been removed information concerning OFAC sanctions from the SDN List. Their property and Notice of OFAC Sanctions Actions programs are available on OFAC’s interests in property are no longer website (www.treas.gov/ofac). AGENCY: Office of Foreign Assets blocked, and U.S. persons are no longer Control, Treasury. generally prohibited from engaging in Notice of OFAC Actions ACTION: Notice. transactions with them. On July 29, 2020, OFAC determined DATES: See SUPPLEMENTARY INFORMATION SUMMARY: The U.S. Department of the that the property and interests in Treasury’s Office of Foreign Assets section for applicable date(s). property subject to U.S. jurisdiction of Control (OFAC) is publishing the names FOR FURTHER INFORMATION CONTACT: the following persons are blocked under of one or more persons that have been OFAC: Associate Director for Global the relevant sanctions authorities listed placed on OFAC’s Specially Designated Targeting, tel.: 202–622–2420; Assistant below.

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Dated: August 3, 2020. DEPARTMENT OF THE TREASURY Accountability Act (HIPPA) of 1996, as Andrea M. Gacki, amended. This listing contains the name Director, Office of Foreign Assets Control, Internal Revenue Service of each individual losing United States citizenship (within the meaning of U.S. Department of the Treasury. Quarterly Publication of Individuals, [FR Doc. 2020–17211 Filed 8–5–20; 8:45 am] Who Have Chosen To Expatriate, as section 877(a) or 877A) with respect to BILLING CODE 4810–AL–P Required by Section 6039G whom the Secretary received information during the quarter ending AGENCY: Internal Revenue Service (IRS), June 30, 2020. For purposes of this Treasury. listing, long-term residents, as defined ACTION: Notice. in section 877(e)(2), are treated as if they were citizens of the United States who SUMMARY: This notice is provided in lost citizenship. accordance with IRC section 6039G of the Health Insurance Portability and SUPPLEMENTARY INFORMATION:

Last name First name Middle name/initials

ABHAR WUENSCH ...... CHRISTA. ACKERMAN ...... LAURA ...... LISA ACKERMANN ...... AXEL. AGHA ...... ALI ...... I. AGHA ...... ZAREEN. Aguirre ...... Estefania. AHMED ...... EHTIAJ. AHN ...... KI ...... DONG AIKINS ...... CLAIRE ...... M. AIKINS ...... KINGSLEY ...... T. AIN ...... MARK ...... J.

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Last name First name Middle name/initials

AITCHISON ...... GEORGE ...... WILLIAM AITKEN ...... CARMEN ...... C. AITKEN ...... TIMOTHY ...... J. AIZAWA ...... SHIGENORI. AJERSCH ...... ELLEN. AKED ...... CHRISTOPHER ...... J. AKED ...... GILLIAN ...... K. AKRA ...... DIRK ...... SALIH Al Ansari ...... Talal ...... Abdulla ALDER ...... DOUGLAS ...... ALLAN ALDRED ...... LANE. Alehya ...... Ali ...... Abdullateef ALFANNO ...... OMAR. ALGANS ...... LAURENT ...... PIERRE Al-Hazeem ...... Abdulah ...... Zuhair ALI ...... HASSAN ...... O. ALI ...... PRASANNA. Al-Kalouti ...... Omar. ALLAL ...... NADINE ...... RACHELLE ALLARS ...... MARIA ...... A. AL-MALAZI ...... MAYYASA ...... SUSANNE ALPERSTEIN ...... GARTH. ALPERSTEIN ...... MELISSA ...... ELISE BECKER ALTENHOFF ...... JACQUELINE ...... A. ALTFELD ...... MARCUS. ALTY ...... IAN ...... ASHLEY ALVES MACEDO ...... GABRIELA. ALVIRI ...... ARVAND. ALZUPHAR ...... STEPHEN ...... JACQUES AMANN ...... ANDREA ...... MARIA AMBROSIO ...... GAETANO. AMBROSIO ...... LORRAINE. AMIN ...... SONAL. ANDERSEN-YOUNG ...... KATHERINE ...... ELIZABETH Anderson ...... Jane ...... Sutherland ANDERSON ...... SUSAN ...... JEAN ANDRADE ...... RACHEL ...... JANE ANDRE DE LA PORTE ...... VERONIQUE ...... CRISTINE ANDREWS ...... JOAN ...... F. ANGELI-WOLF ...... GLORIA ...... ELIZABETH ANGEONESE ...... STEVE ...... PAUL ANKER ...... ANNE-MARIE. ANTHONY ...... DAVID ...... M. APAEZ ...... JORGE. APERY ...... DAVID ...... DENYS APPLEYARD ...... CHRISTOPHER ...... MARK KENELM ARAKAWA ...... MICHELLE ...... GEORGETTE ARBER ...... CAROLINE ...... E. ARGUELLES ...... ROSANNA ...... YCASIANO ARKIN ...... NANCY. ARLT-HAMM ...... INES. ARMSTRONG ...... DAVID ...... A. ARPAIO ...... LUCA ...... M. ARUJ-HAIGH ...... SILVIA ...... LILIANA ASAKAWA ...... MAKOTO. ASAKAWA ...... MIDORI. ASHTON ...... LEIGH ...... MIRANDA ASIPOVICH ...... VARVARA. ASIPOVICH ...... VATSLAU. ASJES ...... LUCAS ...... JAN AST ...... KARIN ...... SUSAN Astbury ...... Kathleen ...... Ann AUDI ...... JULIE. AUDI ...... YASMINE. AUPOIX ...... ALEX. AUSTIN ...... RUTH ...... BERE AUYANG ...... ANETTE. BABA ...... KAZUYUKI. Bacharach ...... David ...... Lawrenece BACHMANN ...... JESSICA ...... LORIANE BADER ...... ALEXANDRA. BADGER ...... ANNE ...... LOUISE BAE ...... MUN ...... SOO BAE ...... SANG ...... HO

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Last name First name Middle name/initials

BAERGEN ...... JOYCE ...... ARLENE BAERT ...... CHRISTINA ...... ANTONIA MARIA ELISABETH BAERT ...... NATHALIE ...... CAROLINE MARIA BAGAYATKAR ...... NAINA. BAGHESTANI ...... ARDAVAN. BAHNAN ...... RANIA ...... F. BAIRD ...... RICHARD ...... J. BAK ...... THOMAS. BAKHOS ...... TANIA. BALAM ...... ESENC ...... MERIC BALTES ...... MONIKA. BANFIELD ...... CHRISTOPHER ...... JOSEPH Bantug Benitez ...... Jose ...... Francisco BAQUERIZO ...... RICARDO ...... A. BARAK ...... YAEL ...... VIKTORIA BARCLAY ...... MARGARET. BARCLAY ...... ROBERT. BARGAGJLI ...... RICCARDO. BARKER ...... SUSAN ...... MARSHA BARRE ...... PIERRE ...... STEPHANIE DENIS BARROS ...... ANDRES ...... SANTIAGO BARROS ...... JOSEFINA ...... WINIFRED BARROS ...... TOMAS ...... JOSE BARTALENA ...... GUIDO. BARTH ...... PATRICK ...... D. BARTOLI ...... ROBERTA. BARTOLOME FERNANDEZ ...... JENNIFER ...... DANIELLE BARTON ...... ALISTAIR ...... RAINE SINCLAIR BARTON ...... JAMES ...... S. BARTONVA BARTONOVA ...... ZDENKA. BASIC ...... NATASA. BASSAN JR ...... DAVID ...... MICHAEL BATES ...... JILLIAN ...... M. BATTLE ...... ANNE ...... B. BATTLE ...... XAVIER ...... L. BAUER ...... DIANE ...... PATRICIA BAUMANN ...... PASCAL ...... SAMUEL BAUSILI ...... SANTIAGO. BAWDEN ...... MARY. BAY ...... FRANCOIS ...... JOSEPH TOUSSAINT BEACOCK ...... JANICE ...... M. BEACOCK ...... MICHAEL ...... W. BEAN ...... ANDREW ...... ALEXANDER BEAUPIT ...... BLAYNE. BECK ...... JOHN ...... CHARLES CHRISTOPHER BECK ...... THOMAS ...... DAMIAN BECKLEY ...... SIMON ...... P. BEDETTI ...... MARIAPAOLA. BEDWICK ...... ALLAN ...... LEON DAVID BEGERT ...... MERYL ...... HELEN BEGG ...... GAIL ...... JANINE BEGG ...... JAMES ...... MARTIN BEHLING ...... STEFAN. BEIDLEMAN ...... SADAKO ...... Y. BEIER ...... DELORES ...... ANN BELENTEPE ...... TOMOKO ...... T. BELO ...... FREDERICO. BELZIL ...... DENISE. BENNETT ...... MOTOKO. BENTHAM ...... PETER ...... A. BERENDS ...... ALLARD ...... HUGO BERGE ...... ANNETTE ...... CAROL BERGER ...... CATHRIN ...... RAHEL BERGLAND ...... YVONNE ...... P. BERGMAN ...... LUUK ...... PETER BERNASCONI ...... NICOLAS ...... JUSTIN Bernotat-Danielowski ...... Sabine. BERNSTEIN ...... MIZUE ...... H. BERTI ...... IVANA ...... BRUNA BETANT ...... JEREMIE ...... CHARLES BEUKEMA ...... MARY. BEVIS ...... COLLEEN ...... BEVERLY BHALLA ...... NAVEEN. BHIDE ...... PRIYA.

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Last name First name Middle name/initials

BI ...... MINGQIANG. BIBBY ...... ALICE ...... ANNA BIBI ...... MUWAFFAK ...... A. BIBI ...... RANA ...... H. BIDDLECOMBE ...... MICHAEL. Bilfinger ...... Monica ...... Ruth BIR ...... PRABHLEEN. Birchall ...... Anna. BIRNIE ...... KATHRYN ...... ANN MANSON BISCHOFBERGER ...... JULIA ...... ALICE BISHOP ...... DAVID. BISHOP ...... GILLIAN. BISLEY ...... SPENCER ...... JEREMY BISWAS ...... PIYALI. BJELKE-WEIS ...... ANINE ...... NOEL BLACK ...... CELESTE ...... MARIE BLAIR ...... KAORI. BLANCHARD ...... PHILIPPE ...... ALEXANDRE BLANDFORD ...... CLAUDIA ...... JANE BLESER ...... SILKE. BLEWITT ...... RACHEL ...... FRANCES BLOCH ...... ALICE ...... MARGARET BLOECH ...... HENNING ...... M. BLOXHAM ...... MARILYN ...... RUTH BODDAERT ...... CHRISTIAN. BOHRA ...... HEMENDRA ...... SINGH BOLF ...... DEBORAH ...... L. BOLLA PITTALUGA ...... PAOLO. BOLLETER ...... ANDRES ...... SCOTT BOMPHRAY ...... ANDREA. BOMPHRAY ...... GARY. BOND ...... DARRYL ...... K. BONI ...... WILHELM ...... A. BOON ...... BENJAMIN. BORCHERT ...... HENRI ...... CHRISTOPHER BORDELEAU ...... RICHARD ...... P. BOREEL ...... MARGUERITE ...... EMILIE BORG ...... PASCALE ...... A. Borovitz ...... Alexander. BOSCH ...... ANNEBELLE ...... E. BOSCH ...... EVALINE ...... A. BOSCH ...... PETER. BOSCH ...... RIMI. BOSWELL ...... KATE ...... E. BOTHWELL-FERNANDES ...... JACQUELINE ...... SUE ANN BOUCHER ...... DIANE ...... L. BOURHIS ...... DANIELE. BOURHIS ...... YVES. Bourke ...... Tallulah ...... Erin BOUVY ...... CAMILLE ...... LAURENCE Bouvy ...... Pauline ...... Michele BOWEN ...... BRIAN ...... H. BOWLER ...... JOHN ...... TIMOTHY BOWLER ...... KAREN ...... JAYNE BOWMAN ...... STEWART ...... MACLEOD BOYCE ...... THOMAS ...... MARK BOYLE ...... MELANIE ...... J. BOZORGMEHR ...... MARYAM. BRADBURY ...... ALISON ...... PAISLEY BRADBURY ...... MEREDITH ...... G. BRADBURY ...... SIMON ...... ALEXANDER BRADFORD ...... SOFIA de AMARO ...... PAVAO BRADLEY ...... JAMES ...... ROSS BRADLEY ...... JEANETTE ...... A. BRADLEY ...... JONATHAN ...... R. BRADLEY ...... KENNETH ...... J. BRADLEY ...... ROSEMARY. BRADLEY ...... STEPHEN. BRADY ...... COLLEEN ...... A. BRANDT ...... CHRISTINA. BRANDT ...... LENNIE ...... DE BRANT ...... CLAIRE. BRANT ...... DAVID. BRANTSCHEN ...... LEAH.

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Last name First name Middle name/initials

BRATTSTROM ...... ULLA. BRECHET ...... PHILIPPE ...... HENRI BRECKBILL ...... KATHRYN ...... LEIGH BREITLING ...... DENNIS. BRENER ...... ALFREDO. BRENNAN ...... KATHLEEN ...... ANN BRENNINKMEYER ...... MADELEINE ...... AGNES MARGARTHA BREUER ...... NORBERT. BRIAND ...... AMANDINE. BRIAND ...... GURVAN. BRIEN ...... SARA ...... J. BRIERLEY ...... ADRIAN ...... W. BRILEY ...... PAUL. BRIN ...... ANNE ...... C. BRINCKMAN ...... BART. BRISSET ...... PAULE ...... MADELEINE BROADBENT ...... OAN. BROWN ...... ADAM ...... NICHOLAS BROWN ...... ANTHONY ...... J. BROWN ...... JAMES ...... MELVILLE BROWN ...... MARY ...... LOUISE BRUEGGEMEIER ...... JANA. BRUEGGEMEIER ...... TIM. BRUGGEMAN ...... SHIRLEY ...... M. BUCK ...... NICHOLAS ...... J. BUENO ...... KEREN. BUENO ...... MAYA. Bufman ...... Gil ...... Michael BUGNA ...... EMMANUELLE ...... ANNE BULLA ...... PAMELA ...... ANN BULLEN ...... ROBERT. BULLEN ...... ROBERT. BULLIVANT ...... JANE ...... CORDELIA BULLOCK ...... DAVID ...... WILLIAM Buonopane ...... Edward ...... Joseph BURGER ...... CHRISTA. BURGER ...... MARIO. BURGER ...... SOPHIE ...... BEATRICE BURGI ...... NICOLE ...... ALEXANDRA BURGIN ...... KARL ...... EDMUND BURKHARDT ...... SHANE. BURNS ...... MARY ...... P. BUSCH-PETERSEN ...... JAKOB. Bye ...... Camilla ...... Catherine BYRNE ...... JANET ...... LIDDLE BYUN ...... HONG ...... SIK CAHN VON SEELEN ...... ULF ...... MANFRED CAILES ...... COLLEEN. CAINE ...... DONALD ...... EDWARD CALDER ...... RHONDA ...... T. CALDWELL ...... GERARD. CAMINOS ...... CASANDRA ...... NICOLE CAMPBELL ...... ANTHONY ...... G. CAMPBELL ...... CATHERINE ...... JEAN MACKAY CAMPBELL ...... JEFFREY ...... W. CAMPBELL ...... LORRAINE ...... C. CAMPBELL ...... MARY-ANN. CANDRIES ...... MARIA ...... LENA FV CAPEL ...... SUSAN ...... LOUISE CARDIM ...... MAFALDA. CARLISLE ...... MICHAEL ...... H. CARLISLE ...... SOPHIE ...... E. CAROLINE ...... MARTINE ...... CAROLINE BLANCHE Carrithers ...... Michael ...... Barnes CARTER ...... ANDREA. CARTER ...... PAUL. CARTIGLIA ...... NICOLO. CARTWRIGHT ...... JULIE. CARUSO ...... JESSICA ...... STEFANIE CASEY ...... FIONA. CASSAR ...... MARK ...... M. CASSER ...... BONNIE. CASSAR ...... CASTRACANE ...... LUBA.

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Last name First name Middle name/initials

CATO ...... BIRGIT. CAUSSE ...... OLIVIER. CAVALLI ...... SIMONE. Cavalli Beard ...... Erica ...... Ann CAVANAUGH ...... DANIELLE. CECIL ...... MICHAEL. CEHA ...... MICHIEL ...... JAN CERNIN ...... DANIEL. CHACKO ...... ANN-MARIE. CHALERMKITTCHAI ...... PONGTAWAT. CHAN ...... ALLAN ...... S. CHAN ...... ASHLEY ...... WUN MUN CHAN ...... KAM ...... LUN CHAN ...... KENG ...... LOKE CHAN ...... LENNARD ...... H. CHAN ...... NINA. CHAN ...... PORTIA ...... YUEN-SHAN CHAN ...... SHING ...... YAN CHAN ...... SIEW ...... HOONG CHAN ...... TARA ...... E. CHAN ...... YEE ...... HUI CHAN ...... YUK ...... SIN CHANDARIA ...... SARIT. CHANDLER ...... REBECCA. CHANG ...... DONG-LONG. CHANG ...... LI-TIEN. CHANG ...... LI-YU. CHANG ...... MYOTIN. CHANG ...... PHOEBE. CHANG ...... RUEY-CHI ...... L. CHANG ...... SHANG-CHIEH. CHANG ...... TIMOTHY ...... S. CHAO ...... JENNY ...... J. CHAO ...... YEN ...... YEN CHARPENTIER ...... MYRIAM. CHATAIN ...... OLIVIER. CHELL ...... DAVID ...... EMANUEL CHEN ...... CHIEN ...... CHEN Chen ...... Chien Chung ...... Andrew CHEN ...... CHIH ...... MING CHEN ...... CHING ...... MEI CHEN ...... CHING-YUAN. CHEN ...... CHIUEH-HUA. CHEN ...... CHUN ...... M. CHEN ...... GANG. CHEN ...... HAO. Chen ...... Henry. CHEN ...... HSIN ...... YI CHEN ...... LI-HUNG. CHEN ...... MARGARET ...... C. CHEN ...... MEI-SHENG. Chen ...... Ming ...... Chein Chen ...... Ming ...... Sheh CHEN ...... NINGLIN. CHEN ...... SHERRY ...... CHEN-JUNG CHEN ...... YI-YING. CHEN HSU ...... HSIU-MI. Cheng ...... Jeffrey. CHENG ...... SHUN-YUAN. CHEONG ...... JASON ...... BRYAN CHERRY ...... PAUL. CHEUNG ...... TAT-WING ...... SIMON Chivers ...... David ...... Hartland CHO ...... HYUN ...... DAI CHO ...... TAE ...... YONG CHOI ...... EUJEAN. CHOI ...... HEE ...... YOUNG CHOI ...... YONG ...... HWA CHOLEWINSKI ...... PETER. CHOMETTE ...... ALEXANDRE ...... OLIVER CHOO ...... STEPHANIE ...... WAN JUEN CHOOMUENWAI ...... SAKECHAI. CHOU ...... CHE-WEI. CHOU ...... CHIA-YI.

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Last name First name Middle name/initials

CHOU ...... YU-TING. CHRISTOPOULOU ...... DINA. CHUGANI ...... SURESH. CHUNG ...... JIYOUNG. CIZERON ...... ALEXANDRA ...... IRENE CLARK ...... BARBARA ...... LOUISE CLARKSON ...... HELENE ...... EDITH CLARKSON ...... MAX ...... ADAM Clavelly ...... Sandrine ...... Michele Erol CLEMENTS ...... CAROLINE ...... JANE CLERC ...... ANNE ...... CATHERINE CLEVEN ...... LAURA ...... ELISABETH MILLANIE VIRGINIA CLOES ...... VERONIQUE ...... ANNE CLOITRE ...... CHANTAL ...... TREMEL COHEN ...... PETER ...... A. Cohen ...... Rina ...... Isabella Lotti COLACO ...... MARGARIDA ...... M. COLACO ...... MARIA ...... F. COLANTUONI ...... LIVIA. COLE ...... GABRIELLE. COLICCHIA ...... SILVINA. COLLIER ...... PAUL. COLLINS ...... JANELL ...... MARIE COLSON ...... KATHERINE ...... ELISABETH MACDUFF COMPTON ...... ANN ...... M. CONBOY ...... JOEL ...... CHARLES CONNOLLY ...... CATHERINE ...... L. COOK ...... DAVID ...... RUSSELL CORDARO ...... JOANNA. CORDIAL ...... ALEXANDER ...... MITCHELL CORDIAL ...... MELANIE ...... VICTORIA CORNES ...... CHARLOTTE ...... AILSA FERRAR COTE ...... REAL ...... J. COTMAN ...... AMANDA ...... SUSAN COTTLE ...... PAUL ...... WESLEY COURT ...... ADRIAN ...... R. COX ...... DAVID ...... WESLEY COX ...... KARL ...... EDWARD CRAMM ...... GEORG. CRAMPTON ...... AMELIA ...... SARAH ROSE CRANE ...... BARBARA ...... JOAN CREASY ...... DIANNE ...... M. CREMESE ...... GILBERT ...... J. CRICHTON ...... CATHERINE ...... M. CRICHTON ...... WILSON ...... A. CRITTENDEN ...... JACINE ...... L. CRIVELLI-AMSTUTZ ...... MIRIELLE ...... MIRA CROCE ...... LEILA ...... ANGELA Croin ...... Laura ...... Kay CROW ...... CLAUDIA ...... JANE CROWE ...... ALEXIS ...... LEAH CUMING ...... SADIE ...... E. CURTIS ...... COLLEEN ...... A. CURTIS ...... FRED ...... D. CZIEPLUCH ...... CELINA ...... VIVIAN DAALEN ...... OLIVER ...... MICHAEL VAN DAI ...... BAOJUN BAIJUN. DAI ...... YUANSHUN. DAKU ...... KENNETH ...... E. DALSANIA ...... DHIRAJLAL ...... L. DANCIK ...... DEBORAH ...... BLOOMFIELD DANIELI ...... ANNA ...... TERESA DANIELLE ...... LOUISE ...... M. DANIELS ...... MONIQUE ...... JEANNE MARIE Darling ...... Madison ...... Amaya DASH ...... KAIREN ...... ELIZABETH D’ASTICI ...... GIUSEPPE. DAUJAT ...... MAXIME ...... THOMAS DAURIGNAC ...... ALICIA ...... MARIE DAVID ...... ELISABETH ...... MARIE DAVID ...... LARISSA ...... CHANTELLE DAVIDSON ...... COLLEEN. DAVIDSON ...... IAIN ...... STEWART DAVIDSON ...... JAMES ...... G.

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Last name First name Middle name/initials

DAVIE ...... GEORGE ...... W. DAY ...... JANET ...... ANNE DAZA ...... ANA ...... F. DE BOER ...... THEO ...... FRANCIS de Chanville d’Arc ...... Philippe ...... Jean Pierre Baudesson DE GALEMBERT ...... LORRAINE ...... DE BODIN DE GREEF ...... WENDY. DE KALBERMATTEN ...... JASMINE ...... MARIE LOUISE De KERGUIZIAU De KERVASDOUE ...... LAURE ...... MARY FRANCE DE MEIJERE ...... WESSEL ...... JOHAN DE MONTALEMBERT ...... ROXANE ...... MARTHE DE MORAES ...... CONSUELO ...... M. DE MORALES ...... DE SILVA ...... COURTNEY. DE SILVA ...... DEBORAH ...... M. DE SILVA ...... JOSHUA ...... J. DE SILVA ...... MARC ...... A. DE SOUZA ...... JOSHUA ...... ALEXANDER DE SOUZA ...... MARCELO ...... N. DE TORO ...... MARIANA. DE VOGHEL ...... MARIE-LAURE ...... CHRISTINE DE VRIES ...... DANIEL ...... M. DE WITTE ...... SAMUEL ...... PATRICK Declerck ...... Vincent ...... Florian DEETER ...... MICHAEL ...... ALAN DEITZ ...... MARK ...... PERRY DEL MARMOL ...... JULIEN ...... BILL CHARLES EMMANUEL DELAYE ...... THOMAS. DELERUE ...... CECILE ...... THERESE NEZAHAT TARDU DELTOUR ...... JEAN-BAPTISTE ...... ALAIN DEMBINSKI ...... MIGUEL ...... M. DEMEUSE ...... SIMON. DEMEYER ...... NICHOLAS. DEN TEX ...... MARIE ...... BEATRIX DENNING ...... PIERS ...... WILLIAM DERGHAM ...... SERGE. DERMITZEL ...... DANIEL. DESBIENS ...... NATHALIE. DEUTSCH ...... SHIRA ...... HANA DEVILLERS ...... SOPHIE. DEVINAT ...... FABIENNE ...... RENEE DEVLIN ...... ALAN ...... JAMES DEVOS ...... LIEVE. DEVRIENT ...... ANNE ...... GOODE DEWHIRST ...... JONATHAN ...... ADAM DEWITTE ...... NATHALIE. DEXTER ...... DAVID ...... KANNER DEYHLE ...... RICHARD ...... RUDOLF ROLF DHAKAL ...... HARI ...... P. DHAKAL ...... PAWANITA ...... SHROTRIYA DIAS BARATA ...... MELANIE ...... GOETTI DIAW ...... BORIS ...... B. DIBILDOX ...... LETICIA ...... I. DIEDRICH ...... ANNABEL ...... S. DIEDRICH ...... JOERG. DIEDRICH ...... MARTINA ...... S. Dieter ...... Michaella ...... Anne DIEWOKOVA ...... KRISTYNA. DIGNAM ...... DAVID. DIGNAM ...... EVELYN. DIHOVICNI ...... DJORDJE. DIHOVICNI ...... LARA. DIXON ...... KAREN ...... JUDY DIXON ...... MARCHANT. DJIRDJIRAN ...... CONSTANTIN ...... HAIK DOCKING ...... EMMA ...... J. DOERKSEN ...... WILMER ...... JERRY DOERNBACH ...... NATHANIEL ...... LOUIS DOHERTY ...... CATHERINE. DOLEMAN ...... BRETT ...... J. DOLLE ...... NICOLE ...... GAY DOLSKI ...... DIANE ...... G. DOLSKI ...... GARY ...... L. Domange-Brown ...... Kathleen ...... Ann

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Last name First name Middle name/initials

DONDE ...... MANDAR ...... S. DOPP ...... SARAH ...... D. DORSEY ...... TATIANA ...... ELIZABETH DOUGLAS ...... BRYCE. DOUMET ...... JOSEPH ...... PIERRE DRADER ...... JESSICA ...... REA DRAGANOIU ...... ELENA ...... S. DRAPER ...... ANTHONY ...... J. DREPPER ...... ULRICH. DREW ...... MARGARET ...... E. DREYFUS ...... GILLES. DREZE ...... BENOIT ...... JOSE DROPE ...... JACQUELINE ...... MARIE DROUIN-ALLAIRE ...... MAXIME. DRUESNE ...... EMMY ...... MARY DUARTE ...... ROBERTO ...... DAVID DUBOIS ...... FABRICE. DUFFY ...... OLIVER ...... GEORGE DUITEMEIJER ...... MARTEN ...... ANTON DUNCANSON ...... EMILY ...... ERIN Dungan ...... Christopher William ...... Charles DUNKIN ...... THOMAS ...... WAYNE DUPLESSIS ...... Kathleen ...... REGINA EASDALE ...... REBECCA ...... LEE GILMORE Eastwood ...... Karen ...... Lynn EDDY ...... TERENCE. EDE ...... CHRISTOPHER ...... ROLAND EGGENBERGER ...... ETIENNE. EHRHART ...... MICHAEL ...... JOSEF EISENRING-NIEDERER ...... BRIGITTE ...... MICHELLE ELDON-EDINTON ELDON EDINGTON ...... SIMON. ELLING ...... MASAKO. ELLIOTT ...... BRIAN. ELLIOTT ...... SHARANE ...... LOUISE ELLISON ...... STACY ...... ANN ELOFF ...... JOHANNES ...... JACOBUS ELSDON-DEW ...... EMMA ...... L. Ely ...... Broderick ...... Paul EMSERMANN ...... ISABEL ...... KATHARINA Endo ...... Eric ...... Hirotaka ENDOH ...... MISAKO. ENGELEN ...... SYLVIA. ENGELHORN ...... MANUEL ...... EMILE ENGLEBERT ...... CHARLINE. ENOKIDA ...... SHUICHI. Ericksen ...... Janet ...... Ruth ERIKSSON ...... KATHERINE ...... JANE COOPER ERLANGER ...... WENDY. ERLICH ...... DAVID. ERLICH ...... MARGALIT. ESCOLME ...... KATHLEEN ...... MYERS ESSELEN ...... ISABELLE ...... EVARITA ETELAPERA ...... ESA ...... O. EUSTAQUIO ...... DANIEL. EVAMY ...... ANDREW ...... DUNCAN EVANS ...... DOREEN ...... C. EVANS ...... MEGAN ...... ASHLEY EWART ...... ELIZABETH. EYMANN ...... MELANIE ...... BIANCA EYSCHEN ...... MARC ...... ALPHONSE EZION ...... ORLY ...... MIRIAM FAFALIOS ...... STAMOS ...... PANOS Falk ...... Pamela ...... Kay FARNWORTH ...... NIGEL. FARQUHARSON-ROBERTS ...... JEAN ...... NIELSEN FARZANEGAN ...... FARZAN. FAXEN ...... ANNA ...... C. FEBLES ...... PEDRO. FEEHAN ...... ALICE ...... JOHANNA EVA FEIST ...... JORDAN ...... L. FEIST ...... KELVIN ...... G. FEIST ...... TRACEY ...... A. FELCHLIN DUMONT ...... MARTINA ...... ELISABETH Feldmayer ...... Matthias.

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Last name First name Middle name/initials

FELDMAYER ...... STEFANIE. FENICHEL ...... SULYA ...... ANNE FERCHER ...... EDILENE. FERCHER ...... KURT ...... C. FERGUSON ...... JENNIFER ...... DIANE FERGUSON ...... PHILLIP. FERLAND ...... JOSEE. FERNANDEZ ...... GABRIEL. FERRANDEZ ...... BEATRICE ...... M. FERRANDEZ ...... PASCAL ...... A. FIDDY ...... FARIMAH. FILLER ...... HELEN. FINKELSTEIN ...... PHILIPPE. FINKS ...... FRANCESCA. FINLAN ...... JOHN ...... WILLIAM Finnie ...... Tania ...... Renae FISCH ...... MARTA ...... LYNNE FIUME ...... ELISA. FLEET ...... GILLIAN ...... J. FLEET ...... NEVILLE ...... J. Fleiger ...... Dianne ...... Patrice Fleischmann ...... Maayan. FLEMING ...... JANET. FLEMING ...... KIMBERLY ...... KAY FLETCHER ...... BENJAMIN ...... HAROLD FLORENTIN ...... LIONEL ...... SERGE JEAN FLORY ...... BERND ...... W. FLUECK ...... DAVID ...... C. FOERSTER ...... HELMUT ...... G. FOERSTER ...... NICOLAS ...... H. FONG ...... SHEILA ...... K. FONG ...... WESLEY. FONROSE ...... REGINALD ...... S. FONTANA ...... GIJSBERTHA ...... A. Fontwit ...... Sandy. FOO ...... EUGENE ...... GUO HAO FOO ...... MAW ...... DER FOO ...... SUAN ...... TONG FORBES-JAEGER ...... GABRIEL ...... ROMAIN FORCHINI ...... JESSICA ...... MARIE FORD ...... CHRISTOPHER ...... DAVID FORSLUND ...... JOHN ...... E. FORWOOD ...... SAMANTHA. FOUQUET ...... ROMA-JIN (TOMA-JIN?) ...... MORIKAWA FOX ...... DANIEL ...... EJ FOX ...... FREDERIC ...... MARTIN FOX ...... NICOLA ...... THERESE FOX ...... NORMA ...... E. FRANCIS ...... BRUCE ...... G. FRANCIS ...... PAULINE ...... J. FRANCIS-BRUCE ...... SUSAN ...... GILLIAN FRANCO-OBREGON ...... ALFREDO. FRANKEL ...... JENNIFER ...... ROBYN Fraser ...... Robert ...... Eilliam FREEMAN ...... ANNE-MARIE ...... C. FREEMAN ...... RAYMONDO. FREI ...... KARIN. FREI ...... MICHAEL. FREUND ...... SACHIYO ...... Y. FREW ...... JAMES ...... W. FREW ...... SHARON ...... R. FREY ...... MARIEL ...... MARIKA FRIDJONSSON ...... EINAR ...... O. FRIEDLI ...... DANIEL ...... ALBERT FRIESE ...... LAILA ...... JEANETTE Friesen ...... Donald ...... Kenneth FUJIOKA ...... YOSUKE. FUJITA ...... DIANE ...... M. FUJITA ...... LAURA ...... MARIE FUJITA ...... MARK ...... K. FUJITA ...... MICHELLE ...... LYNNE FUJIWARA ...... ERI. FUJIWARA ...... RYO. FUKUI ...... TETSUO.

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Last name First name Middle name/initials

FULD ...... CELESTINE ...... OCTAVIA FULTHEIM ...... SHAI. FULTHEIM ...... YAEL. FUMAGALLI ...... INES ...... MARIE GIOVANNA FUNK ...... CURTIS ...... H. FUREST ...... MARIA ...... A. FURNER ...... GUY ...... V. FURUI ...... YOSHIKO. FURUYA ...... RUMIKO. FUSCO ...... ANNAMARIA. GABRIELIDIS ...... KATHERINE. GAEHWILER ...... NIGEL ...... MICHAEL GAFFNEY ...... BRIAN ...... MALCOLM GALLAGHER ...... KEELY ...... ANN GALLAGHER ...... TAMMY ...... S.J. GALLETTA ...... NEIL. GALLON ...... GRAHAM. GALPIN ...... RICHARD. GALZA ...... LOIS ...... COLETTE GAMMETER ...... STEPHAN ...... ROBERT GANNOT ...... GERSHON. GANTER ...... SYLVIE ...... A. GARAT ...... ELODIE ...... KRISTINA EMILIE GARCIA ...... FRANCISCO. GARDNER ...... CHRISTOPHER ...... RODWAY GARDNER ...... PATRICIA ...... MARY GARGANESE ...... GIORGIO. GARGOUR ...... JACQUES. GARIBALDI ...... STEPHEN ...... JOSEPH GARRAND ...... LISA ...... ANN GARRETT ...... MICHELLE ...... LOUISE GARRETT ...... SUSAN. GARSIDE ...... NICHOLAS ...... A. GASPARINI ...... GIORGIO. GASPARINI ...... LUCIANA ...... PODA GATFIELD ...... DENISE ...... M STEINER GAUTHIER ...... MARION ...... PAULINE TAQUOIS GAUTHIER ...... VINCENT. GAUVREAU ...... GASTON ...... G. GAUVREAU ...... GUDRUN. GAZAL ...... CEDRIC. GAZAL ...... CHARLES. GEELEN ...... ERIK ...... LOUIS GEFFEN ...... SAUL ...... B. GEIJER ...... ELIZABETH ...... ANN BYE GERARD ...... ALBAN ...... MARY GERBER ...... ROY ...... PETER GERRESE ...... JOHAN ...... W. GIBSON ...... JENNIFER ...... JEAN KINLOCH GIELEN ...... CHRISTA. GIELEN ...... GREGOR. GIL ...... CRISTIAN. GILARDINI ...... GAIA ...... CHARLOTTE GILBERTSON ...... GEORGIA ...... L. GILBERTSON ...... RICHARD ...... J. GIRARD ...... JENNIFER ...... RACHEL GIUSTINIANI-MILLS ...... JULIE. GLARE ...... MONICA. GLARE ...... PAUL ...... A. GLENDALE ...... JOAN ...... I. GO ...... KERWIN ...... C. GODFREY ...... SHIRLEY ...... E. GODREY ...... KELLY ...... C. GODFREY ...... GOLDBERG ...... LAWRENCE ...... CHARLES GOMEZ ...... MARTA ...... I. GOMEZ GIRALDO ...... BEATRIZ ...... L. GONG ...... MEI. GONZALEZ ...... ALEJANDRO. GONZALEZ ...... IVAN ...... J. GONZALEZ ...... M...... BARRON GONZALEZ ...... OSCAR. Goodman (nee Morgan) ...... Katherine ...... Anne Kyle GORIS ...... IISE ...... JOZEF MATILDA

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Last name First name Middle name/initials

GORSLINE ...... CARA ...... LEA A GOTTSCHALK ...... BRIAN ...... PHILIP GOULD ...... PHILIP ...... HENDRIK GRABSKI ...... ERIKA. GRABSKI ...... KARL ...... E. GRAHAM ...... JANE ...... E. GRAHAM ...... PETER ...... M. Graham Brims ...... David ...... Arthur GRAHAME ...... JUDITH ...... JOANNA GRANETT ...... DEBRA ...... J. GRANT ...... DANIEL ...... ALEXANDER SAMUEL GRANT ...... TANYA. GRAVES ...... ALIA ...... MARIE GRAVES ...... FIONA ...... MARIE GRAY ...... EMMA ...... JANE GRAY ...... VICTORIA ...... ANNE MARIE CHRISTOPHER GREEN ...... CAROLINE ...... MARGARET KVILJORD GREEN ...... RICHARD ...... F. GREENE ...... LAURA ...... VERONICA GREENE ...... MITSUKO. GREENE ...... THOMAS ...... MATTHEW GREGORY ...... EMMA. GRESZCZUK ...... BARBARA ...... M. GRETER ...... JURG JUERG. GREWING ...... DANIEL. GREY ...... CLARE ...... P. GRIFFITH ...... MICHAEL ...... JOHN GROSS ...... SEAN ...... PETER GROVER ...... CLIFFORD ...... JOHN GRUENER ...... MICHAEL. GSCHWENDER ...... SEBASTIAN. GU ...... CHUNGUANG. GU ...... FAN. GUBLER ...... JOYCE ...... PAIGE GUEUR ...... SEBASTIEN. GUGGER ...... EDITH ...... E. Guidi ...... Jan ...... Domenico GUILLOUX ...... SOLENE ...... GINETTE GUO ...... WANG ...... MEI CHI GUO ...... YING. GUPTA ...... AMITA. GUPTA ...... RAJIV. GUPTA ...... SAVIRA. GUPTA-MITTAL ...... NEETU. GUTH ...... BENJAMIN ...... JORDAN GUTJAHR ...... ROBERT ...... MICHAEL Guy ...... Lauren ...... Pauline HAAGENSEN ...... FRANK ...... D. HAASS ...... FRIEDERIKE ...... A. HAKIM ...... RICHARD ...... WALTER EMMANUEL HALL ...... BROCK ...... GRAHAM Hall ...... Edwards ...... Rufus HALLER ...... RICHARD ...... RAY HAMARD ...... MARIA ...... A. HAMARD ...... YVES ...... J. HAMILTON ...... EMMA ...... LEA HAMILTON ...... JOHN ...... PAUL HAMILTON ...... MARY ...... SUSAN Hammer ...... Richard ...... Earl HAMMOND ...... MARGARET ...... FAY HAN ...... SEONG ...... WEON HAND ...... ENCARNACION. HAND ...... JOANNE ...... BOBBIE HANSEN ...... ANNELOTTE ...... M. Hao ...... Yunpeng. HARD ...... RONALD ...... THOMAS HARDIN ...... CHRISTIAN ...... ALEXANDER HARDING ...... CHARLES ...... M. HARDING ...... ELISABETH. HARDING ...... JENNIFER ...... ANN HARDMAN ...... LAURA ...... ANN HARDY ...... KATIE ...... ANN HARRE ...... HORACE ...... R. HARRELL-BOND ...... DAVID ...... EDWARD

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Last name First name Middle name/initials

HARRIS ...... MARK ...... D. HARSONO ...... VINCENT VINCENTIUS ...... I. HART ...... MARY ...... CHRISTINE HARTNAGEL ...... TIMOTHY ...... FRANK HASEGAWA ...... MEGUMI. HASEGAWA ...... YOSHIYUKI. HASHIMOTO ...... KAZUO. Hattori ...... Kiyoshi. HAU ...... MARIA ...... LISA HAUER ...... RANDOLPH ...... N. HAUSER ...... THOMAS ...... JAMES OSCAR HAVEN ...... FRANCIS ...... RENE HAYMET ...... ANTHONY ...... DOUGLAS JOHN HAZELHOFF ...... HENK HENDRIK ...... L. HAZELHOFF ...... INGRID ...... M.E. HEFFERNAN ...... CHERYL ...... A. HEFFERNAN ...... ROBERT ...... J. HELG ...... MARKUS ...... R. HELLER ...... JESSICA ...... LYNN HELMICK ...... DORA. HENCK ...... JAN-OLAV. HENNING ...... GRAHAM ...... KEITH HERBERT-SMITH ...... MARTYN ...... GILROY HERER ...... ARNOLD. HERMAN ...... SARAH ...... LEA HERR ...... KENNETH ...... SCOTT HERRAN ...... SEBSTIAN ...... CHARLES EDWARD HERRY ...... ROMAIN. HERTOG ...... FRANCINE ...... ELISE DEN HESS ...... CHRISTINA. Hetherington ...... Joyce ...... Ann HETZ ...... LINDA ...... C. Hewlett ...... Helena ...... Theodora HEWSON ...... MARION. HEYSE ...... SARA ...... K. HIBBS ...... ELSA ...... LORETTA KAMYRE HIGA ...... FUMI. HIGA ...... YOSHIMITSU. HILL ...... LAURENCE ...... C. HILL ...... SIJGJE ...... J. HILLEN ...... JAN ...... DANIEL HILLIER ...... JOHN ...... H. HILLIGES ...... KLAUS-DIETER. HINDERMEYER ...... ANDREW ...... WILLIAM HINRICHS ...... CHRISTOPHER ...... LEE HIOKI ...... HIDETAKA. HIRANO ...... MIKITO. HIRATO ...... AKIO. HIRATO ...... TERUKO. HISAEDA ...... MIHO. HISAEDA ...... SHUJI. HIXSON ...... SHANE ...... RYAN Hoedemaker ...... John Robert ...... Rients HOERSCH ...... SEBASTIAN. HOFMAN ...... CATHERINE ...... DIANA HOFSTADLER ...... PATRICK. HOGARTH ...... KATHERINE ...... MONICK HOGUE ...... MIDORI. HOHL ...... URSULA ...... MARIA HOLDEN ...... PERI ...... ATAMAN HOLLANDS ...... JAN. HOLLENBECK ...... CHRISTOPHER ...... MARK HOLLIS ...... ALISON ...... ELIZABETH HOLM ...... ARNOLD. HOLROYDE ...... DENISE ...... M. HOLROYDE ...... JOHN ...... K. HOLZER ...... LILLIAN ...... M. HOMMEL ...... HANS ...... G. HOMUNG ...... VERONIQUE ...... JENNIFER JOAN HONG ...... HEA ...... RA HONG ...... SUJIN. HOPE ...... AMBER. HORAN ...... AVSHALOM. HORIKOSHI ...... NOBUKO.

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Last name First name Middle name/initials

HORLICK ...... SIMON. HORNE ...... SANDRA. HORNG ...... JENG ...... SHIUANN HORNIK ...... YONI. HORSWILL ...... AMANDA ...... C. HOTCHKISS ...... AMY ...... LOUISE HOUGH ...... SABINE ...... F.O. HOURANI ...... FAYEK ...... S. HOVAGUIMIAN ...... CATHERINE. HOW ...... EDITH. HOW ...... PETER ...... C. HOWARD ...... AUDREY ...... R. HOWARTH ...... CHRISTOPHER ...... PETER WILLIAM HOWES ...... BRYNA. HOWIE ...... ELIZABETH ...... ANTONIA Hsiao ...... Jing-Jing. HSU ...... HAO-FENG. HSU ...... JEN ...... DA HSU ...... LING ...... YUN HSU ...... MEI-HSIU. HSU ...... SHIH-FEI. Hsu ...... Wei ...... Hsuan Hu ...... Howard. HUANG ...... CHI-CHUAN. HUANG ...... HAI. HUANG ...... HUNG-HIS HUNG-HSI. HUANG ...... JIA-HONG. HUANG ...... JIAN ...... CHENG HUANG ...... JIASHENG. HUANG ...... KUANG ...... HUI HUANG ...... PATRICK. HUANG ...... SHECI. HUANG ...... SIN ...... CHEN HUANG ...... TAMMY. HUANG ...... YU-CHEN. HUBER ...... ERIK ...... DANIEL HUBER ...... NICKLAUS ...... HANS HUDSON ...... PAMELA ...... M. HUELCK ...... KATHRIN. HUGHES ...... KATHRYN ...... RHIAN HUGHES ...... RITA ...... A. HUNG ...... LING-CHUN. HUNTER-JONES ...... JAMES ...... PATRICK HURFORD ...... RACHEL ...... MARGARET HURLBURT ...... OLIVE ...... MARIE HUSTERT ...... SEBASTIAN ...... JOHN HUSTING ...... STEVEN ...... JOSEPH HUTTON ...... JOHN ...... JOSEPH HUTTON ...... LORRAINE ...... M. HWANG ...... YOUNG ...... H. IBSEN ...... NORA ...... BERGLIOT ICHIKAWA ...... ATSUKO. ICHIKAWA ...... HIROSHI. ICHIKAWA ...... TAKAKO. IIYN ...... DAVID ...... ANDREW IKAI ...... MASATO. IKAI ...... YOSHIKO. IM ...... SUZY. IMHASLY ...... MICHEL. INAMI ...... CHIEKO. INAMI ...... SHUJI. INOUE ...... MAYUMI. INOUE ...... YUKI. INUZUKA ...... SADASHI. IONESCU ...... ANGELA ...... VENERA IONESCU ...... NICU. IP ...... WING ...... PING SANDY IRANI ...... ZUBIN ...... J. IRVING ...... KATHY ...... SUE ISHIHARA ...... YURI. ITO ...... TAKASHI. ITZKOVICH ...... JUDITH ...... SIEGEL IVANYI ...... KATALIN. IWAMURA ...... NOBUKO.

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Last name First name Middle name/initials

IWASAKI ...... YOSHIHISA. IWASAKI ...... YURIKO. IYER ...... INDUBALA ...... V. JABER ...... JAD ...... RABAH JACOBSON ...... CHRISTINE. JACQUET ...... VERONIQUE ...... MARIE JAENCHEN ...... NICOLE ...... C. JAENCHEN ...... TOBIAS. JAMES ...... SHAUN ...... PATRICK JANES ...... HILLARY. JAOUEN ...... MARION. JAROSSI ...... ROBIN ...... VINCENT JARRETT ...... JOHN ...... D. JARRETT ...... MADONNA ...... L. JAYA ...... YANTO. JEFFERIES ...... PAMELA ...... Z. JENKINSON ...... GEORGE ...... ANTHONY SAMUEL BANKS JENSEN ...... FRANCES ...... ELAINE JENSEN ...... JOHN ...... TILLOTSON JENSEN ...... MARGARET ...... STONG JENSTER ...... CARL ...... CHRISTIAN VILLENDRUP JEON ...... WON ...... KYUNG JEWEL ...... YOKO ...... H. JEWITT ...... SAM ...... OLIVER JHALA ...... PRADHUMAN. JHIN ...... JOANN ...... EUN YOUNG JIANG ...... HONG. JIN ...... JING. JING ...... QI. JOGGI ...... JOELLE ...... KIMBERLEY JOHNSON ...... ADAM. JOHNSON ...... KODY ...... LAYNE JOHNSON ...... MARGARET ...... A. JOHNSTON ...... STUART ...... G. JONES ...... BENJAMIN ...... MARTIN JONES ...... JENNIFER ...... S. JONES ...... JENNY ...... VIRGINIA JONES ...... JONATHAN ...... CHARLES KVILJORD JONES ...... MARILYN ...... GAIL KVILJORD JONES ...... MAURICE ...... ANTOWAUN JONES ...... NEIL. JONES ...... RHIAN ...... H. Jonkman ...... Julie ...... Ann JORDAN ...... MADILYNN ...... A. JORDAN ...... MARY ...... ANN JORO ...... TARJA. JOSEPH ...... ANAIS ...... VIOLETTE JOYCE ...... JOHANNA. JU ...... JIANDONG. JUDEAUX (BERNARD) ...... SYLVIANE. JULIEN ...... LAURA ...... ELISABETH JULIEN ...... MATHIEU. JUN ...... MI ...... YUNG JUNG ...... DANIEL ...... PARK JUNG ...... HSIAO ...... MEI KACHRA ...... ARIFF ...... M. KAEGI ...... RAPHAEL. KAHYA ...... SAMI ...... ARI KAKIHARA ...... NORIE. Kalin ...... Kathleen ...... Dorothy KAMAT ...... PRIYA ...... RUKMINI KAMEDA ...... TOMOKO. KAMINSKI ...... ALEXANDRA. KAMPHAUSEN ...... ALISA. KANAGAWA ...... FUMIHIKO. KANDA ...... JUNKO. KANEKO ...... EMI. KANEKO ...... YASUKO. KANETA ...... MITSUYO. KANG ...... DAE ...... JIN KANG ...... JINOK ...... KIM KAREKIAS ...... CHRISTINA. KARINO ...... SACHINKO. KARINO ...... TOMOHIRO.

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Last name First name Middle name/initials

Karlson ...... Jeffrey ...... Scott KASAHARA ...... AKIKO. KASBERGEN ...... JOHANNUS ...... CORNELUS MARIA KASTNER ...... DILLION ...... GABRIEL KATCHALUBA ...... MARIA ...... CRISTINA Kates ...... Stephanie ...... Rebecca KATZ ...... JUDITH ...... MARGARET KATZ ...... SAMSON ...... ROBERT KAUSHAL ...... BALINDER ...... KRISHNA KAVURI ...... RADHIKA ...... RANI KAWA ...... HIROSHI. KAWA ...... JUNKO. KAWAMURA ...... HIDEKO. KAWAMURA ...... TAKEO. KAZI ...... MUSHARAF ...... S. KAZI ...... NABILA. KAZI ...... ZARA ...... M. KEARNEY ...... CATHERINE ...... A. KEARNEY ...... MARYANNE ...... KAREN KEIGHTLEY ...... Alexander ...... James KEIJER ...... NINA ...... MARCHIEN KEIJER ...... THOMAS ...... BEREND KEITH-KING ...... SHERRY ...... MEREDITH KEK ...... YOKE ...... MENG KELLO ...... ESTEBAN. KELSEY ...... KAORU ...... O. KENNEA ...... YVONNE ...... MARGARET KENNEDY ...... ALEXANDER ...... JAMES KERSTEEN ...... GRIZELDA ...... SARAH KERZINGER ...... ROLF ...... PETER KESHAVARZ ...... PEDRAM. KESLER ...... OLIVERA ...... ELIZABETH KFOURY ...... MARCEL. KHADER ...... NAIM. KHALID ...... ABDUL-AZIZ. KILBANE ...... CAROLINE. KILBANE ...... MICHAEL ...... GERARD KILLEWALD ...... SIDNEY ...... MAYA KILLIAS LEUTWILER ...... LORETTA ...... MARIA KIM ...... CHRIS. KIM ...... DUCK ...... JU KIM ...... HEATH. KIM ...... HYUN ...... SOO KIM ...... HYUNSOO. KIM ...... JAMES ...... TAE YUN KIM ...... JEONG ...... MEE KIM ...... JESSICA ...... HYO-JUNG KIM ...... JIYOUNG. KIM ...... SANG ...... KYOM KIM ...... SOON ...... HEE Kim ...... Woo ...... Sung KIM ...... YONG ...... WON KIMURA ...... MIHOKO ...... KATHARINE KINDLER ...... NORA. KINDLER ...... THOMAS. KINKELA ...... DANIEL. KINRADE ...... CLIVE ...... V. KINRADE ...... MHAIRI. KIRCHHOFFER ...... TAREK-FABIAN. KIRKBRIDE ...... GORDON. KIRKPATRICK ...... TOMOKO ...... U. KITAGAWA ...... MASAHISA. KITAGAWA ...... YOKO. KITAMURA ...... SAKAE. KITANAKA ...... MIYEKO ...... RUTH KITCHENER ...... ANTONY ...... M. KJELSRUD ...... HANS ...... C. KLASSEN ...... JOANN ...... ELAINE KLEE ...... SIMONE. KLEIN ...... THERESA ...... CHRISTINA MICHAELA KLEINSTUECK ...... DOMINIK ...... MARIUS KLINE ...... SALLI ...... JANE KLINGELHOFER ...... ANGELIKA. KNATCHBULL ...... AMBER ...... DIANA PATRICIA

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Last name First name Middle name/initials

KNATCHBULL ...... MILO ...... COLUMBUS JOHN KNATTEN ...... HANNE. Knight ...... Craig ...... Randall KNORR ...... CORI ...... ANNE KO ...... NAI-WEN. KO ...... TAEWOONG. KO ...... TAK ...... YAN ANSON KOCHER ...... SORAYA. KOEDA ...... YUKO. KOEHL ...... STEFAN ...... LEWIS KOENIG ...... BERNARD ...... PAUL KOENTGEN ...... BIANCA. KOIVUMAKI ...... LIISA ...... HANNELE KOIZUMI ...... MITSUYA. KOIZUMI ...... NAOMI. KOLENDA ...... PAUL ...... JAMES KOLIVARIWALA ...... SHIREEN. KOLLINTZAS ...... EVANGELOS. KON ...... SHINTARO. KOPPEL ...... RICHARD ...... MARTIN KORDA ...... CEDRIC ...... JAMES KOREEDA ...... RIKA. KOTANI ...... KAXUO KAZUO. KOTANI ...... YASUKO. KOTILAINE ...... JENNIFER ...... BAKER KOURANOV ...... FEDOR ...... N. KOURANOVA ...... ALEXANDRA ...... A. KOWING ...... HWAY ...... ZEAN KRAG ...... ANDREW ...... GEORGE SEVERIN KRAL ...... TOBI ...... V. KRAMME ...... ANNABELLE. KRAUTHAMMER ...... MICHAEL ...... O. KRAWITZ ...... MARTIN ...... A. KREMENLIEV ...... GEORGI ...... VESSELINOV KREMER ...... HERMAN ...... ALEXANDER GEORGE KRENN ...... RICHARD ...... J. KRIEGER ...... RALF. KRIJGSMAN ...... HENRIETTE ...... TAETSKE JOHANNA KROL ...... WOJCIECH. KRONENTHAL ...... MELISSA. KROTO ...... MARGARET. KROTO (DECD 4/30/16) ...... HAROLD ...... W. KRUEGER ...... KIMBERLEY. KUCHER ...... TRENT ...... S. KUDO ...... AYUMI. KUIJTEN ...... JOHN ...... P. KUIPER ...... ESGO ...... TACO KUMAR ...... SANJEEV. KUNDE ...... KIRSTEN. KUNKEL ...... PATRICIA ...... MARIE KUNZ ...... ALEX ...... ANDREW KUROKWA KUROKAWA ...... TORU. KUTSUKAKE ...... NAOKO. KUTSUKAKE ...... YOSHIHIKO. Kwan ...... Christen ...... Lee LA FORTUNE ...... MICHELLE. Lacaze ...... Brigitte. LACHANCE ...... MARIE-CLAUDE. LACK ...... YUKO. LACOMA ...... YOLANDA. LACY ...... MARGRIET ...... B. LADAGE ...... ANGELIQUE. LADEBAT ...... LIONEL ...... JOSEPH LAEDERICH-MCALEE ...... LIOUBA ...... JEANETTE LAENGRICHT ...... DIRK ...... FRITZ LAFFERTY ...... CALLUM. Lai ...... Chung ...... Fat LAI ...... SHENG. LAIDLAW ...... FERGUS ...... RICHARD PLAYFAIR LAING ...... DONALD ...... G. LAKE ...... TOVE ...... E. LAKIN ...... ERIC ...... DANIEL L’ALLEWMAIN ...... VIRGINIE ...... CAROLINE LAMARE ...... STEVEN ...... EDWARD

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Last name First name Middle name/initials

LANG ...... SYLVIA ...... H. LANGFORD ...... WILLIAM ...... BENEDICT LANKENAU ...... ROBERT. LANNOY ...... GUY ...... GERALD LAO ...... BAOMU. LAOHAVALEESON ...... EKARAT. LARDON ...... NICOLE ...... EVELINE LARRETT ...... ANNE ...... CATHERINE LARRINAGA ...... MARTA ...... BEATRIZ LARSEN ...... HANNE ...... PICO LASBY ...... KATHERINE ...... TAYLOR LASNET ...... CECILY. LATRY ...... CAROLE ...... LYNN LATRY ...... CORINE ...... EMILY LAU ...... JOEL ...... KAI-XIANG LAU ...... KIN ...... N. LAUDIEN ...... ANDREA ...... M. LAURENT ...... CLAIRE ...... FRANCOISE GENNY LAURIE ...... AVRUM ...... STEPHEN LAVANCHY ...... ZACHARY ...... ALEXANDRE LAWRENCE ...... DANIEL ...... PAUL LE COENT LASRY ...... VIVIANE. Le HYARIC ...... BRIGITTE. LEA ...... ANDREW ...... PAUL LEA ...... ERIN ...... JULIANA LEASK ...... IAN ...... C. LEBRUN ...... PAUL ...... A. LECLERC ...... DENIS. LEE ...... ALEXANDER. LEE ...... BYEONG ...... H. LEE ...... CAROL ...... S. Lee ...... Chi ...... Won LEE ...... CHI-YU ...... GREGORY LEE ...... CHRISTOPHER ...... JIA YAN LEE ...... CHUNG ...... ON LEE ...... ERIN ...... SUE HYUN LEE ...... IN-JIN. LEE ...... JACQUELINE. LEE ...... JEAN. Lee ...... Jeong ...... Ae LEE ...... JUNGSIM ...... K. LEE ...... MYUNG ...... J. LEE ...... SHIH-CHANG. LEE ...... SOYUN. LEE ...... YONG ...... HO Lee ...... Yoomi. LEECH ...... ROBERT ...... H. LEFEBVRE ...... LIONEL. LEFEBVRE ...... MICHELE ...... ALINE LEITE ...... ANA ...... LUISA LEJINS ...... ILMARS ...... ATIS LEMMON ...... TIMOTHY ...... R. LEPATSKI ...... CATHERINE. LEQUOY ...... EDMEE ...... LAURENCE LERNER ...... ELISABETH. LEROY-TURMEL ...... CHARLOTTE ...... GERMAINE LESUR ...... MARINE. LETAC ...... CHRISTOPHE ...... STANLEY LETOURNEUR ...... DIANE. Leung ...... Tiffany. LEUNG ...... VICKY ...... W. LEVERSHA ...... SIMON ...... D. LEVI ...... GEORGE. LEVIN ...... MARTIN. Levitt ...... Ian ...... Michael LI ...... JIAN. Li ...... Kim ...... Pang LI ...... QIAN ...... QI LI ...... Tzu ...... Chun LI ...... WING ...... YING H LI ...... XING. LI ...... XING. Li ...... Yinghao. Li ...... Yinghao.

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Last name First name Middle name/initials

LIANG ...... CHENG-PO. LICHTSTEINER ...... BENNO. LIEB ...... CHRISTOPHER ...... E. Lightburn ...... Jeffrey ...... Thomas Lightburn ...... Patricia ...... Mary LIM ...... ALLAN ...... M. LIM ...... ISELER ...... YING CHEY LIM ...... NAOMI ...... SHI-NING LIN ...... HAIFENG. LIN ...... HIS-YI HSI-YI. Lin ...... Jerry. Lin ...... Johnson ...... Loong Hsien Lin ...... Michael ...... C. LIN ...... SHYR-YI. Lin ...... Winy ...... Yuan Yin LIN ...... Y.L...... ALLIX LIN ...... YIMIN. LINDNER ...... NADJA ...... MARIA LINDSTROM ...... LARS ...... M. LINGHORN ...... ERIKA ...... BRONWYN LIPPINCOTT ...... ANJA. LISKA ...... MANFRED ...... R. LIU ...... ANGELINA ...... Y. LIU ...... CHANG-CHU. LIU ...... DE ...... JIN LIU ...... MING-HSING. Liu ...... Samuel ...... Muhsuan LIU ...... TIANWEN. LIVINGSTONE ...... DANIELA. LIVIUS ...... RONALD. LO ...... KWOK ...... CHUEN STEPHEN LOCHERY ...... EMMA ...... CHARLOTTE LODEWIJK-HAKKER ...... SANDRA ...... LOUISE LOGALBO ...... AMY ...... ELIZABETH LOGIE ...... SUSAN ...... P. LOHR ...... BERTRAM. LOHREY ...... YUKA ...... M. LOOI ...... REUBEN ...... WEN YI LORCH ...... JOSHUA ...... MORDECHAI LOSEV ...... DOLLY. LOTTERER ...... ALEXANDER. LOU ...... LIAN ...... HWEE LOUAHEMMSABAH ...... NASRUDDINE. LOVE ZEJDL ...... BRENDA ...... BILLINGS LOVERING ...... GAIL. LOVERING ...... ROBERT. Low ...... Celestee ...... Wan Xin LOZACHMEUR ...... DIDIER ...... RENE LU ...... JUWEI. LU ...... WEIMING. LUBBOCK ...... JULIUS ...... ALAN LUCAS ...... ROSALIE ...... ELAINE LUCAS ...... WINSTON. LUCKE ...... ANDREA ...... SUZANNE LUDER ...... PHILIPP ...... RETO LUIJK ...... AUTUMN ...... VICTORIA SANNIE-LISA LUNDBERG ...... SOPHIA. LUO ...... FUYUE. LUSCOMBE ...... JANE. LUTES ...... MARTIN ...... FRANCIS LYBY ...... KNUT. LYMAN ...... MICHEL ...... PATRICK LYNCH ...... Mindy ...... Suzanne MA ...... YUNG ...... CHEN LU MACARTHUR ...... FAITH ...... ANGELA MACAULAY ...... BRUCE ...... H. MACAULAY ...... FANE ...... ELIZABETH MACAULAY ...... JOCELYN ...... E. MacDonald ...... Frank ...... Alan MACDONALD ...... JOAN ...... S. MACDONALD ...... MARCUS ...... CLIVE MacDONALD ...... ROSEMARY ...... DARLINGTON MACLEAN ...... IAN ...... LOWRY COLE MADER ...... ALEX ...... EMANUEL

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Last name First name Middle name/initials

MADURO ...... MICHAEL ...... JOHN MAEDA ...... TEINA. MAEKAWA ...... YAICHIRO. Magee ...... Pamela ...... Ann MAGNANI ...... ENRICO. MAHEUX ...... ANNE ...... FRANCES MAHONY ...... JILL ...... LOUISE MAING ...... MINJUNG. MAJEAU-BETTEZ ...... MARIE-LOU. MALLACE ...... DEBORAH ...... JANE MALLADI ...... RAGHAVENDRA. MALTBY ...... GEORGE ...... CHRISTOPHER WILLIAM MALTBY ...... RACHEL ...... ELIZABETH MANGALGIRI ...... VICKRAM. MANKTELOW ...... JAMES ...... DAVID RICHARD MANKTELOW ...... LUCY ...... EVELYN MANNING ...... ERIK ...... GEOFFREY CYRILLE MANZKE ...... ROBERT. MAPSTONE ...... CATHERINE ...... EMMA MARAVAL ...... LAURENCE ...... I. MARHOLEV ...... BOJKO ...... F. MARINUSSEN ...... LISBETH ...... ELLEN MARKERINK ...... ROBERT ...... GERHARD MARKS De CHABRIS ...... LIONEL. MARKS-MARAN ...... DIANE ...... JOY MARQUEZ ...... EILEEN ...... MARIE MARRIS ...... MARTIN ...... D. MARSHALL ...... ESTHER ...... MONIQUE MARSHALL ...... HENRY. MARSHALL ...... KRISTIN. MARSHALL ...... LEONIE. MARTEL ...... PAOLO ...... ROBERTO MERCADO MARTIN ...... JOANNA ...... ELIZABETH Martin ...... Lauren ...... Susan MARTIN ...... YVES ...... GASTON MARTIN-BUSUTIL ...... RAMON. MASON ...... MARJORIE. MASON ...... PHILIP ...... J. MASSAGUE ...... GERARD. MASSIER-HOONHOUT ...... NICOLE. MASTROPRIMIANO ...... DAMIEN ...... M. MATHER ...... DAVID ...... ANDREW MATHES ...... BETTINA ...... E. MATSUDA ...... NAOKO. MATSUDA ...... REIKO. MATSUDA ...... YOSHIHISA. MATSUI ...... AKIRA. MATSUI ...... KAYOKO. MATSUI ...... SEIICHI. MATSUI ...... SHIGERU. MATSUO ...... MASAYUKI. MATTEINI ...... ARTHUR. MATTELAER ...... PIETER ...... A. MATTHEWS, JR ...... ROBERT ...... BOWMAN MATTHIESEN ...... RUTH. MATTICE ...... MAKIKO. MATTIE ...... JOHANNE ...... LIETTE MATTSON ...... JAMES ...... ROBERT MAUBOURGUET ...... VIRGINIE ...... FLORENCE MARIE MAXRATH ...... LARS-OLAF ...... MICHAEL MAY ...... ANDREW. MC Sorley ...... Wayne ...... Patrick MCCABE ...... BRIAN. MCCALL ...... STEPHANIE ...... MARIA McCullogh ...... Craig. MCDERMOTT ...... CATHERINE. MCDONALD ...... THOMAS ...... ALEXANDER MCDOUGALL ...... TERHI. MCEACHERN ...... BEVERLY. MCGILL ...... BEVERLY ...... J. MCGILL ...... JESSIE. MCGILLVREY ...... IAN ...... MICHAEL MCGREGOR ...... LINDA ...... DARLENE MCGUIGAN ...... MARY ...... L.

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Last name First name Middle name/initials

MCGUIGAN ...... MITCHELL ...... W. MCINTOSH ...... RYOKO. MCINTOSH ...... STUART ...... J. MCKAY ...... ANDREW ...... JAMES MCKAY ...... BARBARA ...... J. MCKELLAR ...... BRUCE ...... D. McKenny ...... Patricia ...... Rae MCKENZIE ...... CAROL ...... A. MCKENZIE ...... WILLIAM ...... G. MCLEOD ...... DARLENE ...... G. MCPHERSON ...... JOHN ...... R. McQUAID ...... KELSEY ...... PAULINE MCRAE ...... SHAUN ...... DAVID MCSORLEY ...... WAYNE ...... PATRICK MEES ...... ALISTAIR. MEES ...... PAMELA. MEESSEN ...... BRUNO. MEHROTRA ...... PRAVEEN. MEIER ...... NATHANAEL ...... ELIAS MEIKLE ...... GRACE ...... KAY MEINCKE ...... FRANK. MELLOR ...... FARRIS ...... SCOTT Melvin ...... Reine ...... Marie MENDEZ ...... GLORIA ...... P. MENEZES ...... DOMINGAS ...... T. MENGES ...... JUDITH ...... ANN MENON ...... RAGHUNANDAN ...... S. MERCIER ...... ELISE. MESCHELOFF ...... ELI ...... YEHUDA METAXES ...... VICTORIA ...... ELIZABETH METCHEV ...... STANIMIR. METELIK ...... IRENE ...... ARUNATI MEYER ...... FELIX. MEYER ...... MICHAEL ...... THOMAS Meyrat-Schwoerer ...... Elizabeth ...... Katherine MIAU ...... TSONG-TSONG. MICKLER ...... ELAINE. MIDDENDORP ...... RUDOLF ...... F. MIDMER ...... ALICE ...... ELIZABETH MIGNOT ...... YVELINE ...... ROGINE MIHOK ...... RADOSLAV. Mikee ...... Luka. Mikucki ...... Edward ...... Joseph MILLER ...... JANET ...... KAY MILLIKEN ...... EMMA ...... LOUISE MILNER ...... MARK ...... SIMON MINASSIAN ...... JACQUELINE ...... GRACE GABRIELLE CARDINALE MINEMATSU ...... SUMIKO. minematsu ...... toshiyuki. MINNEY-MCDOUGALL ...... FRANCES ...... L. MINNIS ...... ALASTAIR ...... J. MINNIS ...... FLORENCE. MINTON-BEDDOES ...... SUSAN. MIRANDA ...... NICK ...... SANDRO MIRO ...... ADRIAN. MIRON ...... DAVID ...... J. MIRON ...... LAURA ...... E. MIRRIONE ...... ALESSANDRO. MISAWA ...... YUKIKO. MISLIN ...... JONAS ...... RENE MITCHELL ...... PETER ...... JAMES MITCHELL ...... VIOLAINE ...... SUSAN MITSUISHI ...... AKIO. MITTAL ...... ANURAG. MIURA ...... ISAMU. MIYAZAKI ...... HIROSHI. MIZRAHI-MELLER ...... EMILY ...... SARAH MIZUTANI ...... AYANA ...... STEPHANIE MIZUTANI ...... SAYURI. MODLER ...... CHANTAL ...... MICHELLE Moeller ...... Pernille Joy ...... Rosenstand MOELLER-TELICSAK ...... SHAULA ...... ELANOR MOGHADASSI ...... RAMYAR. MOHNING ...... TYLER ...... ALAN

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Last name First name Middle name/initials

MOK ...... Young ...... Mee MOLESKI ...... TIMOTHY ...... L. MOLLET ...... BERTRAND. MOLLET ...... JULIE ...... B. MOLLOHAN ...... TODD ...... JAMES Molloy ...... Scott ...... Lindon MOLNER ...... NICOLLE ...... ELIZABETH MOLONEY ...... EMILY ...... CLARE MONKHOUSE ...... PETER. MONTGOMERY ...... TONY ...... KEVIN MOORE ...... DAVID ...... KENNETH MOORE ...... GRAHAM ...... J. MOORE ...... ROBERT. MOORHOUSE ...... JOHN ...... PATRICK MOORHOUSE ...... JULIA ...... HALLE MORAD ...... OSMAN ...... T. MORGAN ...... ANTHONY. MORI ...... MIYUKI. MORITA ...... KOICHIRO. MORITA ...... MACHIKO. MORLINI ...... VINCENZO. MORRIS ...... ERICA ...... R. Morris ...... Jacqueline ...... Clara MORRISON ...... KATHRYN ...... CECILE Morse ...... Bradford ...... Wilmot MORTON ...... HOLLY. MORVAN-STREETER ...... EMILIE. MORY ...... LUCIE-FAYE ...... MAITE JEANNE Mosko ...... Cheyenne ...... Sheena MUELLER ...... ANDRE. MUELLER ...... MAYA ...... ALENA MUELLER ...... MICHELE ...... GABRIELE MUELLER ...... ROMY ...... FAYE MULDER ...... IRIS ...... WILHELMINA MULLER ...... CHARLES. MULLEY ...... RANDOLPH ...... EDLAND MULRONEY LAPHAM ...... CAROLINA ...... ANNE MUNCH-HANSEN ...... BENEDICTE. MUNN ...... FRANCES ...... ELIZABETH SHAPIRO MURAKAMI ...... EIKO. MURAKAMI ...... KAZUTAKA. MURALIDHAR ...... SRIKANTAIAH. MURAOKA ...... ISAO. MURAOKA ...... TOMOKO. MURDEN ...... GAIL ...... GRINNELL MURPHY ...... NATALIE ...... ELIZABETH MURRAY ...... ANNETTE ...... LOUISE MURRAY ...... DANA ...... SCOTT MURRAY ...... HELEN. MURRAY ...... JACK ...... ANTHONY MUSTERS ...... REINIER ...... MICHAEL MUTZKE ...... ANNE-CATHERINE. NABI ...... KAUSAR. Nadeau ...... Richard ...... Walter NAEF-GRAF ...... REBEKKA ...... LILIANE NAGAHISA ...... AKEMI. NAGAHISA ...... SHINZO. NAGAMINE ...... KENTARO. NAGAMINE ...... SHOTARO. NAGARAJAN ...... R.. NAGASE ...... YOKO. NAGATA ...... SATOSHI. NAHAS ...... MAY-GRACE ...... MARIE NAKAJIMA ...... HIROKI. NAKAJIMA ...... JUNKO. Nakano ...... Ryo. NAKAYASU ...... SAWAKO. Nam ...... Nam ...... Young Park NANAVATI ...... ANUJ. NASH ...... JOAN ...... I. NASSOS ...... ANNELISE ...... KATHY NATH ...... MEENAKSHI. Navarria ...... Jude ...... Thomas Kleila NAYAR ...... ANJEETA ...... RAGHU

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Last name First name Middle name/initials

NEAGU ...... CLAUDIA. NEAR ...... KAORI ...... KOSHINO NEGRETTI ...... RAFFAELLA. NELSON ...... KARLA ...... ELLEN NEMO MALERBRA ...... MARIE-AUDE ...... JEANNE NEMOTO ...... KENTARO. NESBIT ...... DAVID. NESTOR ...... SARA ...... E. NEUMAN ...... MICHAEL ...... EDWIN NEUMAN ...... SHIRLEY ...... ANN Newbatt ...... Victoria ...... Marie NEWHOUSE ...... NANCY ...... JOANNE NGUYEN ...... DAVID ...... LAURENT VI-HUNG NI ...... JINLEI. NICE ...... BRIAN ...... E. NICHOLS ...... VALERIE ...... JOY Nickell ...... Rebecca ...... Joaquina Arango NICODEMUS ...... ANNE ...... HERRICK NICOLAS ...... LUCILLE ...... SARAH Niem ...... Grace. Niem ...... Lena. NIKKEL ...... CELESTE ...... C. NIKKEL ...... RONALD ...... W. NIKOLOV-MEYER ...... CHRISTINE ...... ELIZABETH NISHAR ...... DEVANGI. NISHIDA ...... YOSHIKAZU. NISHIKAWA ...... KUNIHIKO. NISHIKAWA ...... SHIHOKO. NITSCHE ...... VALERIA ...... SUSANN NODA ...... HIROYUKI ...... KAZUMA NOFF ...... AYELET ...... KEREN NOIRAT ...... DAVID ...... BRIAN NOLAN ...... JANE ...... C. NORMAN ...... JAMES ...... A. Nottingham ...... James ...... Webster NOVOVESKA ...... LUCIE. NUMATA ...... AKIRA. NUMATA ...... KUNIKO. NUNES ...... LAURA. NUNES ...... QUINTINO ...... M. OBRIST ...... JURG. O’DONNELL ...... JACQUELINE. O’DONNELL ...... SHARON ...... DENISE OEST ...... OLE ...... NYBYE OGRYZLO ...... MICHAEL ...... STEPHEN OGURA ...... MINEKO. OH ...... TAEKYUN. OHARA ...... KOJI. OHGA ...... MASAATSU. OHLER ...... UWE. OIEN ...... NANCY ...... C. OKAMURA ...... TAKASHI. OKUNO ...... HIROKO. OKUNO ...... YASUO. OLIVER ...... ANTONY ...... PETER OLIVER ...... JOHN. OLIVER ...... PAULINE. O’MAHONY ...... CATHAL. O’MALLEY ...... BRIAN. OMURA ...... NORIYUKI. OMURA ...... RUKA. OMURA ...... TAKESHI. ONG ...... CHIN-KAI. ONO ...... MIEKO. ONO ...... NORIKO. OOSTERHOUT ...... ROLAND ...... M. OOSTERVEER ...... PETRUS ...... W. OP DEN CAMP ...... LEONARDUS ...... ALOYSIOUS MARIA ORFALY ...... ROLAND. ORHAN ...... HALIL ...... M. ORTIZ ...... ALONSO. OSORIO ...... BRYAN ...... JUSTIN O’SULLIVAN ...... MARY ...... A. OTEVREL OTEVEREL ...... GABRIEL.

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Last name First name Middle name/initials

OTO ...... ARATA. OTTO ...... PETER ...... FRANK OUYANG ...... HAIYAN ...... H. OXFORD ...... DAVID ...... CHARLES GUY OZSAHIN ...... ESAT ...... MAHMUT OZUPEK ...... CANAN. OZUPEK ...... GOKMEN. PAGNUCCO ...... DAMIANA. PAGURA ...... JINA ...... ELAINE PALIDIS ...... ANASTASIOS. PALIDIS ...... SUSAN ...... E. PALISCA ...... ANDREA ...... GIUSEPPE PALM ...... NICOLAI ...... MAXIMILIAN PALMER ...... SHAYNE. PALTZER ...... ROLF ...... ALLAN PAN ...... PENGKAI. PANESAR ...... SONIA ...... K. PANGBORN ...... ANTHONY ...... ROBERT PARK ...... DONGUK. PARK ...... MI ...... JIN PARK ...... NA ...... HYUN PARK ...... SANG ...... M. PARKER ...... MORGAN ...... A. Parker ...... Nancy ...... Helen PAS ...... DARAT. PASCHOALINI ...... FRANK ...... E. PATEL ...... RAVI. PATEL ...... RHISHI. PATEL ...... RIDDHI. PATTEN ...... SHEENA ...... L. PATTERSON ...... KIRK ...... RUSSELL PAWLEY ...... JAMES ...... BINFIELD PEASE ...... THOMAS ...... G. PECOVER ...... LUCY. PECOVER ...... WILLIAM ...... G. PEDERSON ...... LONE ...... MORCH PEE ...... GIM ...... NEE PEER ...... MORDECHAI ...... MATT PEETZ-REZVANI ...... SABINE ...... C. PEH ...... LI-SHIUAN. PEHRSSON ...... NICOLE ...... MARIE PEIJS ...... JASPER ...... A. PEIRCE ...... JOHN ...... WENTWORTH PEKONEN ...... MIKKO ...... J. PEMBERTON ...... SAM ...... W.D. PEMBERTON ...... SUSAN ...... V. PENG ...... JIE. PENINON ...... CAMILLE ...... MARIE PENNYCOOK ...... STEPHEN ...... J. PEPPAS ...... BESSIE. PEPPER ...... JASON ...... MEREDITH PEREIRA ...... JOAOPAULO ...... R. PEREZ ...... GARRETT ...... FOSTER PEREZ ...... MARIA ...... G ACUNA PERLE ...... JACQUELINE ...... S. PERO ...... VALENTINA. PERONNET ...... BENJAMIN ...... THOMAS PERRIN ...... JESSICA ...... LILAS MARIE PERVILHAC ...... CHARLOTTE ...... MARIE PETCH ...... CHARLES ...... CHANDLER PETEL ...... MIRI ...... GALIT PETER ...... KAREN ...... J. PETER ...... RICHARD. PETERS ...... ELAINE ...... MARSHA PETERS ...... GORDON ...... H. PETIT ...... EMMANUEL ...... J. PFAU ...... SEBASTIAN ...... HENRI PFAU-DILLON ...... ERIN ...... STAFFORD PFISTER ...... ALEXANDER ...... GREGORY PFISTER ...... NICOLE ...... ISABELLE PFISTER ...... STEFAN. PFLUGER ...... JAMES ...... PAUL PFUHL ...... HELEN ...... ANNE PHALON ...... ASAKO.

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Last name First name Middle name/initials

PHILLIPS ...... MARIE ...... L. PHILLIPS ...... MEREDITH ...... SARAH Picci ...... Marco. PICHER ...... MARYSE. PICHON-VARIN ...... GERARD. PICKETT-HEAPS ...... AARON ...... JACK PIERETTI ...... NIKI. PIKE ...... BARRY ...... LEE PINHO ...... RODRIGO ...... S. PINHO ...... VANESSA ...... O. PINTO ...... SARA ...... ALEXANDRA GASPAR PEREIRA PIPIEN ...... ELERI. PIQUET JR ...... NELSON ...... A. PIRRE ...... ANNAMARIA ...... SALBATRICE PLASCENCIA ...... JUAN ...... J. PLETZER ...... ALEXANDER. PLETZER ...... TAMARA ...... O. POIRRIER-HAMON ...... ANNE ...... MADELEINE POKHREL ...... JENNIFER ...... ILENE POLACK ...... FERNANDO ...... P. POLDERMAN ...... CYNTHIA ...... ANN POLDERMAN ...... MONIQUE. PONTON ...... APRIL ...... SKY DUNLOP POON ...... DEREK ...... W. POPOV-DIHOVICNI ...... SIMONIDA. POPOVIC ...... MATEJA. POSTIF ...... SOPHIE ...... J. POWELL ...... GERARD ...... ARMOND POWELL-PORTEOUS ...... SHEILA. PREDKI ...... GARY. PREDKI ...... JOANNE. PREISS ...... LAURA. PRESTWICH ...... CAMILLA ...... ALICE PRETTEJOHN ...... ELIZABETH ...... FRANCESCA PRICE ...... JULIE. PRICKETT ...... BARBARA ...... M. PRIEST ...... GARETH ...... R. PRIEST ...... RUTH. PRIOR ...... KATANYA ...... CAROLYN KOLSTOE PRIOR ...... STEPHEN ...... KENNETH PROBST ...... JULIE. PROVOOST ...... GRETA ...... L. PSUTKA ...... JOHN ...... F. PUNCHARD ...... JANE. PUNCHARD ...... WILLIAM ...... F. PUTSCH ...... KATARINA. Qassab ...... Roua ...... Al QIDWAI ...... HAYAT. QIDWAI ...... TAYYABA. QIN ...... XIUYUN. RABBI ...... MASSIMILIANO. RADEMACHER ...... DANIELA ...... SUZANNE RADERMACHER ...... WILHELM ...... A. RADKE ...... JAMES ...... M. RADUL ...... JAMES ...... ROBERT RAFFELSBERGER ...... JAMES ...... GUENTHER RAINER ...... RICHARD. RAJAMAA ...... ELINA. RAJAMAA ...... MARKO ...... M. RAMOS-CURRAH ...... GABRIEL. RAMOS-CURRAH ...... SEBASTIAN. RAMPTON ...... SHANNON ...... ELIZABETH RAMSAY ...... LYNDA ...... ANN RAMSHAW ...... MARTIN. RAQUIDEL ...... DANIELLE ...... COLETTE Rattrie ...... Andrew ...... John RAYANI ...... ZAHRA. RAYNOR ...... CAITLIN ...... HUGHES RAZ ...... SAHAR. READ ...... CHRISTINE ...... R. READ ...... DEREK ...... R. REAY ...... ROBERT ...... GILBERT REDCLIFFE ...... PATRICIA. REDCLIFFE ...... RAYMOND.

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Last name First name Middle name/initials

REDD ...... ANNA ...... M. REDDEN ...... SOPHIE ...... KATHLEEN Reddy ...... Amar. REDLINGER-LIBOLT ...... CRISTINA. REGAL ...... PHILIP ...... JOE REICH ...... MARSHA ...... LYNN Reid ...... Anjyu ...... Carleigh REINFRIED ...... HERBERT. REINFRIED-WETTSTEIN ...... KLARA. REINHART ...... KERRY ...... WADE REIS ...... RICARDO. REMEDIOS ...... SALLY. RENNIE ...... DOUGLAS. RENNIE ...... JANET. RENTOWL ...... MELANIE. RENTZIOS ...... AMELIA ...... V. REY ...... VINCENT ...... SEBASTIEN REYES ...... DANIELE ...... ROBERT RHEAULT ...... JULIETTE ...... M. RHEAULT ...... REAL ...... J. RHODES ...... JULIAN ...... DAVID Richards ...... Rebecca ...... Ann RICHARDS ...... STEVEN ...... WILLIAM JOHN RICHARDSON ...... J JOHN ...... STEVEN RIEDEL-FISHER ...... NELL ...... BEARD RIEDERER ...... PATRICK ...... ANDREA RINGWALD ...... BIANCA. RISTAINO ...... JOHN ...... LUCIAN RITTER ...... ELIZABETH ...... CHARLOTTE RITZENHOEFER ...... JONAS. RIZZO ...... GIUSEPPE. RIZZO ...... MARIA ...... ANDREA Roach ...... Alsion. ROBERT ...... MARIE-HELENE ...... BOURGOIGNIE ROBERT ...... MIGUEL ...... F. Roberts ...... Jeremy ...... John ROBERTSON ...... BRIAN ...... W. ROBINSON ...... KEVIN. ROBLES ...... IVAN ...... ROGELIO ROCH ...... WALTER ...... FRANZ ALFRED ROCKINGHAM ...... EDITH ...... J. ROCKINGHAM ...... JOHN ...... E. RODGERS ...... LINDA. RODRIGUEZ ...... JUAN ...... JESUS RODRIGUEZ ...... MARIA ...... R. ROEHM ...... SANDRA ...... DANIELA ROGERS ...... VALERIE ...... J. ROH-DECLERCQ ...... CHANTAL ...... SUZANNE ROIZEN ...... JACQUES. ROLL ...... JOANNA. RONDEAU ...... JOSEE. RONNHOLM ...... THOMAS. ROOD ...... KENNETH ...... M. ROSAGER ...... KRISTINA. ROSENBERG ...... BEVERLY. ROSS ...... CAROLE ...... A. ROSS ...... DAVID ...... L. ROSS ...... GILBERT. ROSS ...... GLADYS ...... L. ROSS ...... MANON. ROSS ...... MARTHA. ROSSBACH ...... SVEN. ROSSEN ...... ERIK ...... GRAY ROSSI ...... EMMA ...... J. ROSSI ...... GREGORY ...... P. ROSZELL ...... LAURIE ...... JEAN ROTH ...... TATUM ...... CHANEL ROTHWALL ...... JAMES ...... GLENN ROUGH ...... ALASTAIR ...... D. ROUGH ...... CATRINA. ROUSSELLE ...... ALEXANDRA ...... VERONIQUE ROWLAND ...... URSULA. ROWLANDS ...... AARON ...... J. RUGOLO ...... NATASCHA ...... NOVELLA

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Last name First name Middle name/initials

RUSSELL ...... DAVID ...... JOHN RUTHMANN ...... SABINE. RUTLAND ...... GRACE ...... CHARLOTTE RYBAK ...... MICHAEL. RYFF ...... JULIA. RYMON ...... GAL. RYMON ...... RON. RYMON ...... TALIA. SABATE ...... BEATRICE. SADEGHI ...... ALI ...... MIR MOHAMMAD SADEGHI ...... CHRISTINE ...... DIANE LEA SADEGHI ...... HASSAN ...... ROGER SADTLER ...... DAVID ...... ROTH SAGIE-COHEN ...... AINAT. SAIKA ...... NANAKO. SAIKA ...... ROYOSUKE. SAITO ...... MAKOTO. Sakuri ...... Katsumasa ...... John SALERNO ...... ALEXANDRA ...... MARIE SALERNO ...... BETTY ...... ANN SALIBA ...... JOSEPH. SALVI ...... KEVIN ...... MARC Salviati ...... Maria ...... Olivia SALVINI-PLAWEN ...... ALENA. SAMOILA-KOVACEVIC ...... DANIELA. SAMPSON ...... SOPHIA ...... ELIZABETH SAMUELS ...... THEIPHILUS ...... L. SANDBERG ...... RICHARD ...... A. SANDFORD ...... GILLIAN ...... HANNAH SANDILAND ...... ALLEN ...... E. SANDILAND ...... GAIL ...... B. SANDSTROM ...... INGELA ...... Y. SANDSTROM ...... MAGNUS. SANGER ...... JACQUELINE. SANGER ...... SYLVIA ...... A. SANTANDER DE FOERSTER ...... MONICA ...... C. SARATZ ...... ANNIETTA. SASAKI ...... NORIKO. SASAKI ...... SAKAE. SASSON ...... JOSEPH ...... YOSSI SATO ...... NAOYA. SATO ...... NORIKO. SAUNDERS ...... MARK ...... GEOFFREY SAUTER ...... PETER ...... CHARLES SAUTY ...... STEPHANIE ...... ANN SAUVE ...... AARON. SAVAGE ...... REBECCA ...... CHRISTINE SAYED ...... LEILA. Scaife ...... Jeanne ...... Elizabeth SCHEIDEGGER ...... ANDREAS. SCHEWE ...... LES. SCHIAVO ...... ALEXANDRE ...... A. SCHINDLER ...... ANGELIKA ...... URSULA SCHLEYER ...... DANIEL. SCHLICK ...... SIGRUN ...... D. SCHLOSSER ...... FELIX ...... JOHANNES VINCENTIUS SCHLUMPF ...... NIKLAUS ...... THEODOR SCHMELING ...... MIRIAM. SCHMID ...... ALEXANDRA. SCHMIDBERGER ...... CHRISTOPH. SCHMIDT ...... EIKE ...... D. SCHMITZ ...... LUCAS-JOEL. SCHNIDER ...... CHRISTIAN ...... ALAN SCHOOF ...... MARK ...... S. SCHORDERET ...... JACQUELINE ...... RENEE SCHRIVER JR ...... PAUL ...... JOHN SCHUBERT ...... ANGELIKA. SCHULTZ ...... THOMAS. SCHULTZ-ILLEK ...... MANITA ...... ANGELIKA SCHWARTZ ...... JAMES. SCHWIND ...... ROBERT ...... WOLFGANG SCOFIELD ...... GRAHAM. SCOTT ...... DAVID ...... R. SCOTT ...... LAURA-LEE.

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Last name First name Middle name/initials

SCOTT-BEVERIDGE ...... CHARLOTTE ...... ELIZABETH SCOTT-EDWARDS ...... ROBERT ...... EDMOND SCUTCHINGS ...... SUSAN ...... L. SEGER ...... Tobias ...... Max SEIFERT ...... HAROLD ...... JAMES SEMPLINER ...... LORRAINE ...... A. Senkpiel ...... Elaine ...... Marie SEOK ...... HEE ...... YOUNG SERCARZ ...... IRIT. SERRANO ...... ANA ...... JOSEFA SETIADARMA ...... RATNASISKA. SETUBAL ...... JOAO ...... CARLOS SEUCAN ...... STEFAN. SEWELL ...... JESSICA. SHAH ...... ANJANA ...... P. SHAH ...... CHANDRIKA. SHAH ...... DEEPA. SHAH ...... HIMANI. SHAH ...... SHANTILAL. Shalam ...... Emanuel. Shalit ...... Doron ...... Mordechai SHARMA ...... NEELADEVI ...... SANJAY SHARMA ...... SANJAY. SHARP ...... JANICE ...... J. SHARPE ...... ELIZABETH ...... VERONIKA SHASHOUA ...... DORIS ...... ALBERTA SHEEDY ...... MAURAH ...... LISA SHEEHAN ...... MARGUERITE ...... RUTH MARIE SHEEHAN ...... NIALL. SHELDRAKE ...... ROGER ...... F. SHELLITO ...... MICHAEL ...... JAMES SHELTON ...... SUSANNA. SHEPPARD ...... MARTHA ...... L. SHIBUTANI ...... NAOMI. SHIBUTANI ...... SHINYA. Shields ...... Candice ...... Patricia SHIELDS ...... DINAH ...... JANE SHIELDS ...... JOHN. SHIM ...... JAE ...... DOO SHIMA ...... CHIKAKO. Shimada ...... Mitsuru. SHIMOJO ...... MASASHI. SHIN ...... Paul ...... Junseo SHIN ...... SEUNG ...... KOO SHINGNE ...... GEETA. SHINOHARA ...... SATOMI. SHINOHARA ...... SHIGERU. SHITABORI ...... KIMIKO. SHLIMON ...... KATRINE. SHRIVE ...... ANDREA ...... CLAIRE Shu ...... Tao-Tze. SIAH ...... RYAN ...... KWEI-PING SIDER ...... JUDY ...... N. SIDHU ...... JAGMIT ...... K. SIEGEL ...... MICHIYO. SIEREVELD ...... FRANK. SILKSTONE ...... SUSAN ...... LESLIE SILLERY ...... YOLETTE ...... M. SILVA ...... KATRIONA. SILVA ...... VINICIUS ...... S. SIMCOCK ...... DIANNE ...... JUDITH SIMMONS ...... RHONDA ...... JANET SIMONS ...... JONATHON. SIMPSON ...... DAVID ...... A. SIMS ...... DANIEL ...... PAUL SIRCH ...... ERIKA ...... L. SIS-KLUZIK ...... JEANNE ...... MARIE SIVANADIYAN ...... NIRANTHARI. SKEEN ...... AMANDA ...... M. SMART ...... JOHN. SMIT ...... MARTINA. SMITH ...... ALISON ...... JILL SIMONE SMITH ...... CLINTON ...... WARREN SMITH ...... IAN ...... ROGER

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Last name First name Middle name/initials

SMITH ...... JEAN ...... E. SMITH ...... PIERS ...... PATRICK KINGSTON SMITH ...... RHODA ...... J. SMITH ...... WILLIAM ...... STEWART SMYTH ...... FIONA ...... A. SNADDON ...... JUDITH ...... E. SOCASH ...... RYAN ...... ANTHONY SODERQVIST ...... LOVISA ...... M. SOLES ...... TRINA ...... MARGARET LARSEN Solod ...... Lynne ...... Ann SOMEK ...... ALEXANDER. SOMEK ...... DANIELE ...... SABINE SOMEYA ...... MASATO. SOMIYA ...... HIDEKAZU. SONDROS ...... Talis ...... Arnis Song ...... James. SORENSEN ...... MORTEN. SOROTZKIN ...... ZEEV ...... MEIR SOSSIDIS ...... NICHOLAS ...... J. SPANNER ...... ALAN ...... R. SPEARS ...... JEFFREY ...... T. SPECTOR ...... KYOKO. SPENCER ...... JAN BRYON ...... C. SPENCER ...... MARK ...... WARREN SPENCER ...... MIRIAM. SPEYER ...... PETER ...... C. SPIEGEL ...... TRACY ...... LEE SPIERS ...... STUART ...... W. SPINELLI ...... ULRICA. SPOTORNO ...... ALESSANDRO ...... ANGELO STAFL ...... LENKA ...... JANA STAHL ...... HJOERDIS ...... ULRIKE STECH ...... ADA ...... JOANNA STECK SCHEIDEGGER ...... GISELLA. STEENHAUT ...... KEBIN ...... CHRISTOPHER STEIN ...... DAVID ...... HARRY STEIN ...... DIETER. STEINBACH ...... MICHAEL. STEINBERG ...... FREDRIC ...... MURRY STEVENSON ...... ALASTAIR ...... L. STEVENSON ...... FELIPE. STEVENSON ...... JHORDAN ...... ARIUS STEWART-TAUCHE ...... REBECCA ...... QUINCY Stimson ...... John ...... Adrian Stobbe ...... Daniel ...... John STOBY ...... LARA ...... AGAR STOHR ...... JOHANNES ...... JACQUES MARTIN STOLL-DUGAN ...... BETTINA ...... M. STONE ...... CLAIRE ...... KIMBERELY STOTT ...... SARAH ...... ELIZABETH STOVER ...... LINA ...... JOSEPHINE STRASSER ...... SANDRA ...... ELISABETH STRATTON ...... DONALDA. STRAUB ...... KATHRYN ...... ELIZABETH STRAUSS ...... CHIKAKO. STRESAU ...... RICHARD ...... WHITNEY STUCKI ...... TOBIAS ...... MARTIN STUPARYK ...... MELANIE ...... E. STURT ...... HILARY ...... NAPIER Su ...... Erin. SUDITA ...... I...... MADE SUDMANT ...... SANDRA ...... RUTH SUGAWARA ...... YURIKO. SULLIVAN ...... EDMUND ...... VINCENT SUMI ...... KOICHI. SUN ...... HAO ...... H.S. SUN ...... ZHIWEI. SUNG ...... ALAN ...... Y. Sung ...... Kennix ...... Tsu-Wei SURI ...... VIVAN. SUTER ...... KYOKO. SUZUKI ...... AKIKO. SUZUKI ...... GEORGE. SUZUKI ...... KAZUMICHI.

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Last name First name Middle name/initials

SUZUKI ...... MAKOTO. SUZUKI ...... NOBUYUKI. SUZUKI ...... SHOKO. SUZUKI ...... TOMOKO. SUZUKI ...... TOSHIO. SUZUKI ...... YUMARO. SWAINSON ...... LESLIE ...... SHAUN SWALLOW ...... CLAIRE. SZABO ...... JASON ...... L. SZEREMETA ...... SEAN. TAGAWA ...... KAZUE. TAGAWA ...... KOKICHI. TAGLIANI ...... ALEXANDRE. TAI ...... SHIH ...... YAO TAKAHASHI ...... MASAHIKO. TAKEMOTO ...... KOH. TAKIGAWA ...... YASUSHI. TALAALOUT ...... ABDELKRIM. TAMIAKI ...... MICHIKO. TAMMEN ...... MARGOT ...... H. TAMURA ...... KAZUAKI. TAN ...... CHER ...... SIEW TANAKA ...... JUNKO. TANAKA ...... KOICHI. TANCON ...... ANGELA ...... NOELLE TANDON ...... MANAS. TANG ...... CHIA ...... C. TANIE ...... HIROSHI. TANNER ...... EVA ...... JOANNE TATEISHI ...... TOMONORI. TAYLOR ...... AIDHAN ...... TOBIAS Taylor ...... Jessica ...... Anne TAYLOR ...... MARILYNN ...... CHRISTENE TAYLOR ...... SUSAN ...... SCOTT TEDRICK ...... CRISTINA ...... R. TEELAND ...... WALTER ...... FRANKLIN TENOT BENOIT ...... CECILE ...... MARIA SUZANNE TERADAIRA ...... TOKUKO. TERASAKI ...... TAKAKO. TERASAKI ...... YASUO. TERRY ...... ELAINE. TERRYN ...... NICHOLAS ...... ALEXANDER TESLER ...... JUDY. TESTELIN ...... CLEMENCE ...... CLAIRE-CHANTAL MARIE THAM ...... MAY YEE ...... A. THAWER ...... FARGN ...... FERID THEAN ...... VOON ...... YEW THIBAULT ...... JACQUES ...... P. THIEME ...... CHRISTIAN. THOMAS ...... BRIAN ...... SCOTT THOMPSON ...... JACK ...... SAMUEL THOMPSON ...... PAUL ...... R. THOMPSON ...... VICKI ...... J. THOUVENIN ...... SUNITA ...... CHLOE AUDREY TICZON ...... IVY ...... JO. D. TIMMS ...... MICHAEL ...... J. TIRIAC JR ...... ION ...... ALEXANDRU TJAHAJA ...... AMIR. TONER ...... ADAM ...... J. TONG ...... KA ...... M. TONG ...... PAULINE ...... PO LAN TONKS ...... RICHILDIS ...... MARY HARRISON TONSTAD ...... FREDRIC ...... BENJAMIN TOOP ...... MURIEL ...... JEAN Tosi ...... Paola ...... Maria TOSUN ...... TOLGA. TOUCHE ...... PETER. Townsend ...... Judith ...... Una TRAMBLE ...... RASHUNDA ...... RENEE TRAN ...... THE-MINH. TRAVERSI ...... FERDINANDO ...... PIETRO Trgovac ...... Katherine ...... Lesile TRIM ...... KERRYN ...... C. TRIM ...... LINDA ...... G.

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Last name First name Middle name/initials

TRINH ...... XUAN ...... MINH TROPPER ...... YEHIEL ...... MOSHE TRUYENS ...... EELKO. Tsai ...... Christopher ...... Cheng-Ru TSAI ...... KUAN-SHI. TSAI ...... LING-YEN. TSENG ...... JOSHUA ...... SHI-HAO TSUZAKI ...... HITOMI. TSUZAKI ...... KENJI. TU ...... FENGFENG. TUELLER-MUELLER ...... CLAUDIA ...... CHARLOTTE TUINMAN ...... ROB. TURCOTTE ...... MARIE. TURLAPOV ...... ANDREY ...... V. TURNBULL ...... STUART ...... M. TYACKE ...... JAMES ...... A UEFFENGER ...... FRIEDRICH. UEFFINGER ...... MONIKA ...... E. UEHARA ...... HIROSHI. URSINY ...... PAVEL. USON ...... JUAN ...... M. VALDES-SCOTT ...... HUGH ...... DAVID ROBERT VALENTA ...... MARCUS ...... ANTONIO FERBER VAN DE FLIER ...... RUTH ...... M. VAN DE STEENE ...... JET ...... CLAUDINE VAN DER KNIJFF ...... SUZANNE. VAN DER SCHEER ...... JOKE. VAN DER VEEN ...... INA. VAN DER VEGT ...... JEANNETTE ...... M. VAN NIEUWKERK ...... JAN ...... ADRIAAN VAN ROMPAY ...... LUCAS ...... R. VAN SANTEN ...... GERT. VAN SANTEN ...... RAYMONDE. VAN VELDHOVEN ...... ZAHRA ...... CAROLINE Vanthielen ...... Barbara ...... Lily Varan ...... Aiden ...... Kennedy VARDAKIS ...... DEBORAH ...... LABRINA VARGA ...... LASZLO. VARGHESE ...... DEEPA. Varidel ...... Debbie ...... Jean VASSALINI ...... MONICA. VELIOTIS ...... PAULETTE. VENDITTI ...... SAMUEL ...... LI VENTORUZZO ...... MARCO. VENTURINI ...... MONICA. VERDEAUX ...... JEAN-JACQUES. VERSPIEREN ...... CHRISTINA ...... ALEXANDRA VETTERLI ...... OLIVER. VETTOR ...... ALESSANDRO. VIERSET ...... SEVERINE ...... MARIE Vieser ...... Linley ...... Conrath VIG ...... JACQUELINE ...... A. VIGUS ...... BRIAN. VIGUS ...... GERALDINE ...... G. VIGUS ...... MICHAEL ...... B. VILLALOBOS OROZCO ...... SANDRA ...... LORENA VITORINO ...... MARIA ...... ANA Vlemmings ...... Nina ...... Cecilia VOADEN ...... ROSALYNN. VODDEN ...... JAMES. VOGEL ...... TOMOKO. VON BUCHWALDT ...... BENNO ...... KARL ERIC VON BUEDINGEN ...... HANS ...... CHRISTIAN VON ENGELHARDT ...... ALEXANDER ...... KRONSTANTIN FRANZ BARON VON SALIS-BILFINGER ...... HEIDI ...... ELISABETH VON SALVINI PLAWEN ...... ALEXANDRA. WACKERNAGEL ...... PATRICIA ...... RUTH WAGNER ...... LAILA. WAGNER ...... NANCY ...... LYNN WAGNER ...... NELSON ...... GAINS WAGNER ...... SUSANNE ...... RUTH WAIDZUNAS ...... DANIEL ...... KONSTANTIN-GUSTAV WAKEFIELD ...... BRYCE ...... A. WALACAVAGE ...... CRAIG ...... KENNETH

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Last name First name Middle name/initials

WALKER ...... COURTNEY ...... J. WALKER ...... FRITH ...... JEAN WALKER ...... LYNN ...... CARLISLE WALLACE ...... JAMES ...... RICHARD WALLACE ...... SARAH ...... ELIZABETH WALLNER ...... LYDIA ...... MATHILDE WALLRAFF ...... ALEXANDER ...... JOSEF WALT ...... LESLIE ...... ANN WALT ...... SCOTT ...... RAYMOND Walther ...... John ...... Karl WANG ...... HONGYAN. WANG ...... HSIAO ...... WU WANG ...... JINCHU. WANG ...... Karin. WANG ...... LEI. WANG ...... XIUXIAN. WANTMAN ...... ADAM ...... CRAIG WARD ...... GREVILLE ...... V. WARD ...... TERRY. WARKENTIN ...... JOHN ...... DONALD WARMBRUNN ...... SANDRA. WARREN ...... CHRISTOPHER. WASER ...... SABRINA ...... REGULA WATT ...... JAMES ...... HARRINGTON WATTERS ...... CLINT ...... ANDREW WAYMAN ...... KATRINA ...... LOUISE WEBB ...... ROLAND ...... HUMPHREYS WEBER ...... MARA ...... J. WEDER ...... ANDREA ...... C. WEDER ...... MARKUS ...... C. WEIBEL ...... ADAM ...... ROBERT FRIEDRICH WEIBEL ...... LYNN ...... THOMPSON WEINRAUCH ...... JOHN ...... RICHARD WEISS ...... BARBARA ...... IILYA WELFARE ...... LESLIE. WELFARE ...... RICHARD. WELLER JONKERS ...... SHARON ...... RUTH WELLS ...... KRISTA ...... DIANE WEN ...... HAO. Wen ...... Jing-Kai. WENK ...... MARKUS ...... RENE WENKER ...... CHRISTIAN ...... JOHN WENNER ...... LESLIE ...... BARBARA WENTZEL ...... RICHARD ...... GUY WEYENETH ...... KARL ...... EMMANUEL WHALEN ...... PETER ...... LYNN WHAN ...... KEVIN ...... W. WHITE ...... SIMON ...... LUKE WHITEFOORD ...... DANIEL ...... CALEB JAMES WHITFIELD ...... CHARLES ...... P. WHITFIELD ...... CHRISTOPHER ...... JOSEPH WHITTON ...... LAURA ...... JANE WHITTUM ...... KINUKO ...... S. WICKWARE ...... SHOKO. WIDMER ...... HANS ...... PETER WIECKOWSKI ...... VOYTEK. WIENER-BLOTNER ...... DAVIR ...... AMITAI WIESS ...... JORDAN ...... FRED WILLEFERT ...... AMY ...... LAURE WILLIAMS ...... ILSE. WILLIAMS ...... LUKE ...... ALISTAIR WILLIAMS ...... ZOE ...... HANA TEBOHO WILMOT ...... EVELYN ...... GAYLE WILSON ...... KATHARINA ...... ANNA WIMMERS ...... SARA ...... ELIZABETH WINISTOERFER ...... MARTIN. WINISTOERFER ...... PATRICIA. WINSBORROW ...... ERIC. WINSCHIERS ...... OLIVER ...... H. WISK ...... ANGIE ...... L. WITKOS ...... KATARZYNA ...... MARIA WOLBERGER ...... ILAN. WOLF ...... ILEANA ...... ANN WOLF ...... JEANNIE ...... CAROL

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Last name First name Middle name/initials

WOLFE ...... ANTOINETTE ...... HELENE Wong ...... Chin ...... Yan WONG ...... EMILY ...... Y. WONG ...... HANG ...... F. WONG ...... PUI ...... JAN WONG ...... ZACHARY ...... JIANN TSONG WOO ...... BYEONGJIN. WOO ...... EDMOND ...... M. WOODY ...... SHEILA ...... ROXANNE WOOLLARD ...... ADDIE ...... ERLENE WORRINGHAM ...... CHARLES ...... J. WORTLEY ALDRIDGE ...... CLAIRE. Wren ...... Ethan ...... Peter WRIGHT ...... DAVID ...... SIMON WU ...... CHOY ...... KUAN WU ...... CHUNG-HSIEN. WU ...... PONG ...... TWAN WU ...... REBECCA ...... YUAN WUERTZ ...... STEFAN. WUEST ...... VERONIKA. WUTTKE ...... GREGORY ...... J. XIAO ...... YI. YABE ...... HIROYUKI. YALA ...... ABDELHAMID. YAM ...... WAN ...... HANG CHU YAMADA ...... JUNJI. YAMADA ...... TAKASHI. YAMADA ...... YUKARI. Yamaguchi ...... Sean. YAMAKAWA ...... YOSHI. YAMAMOTO ...... YASUHIKO. YAMAMOTO ...... YOSHIHISA. YAMANAKA ...... AKIKO. YAN ...... FANG. YAN ...... HONG. YANG ...... CHIUNG ...... MING YANG ...... CUIHUA. YANG ...... LI ...... FANG YANG ...... MEI-JUNG. YANG ...... MINGJIA. YANG ...... YIMING. YARBROUGH ...... GISELE. Yasuda ...... Sara. YASUR ...... DOR. YATES ...... JILL ...... ALYSON YEE ...... ANDREW ...... BRYCE Yellin ...... Simon ...... L. YEO ...... EUN ...... JUNG YEO ...... JING ...... YING CHERISH YEO ...... WEE-PIN. YEOMANS ...... DAVID ...... WILLIAM YI ...... YOUNGHYUN. YOKOYAMA ...... MASAKAZU. YOO ...... HITOMI. YOO ...... HYUCK. YOON ...... ALEXANDER. YOON ...... CHEONGMI ...... T. YOON ...... DANIEL. YOON ...... JACLYN. YOSHIMURA ...... CHISATO. YOT ...... PATRICK. YOU ...... DONGHYUN. YOUNG ...... CHRISTINA. YOUNG ...... NINA ...... JANE YU ...... ALICE. YU ...... JIANYING. YU ...... LIJIA. YU ...... SHIH-YIN. YU ...... WEIJIANG. YU ...... YUEH-O. YUASA ...... HISAO. YUCHENGCO ...... MARCUS ...... DANIELLE YUONESS ...... SALEM. ZABIN ...... HAL ...... BRADLEY

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Last name First name Middle name/initials

ZACHARIASSEN ...... ZOE. ZAFFIS ...... JOSHUA ...... GEORGE ZAFOREK ...... ALEXANDER. ZANRE ...... RICARDO ...... G. ZAVITZ ...... MARY ...... JANE ZAWADZKI ...... CAROLINE. ZEHNDER ...... GERTRUD. ZEIDLER ...... ROBERT ...... M. ZEJDL ...... MARK ...... KVETOSLAV ZELLER ...... MICHAEL ...... BRUNO ZELLWEGER ...... CHRISTIAN. ZEUS ...... GABRIELE ...... G. ZHANG ...... QING. ZHANG ...... XIEPING. ZHANG ...... YAN. ZHAO ...... ZHU. ZHENG ...... WEIKANG. ZHENG ...... YU ...... HONG ZHONG ...... QIZHOU. ZHOU ...... JIA ...... LIN ZHOU ...... JIANHUA. ZINGG ...... SARAH. ZINK ...... FIONA ...... HEATHER ZOET ...... DANIEL ...... NICOLAAS ZONDLER ...... JUDITH. ZOU ...... JISHENG. ZROTZ ...... SARAH-MARIA. ZUBIRIA ...... MANUEL. ZUIJDGEEST ...... KOEN. ZWEIFEL ...... PAUL ...... HENRY

Dated: July 31, 2020. Committee will be conducted. The 1:30pm to 3:30pm Eastern Time. The Pamela Ross, Taxpayer Advocacy Panel is soliciting public is invited to make oral comments Manager Classification Team 82413, public comments, ideas, and or submit written statements for Examinations Operations—Philadelphia suggestions on improving customer consideration. For more information Compliance Services. service at the Internal Revenue Service. please contact Gilbert Martinez at 1– [FR Doc. 2020–17176 Filed 8–5–20; 8:45 am] DATES: The meeting will be held 888–912–1227 or (737–800–4060), or BILLING CODE 4830–01–P Tuesday, August 25, 2020 and write TAP Office 3651 S IH–35, STOP Wednesday, August 26, 2020. 1005 AUSC, Austin, TX 78741, or post comments to the website: http:// DEPARTMENT OF THE TREASURY FOR FURTHER INFORMATION CONTACT: Gilbert Martinez at 1–888–912–1227 or www.improveirs.org. Internal Revenue Service (737) 800–4060. The agenda will include various SUPPLEMENTARY INFORMATION: Notice is committee issues for submission to the Open Meeting of the Taxpayer hereby given pursuant to Section IRS and other TAP related topics. Public Advocacy Panel Joint Committee 10(a)(2) of the Federal Advisory input is welcomed. AGENCY: Internal Revenue Service (IRS), Committee Act, 5 U.S.C. App. (1988) Dated: July 31, 2020. that an open meeting of the Taxpayer Treasury. Kevin Brown, ACTION: Notice of meeting. Advocacy Panel Joint Committee will be held Tuesday, August 25, 2020, from Acting Director, Taxpayer Advocacy Panel. SUMMARY: An open meeting of the 1:30pm to 3:30 p.m. Eastern Time and [FR Doc. 2020–17141 Filed 8–5–20; 8:45 am] Taxpayer Advocacy Panel Joint Wednesday, August 26, 2020, from BILLING CODE 4830–01–P

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Part II

The President

Executive Order 13940—Aligning Federal Contracting and Hiring Practices With the Interests of American Workers Executive Order 13941—Improving Rural Health and Telehealth Access Memorandum of August 3, 2020—Extension of the Use of the National Guard To Respond to COVID–19 and To Facilitate Economic Recovery Memorandum of August 3, 2020—Extension of the Use of the National Guard To Respond to COVID–19 and To Facilitate Economic Recovery Memorandum of August 3, 2020—Extension of the Use of the National Guard To Respond to COVID–19 and To Facilitate Economic Recovery

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Federal Register Presidential Documents Vol. 85, No. 152

Thursday, August 6, 2020

Title 3— Executive Order 13940 of August 3, 2020

The President Aligning Federal Contracting and Hiring Practices With the Interests of American Workers

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the executive branch to create opportuni- ties for United States workers to compete for jobs, including jobs created through Federal contracts. These opportunities, particularly in regions where the Federal Government remains the largest employer, are especially critical during the economic dislocation caused by the 2019 novel coronavirus (COVID–19) pandemic. When employers trade American jobs for temporary foreign labor, for example, it reduces opportunities for United States workers in a manner inconsistent with the role guest-worker programs are meant to play in the Nation’s economy. Sec. 2. Review of Contracting and Hiring Practices. (a) The head of each executive department and agency (agency) that enters into contracts shall review, to the extent practicable, performance of contracts (including sub- contracts) awarded by the agency in fiscal years 2018 and 2019 to assess: (i) whether contractors (including subcontractors) used temporary foreign labor for contracts performed in the United States, and, if so, the nature of the work performed by temporary foreign labor on such contracts; whether opportunities for United States workers were affected by such hiring; and any potential effects on the national security caused by such hiring; and (ii) whether contractors (including subcontractors) performed in foreign countries services previously performed in the United States, and, if so, whether opportunities for United States workers were affected by such offshoring; whether affected United States workers were eligible for assist- ance under the Trade Adjustment Assistance program authorized by the Trade Act of 1974; and any potential effects on the national security caused by such offshoring. (b) The head of each agency that enters into contracts shall assess any negative impact of contractors’ and subcontractors’ temporary foreign labor hiring practices or offshoring practices on the economy and efficiency of Federal procurement and on the national security, and propose action, if necessary and as appropriate and consistent with applicable law, to improve the economy and efficiency of Federal procurement and protect the national security. (c) The head of each agency shall, in coordination with the Director of the Office of Personnel Management, review the employment policies of the agency to assess the agency’s compliance with Executive Order 11935 of September 2, 1976 (Citizenship Requirements for Federal Employment), and section 704 of the Consolidated Appropriations Act, 2020, Public Law 116–93. (d) Within 120 days of the date of this order, the head of each agency shall submit a report to the Director of the Office of Management and Budget summarizing the results of the reviews required by subsections (a) through (c) of this section; recommending, if necessary, corrective actions that may be taken by the agency and timeframes to implement such actions; and proposing any Presidential actions that may be appropriate.

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Sec. 3. Measures to Prevent Adverse Effects on United States Workers. Within 45 days of the date of this order, the Secretaries of Labor and Homeland Security shall take action, as appropriate and consistent with applicable law, to protect United States workers from any adverse effects on wages and working conditions caused by the employment of H–1B visa holders at job sites (including third-party job sites), including measures to ensure that all employers of H–1B visa holders, including secondary employers, adhere to the requirements of section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)). Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, August 3, 2020.

[FR Doc. 2020–17363 Filed 8–5–20; 11:15 am] Billing code 3295–F0–P

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Executive Order 13941 of August 3, 2020

Improving Rural Health and Telehealth Access

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. My Administration is committed to improving the health of all Americans by improving access to better care, including for the approxi- mately 57 million Americans living in rural communities. Americans living in rural communities face unique challenges when seeking healthcare serv- ices, such as limited transportation opportunities, shortages of healthcare workers, and an inability to fully benefit from technological and care-delivery innovations. These factors have contributed to financial insecurity and im- paired health outcomes for rural Americans, who are more likely to die from five leading causes, many of which are preventable, than their urban counterparts. That gap widened from 2010 to 2017 for cancer, heart disease, and chronic lower respiratory disease. Since 2010, the year the Affordable Care Act was passed, 129 rural hospitals in the United States have closed. Predictably, financial distress is the strong- est driver for risk of closure, and many rural hospitals lack sufficient patient volume to be sustainable under traditional healthcare-reimbursement mecha- nisms. From 2015 to 2017, the average occupancy rate of a hospital that closed was only 22 percent. When hospitals close, the patient population around them carries an increased risk of mortality due to increased travel time and decreased access. During the COVID–19 public health emergency (PHE), hospitals curtailed elective medical procedures and access to in-person clinical care was limited. To help patients better access healthcare providers, my Administration imple- mented new flexibility regarding what services may be provided via tele- health, who may provide them, and in what circumstances, and the use of telehealth increased dramatically across the Nation. Internal analysis by the Centers for Medicare and Medicaid Services (CMS) of the Department of Health and Human Services (HHS) showed a weekly jump in virtual visits for CMS beneficiaries, from approximately 14,000 pre-PHE to almost 1.7 million in the last week of April. Additionally, a recent report by HHS shows that nearly half (43.5 percent) of Medicare fee-for-service primary care visits were provided through telehealth in April, compared with far less than one percent (0.1 percent) in February before the PHE. Importantly, the report finds that telehealth visits continued to be frequent even after in-person primary care visits resumed in May, indicating that the expansion of telehealth services is likely to be a more permanent feature of the healthcare delivery system. Rural healthcare providers, in particular, need these types of flexibilities to provide continuous care to patients in their communities. It is the purpose of this order to increase access to, improve the quality of, and improve the financial economics of rural healthcare, including by increasing access to high-quality care through telehealth.

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Sec. 2. Launching an Innovative Payment Model to Enable Rural Healthcare Transformation. Within 30 days of the date of this order, the Secretary of HHS (Secretary) will announce a new model, pursuant to section 1115A of the Social Security Act (42 U.S.C. 1315a), to test innovative payment mechanisms in order to ensure that rural healthcare providers are able to provide the necessary level and quality of care. This model should give rural providers flexibilities from existing Medicare rules, establish predictable financial payments, and encourage the movement into high-quality, value- based care. Sec. 3. Investments in Physical and Communications Infrastructure. Within 30 days of the date of this order, the Secretary and the Secretary of Agriculture shall, consistent with applicable law and subject to the availability of appro- priations, and in coordination with the Federal Communications Commission and other executive departments and agencies, as appropriate, develop and implement a strategy to improve rural health by improving the physical and communications healthcare infrastructure available to rural Americans. Sec. 4. Improving the Health of Rural Americans. Within 30 days of the date of this order, the Secretary shall submit a report to the President, through the Assistant to the President for Domestic Policy and the Assistant to the President for Economic Policy, regarding existing and upcoming policy initiatives to: (a) increase rural access to healthcare by eliminating regulatory burdens that limit the availability of clinical professionals; (b) prevent disease and mortality by developing rural-specific efforts to drive improved health outcomes; (c) reduce maternal mortality and morbidity; and (d) improve mental health in rural communities. Sec. 5. Expanding Flexibilities Beyond the Public Health Emergency. Within 60 days of the date of this order, the Secretary shall review the following temporary measures put in place during the PHE, and shall propose a regulation to extend these measures, as appropriate, beyond the duration of the PHE: (a) the additional telehealth services offered to Medicare beneficiaries; and (b) the services, reporting, staffing, and supervision flexibilities offered to Medicare providers in rural areas. Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

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(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, August 3, 2020.

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Memorandum of August 3, 2020 Extension of the Use of the National Guard To Respond to COVID–19 and To Facilitate Economic Recovery

Memorandum for the Secretary of Defense [and] the Secretary of Home- land Security

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the ‘‘Stafford Act’’), and section 502 of title 32, United States Code, it is hereby ordered as follows: Section 1. Policy. It continues to be the policy of the United States to foster close cooperation and mutual assistance between the Federal Govern- ment and the States and territories in the battle against the threat posed by the spread of COVID–19, especially as the United States transitions to a period of increased economic activity and recovery in those areas of the Nation where the threat posed by COVID–19 has been sufficiently mitigated. To date, activated National Guard forces around the country have provided critical support to Governors as the Governors work to address the needs of those populations within their respective States and territories especially vulnerable to the effects of COVID–19, including those in nursing homes, assisted living facilities, and other long-term care or congregate set- tings. Additionally, States and territories will need assistance in fighting COVID–19 hot spots as they emerge. Therefore, to continue to provide max- imum support to States and territories as they make decisions about the responses required to address local conditions in their respective jurisdictions with respect to combatting the threat posed by COVID–19 and, where appro- priate, facilitating their economic recovery, I am taking the actions set forth in sections 2, 3, and 4 of this memorandum: Sec. 2. One Hundred Percent Federal Cost Share Termination. The 100 percent Federal cost share for the State’s use of National Guard forces for the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Lou- isiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsyl- vania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and the territories of Guam, Puerto Rico, and the U.S. Virgin Islands shall terminate on August 21, 2020, in accordance with my prior memorandum dated June 2, 2020, titled ‘‘Providing Continued Federal Support for Governors’ Use of the Na- tional Guard to Respond to COVID–19 and to Facilitate Economic Recovery.’’ Sec. 3. Seventy-Five Percent Federal Cost Share. To maximize assistance to the Governors of the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Okla- homa, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and the territories of Guam, Puerto Rico, and the U.S. Virgin Islands to facilitate Federal support with respect to the use of National Guard units

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under State control, I am directing the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security to fund 75 percent of the emergency assistance activities associated with preventing, mitigating, and responding to the threat to public health and safety posed by the virus that these States and territories undertake using their National Guard forces, as authorized by sections 403 (42 U.S.C. 5170b) and 503 (42 U.S.C. 5193) of the Stafford Act. Sec. 4. Seventy-Five Percent Federal Cost Share Termination. The 75 percent Federal cost share provided for in section 3 of this memorandum shall be available for orders of any length authorizing duty through December 31, 2020. Such orders include duty necessary to comply with health protec- tion protocols recommended by the Centers for Disease Control and Preven- tion of the Department of Health and Human Services or other health protec- tion measures agreed to by the Department of Defense and FEMA. Sec. 3. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, August 3, 2020

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Memorandum of August 3, 2020

Extension of the Use of the National Guard To Respond to COVID–19 and To Facilitate Economic Recovery

Memorandum for the Secretary of Defense [and] the Secretary of Home- land Security

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the ‘‘Stafford Act’’), and section 502 of title 32, United States Code, it is hereby ordered as follows: Section 1. Policy. It continues to be the policy of the United States to foster close cooperation and mutual assistance between the Federal Govern- ment and the States and territories in the battle against the threat posed by the spread of COVID–19, especially as the United States transitions to a period of increased economic activity and recovery in those areas of the Nation where the threat posed by COVID–19 has been sufficiently mitigated. To date, activated National Guard forces around the country have provided critical support to Governors as the Governors work to address the needs of those populations within their respective States and territories especially vulnerable to the effects of COVID–19, including those in nursing homes, assisted living facilities, and other long-term care or congregate set- tings. Additionally, States and territories will need assistance in fighting COVID–19 hot spots as they emerge. Therefore, to continue to provide max- imum support to States and territories as they make decisions about the responses required to address local conditions in their respective jurisdictions with respect to combatting the threat posed by COVID–19 and, where appro- priate, facilitating their economic recovery, I am taking the actions set forth in section 2 of this memorandum: Sec. 2. Termination and Extension. The 100 percent Federal cost share for the State’s use of National Guard forces for the State of Texas shall extend to, and shall be available for orders of any length authorizing duty through December 31, 2020. Such orders include duty necessary to comply with health protection protocols recommended by the Centers for Disease Control and Prevention of the Department of Health and Human Services or other health protection measures agreed to by the Department of Defense and the Federal Emergency Management Agency of the Department of Home- land Security. Sec. 3. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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(d) The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, August 3, 2020

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Memorandum of August 3, 2020

Extension of the Use of the National Guard To Respond to COVID–19 and To Facilitate Economic Recovery

Memorandum for the Secretary of Defense [and] the Secretary of Home- land Security

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121–5207 (the ‘‘Stafford Act’’), and section 502 of title 32, United States Code, it is hereby ordered as follows: Section 1. Purpose Policy. It continues to be the policy of the United States to foster close cooperation and mutual assistance between the Federal Govern- ment and the States and territories in the battle against the threat posed by the spread of COVID–19, especially as the United States transitions to a period of increased economic activity and recovery in those areas of the Nation where the threat posed by COVID–19 has been sufficiently mitigated. To date, activated National Guard forces around the country have provided critical support to Governors as the Governors work to address the needs of those populations within their respective States and territories especially vulnerable to the effects of COVID–19, including those in nursing homes, assisted living facilities, and other long-term care or congregate set- tings. Additionally, States and territories will need assistance in fighting COVID–19 hot spots as they emerge. Therefore, to continue to provide max- imum support to States and territories as they make decisions about the responses required to address local conditions in their respective jurisdictions with respect to combatting the threat posed by COVID–19 and, where appro- priate, facilitating their economic recovery, I am taking the actions set forth in section 2 of this memorandum: Sec. 2. Termination and Extension. The 100 percent Federal cost share for the State’s use of National Guard forces for the State of Florida shall extend to, and shall be available for orders of any length authorizing duty through December 31, 2020. Such orders include duty necessary to comply with health protection protocols recommended by the Centers for Disease Control and Prevention of the Department of Health and Human Services or other health protection measures agreed to by the Department of Defense and the Federal Emergency Management Agency of the Department of Home- land Security. Sec. 3. General Provisions. (a) Nothing in this memorandum shall be con- strued to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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(d) The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

THE WHITE HOUSE, Washington, August 3, 2020

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Reader Aids Federal Register Vol. 85, No. 152 Thursday, August 6, 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. 14 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Executive Orders: 21...... 47295 39 ...... 46531, 46533, 47013, The United States Government Manual 741–6000 13940...... 47879 13941...... 47881 47295, 47297, 47635, 47638, Other Services 47641 Administrative Orders: 61...... 47295 Electronic and on-line services (voice) 741–6020 Memorandums: 63...... 47295 Privacy Act Compilation 741–6050 Memorandum of 65...... 47295 August 3, 2020...... 47885 71...... 47016, 47017 ELECTRONIC RESEARCH Memorandum of 91...... 47295 August 3, 2020...... 47887 97...... 47643, 47645 World Wide Web Memorandum of 107...... 47295 August 3, 2020...... 47889 125...... 47295 Full text of the daily Federal Register, CFR and other publications Presidential Permits: 141...... 47295 is located at: www.govinfo.gov. Permit of July 29, Proposed Rules: 2020 ...... 46997 Federal Register information and research tools, including Public 39 ...... 46560, 46563, 47118, Permit of July 29, Inspection List and electronic text are located at: 47122, 47698, 47712, 47714, 2020 ...... 47001 www.federalregister.gov. 47716 Permit of July 29, 71 ...... 47317, 47321, 47322, E-mail 2020 ...... 47005 47718 FEDREGTOC (Daily Federal Register Table of Contents Electronic Permit of July 29, Mailing List) is an open e-mail service that provides subscribers 2020 ...... 47009 19 CFR with a digital form of the Federal Register Table of Contents. The 7 CFR 24...... 47018 digital form of the Federal Register Table of Contents includes 1150...... 47293 HTML and PDF links to the full text of each document. 21 CFR Proposed Rules: To join or leave, go to https://public.govdelivery.com/accounts/ Proposed Rules: 205...... 47536 1...... 46566 USGPOOFR/subscriber/new, enter your email address, then 984...... 47305 follow the instructions to join, leave, or manage your 24 CFR subscription. 8 CFR 214...... 47300 PENS (Public Law Electronic Notification Service) is an e-mail 103...... 46788 service that notifies subscribers of recently enacted laws. 106...... 46788 26 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 204...... 46788 1...... 47027 and select Join or leave the list (or change settings); then follow 211...... 46788 Proposed Rules: the instructions. 212...... 46788 1...... 47323, 47508 214...... 46788 FEDREGTOC and PENS are mailing lists only. We cannot 216...... 46788 28 CFR respond to specific inquiries. 217...... 46788 Proposed Rules: Reference questions. Send questions and comments about the 223...... 46788 26...... 47324 Federal Register system to: [email protected] 235...... 46788 236...... 46788 33 CFR The Federal Register staff cannot interpret specific documents or 240...... 46788 regulations. 100...... 47027 244...... 46788 165 ...... 46536, 47027, 47030, 245...... 46788 47648, 47650 FEDERAL REGISTER PAGES AND DATE, AUGUST 245a...... 46788 Proposed Rules: 248...... 46788 117...... 47328 46531–47012...... 3 264...... 46788 47013–47292...... 4 274a...... 46788 34 CFR 47293–47634...... 5 286...... 46788 Ch. III...... 46538, 47652, 47656, 47635–47890...... 6 301...... 46788 47664, 47668 319...... 46788 320...... 46788 37 CFR 322...... 46788 1...... 46932 324...... 46788 11...... 46932 334...... 46788 41...... 46932 341...... 46788 42...... 46932 343a...... 46788 343b...... 46788 39 CFR 392...... 46788 Proposed Rules: 113...... 46575, 47720 10 CFR Proposed Rules: 40 CFR 431...... 47472 9...... 46550

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52...... 47032, 47670 42 CFR 44 CFR 49 CFR 81...... 47032, 47670 409...... 47594 64...... 47673 1002...... 47099 228...... 47035 412...... 47042 1011...... 47675 721...... 46550 413...... 47594 45 CFR 1111...... 47675 Proposed Rules: 418...... 47070 170...... 47099 50 CFR 52 ...... 46576, 46581, 47125, 482...... 47042 171...... 47099 622...... 47304 47134 Proposed Rules: 648...... 47102, 47103 180...... 47330 412...... 47723 48 CFR Proposed Rules: 300...... 47331 423...... 47151 1539...... 46556 424...... 47333 1552...... 46556 680...... 47157

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Register but may be ordered Act of 2020 (Aug. 3, 2020; listserv.gsa.gov/cgi-bin/ in ‘‘slip law’’ (individual 134 Stat. 680) wa.exe?SUBED1=PUBLAWS- LIST OF PUBLIC LAWS pamphlet) form from the Last List July 28, 2020 L&A=1 Superintendent of Documents, This is a continuing list of U.S. Government Publishing public bills from the current Office, Washington, DC 20402 Note: This service is strictly session of Congress which (phone, 202–512–1808). The Public Laws Electronic for email notification of new have become Federal laws. text will also be made Notification Service laws. The text of laws is not This list is also available available at https:// (PENS) available through this service. online at https:// www.govinfo.gov. Some laws PENS cannot respond to www.archives.gov/federal- may not yet be available. specific inquiries sent to this register/laws. PENS is a free email S. 4209/P.L. 116–151 notification service of newly address. The text of laws is not Protecting Nonprofits from enacted public laws. To published in the Federal Catastrophic Cash Flow Strain subscribe, go to https://

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